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9 EXHIBIT “A”
DESCRIPTION OF PROPERTY
THE LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
APN/Parcel (ID): 0209-272-27
PARCEL MAP 16090 PARCEL 1 BOOK 210 PAGE 75
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9 EXHIBIT “B”
REQUIRED PROJECT FEATURES/ELEMENTS
The Property is a key piece of the City’s HART District Focus Area as described in PlanRC, the City’s General Plan. Development of the Property shall be consistent with the City’s vision for creating an intense, mixed-use transit hub of regional significance. With the expected addition of high-speed rail and an underground transit link to Ontario International Airport, the environment around the Property is expected to scale upwards significantly with a dynamic mix of housing, employment, hospitality, and supporting parking and commercial development.
Characteristics of the Development necessary to be consistent with PlanRC include but are not limited to the following:
•Design consistent with all applicable chapters and sections of the City of Rancho Cucamonga Development Code, including Article VIII known as the Form-Based Code or FBC.
•Design that is urban in character with buildings at or near the sidewalk, and oriented toward the primary street whenever possible to provide spatial definition of the public realm and ground floor activity.
•Buildings designed for soft transitions to surrounding areas, and size, scale, and character are calibrated to respect the scale and character of the adjacent context. •Design that contributes to the existing and future network of pathways and pedestrian friendly streets that connect uses and amenities.
•Open space pursuant to the requirements of PlanRC and the City’s Development Code.
•Should housing be developed, the project must include affordable housing consistent with covenants and HCD requirements under the Surplus Land Act. •An approximate 500-stall parking structure as part of an initial phase of development and an approximate 65,000 square foot commercial building as part of a second phase of development.
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9 EXHIBIT “C”
SPECIFIC CITY TASKS
1.Within 30 calendar days after the Effective Date, City shall provide to Developer copies of all currently existing non-confidential plans. studies and other written or digital information regarding the Property in its possession, to the extent not previously delivered to Developer and to the extent not subject to any attorney client or attorney work product privilege or other applicable privilege.
2.Within thirty (30) calendar days following the commencement of each calendar quarter during the Term (i.e., by each January 30 th, April 30 th, July 30 th, and October 30th) the City shall provide Developer with an accounting of the City’s out-of-pocket costs incurred during the immediately preceding calendar quarter (or portion thereof with respect to the first and last such accounting) and paid or reimbursed from the “Deposit” (as defined in Exhibit “D”), along with documentary evidence of such costs (collectively, a “Deposit Accounting”).
Within thirty (30) calendar days following the earlier of (a) the date this Agreement expires or is terminated or (b) the date the Parties enter into a DDA, the City shall deliver to Developer all remaining and unexpended Deposit funds, along with a Deposit Accounting.
3.At Developer's sole cost, City shall use good faith efforts to prepare and process the required CEQA documents as soon as reasonably possible after submission by Developer of a complete development application and payment of applicable fees/deposits.
4.City staff will work in good faith with Developer staff to create the nonbinding terms sheet for the DDA that is described in Exhibit “D”.
5.After such terms sheet shall have been informally approved by the respective staffs of the Parties, and City shall have received the items described in Sections 2, 3 and 6 of the attached Exhibit “D”, then the City shall provide an initial draft of the disposition and development agreement to Developer and shall thereafter negotiate with the Developer to reach final agreement on the disposition and development agreement. Developer acknowledges that the disposition and development agreement is subject to final approval by the City Council in its sole and absolute discretion.
8 EXHIBIT “D”
SPECIFIC DEVELOPER TASKS
1.Developer’s staff shall work with City staff to create a nonbinding terms sheet for the DDA. Within 30 days after the Effective Date, Developer shall deposit the sum of $50,000 (the “Deposit”) with City, which City will use towards payment of its out-of- pocket costs incurred by City in negotiating and preparing the DDA and undertaking other City obligations under this Agreement. Developer shall replenish said deposit at any time requested by the City to ensure the $50,00 remains available to pay such out- of-pocket expenses as they arise.
2.Within 30 days after the Effective Date, Developer will order a preliminary title report for the Property and arrange to have it delivered to both City and Developer. For purposes of delivery to City, Developer shall email the preliminary title report to Matt Marquez at [email protected] (with hyperlinks to title exception documents).
3.Within 60 days after the Effective Date, Developer shall deliver to City staff for staff review a preliminary project description, preliminary site plan, preliminary/estimated Project budget, preliminary description of sources and uses of funds for the Project, and a preliminary closing date with post-closing construction schedule.
4.Within 60 days after the Effective Date, Developer shall conduct initial due diligence investigations at is sole cost and expense. Due diligence shall include obtaining an appraisal for the property and may also include environmental studies, geotechnical studies, and civil engineering studies. If this ENA is terminated, any and all studies conducted by Developer during the Term hereof shall be assigned to and thereafter become the property of the City, but without any representation or warranty of any kind.
Developer shall obtain the written consent of the consultants prior to providing any such assignments.
5.In connection with Developer’s due diligence investigations, Developer, and Developer’s affiliates, agents, engineers, contractors, consultants, and employees (collectively, the “Developer and the Developer Entities”), are hereby granted a license to enter upon the Property in order to conduct any and all inspections, investigations, tests and studies (including, without limitation, architectural inspections, engineering tests, soils, seismic and geologic reports and environmental testing) with respect to the Property (“Due Diligence Investigations”) as Developer desires to make, all at Developer’s sole cost and expense; provided, however, that Developer shall obtain the prior written consent of the City Manager prior to conducting any invasive tests on the Property, which written consent shall not be unreasonably withheld, conditioned, or delayed. Developer shall notify the City Manager, in writing, not less than 24 hours prior to Developer’s initial entry on the Property and shall provide to the City Manager a written description of the Due Diligence Investigations Developer proposes to make during said initial entry and any subsequent entries (provided, that if Developer desires
9 to conduct any Due Diligence Investigations that were not described in Developer’s written submittal to the City, Developer shall provide to the City Manager a written description of any such additional Due Diligence Investigations not less than 24 hours’ prior to the first entry onto the Property to conduct such additional Due Diligence Investigations). All Due Diligence Investigations performed on the Property shall be undertaken in conformance with all the requirements of all applicable laws and regulations.
6.Within 120 days after the Effective Date, Developer shall submit a more detailed Project description to City, which will include a site plan and architectural concept drawings identifying the location, building envelopes, general configuration, uses of the buildings and site, parking and traffic circulation, and proposed design characteristics of the Project. This will also include a conceptual development program for the Project that includes a breakdown of the proposed scope of development including a range of building square footage by land use and range of square footage and number of parking spaces, approximate number and mix of residential units, proposed public amenities, circulation, and other general uses.
7.Within 60 days after delivery to Developer of the City Manager’s comments on the items described in Section 6 above, Developer shall submit a revised Project description to City staff addressing such comments.
8.Within 60 days after City Manager's delivery to Developer of the City Manager’s nonbinding approval in writing of such revised Project description, Developer shall submit to City staff a revised estimated Project budget, revised description of financing methods/sources and uses, revised schedule, and revised estimate of the revenues and expenses anticipated to be incurred by Developer during Project construction and operation.
9.Within 30 days after the items in Section 8 above are submitted, Developer shall submit formal development applications to the City. The Parties will endeavor to conclude negotiations and drafting of a draft of the DDA by this time.
DATE: December 18, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Neil Plummer, Public Works Services Director Daniel Akers, Parks and Landscape Maintenance Superintendent Ruth Cain, CPPB, Procurement Manager
Lisa O’Brien, Management Analyst II
Paige Eberle, Management Analyst I
SUBJECT: Consideration of the Purchase of Fertilizer and Pesticides on an “As Needed” Basis from SiteOne Landscape Supply in an Amount Not to Exceed $110,000 for the Calendar Year 2025. (CITY)
RECOMMENDATION:
It is recommended that the City Council award the purchase of fertilizer and pesticides on an as needed basis from SiteOne Landscape Supply, in accordance with Request for Bids (RFB) #24/25-108, in an amount not to exceed $110,000 for the calendar year 2025, contingent upon approval of the FY 2025/26 budget, to be funded from various City and Special District accounts.
BACKGROUND:
The Public Works Services Department applies fertilizer and pesticides in the landscape areas throughout the City. The use of general and specialized fertilizers helps to improve plant and turf health. The properly scheduled distribution of these fertilizers will stimulate healthy root and plant structure growth. The City’s urban forest also benefits from the availability of the appropriate fertilizers and pesticides that help strengthen and stimulate proper growth. The application of approved pesticides helps reduce and/or eliminate unwanted pests and weeds that can impact landscape health and appearance, while reducing the public’s exposure to pest related injuries such as Red Fire Ants or Goathead weeds in our parks, landscape areas, and paseos. Having the capability to purchase on an “as needed basis” through a variety of vendors will help the Department’s ability to respond rapidly and with the appropriate materials to achieve the application goals throughout the year. Having two vendors providing the fertilizer and pesticides helps maximize availability and accessibility to the materials used throughout the City and eliminates the potential impacts associated with the storage of these materials.
ANALYSIS:
The Public Works Services Department provided the Purchasing Division with specifications for review and to determine the best method of procurement. The Purchasing Division prepared and posted a formal Request for Bid (RFB) #24/25-108 for “Fertilizer and Pesticides Supplies on an As Needed Basis” to the City’s automated procurement system. This bid was solicited as a split award to provide the greatest flexibility in staff’s ability to find the materials needed at the best price. A total of forty-three (43) vendors were notified, fourteen (14) prospective bidders
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downloaded the solicitation documents, and two (2) responses were received. SiteOne Landscape Supply was the most responsive bidder.
RFB #24/25-108 required pricing through December 31, 2025. This enables the continued purchase of fertilizers and pesticides during the first half of FY 2025/26 while a procurement is conducted for the following calendar year.
All applicable bid documentation is on file in the City’s electronic bidding system and can be accessed through the City’s web page.
FISCAL IMPACT:
The proposed expenditures are within the various operations and maintenance budget line items in the adopted budget for FY 2024/25 and will be adjusted as necessary, contingent upon approval of the FY 2025/26 budget.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s Core Values of providing and nurturing a high quality of life for all by promoting and enhancing a safe and healthy community.
ATTACHMENTS:
None.
DATE:December 18, 2024
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Rick Snawder, Fire Marshal
Darci Vogel, Fire Business Manager
Ruth Cain, Procurement Manager
SUBJECT: Consideration of Rescinding the Professional Services Agreement with West Coast Tree Service Inc. for Weed and Fire Hazard Abatement Services. (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board rescind the Professional Service Agreement (PSA) with West Coast Tree Service Inc. for weed and fire hazard abatement services due their inability to meet the PSA's requirements.
BACKGROUND:
A City ordinance and Fire District resolution, approved on August 4, 2010, empowered the Fire District to manage weed and fire hazard abatement for the City and assess various fees related to the Weed and Fire Hazard Abatement Administration Program. Among the provisions in the ordinance is the ability of the Fire District to contract with companies that provide weed and fire hazard abatement services. These contract services are needed when property owners do not respond to the Fire District's notices to abate weed and fire hazards.
When a property owner fails to complete the required abatement, the Fire District engages the services of an approved contractor to provide the necessary abatement. The contractor bills the Fire District for the work that is completed. Upon satisfactory evidence that the work has been completed per the ordinance, the Fire District pays the contractor according to the terms of the PSA. The Fire District then bills the property owner for the cost of the abatement services plus an administrative fee that covers the staff time necessary to arrange the abatement and handle the documentation necessary to verify the work and generate the billing. If the property owner does not pay the Fire District for costs incurred, the Fire District places the costs on the tax roll for payment with the following property tax assessment.
Administering the Weed and Fire Hazard Abatement Program is cost-neutral because the payments made by the Fire District to the contractor are recovered in full either by the property owner paying the invoice prepared by the Fire District or having the invoice paid as a tax assessment. The staff time required to administer the Weed and Fire Hazard Abatement Program is fully recovered by the assessment of administrative fees approved by the Fire Board. The Fire Board adjusted these fees in December 2020 to align with the actual administrative costs of the program as determined by a fee study conducted by an independent third-party consultant.
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ANALYSIS:
The Fire District’s prior PSA for weed and fire hazard abatement services expired on July 1, 2024, thus resulting in the need to start a formal RFP process. Fire District staff provided specifications for weed and fire hazard abatement services to the Procurement Division. Procurement prepared and posted RFP #24/25-008 on September 18, 2024 to the City's automated procurement system.
As a result, three hundred thirty-two (332) vendors were notified, fifty (50) prospective bidders downloaded the RFP documentation, and eight (8) responses were received and evaluated.
An evaluation panel comprised of the Fire Marshal, Deputy Fire Marshal, and Fire Business Manager evaluated each response based on the following criteria, as defined in the RFP:
•Vendor expertise and experience
•Quality of proposed services
•Vendors who can provide both tractor and hand work services •Extent to which the vendor services meet the Fire District’s needs •Cost
The Fire Board approved a PSA with West Coast Tree Service Inc. on November 6, 2024 in the amount not to exceed $175,000 annually. However, on December 2, 2024, the vendor withdrew from the bid process citing their inability to meet the PSA's requirements, including submitting the Certificates of Insurance, additional endorsements, and waivers of subrogation necessary to start services. Therefore, staff recommends that the Fire Board rescind the PSA with West Coast Tree Service Inc. for weed and fire hazard abatement services.
FISCAL IMPACT:
There is no fiscal impact with rescinding this contract as the vendor had not yet commenced services.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item brings together portions of the Council's vision and core values by providing and nurturing a high quality of life and promoting and enhancing a safe and healthy community for all.
A robust weed and fire hazard abatement program improves the City's overall look when weeds and seasonal grasses are regularly and adequately maintained. Quality of life, safety, and health are improved as well-maintained undeveloped parcels are less likely to catch fire and threaten nearby homes or extend into the wildland-urban interface fire area of the City. Fewer grass and brush fires mean less smoke in the air, which improves the entire community's health.
ATTACHMENTS:
None
DATE: December 18, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jevin Kaye, Finance Director
Rick Flinchum, Finance Manager
Ruth Cain, Procurement Manager
SUBJECT: Consideration of a Professional Services Agreement with OpenGov, Inc. for Delivery and Implementation of a Budget & Financial Planning System and authorizing an appropriation in the Amount of $215,890. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve a Professional Service Agreement (PSA) with OpenGov, Inc. for delivery and implementation of a budget and financial planning software in the amount not to exceed $215,890 in the first year in accordance with Request for Proposal (RFP) #24/25-009. The PSA term shall be one (1) year with an option to renew for up to two (2), one (1) year extension terms, for a maximum total term of three (3) years. Staff further recommends that the City Council approve an appropriation in the amount of $215,890 for the Fiscal Year 2024/25 in the Computer Equipment & Technology Replacement Fund F714.
BACKGROUND:
On July 1, 2024, the City went live with Workday ERP as its new financial management system, a culmination of a multi-year effort to launch the combined finance/human resources management solutions for the City. As part of this initiative, the City has sought out various secondary systems to maintain an integration with Workday as a primary system to allow continuity in services not managed directly in Workday, namely with cashiering, investment management, and historical data management.
After thorough review of Workday’s features, the Finance Department, in consultation with City Management and the Department of Innovation and Technology, determined that a need exists for a tool, separate from Workday’s financial management features, for a budgeting and financial planning solution that will allow for compilation, analysis, and presentation of the City and Fire District’s Annual Budget documents. While Workday is a robust financial management and accounting tool that the City continues to make use of, the Finance Department has additional needs for a system that provides greater collaborative analysis tools to assist in gathering budgetary information from City departments and presenting it in a transparent way to the City Council and to the public.
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ANALYSIS:
The Finance Department conducted a formal RFP process that concluded on October 9, 2024.
Finance staff provided system specifications and delivery requirements for a budgeting system to the Procurement Division. Procurement prepared and posted RFP #24/25-009 on September 23, 2024 to the City’s automated procurement system. As a result, four hundred seventy-four (474) vendors were notified, fifteen (15) prospective bidders downloaded the RFP materials, and three (3) responses were received and evaluated.
An evaluation panel was comprised of five staff: the Finance Manager, Management Analyst II in the Finance Department, Fire Business Manager, Management Analyst II in the City Manager’s Office, and Management Analyst II in the Engineering Department. Each panelist evaluated the responses based on the following criteria as defined in the RFP:
•Vendor Expertise
•Quality of proposed services/goods
•Extent to which the Vendors services/goods meet the City’s needs •Cost
The evaluation process resulted in the selection of OpenGov, Inc. Staff recommends the City Council approve a PSA with OpenGov, Inc. for delivery and implementation of a budget system in the amount not to exceed $215,890 in the first year. The PSA term shall be one (1) year with an option to renew for up to two (2), one (1) year extension terms, for a maximum total of three (3) years. Should that renewal option be granted, the costs are not to exceed $144,368 in the second year, and $151,586 in the third year.
FISCAL IMPACT:
Staff recommends approving an appropriation in the City’s internal service fund for computer and technology replacement in the amount of $215,890.32 for the system.
Appropriation for FY 2024/25 Budget
Computer Equipment &
Technology
Replacement Fund
F714|CC206|SC2107 Contract Services –
Software
$215,890.32
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The approval of this PSA and appropriation request supports the City Council’s core value of providing and nurturing a high quality of life for all by demonstrating the prudent and collaborative management of the City’s budget and ensuring transparent presentation of the budget on an annual basis.
ATTACHMENTS:
Attachment 1 – OpenGov, Inc. Public Services Agreement
Attachment 2 – OpenGov, Inc. Order Form (Exhibit A to the PSA) Attachment 3 – OpenGov, Inc. Scope of Work (Exhibit B to the PSA)
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 18th day of December 2024, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and OpenGov, Inc., a Delaware corporation and technology service provider ("Consultant").
RECITALS
A City has heretofore issued its request for proposals for delivery and implementation of a Budget System, as more fully described herein (the “Project”).
B. Consultant has submitted a proposal to perform the professional services described in Recital "A" above, necessary to complete the Project.
C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein.
D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to use commercially reasonable efforts to provide the commercial-off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). “Order Form” means the document(s) executed by the parties and attached as Exhibit “A”, that specifies the Software Services that Consultant will provide to City under this Agreement. Software Services do not include any pre-release features, functionality, and/or software that City elects to use while they are in beta. Additionally, if Consultant or its authorized independent contractors provides professional services to City, such as implementation services, then these professional services (“Professional Services”) will be more fully set forth in the Statement of Work (“SOW” or “Scope of Work”) attached hereto as Exhibit “B" and incorporated by reference herein.
The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are collectively referred to herein as the “Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Services desired by the City. Any agreed upon change in the Scope of Work and compensation, if any, shall be set forth in a written amendment hereto.
1.3 Time for Performance. Consultant shall perform all Services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or in a separate exhibit hereto.
1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience and qualifications necessary to undertake the Services.
In light of such qualifications and experience, Consultant hereby covenants that it shall follow all applicable professional standards in performing the Services.
ATTACHMENT 1
1.5 Intentionally Omitted.
1.6 Support and Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during Consultant’s standard business hours. City may report issues any time; however, Consultant will address issues during business hours. Consultant will provide support for the Software Services in accordance with the support and software service levels found at opengov.com/service-sla, as long as City is entitled to receive support under the applicable Order Form and this Agreement.
1.7 Software Services. Consultant owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of Consultant. City may not copy, imitate, or use them, in whole or in part, without Consultant’s prior written consent. Subject to City’s obligations under this Agreement, Consultant grants City a non-exclusive, royalty-free license during the Term to use the Software Services.
1.8 Restrictions. City may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. In addition, City shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services, including but not limited to load testing, or stress testing; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to Consultant or the Software Services platform.
1.9 Responsibilities. City shall be responsible for obtaining and maintaining computers and third-party software systems of record (such as City’s ERP systems) needed to connect to, access or otherwise use the Software Services. City also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of City user accounts by any party other than Consultant.
2. Term of Agreement. Unless sooner terminated, extended as provided herein, or otherwise indicated in an applicable Order Form, the initial term of this Agreement shall be one (1) year, and become effective as of the date of mutual execution of an applicable Order Form (the "Effective Date"). Consultant shall not commence to perform any of the Services until given written notice to proceed, and then, only to the extent of such notification. The City’s request that the Consultant not proceed shall not be considered a breach of the Consultant’s duty to provide the services under this Agreement. Following the initial term, the City Manager may authorize renewal of this Agreement for up to two (2), additional, one-year terms.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in the Consultant’s Order Form, attached hereto as Exhibit “A”, unless otherwise agreed upon in writing, provided, however, that full, total, and complete amount payable to Consultant shall not exceed $215,890.35 (Two-Hundred Fifteen Thousand Eight Hundred and Ninety Dollars and Thirty-Five Cents). City agrees to pay invoices within 30 days. Invoices are deemed received when Consultant emails them to City’s designated billing contact.
Obligations to pay fees are non-cancelable, and payments are non-refundable. City shall not withhold any federal, state or other taxes. The parties further agree that compensation may be adjusted in accordance with
Section 1.2 to reflect agreed-upon changes to the Scope of Work (“Additional Work”). City shall compensate Consultant for any Additional Work as set forth in Exhibit B.
3.2 Annual Software Price Adjustment. Consultant shall increase the fees for the Software Services during any Renewal Term by 5% each year or as otherwise agreed upon in the applicable renewal Order Form.
3.3 Travel Expenses. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by City.
3.4 Consequences of Non-Payment. If City fails to make any payments required under any Order Form or SOW, then in addition to any other rights Consultant may have under this Agreement or applicable law, (a) City will owe a late interest penalty of the maximum rate permitted by law and (b) If City’s account remains delinquent (with respect to payment of an undisputed invoice) for 10 days after receipt of a delinquency notice from Consultant, which may be provided via email to City’s designated billing contact, Consultant may temporarily suspend City’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with this Agreement. City will continue to incur and owe all applicable fees irrespective of any such service suspension based on such City’s delinquency.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City annual invoices for the Services consistent with the Order Form. Any invoice claiming compensation for Additional Work shall include appropriate documentation of prior authorization for such Additional Work.
4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amount set forth in Section 3.
4.4 All applicable financial records, invoices, and other financial records maintained by Consultant relating to services hereunder shall be available for review and audit by the City, when required by government rules or legal order or in compliance with the City’s standard operating procedures, upon reasonable notice, during regular business hours. Each party shall bear the cost and expense it occurs in connection with such review and audit. In no event shall any audit occur: (1) more than once per calendar year, (2) without giving at least three business days prior written notice (3) outside of Consultant’s normal business hours, or (4) on systems where such audit may, in Consultant’s sole reasonable discretion, violate its third party confidentiality obligations.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be Richard (Rick) Flinchum, or such other person as designated in writing by the City (“City Representative”). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement, Nicholas Matthews is hereby designated as the representative of Consultant authorized to act in its behalf with respect to the Services specified herein ("Consultant's Representative"). It is expressly understood that the experience, knowledge,
capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to manage the relationship with the City and the Services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City.
6. Consultant's Personnel.
6.1 All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license if and as required by the City's Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged by it in performing the Services and compliance with the standard of care set forth in Section 1 .4.
6.3 Consultant shall be responsible for payment of all its employees' and subcontractors' wages and benefits and shall comply with all applicable requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of the California Labor Code.
7. Ownership of Work Product. - City Data
7.1 Ownership. City’s data (“City Data,” which shall also be known and treated by Service Provider as Confidential Information) shall include City’s and/or City employees’ and all other authorized users’ data, with the exception of personally identifiable information (“PII“), collected, accessed, used, processed, stored, generated, or otherwise made accessible to Consultant, as the result of or in connection with the City’s use of the Services. City Data will not include any PII. Personal information also means “personal information” as defined in California Civil Code Section 1798.140(o). Except where subject to a third party’s intellectual property rights, all City Data is and shall remain the sole and exclusive property of City and all right, title, and interest in the same belongs to City. This Section shall survive the termination of this Agreement.
7.2 Service Provider Use of City Data. Service Provider is provided a limited license to access City Data for the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate, and display City Data only to the extent necessary in the providing of the Services. Service Provider shall: (a) keep and maintain City Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose City Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and applicable law; (c) allow access to City Data only to those employees of Service Provider who are directly involved with and responsible for providing the Services; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available City Data for Service Provider’s own purposes or for the benefit of anyone other
than City without City’s prior written consent. Service Provider may not utilize aggregated data derived from City Data unless it has been made “anonymous” using of technology that irreversibly alters data in such a way that the data subject can no longer be identified directly or indirectly, either by the data controller alone or in collaboration with any other party, and such data is thereby rendered “anonymized data”, as generally described in ISO 25237:2017, Sections 3.2 and 3.3.
Notwithstanding the foregoing, Consultant shall be permitted to use aggregated, anonymized City Data for purposes of product enhancement, customer service, and data analysis. Insights gleaned from aggregated, anonymized City Data will belong to Consultant.
Deletion of City Data. Unless otherwise requested pursuant to this Section, upon the termination of this Agreement, City Data shall be deleted pursuant to Consultant’s standard data deletion and retention practices, which is to delete City Data 45 days after termination or expiration of the Agreement. Upon written request, City may request deletion of City Data prior to the date of termination of this Agreement. Such a request must be addressed to Consultant’s address for notice.
Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by City to Consultant, including feedback provided through online developer community forums. City grants Consultant a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate Feedback into the Software Services and Documentation. Consultant will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of City’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.
7.3 Access to, and Extraction of City Data. City shall have full and complete access to, and ability to download, its City Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Service Provider. Further, Consultant may, upon written request, provide City, an extract of the City Data in the format specified by City at the Consultant’s then-current hourly rate. In the event City gives Service Provider written notice of a “litigation hold”, then as to all data identified in such notice, Service Provider shall, at no additional cost to City, isolate and preserve all such data pending receipt of further direction from the City.
7.4 Backup and Recovery of City Data. As a part of the Services, Service Provider is responsible for maintaining a backup of City Data and for an orderly and timely recovery of such data in the event that the Services may be interrupted.
7.5 Loss or Unauthorized Access to Data. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of City Data or the physical, technical, administrative, or organizational safeguards put in place by Service Provider that relate to the protection of the security, confidentiality, or integrity of City Data, Consultant shall, as applicable:
(a) notify City as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with City in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by City; (c) perform or take any other actions required to comply with applicable law as a result of the occurrence; (d) without limiting Consultant’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless City for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from City in connection with the occurrence up to the limits of Consultant’s Cyber Liability policy required herein; and, (e) provide to City a detailed plan within ten (10) calendar days of the occurrence describing the measures Consultant will undertake to prevent a future
occurrence. Notification to affected individuals, as described above, shall comply with applicable law. This Section shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes levied against Consultant on amounts paid to Consultant under this Agreement, and defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement (other than those that result from a breach of this Agreement or any unlawful act or omission by or of City). Consultant shall fully comply with the applicable workers' compensation law regarding Consultant and Consultant's employees.
9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion or other information developed or received by Consultant or provided for performance of this Agreement (“Confidential Information”) is confidential and shall not be disclosed by Consultant without prior written authorization by City, except to its employees, consultants and subcontractors, representatives and agents that have a need to know and agree in writing to maintain such confidentiality or otherwise are required by law to maintain such confidentiality. All of City’s Confidential Information shall be returned to City upon the termination of this Agreement or, if in intangible form, destroyed provided such destruction is promptly certified in writing to the City. Consultant's covenant under this Section shall survive the termination of this Agreement. Confidential Information does not include information in whatever form that is in or becomes part of the public domain or publicly available, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. Confidential Information also does not include information that: (i) is disclosed to Consultant by a third party that is not under an obligation of confidentiality; (ii) is already lawfully in the possession of Consultant at the time of its disclosure or (iii) is independently developed by Consultant without use of City’s Confidential Information. All of this Section 9 regarding confidentiality will apply equally to Confidential Information of Consultant that is made available to City, including, without limitation, terms and pricing set forth in this Agreement, any Intellectual Property Rights of Consultant, or any Scope of Work or similar document, but not including disclosures required by law including the California Public Records Act, subpoena, and/or court order.
10. Conflict of lnterest.
10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may negatively materially affect its ability to provide the Services, or which would conflict in any material manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall use commercially reasonable efforts to avoid the appearance of having any interest which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
10.2 Consultant further covenants that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this covenant, City shall have the right, upon reasonable evidence, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless with respect to any and all third-party claims for damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of any material breach of this Agreement, pertaining to, or relating to the grossly negligent acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all reasonable costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. City shall (a) promptly give notice of a claim to Consultant, (b) give Consultant sole control of the defense and settlement of the claim, (c) provide to Consultant all available information and reasonable assistance, and (d) not compromise or settle such third-party claim. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. The foregoing is Consultant's sole obligation and City’s exclusive remedy with respect to indemnification.
11.2Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
11.3Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor.
11.4Intentionally Omitted.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Automobile Liability, covering any auto.
(3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance.
(4) Technology Professional Liability Errors & Omissions policy to include Cyber coverage.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required
occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
(4) Technology Professional Liability Errors & Omissions policy to include Cyber coverage with a limit of no less than $2,000,000 per claim.
(5) No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
(6) Nothing contained in this Section 12 regarding insurance will, in any way or manner, increase the aggregate liability of Contractor to the City or any other Indemnified Parties or waive or diminish any of the express disclaimers, exclusions or limitations on damages set forth in this Agreement, whether the City recovers from Contractor, directly from an insurance carrier of Contractor or otherwise.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage.
12.5 Other Insurance Provisions.
(1) The commercial general liability, technology professional liability errors & omissions policy including Cyber coverage, and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant.
(2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and agents serving as independent contractors in the role of City or officials. Any insurance or self insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it.
(3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice has been given to City. Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein.
(5) Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, and agents serving as independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A-: VII or better according to the most recent A.M. Best Co. Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy,
including breaches of warranty, shall not affect the coverage required to be p rovided.
(8) Contractor shall provide to the City upon request, for all insurance required under this Section, copies of proof of endorsements or exclusions .
12.6 Evidence of coverage. Within 10 days of commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
12.7 Contractor agrees to use commercially reasonable efforts to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work, and (b) shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement.
13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or Services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require.
City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties.
14. Termination. For Cause. City may terminate this Agreement for cause following a default remaining uncured more than thirty (30) days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City thirty (30) days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.
Non-Appropriation of Funds. Additionally, for any term after the first full year of this Agreement, City may terminate this Agreement if it does not appropriate funds to continue this Agreement in a future fiscal year by providing notice in writing no less than 30 days before the end of the then-current term. Such termination shall be effective upon the expiration of the then-current term.
Effect of Termination. Upon termination of this Agreement pursuant to this Section (a) City shall pay in full for all Software Services and Professional Services for the then-
current annual term, unless the Agreement was terminated by City for cause, in which case City will be entitled to a pro-rated refund for any unused services; (b) Consultant shall stop providing Software Services and Professional Services to City; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing or email and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section.
All notices shall be addressed as follows:
If to City:
City of Rancho Cucamonga
Attn: Rick Flinchum
10500 Civic Center Dr.
Rancho Cucamonga, CA. 91730
If to Consultant:
OpenGov, Inc.
Attn: Legal Department
660 3rd Street, Suite 100
San Francisco, CA 94107
Email: [email protected]
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City’s prior written consent. Consultant may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. This Agreement is binding upon and inures to the benefit of the parties hereto and their successors and permitted assigns.
18. Compliance with Laws. Each party shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works” and "maintenance” projects. If the Services are being performed as part of an applicable "public works" or "maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm If applicable and required by applicable law, Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts.
21. Exhibits; Precedence. All documents expressly referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document expressly incorporated herein by reference, the provisions of this Agreement shall prevail, followed by the exhibits in sequential order.
22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California.
Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
24. Representations and Warranties; Disclaimer.
24.1 By Consultant.
General Warranty. Consultant represents and warrants that it has all right and authority necessary to enter into and perform this Agreement.
Professional Services Warranty. Consultant further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, Consultant will re- perform the applicable services. If Consultant is unable to re-perform such work as warranted, City will be entitled to recover all fees paid to Consultant for the deficient work. City must give written notice of any claim under this warranty to Consultant within 90 days of the completion of Professional Services pursuant to the applicable SOW to receive such warranty remedies.
Software Services Warranty. Consultant further represents and warrants that for the Term, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in this Agreement. Consultant does not warrant that the Software Services will be uninterrupted or error-free. City must give written notice of any claim under this warranty to Consultant within 90 days of City discovering the defect. For any breach of the Software Services warranty, Consultant will repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted. If Consultant is unable to do so, City may terminate the license for such Software Services and will be entitled to recover all fees paid to Consultant for the deficient Software Services.
24.2 By City.
City represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) Consultant’s use of City Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.
24.3 Disclaimer.
CONSULTANT DOES NOT WARRANT THAT THE SOFTWARE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION , THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND CONSULTANT
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
25. Limitation of Liability.
25.1 By Type.
NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF
THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY
INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A
PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
25.2 By Amount.
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE
LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED
TO THIS AGREEMENT EXCEED THE FEES PAID BY CITY TO CONSULTANT FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
25.3 Limitation of Liability Exclusions.
The limitations of liability set forth above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its confidentiality obligations, (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s infringement of the other party’s Intellectual Property Rights.
26. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits expressly referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, modified or supplemented nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
Consultant Name: OpenGov, Inc. City of Rancho Cucamonga By: __________________________ By: ______________________ Name Date Name Date ___________________________ _________________________ Title Title
By: __________________________ By: ______________________ Name Date Name Date ___________________________ _________________________ Title Title (two signatures required of corporation)
Approval_Buyer II, Purchasing
Alternate_Risk Management Coordinator
EXHIBIT A
ORDER FORM
EXHIBIT B
Statement of Work (“SOW”)
https://opengov.com | 1
Order Form Number:
Created On:
Quote Expiration Date:
Subscription Start Date:
Subscription End Date:
Q018381
December 5, 2024
December 31, 2024
December 18, 2024
December 17, 2025
Prepared By:
Email:
Contract Term:
OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
Nick Matthews
[email protected]
12 Months
Customer Information
Customer:
Bill To/Ship To:
City of Rancho Cucamonga, CA
10500 Civic Center Drive
Rancho Cucamonga, CA US
Contact Name:
Email:
Order Details
Billing Frequency: Annual Payment Terms: Net 30
SOFTWARE SERVICES:
Product / Service Start Date End Date Term Fee
Budgeting & Planning
Dashboards, Financial Integration, Online Budget Book, Open Town Hall, Operating & Capital Budgeting, Reporting & Analytics, Story Builder, Transparency, Workforce Planning
December 18, 2024 December 17, 2025 $137,130.35
Budgeting & Planning
Dashboards, Financial Integration, Online Budget Book, Open Town Hall, Operating & Capital Budgeting, Reporting & Analytics, Story Builder, Transparency, Workforce Planning
December 18, 2025 December 17, 2026 $144,367.95
Budgeting & Planning
Dashboards, Financial Integration, Online Budget Book, Open Town Hall, Operating & Capital Budgeting, Reporting & Analytics, Story Builder, Transparency, Workforce Planning
December 18, 2026 December 17, 2027 $151,585.96
Total Amount See Billing Table
PROFESSIONAL SERVICES:
Product / Service Start Date Total Amount
Professional Services Deployment - Prepaid December 18, 2024 $78,760.00 Services Total Amount $78,760.00
Order Form Legal Terms
Welcome to OpenGov!
This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of- service/master-services-agreement/ . The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services shall be
due and payable, in advance, 30 days from receipt of the invoice. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.
City of Rancho Cucamonga, CA
Signature: \s1\
OpenGov, Inc.
Signature: \s2\
Name: \n1\
Title: \t1\
Date: \d1\
Name: \n2\
Title: \t2\
Date: \d2\
Cheryl Combs
[email protected]
Billing Date: Billing Amount:
12/18/2024 $215,890.35 (Annual Software Fee + Professional Services) 12/18/2025 $144,367.95 (Optional Renewal)
12/18/2026 $151,585.96 (Optional Renewal)
ATTACHMENT 2
StatementofWorkCityofRanchoCucamonga,CA
CreationDate:12.5.2024SoWExpirationDate:12.20.2024DocumentNumber:PS-07067.3Createdby:JenniferNordin PS-07067.3 1
TableofContentsOpenGovStatementofWork 31.ProjectScope 32.AdjustmentstotheProjectScope,EstimatedSchedule,ChargesandotherTerms 33.ProjectDelivery 34.ProjectUnderstanding 35.OpenGovResponsibilities 46.ProjectTrackingandReporting 47.CommunicationandEscalationProcedure 58.OpengovImplementationMethodology 58.1.Initiate 68.2.Validate 68.3.Configure 68.5.Launch 69.CustomerResponsibilities 710.Customer’sProjectManager 711. AcceptanceProcedure 712.EstimatedSchedule 813.IllustrativeProjectTimelines 814. ChangeOrderProcess 9Exhibit1:ImplementationActivities 10Budgeting&Planning 10Initiate 10Validate 10Configure 11Train 15Launch 16Exhibit2:TechnicalRequirements 18Budgeting&PlanningTechnicalRequirements 18 PS-07067.3 2
OpenGovStatementofWork
ThisStatementofWork(“SOW”)identifiesservicesthatOpenGovwillperformforCityofRanchoCucamonga,CA (“Customer”)pursuanttotheorderforOpenGovProfessionalServices.ThisSOWmaynotbemodifiedoramendedexceptinawrittenagreementsignedbyadulyauthorizedrepresentativeofeachparty.TheOpenGovResponsibilitiessectionofthisdocumentcanbefoundinExhibit1:ImplementationActivities.AnyadditionalservicesorsupportnotdetailedinExhibit1willbeconsideredoutofscope.
1. ProjectScopeUnderthisproject,OpenGovwilldelivercloudbasedsolutions(detailedlistin“Exhibit1”).OpenGov'sestimatedchargesandschedulearebasedonperformanceoftheactivitieslistedinthe“OpenGovResponsibilities”sectionbelow. DeviationsthatariseduringtheprojectwillbemanagedthroughtheproceduredescribedinSection14.
2. AdjustmentstotheProjectScope,EstimatedSchedule,ChargesandotherTermsAdjustmentstothedeliverablesinExhibit1 mayincludechargesonatime-and-materialsorfixed-feebasisusingOpenGov’sstandardrates.
3. ProjectDelivery3.1. OpenGovwillperformtheworkunderthisSOWremotelyunlessexplicitlyidentifiedbelow.3.1.1.OpenGovwill provideone(1)onsitetrip forproject-relatedactivitywhichOpenGovdetermineswouldbebestperformedattheCustomer’sfacility.Customer’sfacilitymustcontainaconferenceroomtoaccommodatethenumberofattendees,non-publicwificonnection,andAVequipmentforprojectingOpenGovsoftwareonascreenvisibletoallparticipants.3.1.2.TheCustomerisresponsibleforpayingtravelexpensesasincurredonaquarterlybasis.Itisestimatedthatthetravelexpenseswillnotexceed$5,600.Writtenapprovalisrequiredforanyexpensesabovetheestimate.3.2. OpenGovwillusepersonnelandresourceslocatedacrosstheUnitedStates,andmayalsoincludeOpenGov-trained implementationpartnerstosupportthedeliveryofservices.
4. ProjectUnderstanding4.1.DeviationsthatariseduringtheproposedprojectwillbemanagedthroughtheChangeOrderProcess (asdefinedinSection14),andmayresultinadjustmentstotheProjectScope,EstimatedSchedule,Charges,and/orotherterms.
PS-07067.3 3
4.2.TheOpenGovSuitesarenotcustomizedbeyondcurrentcapacitiesbasedonthelatestreleaseofthesoftware.ImplementationofanycustommodificationorintegrationdevelopedbyOpenGov;Customerinternalstaff; oranythird-partyisnotincludedinthescopeofthisprojectunlessspecificallylistedinExhibit1.4.3.Customerisresponsibleforprovidingappropriatetimeandresourcestotheprojecttomeetdeliverablesasoutlinedintheprojectplan.4.4.Dataconversionservicesfromothersoftwaresystem(s)orsourcesarenotincludedinthescopeofthisprojectunlessspecificallylistedinExhibit1.
5. OpenGovResponsibilities5.1.OpenGovwillprovideprojectmanagementfortheOpenGovresponsibilitiesinthisSOW. ThisprovidesdirectiontoOpenGovprojectpersonnelandasharedframeworkforprojectplanning,communications,reporting,proceduralandcontractualactivity.5.2.OpenGovwillreviewtheProjectPlanwithCustomer’sProjectManagerandkeystakeholderstoensurealignmentonagreedupontimelines.5.3.OpenGovwillmaintainprojectcommunicationsthroughCustomer’sProjectManager.5.4.OpenGovwillestablishdocumentationandproceduralstandardsfordeliverablematerials.5.5.OpenGovwillassistCustomer’sProjectManagertoprepareandmaintaintheProjectPlanfortheperformanceofthisSOWwhichwillincludetheactivities,tasks,assignments,andprojectmilestonesidentifiedinExhibit1.
6. ProjectTrackingandReporting6.1.OpenGovwillreviewprojecttasks,schedules,andresourcesandmakechangesoradditions,asappropriate. OpenGovwillmeasureandevaluateprogressagainsttheProjectPlanwithCustomer'sProjectManager.6.2.OpenGovwillworkwithCustomer’sProjectManagertoaddressandresolvedeviationsfromtheProjectPlan.6.3.OpenGovwillconductregularlyscheduledprojectstatusmeetings.6.4.OpenGovwilladministertheChangeOrderProcesswiththeCustomer'sProjectManager.6.5.DeliverableMaterials:6.5.1.Weeklystatusreports6.5.2.ProjectPlan6.5.3.ProjectCharter,definingprojectplanandGo-livedate6.5.4.Risk,Action,IssuesandDecisionsRegister(RAID) PS-07067.3 4
6.6.DeliverableSign-Off:OpenGovrequestsSign-Offs atvariousdeliverablesduringtheimplementationoftheproject. OncetheCustomerhassigned-offonadeliverable,anyadditionalchangesrequestedbyCustomeronthatdeliverablewillrequireapaidchangeorderforadditionalhoursforOpenGovtocompletetherequestedchanges.
7. CommunicationandEscalationProcedure7.1.Activeengagementthroughouttheimplementationprocessisthefoundationofasuccessfuldeployment.Tohelpassessprogress,addressquestions,andminimizeriskduringthecourseofdeployment,bothpartiesagreetothefollowing:7.1.1. RegularcommunicationalignedtotheagreeduponProjectPlanandtiming.7.1.2.OpenGovexpectsourcustomerstoraisequestionsorconcernsassoonastheyarise.OpenGovwilldothesame,inordertobeabletoaddressitemswhenknown.7.2.Executiveinvolvement7.2.1.Executivesmaybecalledupontoclarifyexpectationsand/orresolveconfusion.7.2.2.Executivesmaybeneededtosteerstrategicitemstomaximizethevaluethroughthedeployment.7.3.EscalationProcess7.3.1. Identificationofanissueimpedingdeploymentprogresor,outcome,thatisnotacceptable.7.3.2.CustomerorOpenGovProjectManagersummarizestheproblemstatementandimpasse.7.3.3.CustomerandOpenGovProjectManagersjointlyoutlinesolutionacceptanceandOpenGovProjectManagerwillscheduleanExecutiveReviewMeeting,ifnecessary.7.3.4.Resolutionwillbedocumentedandsignedoff.
8. OpengovImplementationMethodology
EveryOpenGovimplementationwillcontainastructuredmethodologytoproperlyplanandcollaborate.Themethodologyconsistsofthefollowingphases:
PS-07067.3 5
● Initiate● Validate● Configure● Train● Launch
8.1.Initiate8.1.1.OpenGovwillprovidecustomerentityconfiguration.8.1.2.OpenGovwillprovidesystemadministratorscreation.8.1.3.ThisactivityiscompletewhenCustomerhasaccesstotheirsite.8.1.4.Customerwillsign-offonproductaccesstocompletetheInitiatePhaseoftheproject.
8.2.Validate8.2.1.OpenGovwillcreateaSolutionBlueprint.8.2.2.OpenGovwillconfirmtheDataValidationstrategy.8.2.3.ThisactivityiscompletewhentheSolutionBlueprintispresentedtoCustomer.8.2.4.CustomerwillSign-offonInitialDraftSolutionBlueprinttocompletetheValidatePhaseoftheproject.
8.3.Configure8.3.1.OpenGovwillconfigurethedeliverablesoutlinedinExhibit1.8.3.2.ThisactivityiscompletewhenalldeliverablesinExhibit1areconfigured.8.3.3.CustomerwillprovideSign-offthatallconfigurationdeliverableshavebeencompletedandaccepted.OpenGovwillprovidestatusandintermediatecompletionmilestonesastheprojectprogressestofullyconfigured.
8.4.Train8.4.1.Trainingwillbeprovidedininstructor-ledvirtualsessionsunlessotherwisespecifiedinExhibit1.8.4.2.OpenGovwillprovideAdministratortraining.8.4.3.OpenGovwillprovideEndUsertraining(iflistedinExhibit1).8.4.4.CustomerwillSign-offthattraininghasbeencompleted.
8.5.Launch8.5.1.OpenGovwillprovideHyperAdoptsupportpostGo-Livetoensuresuccessfuladoption.8.5.2.CustomerwillSign-offontheHyperAdoptphaseoftheprojectwhichwilltransitiontheprojectfromactivedeploymenttoCustomerSuccess.
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9.CustomerResponsibilities9.1.ThecompletionoftheproposedscopeofworkdependsonthefullcommitmentandparticipationofCustomer’smanagementandpersonnel.TheCustomer’sProjectManagershouldhaveaccesstotheappropriateCustomerSubjectMatterExpertpersonnelneededforthesuccessfulimplementationoftheproject.TheresponsibilitieslistedinthissectionareinadditiontotheresponsibilitiesspecifiedintheAgreementandaretobeprovidedatnochargetoOpenGov. OpenGov'sperformanceispredicateduponthefollowingresponsibilitiesbeingmanagedandfulfilledbyCustomer.Delaysinperformanceoftheseresponsibilitiesmayresultinachangeorderand/ordelayofthecompletionoftheproject.9.2.ProvidetherequireddatatoOpenGovwithinfive(5)daysoftherequestsbeingmadefromtheOpenGovProjectManager.TheCustomerwillberesponsibleforanypotentialchargesfromthirdpartiestoaccessandprovidethedata.9.3.Maintainthesameformatandaccesstodataonanongoingbasis.Anychangestotheunderlyingdataordatasourcemayrequireachangeorderorchargeinthefuture.
10.Customer’sProjectManager10.1.Create,withOpenGov’sassistance,theProjectCharterfortheperformanceofthisSOWwhichwillincludetheactivities,tasks,assignments,milestonesandestimates.10.2.ManageCustomerpersonnelandresponsibilitiesforthisproject(forexample:ensurepersonnelcompleteanyself-pacedtrainingsessions,configuration,validationoruseracceptancetesting).10.3.IdentifyandassignSubjectMatterExperts(SME).10.4.ServeasthecommunicationliaisonbetweenOpenGovandCustomerrepresentativesparticipatingintheproject.10.5.Participateinprojectstatusmeetings.10.6.Obtainandprovideinformation,data,anddecisionswithinten (10)businessdaysofOpenGov’srequestunlessCustomerandOpenGovagreeinwritingtoadifferentresponsetime.10.7.Resolvedeviationsfromtheestimatedschedule.10.8.HelpresolveprojectissuesandescalateissueswithinCustomer’sorganization,asnecessary.10.9.AdministertheChangeOrderProcesswiththeProjectManager,ifapplicable.
11. AcceptanceProcedure11.1. ThecompleteditemsinExhibit1willbesubmittedtotheCustomer’sProjectManager.11.2. Customer’sProjectManagerwillhavedecisionauthoritytoapprove/rejectall PS-07067.3 7
ProjectCriteria,PhaseAcceptanceandEngagementAcceptance.11.3. Withinfive (5)businessdaysofreceipt,theCustomer’sProjectManagerwilleitheraccepttheDeliverableMaterialorprovideOpenGov’sProjectManagerawrittenlistofrequestedrevisions.IfOpenGovreceivesnoresponsefromtheCustomer’sProjectManagerwithinfive(5)businessdays,thentheDeliverableMaterialwillbedeemedaccepted.Theprocesswillrepeatfortherequestedrevisionsuntilacceptance.11.4.AllacceptancemilestonesandassociatedreviewperiodswillbetrackedontheProjectPlan.11.5 Both OpenGov and Customer recognize that failure to complete tasks andrespondtoopenissuesmayhaveanegativeimpactontheProject.11.6. For any tasks not yet complete, OpenGov and/or Customer will providesufficient resources to expedite completion of tasks to prevent negativelyimpactingtheProject.11.7. Excludingdelayscausedbyaforcemajeureevent,ifOpenGovingoodfaithreasonablydeterminesthatCustomer’spersonnelorcontractorsarenotcompletingCustomer’sresponsibilitiesdescribedintheapplicableSOWtimelyoraccurately,OpenGovmayplacetheProfessionalServicesonholdafterprovidingaminimumofsevendayswrittennoticetoCustomer.IfOpenGovplacesaCustomeronhold,OpenGovwillensurethatCustomerismadeawareofitsobligationsnecessaryforOpenGovtocontinueperformingtheProfessionalServicesintheonholdnotice.Uponplacingacustomeronhold,OpenGovmay,withoutpenalty,suspendProfessionalServicestotheCustomerandreallocateresourcesuntiltheCustomerhasfulfilleditsobligations.OpenGovshallbearnoliabilityorotherwiseberesponsiblefordelaysintheprovisionoftheProfessionalServicesoccasionedbyCustomer’sfailuretocompleteCustomer’sresponsibilities.
12.EstimatedSchedule12.1. OpenGov will schedule resources after the signature of the order form isreceived. Unless specifically noted, the OpenGov assigned Project Manager willwork with Customer Project Manager to develop the Project Charter for allrequested deliverables under this SOW. OpenGov reserves the right to adjust theschedule based on the availability of OpenGov resources and/or Customerresources,andthetimelinessofdeliverablesprovidedbytheCustomer.12.2. TheServicesarecurrentlyestimatedtostart withintwo(2)weeksbutnolaterthanfour(4)weeksfromsignaturesonOrderForms.
13.IllustrativeProjectTimelines13.1.TheillustrativetimelinebelowreflectsthemilestonesrequiredtopreparetheOpenGovBudgeting&PlanningsolutionforbudgetentrytrainingforDepartmentUsersinthethird weekofMarch2025.Theintegrationmaynotbeliveintimefor PS-07067.3 8
budgetentry,butdatawillbeabletobeaddedmanuallyuntiltheintegrationislive.TheofficialprojectplananddateswillbeagreeduponbetweenprojectmanagersduringtheInitiatePhaseoftheproject.
14. ChangeOrderProcess14.1.ThisSOWandrelatedeffortsarebasedontheinformationprovidedandgatheredbyOpenGov.Customeracknowledgesthatchangestothescopemayrequireadditionaleffortortime,resultinginadditionalcost.Anychangetoscopemustbeagreedtoinwriting,bybothCustomerandOpenGov,anddocumentedassuchviaaChangeOrder.NoverbalagreementwillbebindingonOpenGovorCustomer.14.2.AChangeOrderisdefinedasworkthatisaddedtoordeletedfromtheoriginalscopeofthisSOW.Dependingonthemagnitudeofthechange,itmayormaynotaltertheoriginalcontractamountorcompletiondate.Changesmightincludebutarenotlimitedto:14.2.1.Timelineforcompletion14.2.2.Signoffprocess14.2.3.Costofchangeand/orinvoicetiming14.2.4.AmendingtheSOWtocorrectanerror14.2.5 Extension of work as the complexity identified exceeds what wasexpectedbyCustomerorOpenGov14.2.6.ChangeintypeofOpenGovresourcestosupporttheSOW14.3.TheapprovalprocessforaChangeOrderisasfollows:14.3.1.IdentificationanddocumentationofaneedformodificationtothescopeoftheprojectasdefinedintheStatementofWorkandanysubsequentchangeorders.14.3.2.AChangeOrderiscreatedandCustomerandOpenGovreview.TheCustomerwillthenprovideSign-off..14.3.3.ChangeOrderisincorporatedintotheStatementofWorkandimplemented.
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Exhibit1:ImplementationActivities
Budgeting&Planning
UseCasesBuiltforBudgetandPlanning:● OperatingBudget● CapitalBudget● WorkforcePlanning● BudgetBookPublication● B&PIntegration● Reporting&Transparency InitiateProvisioning Budget&PlanningOpenGovwill:● ProvisionCustomer’sOpenGoventityandverifyCustomerhasaccesstoallpurchasedmodules.Customerwill:● Confirmaccesstoentityandmodules.CompletionCriteria● Customerverifiesaccesstothesite.
ValidateTechnicalProjectReviewOpenGovwill:● Provideuptoone(1) one-hourworkingsessionsatthebeginningoftheprojectto:o Reviewdeliverableso Reviewtechnicalrequirementso ProvidedocumentationonrequirementsandprocessesOpenGovAssumptions:● Customerwillproviderelevantdatawithinoneweek immediatelyfollowingthekick-offmeeting.Customerwill:● Identifyrelevantparticipantsforattendance.● Confirmdeliverables.●
Gatherandproviderelevantdatafortheproject.CompletionCriteria● Customersign-offontheprojectplan.
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OnsiteDiscoveryandDesignOpenGovwill:● Provideuptoonethree-day(3-day) onsiteatthebeginningoftheprojecttoconductdiscoveryanddesignsessionswiththeCustomer’sAdministratorsandSubjectMatterExperts.AgendawillbeagreeduponbyProjectManagerspriortotheonsiteandmayincludetopicssuchas:o ChartofAccountso
OperatingBudgeto
CapitalBudgeto
WorkforcePlanningCustomerwill:● Identifyrelevantparticipantsforattendance.
ConfigureChartofAccounts(COA)OpenGovwill:● BuildCustomer'sCOAinOpenGovinaccordancewithOpenGovtechnicalrequirements.● ReviewconfiguredCOAanduploadeddataandprovidetrainingtoCustomeronhowto:o Managenewcodeso EditCOAo CreateMasksCustomerwill:● ProvidecurrentCOAandtransactionaldata.● Validate andprovidesignoffon COA.● MaintaintheCOAfollowingconfiguration.CompletionCriteria● Customersign-offthattheChartofAccountshasbeenconfigured.
OperatingBudgetOpenGovwill:●
Configureone(1)Budgetinstanceincluding:o ConfigureanduploadCustomer’sbasebudgetfilesintoOpenGovbudgetinstances.o ConfigureOpenGovBudgetProposalsandWorksheetsforuptofifty(50)Departmentsinthebasebudgetfilebasedontheagreeduponstructure.Customerwill:● Providecurrentbudget.● ValidateBudgetProposalsandWorksheets.● SignoffonBudgetProposalsandWorksheets.CompletionCriteria● Customersign-offthatOperatingBudgetproposalsandworksheetshavebeenconfigured.
WorkforceOpenGovwill:● ConfigurecostelementsbasedonCustomer’sexistingpersonnelforecast documentasperOpenGov’sbestpractices.
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●
Providethecustomerapositionupload templateandguidanceoncompletingthetemplate.Customerwill:● ProvidePositioncalculationsandtables.● PopulatethePositionTemplateanduploadthecompletedtemplateintoOpenGov.● ValidateandprovidesignoffontheWorkforcePlancalculations.● MaintaintheWorkforcePlananddataonceconfigured.CompletionCriteria● Customersign-offthattheWorkforcePlanhasbeenconfigured.
CapitalBudgetOpenGovwill:● Configureone(1)Budgetinstance.● ConfigureanduploadCustomer’sbasebudgetfilesintoOpenGovbudgetinstances.● Configure proposalsandworksheetsforuptofifty(50) CapitalProjectsinthebasebudgetfilebasedontheagreeduponstructure.● ReviewconfiguredOpenGovBudgetandprovidetrainingtoCustomeronhowto:o CreatenewProposalsandWorksheetso ManageBudgetsCustomerwill:● Providecurrentbudget.● ValidateandprovidesignoffonBudgetProposals.CompletionCriteria● Customersign-offthatCapitalBudgetproposalsandworksheetshavebeenconfigured.
ReportingOpenGovwill:● Setuptwo (2)exportandDatasetViewtoenableOpenGovBudgetReportsfortheOperatingBudgetandCapitalBudget.● Configure upthree(3)standardreportsusingthecustomer’sintegratedfinancialdata:o Annualo BudgettoActualso Transactions● Configureuptofour(4) OperatingBudgetReportsusingOpenGovbudgetdata:o Milestoneso Developmento FundBalanceProjectionso Categories*● Configureuptotwo(2)CapitalBudgetReportsusingOpenGovbudgetdata:o Developmento EffectonOperating● ReviewconfiguredOpenGovReportsandprovidetrainingCustomeronhowto:o ExportBudgetDataforuseinOpenGovReports.o CreatenewReportso ManageReports PS-07067.3 12
o ShareReports
*BudgetCategoriesreportisonlyavailabletocustomersusingazero-basedbudget.
Customerwill:●
Validate andprovidesign-offofReports.●
MaintaintheReportsonceconfigured.● MapOpenGovBudgetexporttoCustomerERPimportformat.CompletionCriteria● Customersign-offthatReportshavebeenconfigured.
DashboardOpenGovwill:● Configuredashboardsbasedonone (1)segmentorrollupintheChartofAccountsbasedonthecustomerprovidedtemplate.● ProducethereportingviewsanddashboardbasedontheCustomer’sconfiguration.● ProvideExcelTemplatefortheCustomertocompletefortheconfigurationofdashboards.Customerwill:● ProvideacompletedtemplateforOpenGovtousefortheDashboards.CompletionCriteria● Customersign-offthatDashboardshavebeenconfigured.
OnlineBudgetBookPublicationOpenGovwill:● Basedonbestpractices,buildoutthelookandfeelthefollowing standardOBBtemplates:○ StandardOperatingBudgetBookOBBTemplates■ HomePage■ Generic(multi-use)■ Operating■ Department○ StandardCapitalBudgetBookOBBTemplates■ HomePage■ Generic(multi-use)■ Capital■ CapitalProject● CreateanAnnualOperatingBudgetReportandFTEReportusingtheOpenGovOperatingBudgetdataandCapitalBudgetdata andReportViews.● CreateDepartmentOBBStoryShellsfromOperatingBudgetOBBTemplatesforuptofifty(50)DepartmentsandaddtheOpenGovReportViewstoDepartmentStoryShells.● CreateProjectOBBStoryShellsfromCapitalBudgetOBBTemplatesforuptofifty(50)Projects.● Provideuptoten(10)one-hourworkingsessionstoanswerCustomerquestionsonOBBConfiguration.Customerwill:● ProvidelogoandbrandingcolorstoOpenGov.● ValidateandsignoffonOBBtemplates.
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● Createallotherpagesfromtemplates.● Addcontenttoallstoryshellsandpages.CompletionCriteria● Customersign-offthattheBudgetBookPublicationtemplatesareconfigured.
FinancialIntegrationOpenGovwill:● SetupaSFTPandSampleFileFormat.● Integratethefollowingfunctionalities:o GeneralLedgerActualsandBudget(RevenueandExpenses)● Extract,transform(whenrequired)andloadthedata.● BuildValidationReportsforBudgetandActuals.● ValidatethehistoricaldataandcurrentyeardatabasedontheCustomerprovidedsummaryreport.● Schedulethecurrentyeardataload.● Monitorthedataload.
OpenGovassumptions:● IntegrationisunidirectionalfromtheCustomer’sWorkdayintoOpenGov.● ThedatawillbelinkedtotheCustomer’sCOA.
Customerwill:● ProvideanITresourcetoassisttheprojectteamintheinitialset-up.● Provideassistancetounderstandsourcesystemspecificcustomizationsandconfigurationswhenbuildingthedataextract. ● IfOpenGovisunabletoaccessthedataperrequirements,provide.csvdatafilesviaOpenGovSFTPLocation.● AnychargesforthedatafromtheERPsystemwillbethecustomer'sresponsibility.● BrokerOpenGov’saccesstoCustomer’ssourceaccountingdataif hostedbyanythirdvendor.● Provideasummaryexportdatatovalidateagainst.● Validate andprovidesignoffon theintegrateddataandreports.● Changestotheunderlyingdataafterprojectclosurewillbetheresponsibilityofthecustomertoupdate.● Maintenanceoftheintegrationfileonanongoingbasisistheresponsibilityofthecustomer.CompletionCriteria● Customersign-offthattheIntegrationhasbeenconfigured.
SingleSignOn(SSO)ImplementationOpenGovwill:● OpenGovimplementidentityproviderinitiatedSSOforMicrosoftADFS,MicrosoftAzureAD,andOkta.Customerwill:● CompletetheSSOenablementform.
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●
ProvidetheinformationfromtheidentityprovidedrequiredtoestablishSAMLorHTTPScertification.● AddOpenGovasanewapplicationinCustomer identityprovider.CompletionCriteria● Customersign-offthatSSOhas beenconfigured.
Train
Budgeting &PlanningWorkingSessions
OpenGovwill:● PertheagreeduponProjectPlan,scheduleworkingsessionswithCustomer’ssystemadministratorsto:○ Reviewconfigurations;○ Providetrainingonsystemfunctionality;○ Gainfeedback;and○ Answerquestionsregardingconfiguredsystemfunctionality.Customerwill:● PertheagreeduponProjectPlan,attendworkingsessionsto:○ Understandconfigurations;○ Gaintrainingonsystemfunctionality;○ Givefeedback;and○ AskquestionsregardingconfiguredsystemfunctionalityCompletionCriteria● Budgeting&PlanningWorkingSessionshavebeenconducted.
Reporting&TransparencyAdministratorTraining
OpenGovwill:● ProvidetrainingtoCustomersystemadministratorsonhowto:○ MaintaintheChartofAccounts○ Uploadandmanagedataforreporting○ CreateandshareReports,Dashboards, Stories,andTopics Customerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● Reporting&TransparencyAdministratorTraininghasbeenconducted.
BudgetandWorkforceAdministratorTrainingOpenGovwill:● ProvidetrainingtoCustomersystemadministratorsonhowto:○ CreateandmanageBudgets PS-07067.3 15
○ PreparetosetupNextYear’sBudget○ CreateandmanageWorkforcePlansincludingCostElementsand PositionUploadTemplates○ ExportBudgetDataforuseinOpenGovReports.Customerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● Budget& WorkforceTraininghasbeenconducted.
PublicationTraining
OpenGovwill:● Provideone(1)60-MinuteSystemTrainingdesignedforOBBAdministratorson howto:○ UseandcopyOBBTemplates○ AddReportsViewstoStories○ AddCustomercontentincluding:narrative,images,andexternaldatatoStories○ PublishStories○ UpdateandmaintainStoriesCustomerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● PublicationTraininghasbeenconducted.
End-UserTraining
OpenGovwill:● Providetwo(2),60-Minutetrainingsession(s) toCustomer’sInternalUsersonhowto:○ NavigateOpengovBudgetsandReports○ HowtoenterBudgetdata○ HowtorunandusereportsCustomerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● EndUserTraininghasbeenconducted.
Launch
HyperAdopt
OpenGovwill:● Provideupto eight(8)hoursofworkingsessionstoansweranyquestionsfollowingsolutionacceptance.Customerwill:● Identifyissuesandattendsessions.CompletionCriteria PS-07067.3 16
● Customersign-offthattheprojecthasbeencompleted.
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Exhibit2:TechnicalRequirements
Budgeting&PlanningTechnicalRequirementsChartofAccounts● Flatfile● .csv,.xls,.xlsxwithheaders● ActiveAccountsandAccountswithactivityintheyearsofdatabeingloadedintoOpenGov.
FinancialDataFiles(TransactionalExport)● Flatfile● .csv,.xls,.xlsxwithheaders● 3-5YearsofData FinancialDataFiles(SummaryRevenueandExpenseExport)● PDFexport CurrentBudget● Flatfile● .csv,.xls,.xlsxwithheaders● OperatingBudget PersonnelCalculationsandTables● PDF,Word,csv,.xls,.xlsxwithheaders LogoImage● .jpgor.pngformat● Transparent
BrandingGuidelines● Hexcodes
PS-07067.3 18
City of Rancho Cucamonga, CA - RFP #24/25-009
Delivery and
Implementation for a
Budget System
Procurement Division
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
RFP Due: October 9, 2024
Nick Matthews
Southwest Pod Lead
[email protected]
ATTACHMENT 3
Cheryl Combs
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
RE: DELIVERY AND IMPLEMENTATION FOR A BUDGET SYSTEM
Dear Cheryl,
On behalf of OpenGov, we are thrilled at the opportunity to partner with the City of Rancho Cucamonga, CA by proposing Budgeting & Planning, the industry’s only year-round collaborative budgeting software and workflow software designed to meet the unique needs of public sector planning and analysis. We value your careful consideration in reviewing the project plan letter we have prepared for you.
We understand that the Rancho Cucamonga is looking for a comprehensive solution to promote efficient collaboration across departments, improve budget transparency, and ensure that all stakeholders can access and manage financial data effectively. In response to this, the following plan letter outlines how OpenGov Budgeting & Planning is the most collaborative and complete solution for governments, trusted by hundreds of forward-thinking agencies to plan more effectively and drive engagement with their communities.
OpenGov has helped many municipalities understand how investing in technology can increase productivity for staff, cutting budget development time by 50%, reducing report creation by as much as 80%, and reallocating up to 1-2% of your budget to strategic initiatives. As a true partner, OpenGov also enables municipalities like the City of Rancho Cucamonga to build trust with communities by communicating initiatives and progress clearly with integrated transparency capabilities. OpenGov has a strong presence in the state of California, partnering with governments such as the Santa Barbara, Pasadena, and San Bernardino.
We are on a mission to power more effective and accountable government and seek to produce long-term partnerships with the agencies we serve. Our entire organization is committed to ensuring the success of this engagement with the City of Rancho Cucamonga, and I look forward to meeting with you and your team very soon.
Sincerely,
Nick Matthews, Southwest Pod Lead
[email protected]
(610) 551-5456
________________________
Elise Cole, Chief Legal Officer
660 3rd Street, Suite 100,
San Francisco, CA 94107
Docusign Envelope ID: 0018CE3E-0CC5-4B49-AFB5-703F4AFD1B2A
2 Table of Contents
Cover Letter 1
Table of Contents 2
Executive Summary 3
Experience 8
Third-Party / Subcontractors 10
Staff Biographies 11
Proposal Response 16
Appendix 35
Sample Statement of Work 36
Partner Investment Summary 56
OpenGov’s Master Services Agreement 61
3 Executive Summary
4 OpenGov is proposing OpenGov Budgeting & Planning and Reporting & Transparency for consideration. We look forward to demonstrating how these solutions will enable you to operate efficiently, adapt to change, and strengthen public trust.
OpenGov Budgeting & Planning is the only modern, year-round collaborative budgeting software designed to meet the unique needs of data-driven public sector planning and analysis. Trusted by hundreds of forward-thinking governments, OpenGov Budgeting & Planning is the industry’s most collaborative solution for budget process automation, personnel cost forecasting, performance reporting, strategic planning, and community engagement. OpenGov Budgeting & Planning empowers governments to bring modern efficiencies to their complex planning process and drive community outcomes. Complimenting this best-in-class, year-round budgeting software are flexible Workflow Management solutions that enhance your internal processes saving your team time and power better decision-making and accountability across all departments.
Reporting & Transparency powers the OpenGov Cloud with unparalleled reporting and transparency capabilities to drive faster, more effective decisions, and understand the public response.
OpenGov was founded on the principle that better transparency and civic service are paramount to the future of state and local government. Reporting & Transparency provides a seamless
5 connection between back-office capabilities and industry-leading communication tools, transforming civic engagement and empowering data-based decision-making.
Operate Efficiently
Public sector organizations are constantly under pressure to achieve efficiency gains. OpenGov offers transformative solutions for budgeting, financial management, permitting and licensing, asset management, and procurement with the
industry’s best reporting and transparency capabilities -- allowing customers to save thousands of hours on their
processes.
T R U S T E D B Y L E A D I N G
G O V E R N M E N T S
City of Minneapolis, MN
City of Lubbock, TX
Adapt to Change
Modern, high-performance governments build scalable, flexible infrastructure and processes that equip them to adapt to these changes and create a sustainable organization that can
withstand shifting internal and external priorities, maintain continuity through political changes, and perform well through workforce changes. Modern cloud architecture ensures all of your users have access to the latest features and upgrades while reducing your IT burden, minimizing your cost footprint, and breaking down system and data silos. Thanks to world- class professional services and a roadmap driven by customer feedback, you future-proof your investment for the next generation.
City of East Providence, RI
City of East Providence, RI
City of Edgewood, KY
6 Strengthen Public Trust
The key to public trust in government relies on the level of proactive communication and quality service provided — which today requires modern digital experiences to meet
expectations. Thousands of governments nationwide partner with OpenGov to drive more effective and accountable
operations through cloud solutions. Built exclusively for state and local government, OpenGov’s software, services, and expertise are backed by over 500 years of employee
experience in the public sector.
City of Tucson, AZ
City of Glenn Heights, TX
City of Florissant, MO
In a post-pandemic world, the benefits of modern cloud software (aka: “Software as a Service”) are crucial in helping governments address the challenges of remote work, digital services, and managing uncertainty. Cloud software helps you future-proof your investment while focusing on your community.
OPERATE EFFICIENTLY
Modern government work is collaborative.
Intuitive software empowers all users for
success.
IMPROVE RESIDENT EXPERIENCE
Digital services map to the expectations of
community members and improve
satisfaction.
STRENGTHEN PUBLIC TRUST
Better decisions and alignment come from
common, shared, accurate information
ADAPT TO CHANGE
Leaders have confidence in the face of
uncertainty that their processes are secure
and sustainable.
7 Most software providers in the market are packaging up legacy software as “cloud” because it’s delivered over a network. Same software, different packaging. These aren’t designed for 21st- century government. Modern government cloud software has these characteristics:
• Anywhere, Any Device - Nothing to install - only a browser required • Intuitive User Interfaces - Eliminate the nuances and complexities that only “power users” can understand
• Fast and Configurable - Get up and running quickly, providing value when you need it • Cloud-First - Focused on one great experience, not managing different versions of software • Continuous Enhancement - Rapid innovation driven by customer feedback • World-Class Security and Infrastructure - Built on leading cloud infrastructure from AWS and SOC2 (Type 2) Certified (more info on the AICPA’s SOC2 control framework here) • 100% Hassle-Free - Always up-to-date with no effort from your government. • Future-Proof - Most software providers will have to re-architect for the cloud – a huge disruption you can avoid
“Any user, whether it’s a Council member, a member of the public, or staff in departments, can go into the budget data and answer their own questions,”
Jennifer Tell, Budget Manager
City of Alameda, CA
8 Experience
9 At OpenGov, we are dedicated to providing innovative, cloud-based solutions for government budgeting, planning, and financial management, purpose-built to address the unique needs of public agencies. Since our founding on December 29, 2011, we’ve partnered with over 2,000 government organizations, helping them streamline their budgeting processes, improve collaboration, and make data-driven decisions. Our Budgeting & Planning (B&P) suite is designed to empower public sector leaders like you, giving you the tools to plan effectively, manage resources wisely, and drive accountability across your organization.
As a private corporation, OpenGov was born from a desire to modernize outdated, cumbersome systems that were holding governments back. Our founders saw firsthand how limited technology impacted public service and knew there had to be a better way. That’s why we built OpenGov as a complete, cloud-based solution for today’s complex government needs. We’re not just software providers—we’re partners in your mission to serve your community better.
What sets us apart is our team. With over 500 years of combined public sector experience, our team members bring deep expertise from roles in government finance, budgeting, procurement, and administration. Many of us have walked in your shoes, so we understand the challenges you face daily. This firsthand experience shapes both our product development and the high-quality support we provide, ensuring that our tools and services are always aligned with real-world government needs.
Our commitment to excellence has earned us recognition on the GovTech 100 list for eight consecutive years, and we’ve recently been named a 2023 Top Workplace USA. We also hire some of the best talent in the field, with backgrounds in both government and technology. Our award- winning Customer Support Team, which has received six Stevie® Awards, including the People’s Choice award for outstanding customer service, is dedicated to supporting you at every step—from evaluation and implementation to ongoing training and support.
Currently, OpenGov has no pending litigation that could impact our ability to deliver or maintain our solutions, so you can rest assured that we’re here for the long haul. When you choose OpenGov, you’re choosing a partner committed to helping you achieve your goals with tools that drive efficiency, transparency, and accountability. Let’s work together to empower your team, transform your budgeting and planning processes, and make a real impact on your community.
10 Third-Party / Subcontractors
Not applicable -- OpenGov does not intend to subcontract on this project.
11 Staff Biographies
12 Shirali Shah
Position with the Company: Lead, Data Solutions
Length of Time with the Company: August 2023 - Present; Sr Data Solutions Engineer (January 2022 - July 2023); Integration Engineer, Customer Success (August 2018 – December 2021) Licenses, Registrations, Certifications: N/A
Educational Background:
Master of Science in Information Technology/Systems, California State University, Los Angeles Bachelor of Engineering in Computer Engineering, Gujarat Technological University Role in the Project: Leading data solution strategies, implementing data governance, and cross- team collaboration for data solution requirements.
Experience with Minimum Requirements: Shirali has significant experience in data integration, troubleshooting, and scalable database management, aligned with the project's technical requirements and scope.
Work History on Similar Projects:
Worked as an Integration Specialist and Engineer in multiple roles at OpenGov and Flexon Technologies Inc., focusing on customer success through data solutions.
Experience as a Data/Web Analyst at California State University, where predictive modeling and data visualization were key components, aligns well with the project’s analytical needs.
13 Amber Griffith, CPA
Position with the Company: Solutions Architect
Length of Time with the Company: August 2021 - Present; previously, Chief Budget Officer, Escambia County, FL (August 2020 - August 2021)
Licenses, Registrations, Certifications:
Certified Public Accountant (CPA), State of Florida
Educational Background:
Master of Accountancy, University of West Florida
Bachelor of Science in Business Administration in Professional Accountancy, University of West Florida
Role in the Project: Developing customer-focused solutions, establishing best practices, and aligning solution designs with customer requirements.
Experience with Minimum Requirements: Extensive experience as a financial leader, overseeing budget implementation and compliance. Proven history with budgetary and financial reporting solutions.
Work History on Similar Projects:
Chief Financial Officer for Studer Entertainment & Retail, overseeing multi-entity finance and leading significant projects such as capital planning and software implementations for budget efficiencies.
As Senior Accountant at the City of Pensacola, managed budgetary compliance, financial auditing, and capital asset accounting.
14 Roberto Ruiz Jr.
Position with the Company: Implementation Consultant, Expert Services Length of Time with the Company: July 2023 - Present; previous roles include Associate Manager and Lead Implementation Consultant (August 2022 - July 2023) Licenses, Registrations, Certifications: N/A
Educational Background:
Bachelor of Business Administration, International Business Management, Texas A&M University- Kingsville
Exchange program in Business Administration, Universidad de Viña del Mar Role in the Project: Responsible for end-to-end project implementations, training, and customer requirements gathering to optimize workflows.
Experience with Minimum Requirements: Roberto’s extensive experience in budget analysis, along with his role in implementing CAPPS, aligns with the project’s requirements for technical and budgetary expertise.
Work History on Similar Projects:
Senior Budget Analyst at the Teacher Retirement System of Texas, where he handled large-scale data migration and standardization processes.
Budget Analyst roles across multiple Texas state agencies, managing budget processes, analyzing state and federal grant budgets, and working on legislative fiscal impacts.
15 Angelica C. Au
Position with the Company: Sr. Project Manager, Professional Service Length of Time with the Company: January 2023 - Present; previously Project Manager, Professional Service (April 2021 - December 2022)
Licenses, Registrations, Certifications:
Technical Project Management Certification, UC Irvine
Professional Scrum Master (PSM), Scrum.org
Certified Change Management Practitioner, Prosci
Educational Background:
Bachelor of Arts in Philosophy, University of California, San Diego Role in the Project: Leading multi-suite project portfolios and cross-functional team collaborations, specifically within the Budgeting & Planning suite.
Experience with Minimum Requirements: Extensive project management experience, with a focus on cloud-based solutions in the government sector.
Work History on Similar Projects:
Project Manager roles at Sutter Health and Kaiser Permanente, where she led data analytics, Lean process improvement, and finance project support.
Senior Decision Support Analyst, focusing on financial and operational data analysis for large healthcare systems.
16 Proposal Response
17 IMPLEMENTATION AND TIMELINE
The system must offer an out-of-the-box configuration, with a project implementation period of approximately 2-3 months.
OpenGov will schedule resources after the signature of the order form is received. Unless specifically noted, the OpenGov assigned Project Manager will work with Customer Project Manager to develop the Project Charter for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.
The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures on Order Forms.
More information on project implementation can be found in the sample Statement of Work (SOW) included at the end of the response document.
Administrator/super-user staff must be trained by November 2024.
As outlined in the sample Statement of Work (SOW) included at the end of this response document, OpenGov plans to work with the City to develop a plan to begin training all system administrators in November 2024.
Do note that the typical project timelines included in the SOW are for illustrative purposes only.
The order of delivery and training of the suite(s) will be determined during the project planning activities in the Initiate Phase.
18 All department staff must be trained to use the system, including data entry, by December 2024.
Based on a preliminary scope of services, OpenGov plans to begin end-user training by the start of the new year.
Do note that the typical project timelines included in the SOW are for illustrative purposes only.
The order of delivery and training of the suite(s) will be determined during the project planning activities in the Initiate Phase.
INTEGRATION WITH EXISTING SYSTEMS
The system must integrate seamlessly with Workday ERP for the conversion of actuals data.
OpenGov has deployed a number of successful integrations with Workday to bring over actuals data.
OpenGov’s standard (and recommended) integration approach streamlines updating reports and visualizations using data from the City's systems with a lightweight, self-service, and automated web services solution that replaces manual uploads with automated sFTP transfers.
• Saves Time: Automating data transfers eliminates the need for manual uploads.
19 • Improves Data Quality and Upload Performance: Integrations keep your data synchronized and conflict-free while improving speed and scalability. • Proven Success: OpenGov has roughly a decade of experience integrating with complex financial data and different Chart of Accounts structures.
During the implementation project, our team will set up this automated interface using the data files provided by the City to capture the financial (and HRIS) information in Budgeting & Planning.
USER FRIENDLY INTERFACE
The system should be user-friendly, enabling line-level department staff to efficiently make budget entries, itemize line items, provide justifications, and access budget information.
We’ve crafted the Budgeting & Planning suite to be exceptionally user-friendly, ensuring that everyone involved—from department staff to city executives—can efficiently and confidently handle their budgeting tasks. The intuitive, clean interface guides users seamlessly through the entire process, making it easy to enter data, itemize line items, and add detailed justifications without extensive training. This usability allows staff to focus on the substance of their budget entries, rather than struggling with a complex system, so they can provide the insights and detail needed for leadership to make informed decisions. Each line item can be enriched with descriptions and supporting documentation, giving a full picture that’s readily accessible during reviews.
OpenGov Budgeting & Planning is also built for collaboration. Real-time updates and in-tool chat allow users to communicate directly within the platform, making it easy to leave comments, ask questions, and provide instant feedback. This promotes efficient teamwork and faster decision- making, as everyone is always working with the latest information. With its mobile-responsive design, Budgeting & Planning enables users to access the platform from any device, providing the flexibility to keep work moving, whether on-site, in a meeting, or on the go.
OpenGov supports line-item details and the option to provid justification.
20 CUSTOMIZABLE LINE-ITEM PRESENTATION
The system must allow for a clear presentation of line-item budget requests and details, customizable for review by Executive Management and the Leadership Team.
The system should provide the ability to include detailed notes and supporting information, while also allowing Executive Management to control which details are displayed in high-level summaries, ensuring that only the most relevant information is shown.
At OpenGov, we’re committed to helping you present clear, impactful budgets that align with your City’s strategic vision. Our Budgeting & Planning suite offers highly customizable tools that allow you to tailor line-item budget requests to match your City’s chart of accounts precisely. With the flexibility to adjust each line item and add itemizations as needed, you can highlight the details that matter while rolling up information into high-level summaries specifically designed for Executive Management and the Leadership Team. Our suite also enables you to attach detailed notes and supporting documentation at the line-item, sub-account, and proposal levels, so every request is backed by context and easy access to relevant documents—all in one place.
When it comes to high-level reviews, OpenGov Budgeting & Planning gives you full control over the information that’s presented. You can choose which details to include in summary views, ensuring that only the most relevant data is shown. This customization allows you to focus on key metrics and top-line figures during presentations, while still having the option to drill down into specifics as needed, so you’re always prepared to answer detailed questions or provide additional insights.
Collaboration is seamless within the OpenGov platform. Our in-tool chat feature supports real-time communication, enabling team members to leave comments, track changes, and add context throughout the budgeting process. You’ll even be able to see when colleagues are logged in, making it easy to work together on proposals in real-time. And with the Activity Log, every update is date and time-stamped, providing a transparent record of changes and ensuring accountability.
21 RECORD KEEPING AND JUSTIFICATIONS
The system must maintain a record of budget requests, item details, and comments/justifications provided by staff, allowing users to refer to these records after the budget is adopted.
OpenGov allows for multiple areas of comments and collaboration among users, from sub-account level descriptions and details to line item and account level commentary, to proposal level commentary. OpenGov also allows for supporting documentation to be uploaded and tied to proposals to aid during the review process and provide backup for budget requests.
OpenGov also has a unique in-tool chat feature that allows comments and notes to be made during budget development between appropriate users. This will not just help in review, but also future years so that users can always access previous versions of the budget and related commentary and justifications.
OpenGov also allows you to see if other people are in the system at the same time in case you’d like to work with them directly on a single proposal, streamline the budget development, and aid in strategic decision-making.
APPROVAL WORKFLOW
The system should include a workflow that facilitates an approval process across department staff, department management, finance staff, and executive management.
The system is designed to facilitate a multi-step approval process across different levels of an organization. OpenGov can generate milestones and tasks that can be assigned to individuals or department-wide.
22 USER ACCESS MANAGEMENT
User access features should be configurable, allowing staff to view only the information assigned to them. Ideally, this feature will be managed by the Finance or IT department.
OpenGov allows for role-based access control. Administrators can provision users and manage their access to resources like reports or budget items. User permissions can be configured for accessing budget proposals, reports, dashboards, etc. for edit and read-only access to appropriate user roles or groups. This means staff can only view the information assigned to them.
These permissions are customizable by administrative users, which could be managed by the Finance or IT department.
DOCUMENTATION AND TRAINING
The system must include comprehensive user guides and documented training materials.
OpenGov provides comprehensive user guides and documented training materials. These resources are available in the online Help Center, which contains hundreds of self-help articles, video tutorials, and guided walkthroughs that are accessible 24/7. Additional training material and how-to guides can be found at OpenGov University. These resources are designed to help users become power users of the software, easily adopt new features, and ensure that best practices are followed when business processes are enhanced with OpenGov's technology solutions.
PERSONNEL FORECASTING
A personnel forecasting module should be included, capable of projecting direct costs for both full-time and part-time staff.
The Workforce Planning solution is included with OpenGov Budgeting & Planning. The current employee roster can be uploaded from Excel or an HCM system to perform all workforce planning in one place. With OpenGov, you can centrally change personnel cost drivers, then distribute changes to all positions automatically. You will see authorized positions list and the total costs in one place, all while supporting unlimited scenarios that won't affect your employee data for deeper
23 analysis and improved forecasting. Once all the information is added to the request, it is run through the same Cost Element calculation as the Workforce Plan attached to the Budget and generates a Projected Total Cost for the year. Any costs calculated in Position Requests are added to the worksheet as a separate and non-adjustable column next to the line-item adjustment column and totaled at the top of the worksheet. You can also see the impact of positions on the Proposal Summary as a separate line item impacting the proposed expenses of the Proposal and the Budget for all submitted Proposals.
Users can track detailed information about positions in OpenGov, including transfer of positions between cost centers and funds. OpenGov allows you to report on details of each position beneath the account line level, including retirement costs and other benefits for each position. Below is an example of a Workforce Report:
24 Users can add any amount of descriptive information about each position, including but not limited to full-time, part time, hourly, temporary, volunteer, seasonal, grant workers, and inactive personnel (for example: military). These descriptors can also drive the calculations that power the personnel forecast and therefore associated costs for each.
25 CAPITAL BUDGETING
The system should provide functionality for capital budgeting and projections for up to 10 years.
Budgeting & Planning supports an unlimited number of budgets including operating, capital, and personnel (for up to 36 years). The unlimited number of budgets allows OpenGov users to run unlimited scenarios and what-if analyses throughout the budget development process, capturing key information like revenue and expense data. Budget reports in OpenGov allow users to evaluate ‘big picture’ trends, perform multi-year analysis, and communicate budget plans by visualizing expenses, revenues, or both concurrently. Data can be broken down by Fund, Department, Activity, Revenue/Expense Type, or any field in the Chart of Accounts or dataset. This allows for analysis across multiple funds, all the way down to a single object in your Chart of Accounts.
The Budgeting & Planning suite includes the Capital Planning solution which provides a flexible, configurable capital budget request form that can be fitted to your organization’s specific needs.
Send out capital budget request forms online through OpenGov and schedule notifications to automatically ping staff members to complete their forms without needing to send individual notes. Store all capital budget requests in a central, transparent repository to which everyone in the organization can see the progress and status of their proposal to reduce unnecessary questions and check-ins.
The screenshot below shows a capital budget proposal for a bridge replacement project. Users can provide the full context, analysis, and justification for the project alongside the expenses and budgetary implications.
26 INTERACTIVE REPORTING
The system must offer interactive report configurations, including charts, graphs, and drill-down options for detailed budget analysis.
OpenGov’s Reporting & Transparency capability was built with a data-first mindset and features dashboards, analysis, transparency, performance measures, and community feedback. With unparalleled reporting and transparency capabilities, the City can make more effective decisions and understand the public response. OpenGov will allow you to not only publish budget data and financial information via interactive reports but our solution will also allow you to build out and make public a narrative web page experience to contextualize and enhance budget data with features such as editorial content, images, social sharing, and external links. This requires no technical skills and administrators can customize the look and feel of their OpenGov portal through template pages and areas to inject your branding (i.e. seal, color palette, etc.).
OpenGov allows you to create a variety of visualization types, including pie, bar, stacked, line, or percentage graphs. Below, the City of Cupertino visualizes their historical budgets vs actuals over the prior year. A public user can click into any of the highlighted areas on the graph for more information on the underlying data set.
27 Annual Reports allow users to evaluate ‘big picture’ trends, perform multi-year analysis, and communicate budget plans by visualizing expenses, revenues, or both concurrently. Data can be broken down by Fund, Department, Activity, Revenue/Expense Type, or any field in a customer's Chart of Accounts or dataset. This allows for analysis across multiple funds, all the way down to a single object in your Chart of Accounts.
The City of Santa Barbara's Annual Report
28 The City can choose how far down the public can drill into data, however, OpenGov always provides the option for a tabular view of data, in addition to a chart/graph view.
Once your data is displayed on OpenGov, a member of the public will be able to download all charts, tables, and graphs displayed through the OpenGov portal in .csv, .png, or .pdf formats. Raw data can be downloaded in .csv format and is compatible with nearly all data analysis programs, including Microsoft Excel.
VIRTUAL BUDGET BOOK
The system should offer a virtual budget book option that can present the City's budget data in a clear and accessible format for both internal and external stakeholders.
OpenGov’s Online Budget Book solution, which is powered by our Reporting & Transparency capability, will enable the City to establish a framework for building the budget and subsequently publish a fully interactive, ADA-compliant, easily digestible budget book that makes future publications vastly more repeatable, and less time-consuming. Online Budget Book will create a powerful online workspace that empowers users to collaborate, edit, and publish the budget book without conflicting versions, tedious manual updates, or recreating graphs and tables. Externally, the Budget Book will give the City's residents a better understanding of how dollars are impacting the community. Many customers choose to publish a Budget-in-Brief, in addition to their Online Budget Book, in order to provide a clear overview and explanation of high-level trends.
• Focus on strategy, not clerical work: Enhance your written narrative and better communicate strategic goals, organizational priorities, and decision-making processes. Reallocate time spent on manual data updates to meaningful discussions and explanations of policy, trade offs, and resources.
• Build a sustainable and repeatable process: Build your online or printed budget book leveraging templates designed with GFOA best-practices in mind. Empower your entire team to iterate and collaborate on one definitive document that evolves over time, instead of maintaining multiple versions for multiple departments and manually merging changes. See the latest edits, track revision history, and restore some or all of the older versions quickly and easily.
29 • Create a single source of budget truth: Eliminate the headache of multiple conflicting versions and establish an authoritative destination for your most important policy document. • Improve outcomes with one integrated solution: Your job doesn’t end when the budget is published, so year-round budgeting, planning, reporting, and transparency - all part of the OpenGov Budgeting and Planning suite - are there to help you throughout the year. OpenGov helps you operate to the budget with advanced reporting and operational performance while leveraging comprehensive transparency to engage your community.
OpenGov provides a variety of different lay-outs, graphs, colors, and more to personalize the budget book to the City, and users will add or remove sections and pages when developing the budget book, as shown in the screenshots below.
Budget Books created in our product can easily be exported as PDF documents. We have had dozens of customers create GFOA award-winning budget books using our Budgeting & Planning Software. Below are a few examples of the budget book created in OpenGov’s application.
30
31
32
33
34 CLOUD HOSTING
The system must be cloud-hosted to ensure scalability, security, and accessibility for all users.
OpenGov Budgeting & Planning is 100% cloud-based. While traditional software is installed on- premise and places a heavy burden on customers to maintain and update, OpenGov's multi-tenant architecture means that customers benefit from software releases and continued updates at no level of effort from our customers.
OpenGov's cloud-hosting provider is AWS.
ONGOING SUPPORT AND IMPROVEMENT
The vendor must provide ongoing support for feature requests and system improvements post- implementation.
During implementation, system administrator(s) will receive many opportunities for knowledge transfer via working sessions and personalized training sessions. Post implementation, support resources are available 24/7 via our online Help Center to all registered users. Direct Support engagement is available via phone, chat, web, and email Monday through Friday from 4:00 am - 7:00 pm PT, except for OpenGov holidays.
35 Appendix
36 Sample Statement of Work
SAMPLE
SampleStatementofWorkCityofRanchoCucamonga,CA
CreationDate:10/7/2024SoWExpirationDate:1/7/2025DocumentNumber:PS-07067.1Createdby:SidneyBarnes PS-07067.1 1
SAMPLE
TableofContentsOpenGovSampleStatementofWork 31.ProjectScope 32.AdjustmentstotheProjectScope,EstimatedSchedule,ChargesandotherTerms 33.ProjectDelivery 34.ProjectUnderstanding 45.OpenGovResponsibilities 46.ProjectTrackingandReporting 47.CommunicationandEscalationProcedure 58.OpengovImplementationMethodology 68.1.Initiate 68.2.Validate 68.3.Configure 68.5.Launch 79.CustomerResponsibilities 710.Customer’sProjectManager 711. AcceptanceProcedure 812.EstimatedSchedule 913.IllustrativeProjectTimelines 914. ChangeOrderProcess 9Signatures 10Exhibit1:ImplementationActivities 11Budgeting&Planning 11Initiate 11Validate 11Configure 12Train 16Launch 18Exhibit2:TechnicalRequirements 19Budgeting&PlanningTechnicalRequirements 19 PS-07067.1 2
SAMPLE
OpenGovSampleStatementofWork
ThisStatementofWork(“SOW”)isforsamplepurposesonlyandisreflectiveofOpenGov’sbestpracticesandbaselineestimationforProfessionalServices.Followingdown-selection,OpenGovandtheCityofRanchoCucamonga,CA("Customer")willreviewthissampleSOWanddeterminewhetheradjustmentstodeliverablesarerequiredtobestmeettheCustomer'sneeds.ThefinalSOWwillidentifyservicesthatOpenGovwillperformfortheCustomerpursuanttotheorderforOpenGovProfessionalServices.ThefinalSOWmaynotbemodifiedoramendedexceptinawrittenagreementsignedbyadulyauthorizedrepresentativeofeachparty.Anyservicesorsupportnotdetailedbelowwillbeconsideredoutofscope.
1. ProjectScopeUnderthisproject,OpenGovwilldelivercloudbasedsolutions(detailedlistin“Exhibit1”).OpenGov'sestimatedchargesandschedulearebasedonperformanceoftheactivitieslistedinthe“OpenGovResponsibilities”sectionbelow. DeviationsthatariseduringtheprojectwillbemanagedthroughtheproceduredescribedinSection14.
2. AdjustmentstotheProjectScope,EstimatedSchedule,ChargesandotherTermsAdjustmentstothedeliverablesinExhibit1 mayincludechargesonatime-and-materialsorfixed-feebasisusingOpenGov’sstandardrates.
3. ProjectDelivery3.1. OpenGovwillperformtheworkunderthisSOWremotelyunlessexplicitlyidentifiedbelow.3.1.1.OpenGovwill provideone(1)onsitetripforproject-relatedactivitywhichOpenGovdetermineswouldbebestperformedattheCustomer’sfacility.Customer’sfacilitymustcontainaconferenceroomtoaccommodatethenumberofattendees,non-publicwificonnection,andAVequipmentforprojectingOpenGovsoftwareonascreenvisibletoallparticipants.3.1.2.TheCustomerisresponsibleforpayingtravelexpensesasincurredonaquarterlybasis.Itisestimatedthatthetravelexpenseswillnotexceed$4,800.Writtenapprovalisrequiredforanyexpensesabovetheestimate.3.2. OpenGovwillusepersonnelandresourceslocatedacrosstheUnitedStates,andmayalsoincludeOpenGov-trained implementationpartnerstosupportthedeliveryofservices.
PS-07067.1 3
SAMPLE
4. ProjectUnderstanding4.1.DeviationsthatariseduringtheproposedprojectwillbemanagedthroughtheChangeOrderProcess (asdefinedinSection14),andmayresultinadjustmentstotheProjectScope,EstimatedSchedule,Charges,and/orotherterms.4.2.TheOpenGovSuitesarenotcustomizedbeyondcurrentcapacitiesbasedonthelatestreleaseofthesoftware.ImplementationofanycustommodificationorintegrationdevelopedbyOpenGov;Customerinternalstaff; oranythird-partyisnotincludedinthescopeofthisprojectunlessspecificallylistedinExhibit1.4.3.Customerisresponsibleforprovidingappropriatetimeandresourcestotheprojecttomeetdeliverablesasoutlinedintheprojectplan.4.4.Dataconversionservicesfromothersoftwaresystem(s)orsourcesarenotincludedinthescopeofthisprojectunlessspecificallylistedinExhibit1.
5. OpenGovResponsibilities5.1.OpenGovwillprovideprojectmanagementfortheOpenGovresponsibilitiesinthisSOW. ThisprovidesdirectiontoOpenGovprojectpersonnelandasharedframeworkforprojectplanning,communications,reporting,proceduralandcontractualactivity.5.2.OpenGovwillreviewtheProjectPlanwithCustomer’sProjectManagerandkeystakeholderstoensurealignmentonagreedupontimelines.5.3.OpenGovwillmaintainprojectcommunicationsthroughCustomer’sProjectManager.5.4.OpenGovwillestablishdocumentationandproceduralstandardsfordeliverablematerials.5.5.OpenGovwillassistCustomer’sProjectManagertoprepareandmaintaintheProjectPlanfortheperformanceofthisSOWwhichwillincludetheactivities,tasks,assignments,andprojectmilestonesidentifiedinExhibit1.
6. ProjectTrackingandReporting6.1.OpenGovwillreviewprojecttasks,schedules,andresourcesandmakechangesoradditions,asappropriate. OpenGovwillmeasureandevaluateprogressagainsttheProjectPlanwithCustomer'sProjectManager.6.2.OpenGovwillworkwithCustomer’sProjectManagertoaddressandresolvedeviationsfromtheProjectPlan.6.3.OpenGovwillconductregularlyscheduledprojectstatusmeetings.6.4.OpenGovwilladministertheChangeOrderProcesswiththeCustomer'sProjectManager.6.5.DeliverableMaterials:6.5.1.Weeklystatusreports PS-07067.1 4
SAMPLE
6.5.2.ProjectPlan6.5.3.ProjectCharter,definingprojectplanandGo-livedate6.5.4.Risk,Action,IssuesandDecisionsRegister(RAID)
6.6.DeliverableSign-Off:OpenGovrequestsSign-Offs atvariousdeliverablesduringtheimplementationoftheproject. OncetheCustomerhassigned-offonadeliverable,anyadditionalchangesrequestedbyCustomeronthatdeliverablewillrequireapaidchangeorderforadditionalhoursforOpenGovtocompletetherequestedchanges.
7. CommunicationandEscalationProcedure7.1.Activeengagementthroughouttheimplementationprocessisthefoundationofasuccessfuldeployment.Tohelpassessprogress,addressquestions,andminimizeriskduringthecourseofdeployment,bothpartiesagreetothefollowing:7.1.1. RegularcommunicationalignedtotheagreeduponProjectPlanandtiming.7.1.2.OpenGovexpectsourcustomerstoraisequestionsorconcernsassoonastheyarise.OpenGovwilldothesame,inordertobeabletoaddressitemswhenknown.7.2.Executiveinvolvement7.2.1.Executivesmaybecalledupontoclarifyexpectationsand/orresolveconfusion.7.2.2.Executivesmaybeneededtosteerstrategicitemstomaximizethevaluethroughthedeployment.7.3.EscalationProcess7.3.1. Identificationofanissueimpedingdeploymentprogresor,outcome,thatisnotacceptable.7.3.2.CustomerorOpenGovProjectManagersummarizestheproblemstatementandimpasse.7.3.3.CustomerandOpenGovProjectManagersjointlyoutlinesolutionacceptanceandOpenGovProjectManagerwillscheduleanExecutiveReviewMeeting,ifnecessary.7.3.4.Resolutionwillbedocumentedandsignedoff.
PS-07067.1 5
SAMPLE
8. OpengovImplementationMethodology
EveryOpenGovimplementationwillcontainastructuredmethodologytoproperlyplanandcollaborate.Themethodologyconsistsofthefollowingphases:● Initiate● Validate● Configure● Train● Launch
8.1.Initiate8.1.1.OpenGovwillprovidecustomerentityconfiguration.8.1.2.OpenGovwillprovidesystemadministratorscreation.8.1.3.ThisactivityiscompletewhenCustomerhasaccesstotheirsite.8.1.4.Customerwillsign-offonproductaccesstocompletetheInitiatePhaseoftheproject.
8.2.Validate8.2.1.OpenGovwillcreateaSolutionBlueprint.8.2.2.OpenGovwillconfirmtheDataValidationstrategy.8.2.3.ThisactivityiscompletewhentheSolutionBlueprintispresentedtoCustomer.8.2.4.CustomerwillSign-offonInitialDraftSolutionBlueprinttocompletetheValidatePhaseoftheproject.
8.3.Configure8.3.1.OpenGovwillconfigurethedeliverablesoutlinedinExhibit1.8.3.2.ThisactivityiscompletewhenalldeliverablesinExhibit1areconfigured.8.3.3.CustomerwillprovideSign-offthatallconfigurationdeliverableshavebeencompletedandaccepted.OpenGovwillprovidestatusandintermediatecompletionmilestonesastheprojectprogressestofullyconfigured.
8.4.Train
PS-07067.1 6
SAMPLE
8.4.1.Trainingwillbeprovidedininstructor-ledvirtualsessionsunlessotherwisespecifiedinExhibit1.8.4.2.OpenGovwillprovideAdministratortraining.8.4.3.OpenGovwillprovideEndUsertraining(iflistedinExhibit1).8.4.4.CustomerwillSign-offthattraininghasbeencompleted.
8.5.Launch8.5.1.OpenGovwillprovideHyperAdoptsupportpostGo-Livetoensuresuccessfuladoption.8.5.2.CustomerwillSign-offontheHyperAdoptphaseoftheprojectwhichwilltransitiontheprojectfromactivedeploymenttoCustomerSuccess.
9.CustomerResponsibilities9.1.ThecompletionoftheproposedscopeofworkdependsonthefullcommitmentandparticipationofCustomer’smanagementandpersonnel.TheCustomer’sProjectManagershouldhaveaccesstotheappropriateCustomerSubjectMatterExpertpersonnelneededforthesuccessfulimplementationoftheproject.TheresponsibilitieslistedinthissectionareinadditiontotheresponsibilitiesspecifiedintheAgreementandaretobeprovidedatnochargetoOpenGov. OpenGov'sperformanceispredicateduponthefollowingresponsibilitiesbeingmanagedandfulfilledbyCustomer.Delaysinperformanceoftheseresponsibilitiesmayresultinachangeorderand/ordelayofthecompletionoftheproject.9.2.ProvidetherequireddatatoOpenGovwithinfive(5)daysoftherequestsbeingmadefromtheOpenGovProjectManager.TheCustomerwillberesponsibleforanypotentialchargesfromthirdpartiestoaccessandprovidethedata.9.3.Maintainthesameformatandaccesstodataonanongoingbasis.Anychangestotheunderlyingdataordatasourcemayrequireachangeorderorchargeinthefuture.
10.Customer’sProjectManager10.1.Create,withOpenGov’sassistance,theProjectCharterfortheperformanceofthisSOWwhichwillincludetheactivities,tasks,assignments,milestonesandestimates.10.2.ManageCustomerpersonnelandresponsibilitiesforthisproject(forexample:ensurepersonnelcompleteanyself-pacedtrainingsessions,configuration,validationoruseracceptancetesting).10.3.IdentifyandassignSubjectMatterExperts(SME).10.4.ServeasthecommunicationliaisonbetweenOpenGovandCustomerrepresentativesparticipatingintheproject.10.5.Participateinprojectstatusmeetings.
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10.6.Obtainandprovideinformation,data,anddecisionswithinten (10)businessdaysofOpenGov’srequestunlessCustomerandOpenGovagreeinwritingtoadifferentresponsetime.10.7.Resolvedeviationsfromtheestimatedschedule.10.8.HelpresolveprojectissuesandescalateissueswithinCustomer’sorganization,asnecessary.10.9.AdministertheChangeOrderProcesswiththeProjectManager,ifapplicable.
11. AcceptanceProcedure11.1. ThecompleteditemsinExhibit1willbesubmittedtotheCustomer’sProjectManager.11.2. Customer’sProjectManagerwillhavedecisionauthoritytoapprove/rejectallProjectCriteria,PhaseAcceptanceandEngagementAcceptance.11.3. Withinfive (5)businessdaysofreceipt,theCustomer’sProjectManagerwilleitheraccepttheDeliverableMaterialorprovideOpenGov’sProjectManagerawrittenlistofrequestedrevisions.IfOpenGovreceivesnoresponsefromtheCustomer’sProjectManagerwithinfive(5)businessdays,thentheDeliverableMaterialwillbedeemedaccepted.Theprocesswillrepeatfortherequestedrevisionsuntilacceptance.11.4.AllacceptancemilestonesandassociatedreviewperiodswillbetrackedontheProjectPlan.11.5 Both OpenGov and Customer recognize that failure to complete tasks andrespondtoopenissuesmayhaveanegativeimpactontheProject.11.6. For any tasks not yet complete, OpenGov and/or Customer will providesu cient resources to expedite completion of tasks to prevent negativelyimpactingtheProject.11.7. Excludingdelayscausedbyaforcemajeureevent,ifOpenGovingoodfaithreasonablydeterminesthatCustomer’spersonnelorcontractorsarenotcompletingCustomer’sresponsibilitiesdescribedintheapplicableSOWtimelyoraccurately,OpenGovmayplacetheProfessionalServicesonholdafterprovidingaminimumofsevendayswrittennoticetoCustomer.IfOpenGovplacesaCustomeronhold,OpenGovwillensurethatCustomerismadeawareofitsobligationsnecessaryforOpenGovtocontinueperformingtheProfessionalServicesintheonholdnotice.Uponplacingacustomeronhold,OpenGovmay,withoutpenalty,suspendProfessionalServicestotheCustomerandreallocateresourcesuntiltheCustomerhasfulfilleditsobligations.OpenGovshallbearnoliabilityorotherwiseberesponsiblefordelaysintheprovisionoftheProfessionalServicesoccasionedbyCustomer’sfailuretocompleteCustomer’sresponsibilities.
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12.EstimatedSchedule12.1. OpenGov will schedule resources after the signature of the order form isreceived. Unless specifically noted, the OpenGov assigned Project Manager willwork with Customer Project Manager to develop the Project Charter for allrequested deliverables under this SOW. OpenGov reserves the right to adjust theschedule based on the availability of OpenGov resources and/or Customerresources,andthetimelinessofdeliverablesprovidedbytheCustomer.12.2. TheServicesarecurrentlyestimatedtostart withintwo(2)weeksbutnolaterthanfour(4)weeksfromsignaturesonOrderForms.
13.IllustrativeProjectTimelines13.1.ThetypicalprojecttimelinesareforillustrativepurposesonlyandmaynotreflectCustomer’susecases.Theorderofdeliveryofthesuite(s)willbedeterminedduringtheprojectplanningactivitiesintheInitiatePhase.
14. ChangeOrderProcess14.1.ThisSOWandrelatedeffortsarebasedontheinformationprovidedandgatheredbyOpenGov.Customeracknowledgesthatchangestothescopemayrequireadditionaleffortortime,resultinginadditionalcost.Anychangetoscopemustbeagreedtoinwriting,bybothCustomerandOpenGov,anddocumentedassuchviaaChangeOrder.NoverbalagreementwillbebindingonOpenGovorCustomer.14.2.AChangeOrderisdefinedasworkthatisaddedtoordeletedfromtheoriginalscopeofthisSOW.Dependingonthemagnitudeofthechange,itmayormaynotaltertheoriginalcontractamountorcompletiondate.Changesmightincludebutarenotlimitedto:14.2.1.Timelineforcompletion14.2.2.Signoffprocess14.2.3.Costofchangeand/orinvoicetiming14.2.4.AmendingtheSOWtocorrectanerror PS-07067.1 9
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14.2.5 Extension of work as the complexity identified exceeds what wasexpectedbyCustomerorOpenGov14.2.6.ChangeintypeofOpenGovresourcestosupporttheSOW14.3.TheapprovalprocessforaChangeOrderisasfollows:14.3.1.IdentificationanddocumentationofaneedformodificationtothescopeoftheprojectasdefinedintheStatementofWorkandanysubsequentchangeorders.14.3.2.AChangeOrderiscreatedandCustomerandOpenGovreview.TheCustomerwillthenprovideSign-off..14.3.3.ChangeOrderisincorporatedintotheStatementofWorkandimplemented.
Signatures
Customer:
Signature:Name:Title:Date:
OpenGov,Inc.
Signature:Name:Title:Date:
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Exhibit1:ImplementationActivities
Budgeting&Planning
UseCasesBuildfor BudgetandPlanning:● OperatingBudget● WorkforcePlanning● BudgetBookPublication● CapitalBudgeting● B&PIntegrations● Reporting&Transparency InitiateProvisioning Budget&Planning
OpenGovwill:● ProvisionCustomer’sOpenGoventityandverifyCustomerhasaccesstoallpurchasedmodules.Customerwill:● Confirmaccesstoentityandmodules.CompletionCriteria● Customerverifiesaccesstothesite.
ValidateTechnicalProjectReviewOpenGovwill:● Provideuptoone(1) one-hourworkingsessionsatthebeginningoftheprojectto:o Reviewdeliverableso Reviewtechnicalrequirementso ProvidedocumentationonrequirementsandprocessesOpenGovAssumptions:● Customerwillproviderelevantdatawithintwo(2)weeksimmediatelyfollowingthekick-offmeeting.Customerwill:● Identifyrelevantparticipantsforattendance.● Confirmdeliverables.●
Gatherandproviderelevantdatafortheproject.CompletionCriteria● Customersign-offontheprojectplan.
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ConfigureChartofAccounts(COA)OpenGovwill:● BuildCustomer'sCOAinOpenGovinaccordancewithOpenGovtechnicalrequirements.● ReviewconfiguredCOAanduploadeddataandprovidetrainingtoCustomeronhowto:o Managenewcodeso EditCOAo CreateMasksCustomerwill:● ProvidecurrentCOAandtransactionaldata.● Validate andprovidesignoffon COA.● MaintaintheCOAfollowingconfiguration.CompletionCriteria● Customersign-offthattheChartofAccountshasbeenconfigured.
OperatingBudgetOpenGovwill:●
Configureone(1)Budgetinstance.●
ConfigurebudgetproposalbasedonaSegmentoftheChartofAccounts.● Trainandassistonthemodificationontheconfiguration.● ConfigureanduploadCustomer’sbasebudgetfilesintoOpenGovbudgetinstances.● ConfigureOpenGovBudgetProposalsandWorksheetsforuptofifty(50)Departmentsinthebasebudgetfilebasedontheagreeduponstructure.● ReviewconfiguredOpenGovBudgetandprovidetrainingtoCustomeronhowto:o CreatenewProposalsandWorksheetso ManageBudgetsCustomerwill:● Providecurrentbudget.● ValidateBudgetProposalsandWorksheets.● SignoffonBudgetProposalsandWorksheets.CompletionCriteria● Customersign-offthatOperatingBudgetproposalsandworksheetshavebeenconfigured.
CapitalBudgetOpenGovwill:● Configureone(1)Budgetinstance.● ConfigureanduploadCustomer’sbasebudgetfilesintoOpenGovbudgetinstances.● Configure proposalsandworksheetsforuptofifty(50) CapitalProjectsinthebasebudgetfilebasedontheagreeduponstructure.● ReviewconfiguredOpenGovBudgetandprovidetrainingtoCustomeronhowto:o CreatenewProposalsandWorksheetso ManageBudgetsCustomerwill:● Providecurrentbudget.● ValidateandprovidesignoffonBudgetProposals.
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CompletionCriteria● Customersign-offthatCapitalBudgetproposalsandworksheetshavebeenconfigured.
WorkforceOpenGovwill:● ProvidecostelementsbasedonCustomer’sexistingpersonnelforecasttoworkforcedocumentasperOpenGov’sbestpractices.● ReviewconfiguredOpenGovWorkforcePlanandprovidetrainingtoCustomeronhowto:o CreateCostElementso PopulateanduploadthePositionTemplateCustomerwill:● ProvidePositioncalculationsandtables.● PopulatethePositionTemplateanduploadthe completedtemplateintoOpenGov.● ValidateandprovidesignoffontheWorkforcePlancalculations.● MaintaintheWorkforcePlananddataonceconfigured.CompletionCriteria● Customersign-offthattheWorkforcePlanhasbeenconfigured.
ReportingOpenGovwill:● Setupone(1)exportandDatasetViewtoenableOpenGovBudgetReportsfortheOperatingandCapitalBudget(s).● Configure upthree(3)standardreportsusingthecustomer’sintegratedfinancialdata:o Annualo BudgettoActualso Transactions● Configureuptofour(4) OperatingBudgetReportsusingOpenGovbudgetdata:o Milestoneso Developmento Detailso Categories*● Configureuptofour(4) CapitalBudgetReportsusingOpenGovbudgetdata:o Developmento Detailso Categories*o CapitalPlan● ReviewconfiguredOpenGovReportsandprovidetrainingCustomeronhowto:o ExportBudgetDataforuseinOpenGovReports.o CreatenewReportso ManageReportso ShareReports *BudgetCategoriesreportisonlyavailabletocustomersusingazero-basedbudget.
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Customerwill:●
Validate andprovidesign-offofReports.●
MaintaintheReportsonceconfigured.● MapOpenGovBudgetexporttoCustomerERPimportformat.CompletionCriteria● Customersign-offthatReportshavebeenconfigured.
DashboardsOpenGovwill:● ConfiguredashboardsfortheCustomertoensureeachuserhastheabilitytoaccessandhaveneededreportviewsincludedintheirdashboard.● ProducethereportingviewsanddashboardbasedontheCustomer’sconfiguration.● ProvideExcelTemplatefortheCustomertocompletefortheconfigurationofdashboards.Customerwill:● ProvideacompletedtemplateforOpenGovtousefortheDashboards.CompletionCriteria● Customersign-offthatDashboardshavebeenconfigured.
StoriesOpenGovwill:● Configureone(1)standardbudgetStorytemplateforOperatingandCapital.● ReviewconfiguredOpenGovStoryandprovidetrainingtoCustomeronhowto:○ CreatenewStories○ ManageStories○ PublishStoriesCustomerwill:● Providelogoandbrandingguidelines.● ValidateandprovidesignoffonOperatingBudgetStorytemplate.● UpdatestandardbudgetStorywithCustomerrelevantinformation.CompletionCriteria● Customersign-offthatStorieshavebeenconfigured.
BudgetBookPublicationOpenGovwill:● Basedonbestpractices,buildoutthelookandfeelofsix(6)StandardOBBTemplates:○ HomePage○ Generic(multi-use)○ Operating○ Department○ Capital○ CapitalProject● CreateanAnnualBudgetReportandFTEReportusingOpenGovBudgetdataandReportViewstouseinDepartmentandProjectOBBStoryShells.● CreateDepartmentandProjectOBBStoryShellsfromOBBTemplatesforuptofifty(50)Departmentsanduptofifty(50)ProjectsandaddOpenGovReportViewstoDepartmentandProjectStoryShells.
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● Provideuptoten(10)one-hourworkingsessionstoanswerCustomerquestionsonOBBConfiguration.Customerwill:● ProvidelogoandbrandingcolorstoOpenGov.● ProvidecompleteOBBcontenttoallowOpenGovtocopyandpasteintotheOBB.● SignoffonOBBTemplatespriortoOBBStoryPageConfiguration.● ValidateandsignoffonOBBpages.● MakeanycontinuingeditstothecontentafterOpenGovhasaddedthecontenttotheappropriatestory.CompletionCriteria● Customersign-offthattheBudgetBookPublicationtemplatesareconfigured.
CapitalBookPublicationTemplatesOpenGovwill:● Provideuptothree(3)additionalStoriestemplatesfortheseparateCapitalbudgetbook.● CreateProjectOBBStoryShellsfromOBBTemplatesforuptoonehundred(100)totalprojects.● Provideuptoten(10)one-hourworkingsessionstoanswerCustomerquestionsonOBBConfiguration.Customerwill:● ProvidelogoandbrandingcolorstoOpenGov.● ProvidecompleteOBBcontenttoallowOpenGovtocopyandpasteintotheOBB.● SignoffonOBBTemplatespriortoOBBStoryPageConfiguration.● ValidateandsignoffonOBBpages.● MakeanycontinuingeditstothecontentafterOpenGovhasaddedthecontenttotheappropriatestory.CompletionCriteria● Customersign-offthattheCapitalBudgetBookPublicationtemplatesareconfigured.
CommunityFeedbackTopicOpenGovwill:● Configureone(1)standardbudgettopicinCommunityFeedback.● ReviewconfiguredOpenGovTopicandprovidetrainingtoCustomeronhowto:○ Createnewtopics○ Managetopics○ SetTopicstoPublicandClosed.Customerwill:● Providelogoandbrandingguidelines.● Validateandprovidesignoffon thestandardbudgettopic.● UpdatethestandardbudgettopicwithCustomerrelevantinformation.CompletionCriteria● Customersign-offthatCommunityFeedbackhasbeenconfigured.
FinancialIntegrationOpenGovwill:
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SAMPLE
● InstallationofAgentandDatabaseViewDeploymentorSetupaSFTPandSampleFileFormat.● Integratethefollowingfunctionalities:o GeneralLedgerActualsandBudget(RevenueandExpenses)● Extract,transform(whenrequired)andloadthedata.● BuildReportsfortherequiredfunctionalities.● ValidatethehistoricaldataandcurrentyeardatabasedontheCustomerprovidedsummaryreport.● Schedulethecurrentyeardataload.● Monitorthedataload.
OpenGovassumptions:● IntegrationisunidirectionalfromtheCustomer’sWorkdayintoOpenGov.● ThedatawillbelinkedtotheCustomer’sCOA.
Customerwill:● ProvideanITresourcetoassisttheprojectteamintheinitialset-up.● Provideassistancetounderstandsourcesystemspecificcustomizationsandconfigurationswhenbuildingthedataextract. ● IfOpenGovisunabletoaccessthedataperrequirements,provide.csvdatafilesviaOpenGovSFTPLocation.● AnychargesforthedatafromtheERPsystemwillbethecustomer'sresponsibility.● BrokerOpenGov’saccesstoCustomer’ssourceaccountingdataif hostedbyanythirdvendor.● Provideasummaryexportdatatovalidateagainst.● Validate andprovidesignoffon theintegrateddataandreports.● Changestotheunderlyingdataafterprojectclosurewillbetheresponsibilityofthecustomertoupdate.● Maintenanceoftheintegrationfileonanongoingbasisistheresponsibilityofthecustomer.CompletionCriteria● Customersign-offthattheIntegrationhasbeenconfigured.
Train
Budgeting &PlanningWorkingSessions
OpenGovwill:● PertheagreeduponProjectPlan,scheduleworkingsessionswithCustomer’ssystemadministratorsto:○ Reviewconfigurations;○ Providetrainingonsystemfunctionality;○ Gainfeedback;and○ Answerquestionsregardingconfiguredsystemfunctionality.Customerwill:● PertheagreeduponProjectPlan,attendworkingsessionsto:
PS-07067.1 16
SAMPLE
○ Understandconfigurations;○ Gaintrainingonsystemfunctionality;○ Givefeedback;and○ AskquestionsregardingconfiguredsystemfunctionalityCompletionCriteria● Budgeting&PlanningWorkingSessionshavebeenconducted.
Reporting&TransparencyAdministratorTraining
OpenGovwill:● ProvidetrainingtoCustomersystemadministratorsonhowto:○ MaintaintheChartofAccounts○ Uploadandmanagedataforreporting○ CreateandshareReports,Dashboards, Stories,andTopics.
Customerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● Reporting&TransparencyAdministratorTraininghasbeenconducted.
BudgetandWorkforceAdministratorTrainingOpenGovwill:● ProvidetrainingtoCustomersystemadministratorsonhowto:○ CreateandmanageBudgets○ PreparetosetupNextYear’sBudget○ CreateandmanageWorkforcePlansincludingCostElementsand PositionUploadTemplates○ ExportBudgetDataforuseinOpenGovReports.Customerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● Budget& WorkforceTraininghasbeenconducted.
PublicationTraining
OpenGovwill:● Provideone(1)60-MinuteSystemTrainingdesignedforOBBAdministratorson howto:○ UseandcopyOBBTemplates○ AddReportsViewstoStories○ AddCustomercontentincluding:narrative,images,andexternaldatatoStories○ PublishStories○ UpdateandmaintainStoriesCustomerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● PublicationTraininghasbeenconducted.
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SAMPLE
End-UserTraining
OpenGovwill:● Providetwo(2),60-Minutetrainingsession(s) toCustomer’sInternalUsersonhowto:○ NavigateOpengovBudgetsandReports○ HowtoenterBudgetdata○ HowtorunandusereportsCustomerwill:● Identifyrelevantparticipantsandattendscheduledtrainings.CompletionCriteria● EndUserTraininghasbeenconducted.
Launch
Go-LiveSupportandHyperAdopt
OpenGovwill:● Provideupto eight(8) hoursofworkingsessionstoansweranyquestionsduringGo-Live.Customerwill:● Identifyissuesandattendsessions.CompletionCriteria● Customersign-offthattheprojecthasbeencompleted.
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Exhibit2:TechnicalRequirements
Budgeting&PlanningTechnicalRequirementsChartofAccounts● Flatfile● .csv,.xls,.xlsxwithheaders● ActiveAccountsandAccountswithactivityintheyearsofdatabeingloadedintoOpenGov.
FinancialDataFiles(TransactionalExport)● Flatfile● .csv,.xls,.xlsxwithheaders● 3-5YearsofData FinancialDataFiles(SummaryRevenueandExpenseExport)● PDFexport CurrentBudget● Flatfile● .csv,.xls,.xlsxwithheaders● OperatingBudget PersonnelCalculationsandTables● PDF,Word,csv,.xls,.xlsxwithheaders LogoImage● .jpgor.pngformat● Transparent
BrandingGuidelines● Hexcodes
PS-07067.1 19
56 Partner Investment Summary
57 OpenGov’s pricing model consists of both a fixed fee annual subscription for the software and a one-time cost for the professional services component. Our Professional Services cost includes all phases of implementation: Initiation, Best Practices, Configuration, Validation, Deployment, and Project Completion. OpenGov offers an unlimited user, unlimited usage pricing model, meaning customers are not limited to the number of users, logins, dashboards, reports, or usage of data.
Rather, we charge an annually recurring subscription fee to encourage our customers to utilize the platform, increase adoption throughout their organization, get valuable unlimited usage, and have a predictable annual cost.
Item Description Cost Payment
Schedule
SOFTWARE SERVICES
Budgeting & Planning
Suite
Unlimited Users
• Operating Budget
• Capital Planning
• Workforce Planning
• Online Budget Book
$144,347.70
Annual
Integrations and Add-
Ons*
• Financial Integration
• Multi-Approval Workflows for
Finance
*Determined
During
Project
Scoping
Annual
Reporting &
Transparency
Unlimited Users
• Reporting
• Dashboards
• Stories
• Community Feedback Surveys
• Transparency Portal
• Strategic Initiatives
Included in
Subscription
Cost
Annual
58 Professional Services
Software
Implementation
• Initiation, Best Practices,
Configuration, Validation,
Deployment, and Project
Completion of the above
solutions (this includes a
review and functional build of
your Chart of Accounts into
OpenGov).
$78,760.00 One-Time
Post -Deployment Training & Support
OpenGov University
(Unlimited Users)
• OGU On-Demand: Video-based
online learning courses
• OGU Live: a combination of
virtual training sessions and
in-person training events*
• Help Center: a written article
knowledge base
Included Annual
Customer Success
Manager
• Dedicated human resource to
support your journey as an
OpenGov user with training,
adoption, best practices, and
general assistance throughout
the OpenGov partnership
Included Annual
59 Implementation services pricing is subject to change based on the opportunity for OpenGov to scope your full solution needs.
All OpenGov contracts include an Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term.
*In-person training is available at an additional cost.
For a complete description of all solutions and add ons please refer to the table below.
Products &
Services
Description
Budgeting &
Planning Suite
Unlimited Users
Operating Budget: Liberate your budgeting from disparate spreadsheets with a unified process that seamlessly ties spending to desired outcomes.
Workforce Planning: Simplify planning for your most complex and important cost with scenario analysis, advanced calculations, and integrated budget requests.
Capital Planning: Forecast long-term capital expenditures, manage proposals, track performance, and easily keep the public informed of progress.
Online Budget Book: Publish a fully interactive, easily digestible online budget book that makes future publications vastly more repeatable.
Reporting &
Transparency
Unlimited Users
Analysis & Dashboards: Present complex information that the public, elected officials, departments, and administration can understand with at-a-glance insights and interactive dashboards.
Stories: Communicate and track strategic initiatives effortlessly with a simple drag-and-drop web page builder and customizable themes that make it easy for board members and residents to digest key narratives Community Feedback Surveys: Solicit citizen feedback, run public meetings, virtual council chambers, and budget simulations using robust forms, surveys, reports, and tools for curated feedback and compliant
60 voting.
Performance Measures: Sharpen your focus on outcomes by establishing and tracking relevant KPIs to keep stakeholders updated on spending, initiatives, and operations.
Workflow
Management
Drive community outcomes with comprehensive tools to modernize your internal workflows to reduce your administrative burden.
Software
Implementation
Deployment of the Software Services, including project management, implementation, configuration, testing, report development, interface development, and go-live.
Standard Support Every OpenGov customer has the benefit of OpenGov Standard Support.
Standard Support provides a host of options, from a 24/7 Help Center with documentation and case access to live business day phone support.
Premium Support OpenGov Premium Support provides customers with a level of support above and beyond our Standard Support. Premium Support Customers receive increased response times and a designated OpenGov contact.
OpenGov
University (OGU)
Training from OpenGov experts, self-paced learning modules, training workshops, and live training events.
61 OpenGov’s Master Services Agreement
OpenGov acknowledges the terms provided with the solicitation as a starting point for negotiations between the parties and asserts that acknowledgment of the terms is not binding upon the parties. OpenGov makes no commitments to accept or be bound by any terms and conditions included in the solicitation. Nothing in this solicitation response serves as a waiver of OpenGov's right to negotiate any terms included. OpenGov's entire proposal is conditioned on and subject to the terms and conditions of OpenGov's Master Services Agreement (MSA) included as part of this solicitation response and will become part of the negotiation between the parties.
1 OpenGov Master Services Agreement Revised September 1, 2024 OpenGov Master Services Agreement
The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services.
1. Definitions
1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record).
Customer Data does not include any confidential personally identifiable information.
1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems.
1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.
1.4. “Order Form” means the document(s) separately executed by the parties or attached as an Exhibit, that specifies the Software Services that OpenGov will provide to Customer under this Agreement.
1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2.
2. Software Services, Support, and Professional Services
2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial-off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). Software Services do not include any pre-release features, functionality, and/or software that Customer elects to use while they are in beta.
2.2. Support and Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours.
Customer may report issues any time; however, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement.
2 OpenGov Master Services Agreement Revised September 1, 2024
2.3. Professional Services
2.3.1. If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties, which is incorporated by reference. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date.
2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer.
3. Restrictions and Responsibilities
3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services, including but not limited to load testing, or stress testing; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.
3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third-party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services.
Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.
4. Intellectual Property Rights; License Grants; Access to Customer Data
4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent.
Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services.
4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to Customer. Customer grants OpenGov and its partners (such as hosting providers) a non-
3 OpenGov Master Services Agreement Revised September 1, 2024 exclusive, royalty-free license to use, store, edit, and reformat Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of product enhancement, customer service, and data analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov.
4.3. Access to Customer Data. Customer may download Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods.
4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices, which is to delete Customer Data 45 days after termination or expiration of the Agreement. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2.
4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.
Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate Feedback into the Software Services and Documentation. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.
5. Confidentiality
5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation.
5.2. Confidential Information does not include: (a) data that Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.
5.3. Each party agrees to obtain prior written consent before disclosing any of the other
4 OpenGov Master Services Agreement Revised September 1, 2024 party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure.
6. Term and Termination
6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3.
6.2. Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end of the then-current term.
6.3. Termination for Cause. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non- breaching party, the non-breaching party may terminate this Agreement.
6.4. Termination for Non-Appropriation. For any term after the first full year of this Agreement, Customer may terminate this Agreement if it does not appropriate funds to continue this Agreement in a future fiscal year by providing notice in writing no less than 30 days before the end of the then-current term. Such termination shall be effective upon the expiration of the then-current term. To invoke termination under this section, Customer must use good faith efforts to secure the appropriate funds for the next year’s fees.
6.5. Effect of Termination. Upon termination of this Agreement pursuant to Section 6: (a) Customer shall pay in full for all Software Services and Professional Services for the then-current annual term, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession.
7. Payment of Fees
7.1. Fees; Invoicing; Payment; Expenses.
7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable.
7.1.2. Annual Software Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year or as otherwise agreed upon in
5 OpenGov Master Services Agreement Revised September 1, 2024 the applicable renewal Order Form.
7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW or Order Form as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Receipts shall be provided for the travel expenses listed on the invoice.
7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe a late interest penalty of the maximum rate permitted by law and (b) If Customer’s account remains delinquent (with respect to payment of an undisputed invoice) for 10 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such service suspension based on such Customer’s delinquency.
7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax-exempt status, proper exemption certificates or other documentation acceptable to OpenGov.
8. Representations and Warranties; Disclaimer
8.1. By OpenGov.
8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement.
8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, OpenGov will re- perform the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of the completion of Professional Services pursuant to the applicable SOW to receive such warranty remedies.
8.1.3. Software Services Warranty. OpenGov further represents and warrants that for the
6 OpenGov Master Services Agreement Revised September 1, 2024 Term, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free.
Customer must give written notice of any claim under this warranty to OpenGov within 90 days of Customer discovering the defect. For any breach of the Software Services warranty, OpenGov will repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted. If OpenGov is unable to do so, Customer may terminate the license for such Software Services and will be entitled to recover all fees paid to OpenGov for the deficient Software Services.
8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.
8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS”
AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR
LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR
INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR
ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY
FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT
EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and
9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and
7 OpenGov Master Services Agreement Revised September 1, 2024 (c) either party’s infringement of the other party’s Intellectual Property Rights.
9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.
10. Miscellaneous
10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov.
10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. For notices required by the Agreement the parties must communicate more formally in a writing sent via USPS certified mail and via email.
OpenGov’s addresses for notice are: [email protected] with a mailed copy to OpenGov, Inc., 660 3rd Street, Suite 100, San Francisco, CA 94107.
10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement.
10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.
10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.
10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement.
10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).
10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set
8 OpenGov Master Services Agreement Revised September 1, 2024 forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors.
10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other.
10.10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of Customer’s jurisdiction, without regard to conflict of laws principles. The parties submit to personal jurisdiction and venue in the courts of Customer’s jurisdiction.
10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement. Any additional or different terms in a purchase order or click-through agreement are expressly rejected by the Parties and are void. Any modification to this Agreement must be in writing and signed by an authorized representative of each party.
[ENTER CUSTOMER NAME] OpenGov, Inc.
Signature ___________________________ Signature __________________________ Name ___________________________ Name __________________________ Title ___________________________ Title __________________________ Date ___________________________ Date __________________________
DATE: December 18, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager, Community Programs Jennifer Hunt Gracia, Community Services Director
Nathan Hunt, Community Services Superintendent
Ryan Samples, Community Services Supervisor
SUBJECT: Consideration to Accept the Beryl Park East Inclusive Playground Project, Constructed by H L Hitchcock (Low Bidder) under Contract No. 2024-048, as Complete and Approve the Final Contract Amount of $1,165,280; Authorize the Release of the Faithful Performance Bond and Acceptance of the Maintenance Bond; Authorize the Release of the Labor and Materials Bond in the Amount of $1,068,985 Six (6) Months after the Recordation of Said Notice if No Claims Have Been Received; Authorize the Community Services Director to File a Notice of Completion and Release of the Retention in the Amount of $58,264, 35 Days after Acceptance; Authorize the Community Services Director to Approve the Release of the Maintenance Bond One (1) Year Following the Filing of the Notice of Completion if the Improvements Remain Free from Defects in Materials and Workmanship. This Project Is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) RECOMMENDATION:
Staff recommends the City Council:
1. Accept the Beryl Park East Inclusive Playground Project, constructed by H L Hitchcock (bid winner) under Contract No. 2024-048, as complete.
2. Approve the final contract amount of $1,165,280.
3. Authorize the release of the Faithful Performance Bond and acceptance of the Maintenance Bond.
4. Authorize the release of the Labor and Materials Bond in the amount of $1,068,985, six (6) months after the recordation of said notice if no claims have been received.
5. Authorize the Community Services Director to file a Notice of Completion and release of the retention in the amount of $58,264, 35 days after acceptance.
6. Authorize the Community Services Director to approve the release of the Maintenance Bond one (1) year following the filing of the Notice of Completion if the improvements remain free from defects in materials and workmanship.
BACKGROUND:
The Beryl Park East Inclusive Playground Project Fiscal Year 2023-24 scope of work consisted
2 6
5 9
of the removal of existing concrete paving, rubber surfacing, sand, retaining walls, handrails, bench, tree, curbs, asphalt paving, and installation of new crosswalk improvements, restroom improvements, concrete paving, asphalt paving, play equipment, rubber surfacing, curbs, bollards, parking striping, trash receptacles, seat walls, irrigation, planting, and other related items of work. Pertinent information on the project is as follows:
Low Bidder: HL Hitchcock Construction, Inc.
Bid Opening: November 7, 2023
Contract Award Date: January 17, 2024
Publish Dates for Local Paper: October 3, 2023, and October 10, 2023
Budgeted Amount (Including Const. Management) $1,239,924 Original Contract Amount: $1,068,985
Budgeted Contingency: $106,899
Final Contract Amount: $1,165,280
Variance (Final Actual vs. Original Contract
Amount) $96,295 or (9.01%)
ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Community Services Director.
The net increase in the total cost of the project (9.01%) is a result of ten (10) Contract Change Orders (CCO). The contractor repaired a previously damaged wall, replaced restroom lighting, installed cobblestone adjacent to the parking lot that was too small for landscaping, installed a previously unidentified storm drain catch basin, and purchased and installed three (3) signs (CC0- 1); provided temporary security for playground equipment (CC0-2); installed previously unidentified storm drain piping (CC0-3); re-sealed and striped parking lot (CC0-4); installed cobblestone adjacent to re-designed crosswalk (CC0-5); contracted previously unidentified playground inspection (CC0-6); purchased and installed accessible drinking fountain and water bottle filling station (CC0-7); purchased and placed mulch in planters adjacent to the parking lot (CC0-8); painted fencing adjacent to the playground (CC0-9); and purchased and placed sod in turf areas adjacent to the playground (CC0-10).
At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the Community Services Director.
FISCAL IMPACT:
The fiscal impact of this recommendation will result in the release of the construction retention amount of $58,264 from the Park Improvement Fund (119), account number F119|CC4017000|SC7003.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This project supports the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing equitable prosperity for all, in addition to intentionally embracing and anticipating our future with a relentless pursuit for improvement.
2 6
5 9
ATTACHMENTS:
Attachment 1 – Notice of Completion
Attachment 2 – Application and Certificate for Payment
Contract No. 2024-048 is on file with City Clerk’s Office.
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
P. O. Box 807
Rancho Cucamonga, California 91730
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. O. Box 807
Rancho Cucamonga, California 91730
Exempt from recording fees pursuant to Govt. Code Sec. 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is:
All public rights-of-way within the boundaries of Contract No. 2024-048
2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 10500 CIVIC CENTER DRIVE, P. O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730.
3. On December 18, 2024, there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for:
Beryl Park East Inclusive Playground Project FY 23-24
Removal of existing concrete paving, rubber surfacing, sand, retaining walls, handrails, bench, tree, curbs, asphalt paving, and installation of new crosswalk improvements, restroom improvements, concrete paving, asphalt paving, play equipment, rubber surfacing, curbs, bollard, parking striping, trash receptacles, seat walls, irrigation, planting, and other related items of work.
4. The name of the original contractor for the work of improvement as a whole was:
HL Hitchcock Construction, Inc.
5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows:
Beryl Park East, 6524 Beryl Street, Rancho Cucamonga, CA 91730 APN 020122137
CITY OF RANCHO CUCAMONGA, a
Municipal Corporation, Owner
I hereby certify under penalty of perjury that the
foregoing is true and correct.
12-18-24
DATE
Executed in the City of Rancho Cucamonga,
California
Jennifer Gracia
Community Services Director
ATTACHMENT 1
APPLICATION AND CERTIFICATE FOR PAYMENT
PAGE 1 OF 2 PAGES
PURCAHSE ORDER #
APPLICATION NUMBER:
59776
6CONTRACTOR: PROJECT: Distribution to:
X OWNERH L HITCHCOCK CONSTRUCTION INC.
10180 Victoria St.
Beryl Park APPLICATION DATE:
PERIOD TO:
10/27/2024
10/27/2024
1207
10500 Civic Center Dr
Rancho Cucamonga, CA 91730
CONTRACTOR
Rancho Cucamonga, CA 91701 PROJECT NO.:
CONTRACT DATE: 01/17/24
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due.
Application is made for payment, as shown below, in accordance with the Contract.
Continuation Sheet, AIA Document G703, is attached.
1. ORIGINAL CONTRACT SUM $ 1,068,985.00
$96,295.002.
3. Net Change By Change Orders……………………….
CONTRACT SUM TO DATE (Line 1 +2)…… $ 1,165,280.00
$1,165,280.00
CONTRACTOR: H L Hitchcock Construction Inc.
4. 5.
TOTAL COMPLETED & STORED TO DATE…………..
(Column G on G703) By: _________________________________________________ Date: 11/15/24 RETAINAGE:
a.
b.
5% % of Completed Work
(Columns D & E on G703)
$58,264.00
$0.000% % of Stored Material
(Column F on G703)
Total Retainage (Line 5a + 5b or
Total in Column 1 of G703) $58,264.00
6. 7.
TOTAL EARNED LESS RETAINAGE…………………… $1,107,016.00
(Line 4 less Line 5 Total)
LESS PREVIOUS CERTIFICATES FOR PAYMENT
(Line 6 from prior Certificate) $ 1,107,016.00
$58,264.00
$0.00
8. 9.
TOTAL BILLED THIS PERIOD INCLUDING RETENTION
CURRENT BILLED THIS PERIORD INCLUDING RETENTION AREA A
10. CURRENT BILLED THIS PERIORD INCLUDING RETENTION AREA B
11. CURRENT BILLED THIS PERIORD INCLUDING RETENTION AREA C $0.00
$0.00
12. RETENTION THIS PERIOD AREA A
13. RETENTION THIS PERIOD AREA B
14. RETENTION THIS PERIOD AREA C
$0.00
$0.00
$0.00
15. CURRENT PAYMENT DUE AREA A $0.00
16. CURRENT PAYMENT DUE AREA B
17. CURRENT PAYMENT DUE AREA C
$0.00
$0.00
18. CURRENT TOTAL PAYMENT DUE AREA A,B,C
19. BALANCE TO FINISH, INCLUDING RETAINAGE
$58,264.00
(Line 3 less Line 6) $ -
CHANGE ORDER SUMMARY
Total changes approved in
ADDITIONS DEDUCTIONS
previous months by Owner
Total Approved this Month
TOTALS
$96,295.00
$0.00
$96,295.00
$96,295.00NET CHANGES by Change Order
ATTACHMENT 2
CONTINUATION SHEET - Schedule of Values AIA DOCUMENT G703 PAGE - 1 OF 1 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT containing Contractor's signed Certification is attached.
In tabulations below, amounts are stated to the nearest dollar.
APPLICATION NO:
APPLICATION DATE:
PERIOD TO:
6 10/27/24
10/27/24Beryl Park East
Use column 1 on Contracts where variable retainage for line items may apply. PROJECT NO:
H
1207
A B C D E F G I J K L
ITEM
NO.
DESCRIPTION OF WORK SCHEDULED
VALUE
WORK COMPLETED
FROM PREVIOUS THIS PERIOD
APPLICATION
(D+E)
MATERIALS
PRESENTLY
STORED
TOTAL
COMPLETED
AND STORED
TO DATE
%
(G/C)
BALANCE
TO FINISH
(C-G)
RETAINAGE RETAINAGE AREA A RETAINAGE AREA B RETAINAGE
AREA C
(NOT IN
D OR E) (D+E+F)
1 Clearing & Grubbing
Grading
Demolition / Removal
Concrete Paving
AC Pavement
Concrete Paving Retardant Finish
Retaining Curb
Concrete Mow Curb
Truncated Domes
Reinstall Removable Bollard
Parking Signage
Parking Striping
Fill Existing Expansion Joints
Reinstall Bench
Reinstall Trash Receptable
Play Equipment (Area A)
Pour-in-place Rubber Surfacing (Area A)
Play Equipment (Area B)
Pour-in-place Rubber Surfacing (Area B)
Paint Existing Garden Seatwall
Block Garden Wall
4200 $4,200.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$4,200.00
$12,300.00
$27,650.00
$16,395.00
$10,485.00
$5,955.00
$1,330.00
$1,505.00
$1,828.00
$750.00
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$210.00
$615.00
$1,382.50
$819.75
$524.25
$297.75
$66.50
$210.00
$615.002 12300
27650
16395
10485
5955
$12,300.00
$27,650.00
$16,395.00
$10,485.00
$5,955.00
$1,330.00
$1,505.00
$1,828.00
$750.00
3 $1,382.50
$819.754
5 $524.25
6 $297.75
7 1330 $66.50
8 1505 $75.25 $75.25
9 1828 $91.40 $91.40
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 750 $37.50 $37.50
1285 $1,285.00
$1,340.00
$5,400.00
$2,000.00
$2,000.00
$335,165.00
$155,250.00
$243,015.00
$31,338.00
$5,885.00
$7,375.00
$11,770.00
$11,770.00
$89,544.00
$72,050.00
$3,800.00
$1,200.00
$6,400.00
$1,285.00
$1,340.00
$5,400.00
$2,000.00
$2,000.00
$335,165.00
$155,250.00
$243,015.00
$31,338.00
$5,885.00
$7,375.00
$11,770.00
$11,770.00
$89,544.00
$72,050.00
$3,800.00
$1,200.00
$6,400.00
$64.25 $64.25
1340 $67.00 $67.00
5400 $270.00
$100.00
$100.00
$16,758.25
$7,762.50
$12,150.75
$1,566.90
$294.25
$368.75
$588.50
$588.50
$4,477.20
$3,602.50
$190.00
$60.00
$270.00
2000 $100.00
2000 $100.00
335165
155250
243015
31338
5885
$16,758.25
$7,762.50
$12,150.75
$1,566.90
$294.25
7375 $368.75
Irrigation
Planting
11770
11770
89544
72050
3800
$588.50
$588.50
Restroom Improvements
Intersection Improvements
Temporary Construction Fencing
Pre Construction & Post Construction Video
Portable Restrooms
$4,477.20
$3,602.50
$190.00
1200 $60.00
6400 $320.00 $320.00
$0.00
$0.00
SUB TOTALS: $ 1,068,985.00 $1,068,985.00 $0.00 $0.00 $1,068,985.00 100% $0.00 $53,449.25 $24,520.75 $25,326.00 $3,602.50 Change Orders
1 2
3 4
5 Change Order #01 - Included COR 2-7
Change Order #02 - Included COR 8
27260
6173
43109
19753
0 $27,260.00
$6,173.00
$43,109.00
$19,753.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$27,260.00
$6,173.00
$43,109.00
$19,753.00
$0.00
100%
100%
100%
100%
100%
0%
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,363.00
$308.65
$2,155.45
$987.65
$0.00
$1,363.00
$308.65
$2,155.45
$987.65
$0.00
Change Order #03-05 - COR 1, 9 & 10
Change Order #6-10 - COR 11-15
Change Order #11 - Incorrect Retaintage on Billing 4.1
0 $0.00 $0.00 $0.00
CHANGE ORDER TOTALS: 96295 $96,295.00
$1,165,280.00
$0.00
$0.00
$0.00 $96,295.00 100%
100%
$0.00
$0.00
$4,814.75
$58,264.00
$4,814.75 $0.00
$3,602.50
$0.00
GRAND TOTALS $ 1,165,280.00 $0.00 $1,165,280.00
Previous Retention
Previous Retention
Previous Retention
$24,520.75
$30,140.75
Area A
Area B
Area C
$0.00
$0.00
$0.00
$0.00
$0.00
ATTACHMENT 2
DATE: December 18, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Neil Plummer, Public Works Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Fily Reyes, Assistant Engineer
Paige Eberle, Management Analyst I
SUBJECT: Consideration to Accept the Heritage Park Pedestrian Trail Renovation Phase 2 Project as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the Heritage Park Pedestrian Trail Renovation Phase 2 Project, Contract No. 2024-140, as complete.
2. Approve the final contract amount of $139,500.00..
3. Authorize the release of the Faithful Performance Bond and acceptance of Maintenance Bond.
4. Authorize the release of the Labor and Materials Bond in the amount of $139,500.00, six months after the recordation of said notice if no claims have been received.
5. Authorize the Public Works Services Director to file a Notice of Completion and release of the retention in the amount of $6,975.00, 35 days after acceptance.
BACKGROUND:
The Heritage Park Pedestrian Trail Renovation Phase 2 Project scope of work consisted of the removal and replacement of existing asphalt concrete trail pavement, the removal and replacement of adjacent concrete curbs, the removal of trail signs and their footings other related items of work. Pertinent information of the project is as follows:
Budgeted Amount: $252,740.00.00
Publish Dates for Local Paper: May 7, 2024 and May 14, 2024 Bid Opening: May 28, 2024
Contract Award Date: June 19, 2024
Low Bidder: Gentry General Engineering, Inc.
Contract Amount: $139,500.00
Contingency: $13,950.00
Final Contract Amount: $139,500.00
Difference in Contract Amount: $0.00 (0.00%)
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ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Public Works Services Director.
FISCAL IMPACT:
Adequate funds were included in the Fiscal Year 2024/2025 adopted budget for this project in account numbers 1848303-5607 (PD 85 Redemption Fund).
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The Heritage Park Pedestrian Trail Renovation Phase 2 Project, by completing the replacement of the asphalt trail pavement, will provide and nurture a high quality of life as well as promote and enhance a safe and health community for users of the pedestrian trail.
ATTACHMENTS:
Attachment 1 - Notice of Completion
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
P. O. Box 807
Rancho Cucamonga, California 91730
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. O. Box 807
Rancho Cucamonga, California 91730
Exempt from recording fees pursuant to Govt. Code Sec. 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is:
All public rights-of-way within the boundaries of Contract No. 2024-140
2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 10500 CIVIC CENTER DRIVE, P. O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730.
3. On January 15, 2025, there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for:
Heritage Park Pedestrian Trail Renovation Phase 2 Project Removal and replacement of existing asphalt concrete trail pavement & adjacent concrete curbs plus other related work
4. The name of the original contractor for the work of improvement as a whole was:
Gentry General Engineering, Inc.
5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows:
5546 Beryl Street (Heritage Park), Rancho Cucamonga, CA 91730 APN 1061-631-01
CITY OF RANCHO CUCAMONGA, a
Municipal Corporation, Owner
I hereby certify under penalty of perjury that the
foregoing is true and correct.
12-18-2025
DATE
Executed in the City of Rancho Cucamonga,
California
Neil Plummer
Public Works Services Director
ATTACHMENT 1
DATE:December 18, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Jasmine Lopez, Assistant Engineer
SUBJECT: Consideration to Accept Public Improvements Located at 12765 Banyan Street per Improvement Agreement, Related to DRC2021-00018 (SUBTT20337), as Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve and accept the public improvements and their design, required for the development of Tract No. 20337 and authorize the City Engineer to file the appropriate Notice of Completion;
2. Release the Faithful Performance Bond for the associated public improvements;
3. Release the Labor and Material Bond after City Council approval; and
4. Accept a Maintenance Bond to be released upon approval of the City Engineer after successful completion of the one-year warranty period.
BACKGROUND:
On October 27, 2021, Tentative Tract Map SUBTT20337 and Design Review DRC2021-00018 was approved by the Planning Commission for the request to subdivide 5.18 acres into nine (9) lots for the development of nine (9) single-family residences within the Very Low (VL) Residential District, located on the South side of Banyan Avenue and Skycrest Court. An improvement agreement and securities were approved by the City Council on January 13, 2023, to ensure construction of all required public improvements for the street extension of Billings Place.
ANALYSIS:
All public improvements required of this development have been completed to the satisfaction of the City Engineer.
Prior to construction of the public improvements the developer, Banyan 9, LLC, submitted the following securities to ensure satisfactory completion of the improvements:
Faithful Performance Bond SUBTT20337 $ 452,500 Bond # PB00618100143 Labor and Material Bond SUBTT20337 $ 452,500 Bond # PB00618100143 With the completion of the improvements, the Faithful Performance and Labor and Material bonds are no longer required. A Maintenance Bond equal to 10% of the faithful performance bond has
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been secured from the developer to ensure maintenance of the improvements through the one- year warranty period. The final inspection of the public improvements was completed on August 27, 2024, therefore, the improvements shall be re-inspected in eight (8) months and the Maintenance Bond will be released upon approval of the City Engineer if no defects in materials or workmanship are observed.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
ATTACHMENT 1
Case No. DRC2021-00018 (SUBTT20337)
Vicinity Map
NOT TO SCALE
Project Site
DATE: December 18, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matt Burris, Deputy City Manager Community and Economic Development
Matt Marquez, Planning and Economic Development Director Flavio Nuñez, Management Analyst II
SUBJECT: Consideration of Resolution No. 2024-110 Declaring Pursuant to Government Code Section 54221 that Certain Real Property Owned by the City Located at 7089 Etiwanda Avenue is Surplus Land and Not Necessary for City’s Use, Finding that Such Declaration is Exempt from Environmental Review Under the California Environmental Quality Act, and Taking Related Actions. (RESOLUTION NO. 2024-110) (CITY) RECOMMENDATION:
Staff recommends that the City Council approve the attached resolution declaring pursuant to Government Code Section 54221 that certain real property owned by the City is surplus land and not necessary for the City’s use, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and taking related actions.
BACKGROUND:
The City of Rancho Cucamonga is the owner in fee simple of certain real property (“Property”) at the following location:
•7089 Etiwanda Avenue, City of Rancho Cucamonga – APN: 0227-121-56-0000 Under the Surplus Land Act, Government Code Sections 54220-54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The Act provides that land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it.
Under the Act, land is necessary for the City’s use if the land is being used or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations. The Act specifies that the City’s use does not include commercial or industrial uses, and land that is disposed of for the purpose of investment or generation of revenue is not necessary for the City’s use.
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ANALYSIS:
The subject Property is not currently being used by the City. Staff has evaluated the Property for its potential to be used for City work or operations and staff has determined that the Property is not suitable for the City’s use. This Property is not identified in any City plans.
Staff recommends that the City Council declare that the Property is surplus land and not necessary for the City’s use.
The Act requires that before the City disposes of the Property or engages in negotiations to dispose of the Property, the City must send a written notice of availability (“NOA”) of the Property, which includes the location and a description of the Property, to certain designated entities.
Negotiations do not include commissioning an appraisal, due diligence, discussions with brokers or agents who are not representing a potential buyer, studies to determine value or the best use of the land, the issuance of a request for qualifications, development of marketing materials, or discussions exclusively among local agency employees and officials.
If the City does not agree to price and terms with a designated entity or if no designated entity responds to the NOA, the City can proceed to sell or lease the Property to any entity. However, if ten or more residential units are developed on the Property, not less than 15% of the total residential units developed on the Property must be made available at an affordable housing cost or affordable rent to low-income households pursuant to a covenant recorded against the land.
CALIFORNIA ENVIRONMENTAL QUAILTY ACT (CEQA):
The City Council hereby finds that it can be seen with certainty that the declaration of surplus land has no likelihood of causing a significant negative effect on the environment. This finding is premised on the fact that no project or physical changes are proposed for the Property and this declaration is merely an administrative procedure before the City may dispose of the Property.
Based upon these findings, the City Council determines that this Resolution is exempt from the application of the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This action is in keeping with the Council’s vision to create an equitable, sustainable, and vibrant City, by setting the stage for appropriate, high-quality reuse of these properties in the future.
ATTACHMENTS:
Attachment 1 – Resolution No. 2024-110
Attachment 1
RESOLUTION NO. 2024-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING
PURSUANT TO GOVERNMENT CODE SECTION 54221
THAT REAL PROPERTY OWNED BY THE CITY AT 7089
ETIWANDA AVENUE IS SURPLUS LAND AND NOT
NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND TAKING RELATED ACTIONS
WHEREAS, the City of Rancho Cucamonga (“City) is the owner in fee simple of that certain real property located at 7089 Etiwanda Avenue (APN: 0227-121-56-0000) and further described in Exhibit “A,” attached hereto and made a part hereof (“Property”); and
WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the approximately 3.46-acre vacant Property is adjacent to an approximately .54-acre City-owned property located at 7092 Etiwanda Avenue, which contains the historic Etiwanda Railway Station structure (the “Depot Parcel”); and WHEREAS, the Property has historically been combined with the Depot Parcel to form a single, unified site; and
WHEREAS, the City has previously declared the Depot Parcel to be surplus land because the Depot Parcel is not necessary for the City’s use; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work and operations and has determined that the Property is not suitable for the City’s use within the meaning of the Act and is therefore not necessary for the City’s use; and
WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; and
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WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
Section 1.The above recitals are true and correct and are a substantive part of this Resolution.
Section 2.The City Council hereby declares that the Property is surplus land and not necessary for the City’s use.
Section 3. The City Clerk is hereby directed to send a notice of availability, substantially in the form attached hereto as Exhibit “B” and made a part hereof, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail.
Section 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). The City Council hereby finds that it can be seen with certainty that the declaration of surplus land has no likelihood of causing a significant negative effect on the environment. This finding is premised on the fact that no project or physical changes are proposed for the Property and this declaration is merely an administrative procedure before the City may dispose of the Property. Based upon these findings, the City Council determines that this Resolution is exempt from the application of the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
Section 6.The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act.
Section 7.The City Clerk shall certify the adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED this ___ day of ______, 2024. __________________________
L. Dennis Michael, Mayor
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the ____ day of ________, 2024.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
__________________________
City Clerk
11231-0001\3044028v1.doc
Exhibit A
Legal Description
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 19247, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 238, PAGES 76 TO 79 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
11231-0001\3044028v1.doc
Exhibit B
Notice of Availability
_______, 2024
To All Interested Parties:
(Via Electronic Mail and/or Certified Mail)
RE: Notice of Availability/Offer to Dispose of Surplus Property As required by Government Code Section 54220 of the State of California, the City of Rancho Cucamonga is providing notification that the City intends to sell or lease on a long-term basis the surplus property listed in the accompanying table (the “Property”).
In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the Property. However, this offer shall not obligate the City to sell or lease the Property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you and other interested entities pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms or lease terms the City may market the Property to the general public.
The Property is located at 7089 Etiwanda Avenue, is approximately 3.46 acres and is vacant. The Property is adjacent to an approximately .54-acre City-owned property located at 7092 Etiwanda Avenue, which contains the Etiwanda Railway Station structure, a national historic landmark (the “Depot Parcel”). The Depot Parcel has previously been declared surplus land, offered for disposition pursuant to the Surplus Land Act, and is available for sale or lease.
The Property has historically been combined with the Depot Parcel to form a single, unified site.
Any future development of the Depot Parcel or the Property will need to preserve the historic Etiwanda Railway Station structure and the surrounding historic resources. The structure is listed on the National Registry of Historical Places, and must be preserved in accordance with, and to the extent required by, federal, state, and local law. The City’s General Plan Update, adopted by the City Council in December 2020, includes the following policies related to historic resources:
•RC-4.3 Protected Sites. Require sites with significant cultural resources to be protected.
•RC-4.4 Preservation of Historic Resources. Encourage the preservation of historic resources, buildings and landscapes.
•RC-4.5 Historic Buildings. Encourage the feasible rehabilitation and adaptive reuses of older buildings.
As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.
11231-0001\3044028v1.doc
In the event your agency or company is interested in purchasing or leasing the Property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the Property shall be delivered to Matt Marquez, Director of Planning & Economic Development at 10500 Civic Center Drive, Rancho Cucamonga CA, 91070, or via electronic mail at [email protected]. Please direct your questions to [email protected].
Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).
Attachments: 1. Notice of Availability Table
2. Aerial map of the Property
3. Assessor’s Parcel map of the Property
11231-0001\3044028v1.doc
ATTACHMENT 1
NOTICE OF AVAILABILITY TABLE
Surplus Property
Jurisdiction Name City of Rancho Cucamonga
Jurisdiction Type City
Property Address (City, State, Zip)
7089 Etiwanda Ave., Rancho Cucamonga,
CA. 91730 ____
County San Bernardino
Assessor Parcel Number 0227-121-56-0000
Lot Size 3.46 ac.
Lot Width 47.48 at narrow point and 132.31 at widest
point
Lot Depth 1321.97
Zoning VL – Very Low Residential
General Plan Designation N Traditional Neighborhood / OS Rural Open Space
Minimum Density N/A
Maximum Density 2du/ac.
Current Use Vacant
Minimum Sales Price
Last Appraised Value
Last Appraisal Date
11231-0001\3044028v1.doc
ATTACHMENT 2
AERIAL MAP OF THE PROPERTY
Subject
Property
11231-0001\3044028v1.doc
ATTACHMENT 3
ASSESSOR’S PARCEL MAP OF THE PROPERTY
Subject
Property
DATE: December 18, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matt Burris, AICP, Deputy City Manager
Matt Marquez, Director of Planning & Economic Development SUBJECT: Consideration of Resolution No. 2024-109 Declaring Pursuant to Government Code Sections 54221(b) and 54221(f)(1)(B) that Certain Real Property Owned by the City located at 9575 San Bernardino Road is Exempt Surplus Land and Not Necessary for City’s Use, Finding that Such Declaration is Exempt from Environmental Review Under the California Environmental Quality Act, and Taking Related Actions. (RESOLUTION NO. 2024-109) (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the attached resolution declaring pursuant to Government Code Sections 54221(b) and 54221(f)(1)(B) that certain real property owned by the City is exempt surplus land and not necessary for the City’s use, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and taking related actions.
BACKGROUND:
The City of Rancho Cucamonga is the owner in fee simple of certain real property (“Property”) at the following location:
•9575 San Bernardino Road, City of Rancho Cucamonga – APN: 0208-151-05 The Property measures approximately 17,408 square feet (0.39 acres) and was formerly home to a kindergarten use. The existing building on site measures approximately 1,537 square feet.
The City owns other properties in the immediate vicinity that when combined with the subject Property, could be developed with housing. Under the Surplus Land Act, Government Code Sections 54220-54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The Act provides that land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it.
Under the Act, land is necessary for the City’s use if the land is being used or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations. The Act specifies that the City’s use does not include commercial or industrial uses, and land that is disposed of for the purpose of investment or generation of revenue is not necessary for the City’s use.
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ANALYSIS:
The subject Property is not currently being used by the City for agency work or operations, nor is the Property land that the City plans to use for agency work or operations pursuant to any written plan. Staff evaluated the Property for its potential to be used as a utility site, watershed property, for conservation purposes, demonstration, exhibition, and other purposes described in Section 104 of the Surplus Land Act guidelines and determined that the Property is not suitable for the City’s use. Government Code Section 54221(f)(1)(B) provides that “exempt surplus land” means surplus land that is less than one-half acre in size and not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. In addition, exempt surplus land is land that does not meet any of the conditions described in paragraph (2) of Government Code Section 54221(f) (e.g., land in a coastal zone).
The Property is not contiguous to land owned by a state or local agency that is used for open- space or low- and moderate-income housing purposes. Further, the property does not meet any of the conditions described in paragraph (2) of Government Code Section 54221(f). Staff is therefore recommending that the City Council declare that the subject Property is exempt surplus land and not necessary for the City’s use.
The Act requires that a local agency that determines that property is exempt surplus property, shall support such a determination with written findings and shall provide a copy of the written determination to the California Department of Housing and Community Development (HCD).
Following adoption of the subject Resolution, staff will submit the appropriate documentation to HCD for review.
CALIFORNIA ENVIRONMENTAL QUAILTY ACT (CEQA):
Staff has recommended that the City Council find that it can be seen with certainty that the declaration of exempt surplus land has no likelihood of causing a significant negative effect on the environment. This finding is premised on the fact that no project or physical changes are proposed for the Property and this declaration is merely an administrative procedure before the City may dispose of the Property. Based upon these findings, the attached Resolution contains a determination of the City Council that the Resolution is exempt from the application of the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This action is in keeping with the Council’s vision to create an equitable, sustainable, and vibrant City, by setting the stage for appropriate, high-quality reuse of these properties in the future.
ATTACHMENTS:
Attachment 1 – Resolution 2024-109
ATTACHMENT 1
RESOLUTION NO. 2024-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING
PURSUANT TO GOVERNMENT CODE SECTIONS
54221(b) AND 54221(f)(1)(B) THAT CERTAIN REAL
PROPERTY OWNED BY THE CITY LOCATED AT 9575
SAN BERNARDINO ROAD IN THE CITY OF RANCHO
CUCAMONGA IS EXEMPT SURPLUS LAND AND NOT
NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND TAKING RELATED ACTIONS
WHEREAS, the City of Rancho Cucamonga (“City) is the owner in fee simple of that certain real property located at 9575 San Bernardino Road (APN: 0208-151-05) and further described in Exhibit “A,” attached hereto and made a part of hereof (“Property”); and
WHEREAS, under Section 54221(b) of the Surplus Land Act, Government Code Sections 54220-54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the Property is approximately 17,408 square feet (0.39 acres) and is vacant; and
WHEREAS, City staff has evaluated the Property for its potential to be used for City work and operations and has determined that the Property is not suitable for the City’s use; and
WHEREAS, Government Code Section 54221(f)(1)(B) provides that “exempt surplus land” means surplus land that is less than one-half acre in size and not contiguous to land owned by a state or local agency that is used for open-space or low and moderate income housing purposes; and
WHEREAS, the Property is less than one-half acre in size, not contiguous to land owned by a state or local agency that is used for open-space or low and moderate income housing. Further, the Property does not meet any of the conditions described in paragraph (2) of Government Code Section 54221(f); and
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WHEREAS, the City Council desires to declare that the Property is exempt surplus land and not necessary for the City’s use; and
WHEREAS, the Act provides that the City may dispose of property declared exempt surplus land without further regard to the requirements of the Act, except for the requirement to notify the California Department of Housing and Community Development (“HCD”) at least 30 days prior to disposition of the property; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
Section 1.The above recitals are true and correct and are a substantive part of this Resolution.
Section 2.Pursuant to Government Code Sections 54221(b) and 54221(f)(1)(B), the City Council hereby declares that the Property is exempt surplus land and not necessary for the City’s use.
Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). The City Council hereby finds that it can be seen with certainty that the declaration of exempt surplus land has no likelihood of causing a significant negative effect on the environment. This finding is premised on the fact that no project or physical changes are proposed for the Property and this declaration is merely an administrative procedure before the City may dispose of the Property. Based upon these findings, the City Council determines that this Resolution is exempt from the application of the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
Section 5. Staff of the City are hereby authorized and directed to provide a copy of this Resolution to HCD in the form and manner required by HCD at least 30 days prior to the disposition of the Property.
Section 6.The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
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Section 7.The City Clerk shall certify the adoption of this Resolution PASSED, APPROVED, AND ADOPTED this 18th day of December, 2024. __________________________
___ L. Dennis Michael, Mayor
I, KIM SEVY, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 18th day of December, 2024.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
__________________________
Kim Sevy, City Clerk
Exhibit A
Legal Description
PTN SE 1/4 SEC 3 TP 1S R 7W BEG N 0 DEG 08 MIN W 371 FT FROM PT WHICH IS S 89 DEG 54 MIN W 660 FT FROM SE COR SEC 3 TH N 0 DEG 08 MIN W 326.80 FT TO S LI SAN BDNO RD TH NWLY ALG S LI SD RD 126 FT TO POB TH W 128 FT TH S 136 FT TH E 128 FT TH N TO POB
DATE:December 18, 2024
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Robert Neiuber, Senior Human Resources Director Emily Nielsen, Senior Human Resources Business Partner
SUBJECT: Consideration to Adopt Resolutions Updating the Fiscal Year 2024-2025 City and Rancho Cucamonga Fire Protection District Salary Schedules. (RESOLUTION NO. 2024-108 AND RESOLUTION FD 2024-025)
(CITY/FIRE)
RECOMMENDATION:
Staff recommends the City Council/Fire Board adopt resolutions updating the Fiscal Year 2024- 2025 City and Rancho Cucamonga Fire Protection District salary schedules.
BACKGROUND:
The City Council/Fire Board traditionally adopts salary resolutions biannually for classifications employed by the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment.
The City Council/Fire Board previously approved the existing Memorandums of Understanding (MOU) between the City and each of its bargaining units including the Executive Management Employees Group (Executive Management), Rancho Cucamonga Management Association (RCMA), Rancho Cucamonga City Employees Association (RCCEA), Teamsters Local 1932 (Teamsters), Fire Management Employees Group (Fire MEG), Firefighters Local 2274 (Fire Union), and Fire Support Services Association (Fire Support). These MOUs are currently in effect and provide for equity adjustments as outlined below.
Effective, January 1, 2025, the State of California minimum wage will increase from $16.00 per hour to $16.50 per hour. As a result of the minimum wage increase, several positions on the part- time salary schedule and several exempt supervisory/professional employee salary ranges will be adjusted to reflect this change.
ANALYSIS:
Effective January 13, 2025 changes to the Executive Management salary schedule include the following:
•The following positions will receive a 2% equity adjustment:
oEngineering Services Director/City Engineer, Finance Director, Human Resources Director, Innovation and Technology Director
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•Organizational Development Director will be added to the salary schedule. The salary range will match the existing salary range for the Human Resources Director position. •Engagement and Special Programs Director will be added to the salary schedule. The salary range will be $129,252 to $177,864 annually.
Effective January 13, 2025 changes to the RCMA salary schedule include the following:
•The following positions will receive a 2% equity adjustment:
oBuilding & Safety Manager, Community Improvement Manager, Economic Development Manager, Environmental Programs Manager, Library Services Manager, Principal Accountant, and Procurement Manager
•The Public Works Business Manager classification will be added to the salary schedule.
The salary range will match the existing salary range for the Public Works Maintenance Manager position.
Changes to the RCCEA salary schedule include the following:
•Correcting the Senior Environmental Compliance Inspector classification to be a non- exempt classification as is reflected on the job description.
Effective January 4, 2025 changes to the Fire MEG salary schedule include the following:
•A 4% equity adjustment to the Fire Deputy Chief classification and a 3% equity adjustment to the Fire Battalion Chief classification
Effective January 4, 2025, job classifications with the Fire Union bargaining unit will receive a
2.5% equity adjustment.
In order to comply with the State of California minimum wage law, the attached resolution includes updates to the 2025 City and Fire District part-time salary schedules increasing those steps below the minimum wage.
Updates to the Part-Time City salary schedule include increasing steps below the minimum wage to step 6376, $16.52 per hour, effective January 1, 2025. This is the next step above the minimum wage on the City’s salary table.
Updates to the Part-Time Fire District salary schedule include increasing steps below the minimum wage to $16.50 per hour for the Fire Clerk, Fire Prevention Assistant, and Office Specialist I, effective January 1, 2025.
Effective January 1, 2025, the salary step for five exempt supervisory/professional employees will be updated to address the minimum wage increase.
The attached resolutions adopt the changes as outlined above.
All other salary schedules, classifications, job titles, and other terms of employment remain the same.
Staff recommends that the City Council/Fire Board approve the resolutions updating the City and Rancho Cucamonga Fire Protection District salary schedules for the 2024-2025 fiscal year.
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FISCAL IMPACT:
The cost changes of the minimum wage increase could result in a $16,365 increase to part-time and full-time salaries in the fiscal year. This would be included in the budget for FY 2024-2025.
The addition of the Public Works Business Manager and Engagement and Special Programs Director position will be included in the budget for FY 2024-2025.
All other adjustments to the salary schedules and their fiscal impacts were accounted for in the FY 2024-2025 budget.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City’s vision to build on our success as a world-class community, and create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.
ATTACHMENTS:
Attachment 1 – Resolution 2024-108 - City Salary Schedules Attachment 2 – Resolution FD2024–025 - Fire District Salary Schedules
RESOLUTION NO. 2024-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING UPDATED
FISCAL YEAR 2024-2025 SALARY SCHEDULES
W
HEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of t he City of Rancho Cucamonga; and
W
HEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and
W
HEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and N
OW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for job classifications employed by the City (Exhibit A).
PASSED, APPROVED, AND ADOPTED this ______ day of ___________, 2024.
ATTACHMENT 1
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Animal Services Director 1611 $10,506 1661 $13,482 1681 $14,896 Assistant City Manager 1700 $16,378 1752 $21,226 1772 $23,454 Building and Safety Services Director 1609 $10,402 1659 $13,349 1679 $14,749 City Clerk Services Director 1594 $9,652 1655 $13,085 1675 $14,458 City Manager 1756 $21,655 1807 $27,927 1827 $30,856
Community Services Director 1627 $11,380 1677 $14,602 1697 $16,134 Deputy City Manager 1660 $13,415 1712 $17,388 1732 $19,211 Economic Development Director 1625 $11,266 1675 $14,458 1695 $15,974 Engagement and Special Programs Director 1616 $10,771 1660 $13,415 1680 $14,822 Eng Svs Director/City Engineer 1628 $11,436 1678 $14,675 1702 $16,542 Finance Director 1637 $11,961 1695 $15,974 1719 $18,005 Human Resources Director 1621 $11,044 1671 $14,172 1695 $15,974 Innovation and Technology Director 1637 $11,961 1677 $14,602 1701 $16,459 Library Director 1615 $10,718 1665 $13,754 1685 $15,197 Organizational Development Director 1621 $11,044 1671 $14,172 1695 $15,974 Planning Director 1621 $11,044 1671 $14,172 1691 $15,658 Public Works Services Director 1627 $11,380 1677 $14,602 1697 $16,134 Fire Chief* A $17,467 F $22,293
* Included for informational purposes only - This is a Fire District Management Employee Group position not a City position
EXECUTIVE MANAGEMENT GROUP
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges effective January 13, 2025
Resolution No. 2024-108
Executive Management
Salary Schedule
January 13, 2025
Exhibit A
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Accounting Manager 2525 $6,917 2565 $8,443 2585 $9,328
Animal Center Manager 2506 $6,292 2546 $7,682 2566 $8,485 Assistant to the City Manager 2590 $9,565 2630 $11,675 2650 $12,901 Building & Safety Manager 2533 $7,199 2577 $8,964 2597 $9,903 Chief Information Security Officer 2552 $7,885 2592 $9,659 2612 $10,672 City Planner/Planning Manager 2583 $9,236 2623 $11,273 2643 $12,457 Community Affairs Manager 2565 $8,443 2605 $10,308 2625 $11,387 Community Improvement Manager 2533 $7,199 2577 $8,964 2597 $9,903 Community Services Manager 2506 $6,292 2546 $7,682 2566 $8,485 Community Services Superintendent 2536 $7,307 2576 $8,919 2596 $9,854 Cultural Center Manager 2536 $7,307 2576 $8,919 2596 $9,854 Deputy Director of Animal Services 2566 $8,485 2610 $10,567 2630 $11,675 Deputy Director of Building and Safety 2580 $9,097 2624 $11,331 2644 $12,521 Deputy Director of City Clerk Services 2543 $7,566 2587 $9,422 2607 $10,408 Deputy Director of Community Services 2598 $9,952 2642 $12,395 2662 $13,697 Deputy Director of Economic Development 2598 $9,952 2642 $12,395 2662 $13,697 Deputy Dir. Engineering/Deputy City Eng. 2604 $10,256 2648 $12,771 2668 $14,113 Deputy Dir. Engineering/Utility Manager 2604 $10,256 2648 $12,771 2668 $14,113 Deputy Director of Engineering 2598 $9,952 2642 $12,395 2662 $13,697 Deputy Director of Finance 2604 $10,256 2648 $12,771 2668 $14,113 Deputy Director of Human Resources 2598 $9,952 2642 $12,395 2662 $13,697 Deputy Dir. of Innovation and Technology 2566 $8,485 2610 $10,567 2630 $11,675 Deputy Director of Library Services 2580 $9,097 2624 $11,331 2644 $12,521 Deputy Director of Planning 2598 $9,952 2642 $12,395 2662 $13,697 Deputy Director of Public Works 2598 $9,952 2642 $12,395 2662 $13,697 Economic Development Manager 2539 $7,417 2583 $9,236 2603 $10,205 Environmental Programs Manager 2539 $7,417 2583 $9,236 2603 $10,205 Facilities Superintendent 2536 $7,307 2576 $8,919 2596 $9,854 Finance Manager 2559 $8,194 2599 $10,003 2619 $11,054
Library Services Manager 2506 $6,292 2550 $7,835 2570 $8,657 Park/Landscape Maintenance Supt 2536 $7,307 2576 $8,919 2596 $9,854 Plan Check & Inspection Manager 2533 $7,199 2573 $8,786 2593 $9,708 Principal Accountant 2532 $7,162 2576 $8,919 2596 $9,854 Principal Engineer 2588 $9,469 2628 $11,560 2648 $12,771 Principal Librarian 2495 $5,956 2535 $7,271 2555 $8,031 Principal Management Analyst 2543 $7,566 2583 $9,236 2603 $10,205 Monthly Pay Ranges Effective January 13, 2025
Resolution No. 2024-
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
Rancho Cucamonga Management Association
Salary Schedule
January 13, 2025
Minimum Control Point Maximum
Monthly Pay Ranges Effective January 13, 2025
Resolution No. 2024-
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
Principal Planner 2543 $7,566 2583 $9,236 2603 $10,205
Procurement Manager 2530 $7,092 2574 $8,831 2594 $9,757 Public Works Maintenance Manager 2566 $8,485 2606 $10,358 2626 $11,443 Public Works Business Manager 2566 $8,485 2606 $10,358 2626 $11,443 Revenue Manager 2532 $7,162 2572 $8,742 2592 $9,659
Risk Manager 2559 $8,194 2599 $10,003 2619 $11,054
Senior Civil Engineer 2579 $9,055 2619 $11,054 2639 $12,211 Senior Executive Assistant 2468 $5,206 2508 $6,355 2528 $7,020 Senior Planner 2523 $6,847 2563 $8,360 2583 $9,236
Street/Storm Drain Maintenance Supt 2536 $7,307 2576 $8,919 2596 $9,854 Traffic Engineer 2579 $9,055 2619 $11,054 2639 $12,211
Utilities Operations/Project Manager 2524 $6,882 2564 $8,402 2584 $9,282 Veterinarian 2609 $10,513 2649 $12,837 2669 $14,184
Rancho Cucamonga Management Association
Salary Schedule
January 13, 2025
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Account Clerk 4375 $3,274 4415 $3,998 4435 $4,416
Account Technician 4423 $4,158 4463 $5,076 4483 $5,610
Accountant# 3465 $5,129 3505 $6,261 3525 $6,917
Accounts Payable Supervisor# 3470 $5,257 3510 $6,418 3530 $7,092 Administrative Assistant 4369 $3,176 4409 $3,878 4429 $4,286 Animal Behavior Specialist 4388 $3,492 4428 $4,264 4448 $4,712 Animal Care Attendant 4349 $2,876 4389 $3,511 4409 $3,878 Animal Care Supervisor# 3454 $4,854 3494 $5,925 3514 $6,548 Animal Caretaker 4378 $3,324 4418 $4,056 4438 $4,481
Animal Rescue Specialist 4388 $3,492 4428 $4,264 4448 $4,712 Animal Services Dispatcher 4369 $3,176 4409 $3,878 4429 $4,286 Animal Services Officer I 4421 $4,118 4461 $5,027 4481 $5,554 Animal Services Officer II 4441 $4,549 4481 $5,554 4501 $6,137 Artistic Producer - Mainstreet Theatre 4450 $4,759 4490 $5,809 4510 $6,418 Assistant Engineer# 3504 $6,228 3544 $7,603 3564 $8,402 Assistant Planner# 3468 $5,206 3508 $6,355 3528 $7,019
Associat
e Engineer# 3534 $7,234 3574 $8,831 3594 $9,757
Associate Planner# 3487 $5,723 3527 $6,987 3547 $7,718
Box Office Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Budget Analyst# 3515 $6,579 3555 $8,031 3575 $8,873
Building Inspection Supervisor#2 3504 $6,228 3544 $7,603 3564 $8,402 Building Inspector I2 4444 $4,617 4484 $5,636 4504 $6,228 Building Inspector II2 4464 $5,101 4504 $6,228 4524 $6,882 Business License Clerk 4378 $3,324 4418 $4,056 4438 $4,481 Business License Inspector 4418 $4,056 4458 $4,952 4478 $5,471 Business License Program Coordinator 4432 $4,351 4472 $5,308 4492 $5,866 Business License Program Supervisor# 3470 $5,257 3510 $6,418 3530 $7,092 Business License Technician 4408 $3,860 4448 $4,712 4468 $5,206 City Clerk Records Management Analyst# 3470 $5,257 3510 $6,418 3530 $7,092 Community Affairs Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Community Affairs Officer# 3515 $6,579 3555 $8,031 3575 $8,873 Community Affairs Senior Coordinator# 3480 $5,525 3520 $6,747 3540 $7,454 Community Affairs Specialist 4350 $2,888 4390 $3,527 4410 $3,898 Community Affairs Technician 4437 $4,461 4477 $5,445 4497 $6,015 Community Development Technician I 4413 $3,954 4453 $4,830 4473 $5,337 Community Development Technician II 4423 $4,158 4463 $5,076 4483 $5,610 Community Improvement Supervisor#2 3504 $6,228 3544 $7,603 3564 $8,402 Monthly Pay Ranges Effective January 1, 2025
Resolution No. 2024-108
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
Rancho Cucamonga City Employees Association
Salary Schedule
January 1, 2025
Minimum Control Point Maximum
Monthly Pay Ranges Effective January 1, 2025
Resolution No. 2024-108
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
Community Improvement Officer I 4421 $4,118 4461 $5,027 4481 $5,554 Community Improvement Officer II 4441 $4,549 4481 $5,554 4501 $6,137 Community Programs Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Community Programs Specialist 4437 $4,461 4477 $5,445 4497 $6,015 Community Services Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Community Services Project Coordinator# 3500 $6,105 3540 $7,454 3560 $8,234 Community Services Specialist 4350 $2,888 4390 $3,527 4410 $3,898 Community Services Supervisor# 3480 $5,525 3520 $6,747 3540 $7,454 Community Services Technician 4437 $4,461 4477 $5,445 4497 $6,015 Community Theater Producer 4450 $4,759 4490 $5,809 4510 $6,418 Customer Care Assistant 4369 $3,176 4409 $3,878 4429 $4,286 Customer Service Representative 4378 $3,324 4418 $4,056 4438 $4,481 Customer Service Specialist I - Utilities 4413 $3,954 4453 $4,830 4473 $5,337 Customer Service Specialist II - Utilities 4423 $4,158 4463 $5,076 4483 $5,610 Customer Service Specialist III - Utilities 4443 $4,594 4483 $5,610 4503 $6,197 Engineering Aide 4421 $4,118 4461 $5,027 4481 $5,554
Engineering Technician 4451 $4,781 4491 $5,839 4511 $6,449 Env
ironmental Programs Coordinator# 3503 $6,197 3543 $7,567 3563 $8,360 Environmental Programs Inspector2 4464 $5,101 4504 $6,228 4524 $6,882 Event & Rental Services Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Executive Assistant II# 3444 $4,617 3484 $5,636 3504 $6,228 Executive Assistant1 4394 $3,599 4464 $5,101 4484 $5,636 Fleet Supervisor#2 3488 $5,749 3528 $7,019 3548 $7,757
Front of House Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Fund Development Coordinator# 3470 $5,257 3510 $6,418 3530 $7,092 GIS Analyst# 3505 $6,261 3545 $7,642 3565 $8,442
GIS Specialist 4456 $4,904 4496 $5,985 4516 $6,613
GIS Supervisor# 3535 $7,271 3575 $8,873 3595 $9,805
GIS Technician 4436 $4,436 4476 $5,416 4496 $5,985
Human Resources Business Partner# 3433 $4,371 3473 $5,337 3493 $5,898 Human Resources Clerk 4389 $3,511 4429 $4,286 4449 $4,734 Human Resources Technician 4420 $4,096 4460 $5,002 4480 $5,525 Information Technology Analyst I# 3505 $6,261 3545 $7,642 3565 $8,442 Information Technology Analyst II# 3520 $6,747 3560 $8,234 3580 $9,096 Information Technology Specialist I 4456 $4,904 4496 $5,985 4516 $6,613 Information Technology Specialist II 4471 $5,284 4511 $6,449 4531 $7,127 Information Tech Operations Supvr.# 3535 $7,271 3575 $8,873 3595 $9,805 Information Technology Technician 4411 $3,917 4451 $4,781 4471 $5,284 Rancho Cucamonga City Employees Association
Salary Schedule
January 1, 2025
Minimum Control Point Maximum
Monthly Pay Ranges Effective January 1, 2025
Resolution No. 2024-108
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
Lead Park Ranger 4421 $4,118 4461 $5,027 4481 $5,554
Librarian I 4435 $4,416 4475 $5,390 4495 $5,955
Librarian II# 3457 $4,927 3497 $6,015 3517 $6,647
Library Assistant I 4373 $3,239 4413 $3,954 4433 $4,371 Library Assistant II 4414 $3,977 4454 $4,854 4474 $5,363 Library Clerk 4356 $2,978 4396 $3,635 4416 $4,015
Library Technician 4393 $3,580 4433 $4,371 4453 $4,830
Maintenance Supervisor#2 3488 $5,749 3528 $7,019 3548 $7,757 Management Aide 4440 $4,527 4480 $5,525 4500 $6,105
Management Analyst I# 3470 $5,257 3510 $6,418 3530 $7,092 Management Analyst II# 3498 $5,925 3538 $7,381 3558 $8,153 Management Analyst III# 3515 $6,579 3555 $8,031 3575 $8,873 Office Services Clerk 4369 $3,716 4409 $3,878 4429 $4,286 Patron & Events Supervisor# 3480 $5,525 3520 $6,747 3540 $7,454 Payroll Supervisor# 3470 $5,257 3510 $6,418 3530 $7,092 Planning Specialist 4443 $4,594 4483 $5,610 4503 $6,197 Planning Technician 4423 $4,158 4463 $5,076 4483 $5,610 Plans Examiner I 4474 $5,363 4514 $6,548 4534 $7,234
Plans Examiner II# 3488 $5,749 3528 $7,019 3548 $7,757
Procurement Business Partner 4411 $3,917 4451 $4,781 4471 $5,284 Procurement Clerk 4374 $3,258 4414 $3,977 4434 $4,394
Public Services Technician I 4413 $3,954 4453 $4,830 4473 $5,337 Public Services Technician II 4423 $4,158 4463 $5,076 4483 $5,610 Public Services Technician III 4443 $4,594 4483 $5,610 4503 $6,197 Public W
orks Inspector I2 4444 $4,617 4484 $5,636 4504 $6,228
Public Works Inspector II2 4464 $5,101 4504 $6,228 4524 $6,882 Records Clerk 4358 $3,006 4398 $3,671 4418 $4,056
Records Coordinator 4386 $3,456 4426 $4,222 4446 $4,664 Risk Management Coordinator# 3470 $5,257 3510 $6,418 3530 $7,092 Safety Officer# 3515 $6,579 3555 $8,031 3575 $8,873
Senior Account Clerk 4395 $3,617 4435 $4,416 4455 $4,878 Senior Account Technician 4446 $4,664 4486 $5,695 4506 $6,292 Senior Accountant# 3498 $6,045 3538 $7,381 3558 $8,153
Senior Animal Care Supervisor# 3461 $5,027 3501 $6,137 3521 $6,780 Senior Animal Services Officer# 3461 $5,027 3501 $6,137 3521 $6,780 Senior Building Inspector#2 3484 $5,636 3524 $6,882 3544 $7,603 Senior Business License Clerk 4398 $3,671 4438 $4,481 4458 $4,952 Senior Community Improvement Officer# 3461 $5,027 3501 $6,137 3521 $6,780 Rancho Cucamonga City Employees Association
Salary Schedule
January 1, 2025
Minimum Control Point Maximum
Monthly Pay Ranges Effective January 1, 2025
Resolution No. 2024-108
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
Senior Electrician # 3485 $5,666 3525 $6,917 3545 $7,642 Sr Environmental Compliance Inspector 4485 $5,666 4526 $6,950 4546 $7,681 Senior GIS Analyst # 3520 $6,747 3560 $8,234 3580 $9,096 Sr Human Resources Business Partner# 3498 $6,045 3538 $7,381 3558 $8,153 Senior Information Technology Analyst# 3535 $7,271 3575 $8,873 3595 $9,805 Senior Information Technology Specialist# 3493 $5,898 3533 $7,200 3553 $7,953 Senior Librarian# 3468 $5,206 3508 $6,355 3528 $7,019
Senior Park Planner# 3500 $6,105 3540 $7,454 3560 $8,234 Senior Plans Examiner# 3503 $6,197 3543 $7,567 3563 $8,360 Senior Procurement Technician# 3463 $5,076 3503 $6,197 3523 $6,848 Senior Public Services Technician# 3463 $5,076 3513 $6,514 3523 $6,848 Senior Risk Management Analyst# 3515 $6,579 3555 $8,031 3575 $8,873 Senior Veterinary Technician# 3461 $5,027 3501 $6,137 3521 $6,780 Special Districts Analyst# 3498 $6,045 3538 $7,381 3558 $8,153 Supervising Public Works Inspector#2 3494 $5,925 3534 $7,234 3554 $7,992 Supervising Traffic Systems Specialist#2 3502 $6,166 3542 $7,529 3562 $8,317 Theater Production Coordinator 4460 $5,002 4500 $6,105 4520 $6,747 Theater Production Supervisor# 3480 $5,525 3520 $6,747 3540 $7,454 Theatre Technician III 4423 $4,158 4463 $5,076 4483 $5,610 Utilities Operation Supervisor# 3515 $6,579 3555 $8,031 3575 $8,873 Utility Marker 4464 $5,101 4504 $6,228 4524 $6,882
Veterinary Assistant 4407 $3,840 4447 $4,688 4467 $5,178 Veterinary Technician 4437 $4,461 4477 $5,445 4497 $6,015
2. Refer to MOU for provision of boot allowance.
# Denotes
Supervisory/Professional Class. Per City Policy, Exempt positions will be hired at a minimum of Step #3487, $5,723 per month.
1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off can be s
ubstituted in lieu of $50 at the option of the employee.
Rancho Cucamonga City Employees Association
Salary Schedule
January 1, 2025
Class Title Step Amount Step Amount Step Amount
Electrician 5457 $5,024 5497 $6,132 5517 $6,777
Equipment Operator 5425 $4,283 5465 $5,229 5485 $5,777
Inventory Specialist Equipment/Mat 5389 $3,579 5429 $4,369 5449 $4,827 Lead Maintenance Worker 5429 $4,369 5469 $5,334 5489 $5,893 Lead Mechanic 5440 $4,617 5480 $5,633 5500 $6,225
Maintenance Coordinator 5452 $4,900 5492 $5,980 5512 $6,610 Maintenance Worker 5391 $3,615 5431 $4,412 5451 $4,874
Mechanic 5430 $4,391 5470 $5,360 5490 $5,923
Senior Maintenance Worker 5401 $3,797 5441 $4,638 5461 $5,124 Signal & Lighting Coordinator 5479 $5,607 5519 $6,844 5539 $7,562 Signal & Lighting Technician 5452 $4,900 5492 $5,980 5512 $6,610 Minimum Control Point Maximum
Resolution No. 202108
PUBLIC WORKS MAINTENANCE EMPLOYEES
Represented By
THE TEAMSTERS LOCAL 1932
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective JDQXDU\
Teamsters Local 1932 Salary Schedule
JDQXDU\ 1, 202
Hourly Pay Ranges Effective January 1, 2025
Part Time Positions Step Amount Step Amount Step Amount Account Clerk 6376 $16.52 6416 $20.16 6463 $25.49
Account Technician 6423 $20.88 6463 $25.49 6511 $32.38
Accountant 6465 $25.74 6505 $31.43 6553 $39.93
Administrative Assistant 6376 $16.52 6416 $20.16 6457 $24.73 Administrative Intern 6376 $16.52
Animal Behavior Specialist 6388 $17.54 6428 $21.41 6467 $27.19 Animal Care Attendant 6376 $16.52 6416 $20.16 6427 $22.39 Animal Caretaker 6378 $16.69 6418 $20.36 6457 $25.87
Animal Rescue Specialist 6388 $17.54 6428 $21.41 6467 $27.19 Animal Services Dispatcher 6376 $16.52 6409 $19.47 6448 $24.73 Animal Services Officer 6441 $22.84 6481 $27.88 6500 $32.06 Assistant Engineer 6488 $28.88 6528 $35.25 6567 $48.50
Assistant Planner 6468 $26.13 6508 $31.90 6546 $39.73
Associate Engineer 6518 $33.53 6558 $40.94 6567 $56.33
Associate Planner 6487 $28.73 6527 $35.07 6566 $44.56
Box Office Assistant 6376 $16.52 6416 $20.16 6400 $18.62 Box Office Specialist* 6376 $16.52
Budget Analyst 6498 $30.35 6538 $37.05 6593 $51.24
Building Inspector 6464 $25.61 6504 $31.27 6528 $35.96
Business License Clerk 6378 $16.69 6418 $20.36 6457 $25.87 Business License Technician 6408 $19.37 6448 $23.65 6487 $30.05 Community Improvement Officer I 6421 $20.67 6461 $25.23 6500 $32.06 Community Improvement Officer II 6441 $22.84 6481 $27.88 6520 $35.42 Community Programs Coordinator 6450 $23.89 6490 $29.16 6529 $37.05 Community Programs Specialist 6437 $22.39 6477 $27.33 6516 $34.72 Community Services Coordinator 6450 $23.89 6490 $29.16 6534 $37.05 Community Services Specialist 6378 $16.68 6418 $20.36 6438 $22.50 Community Services Supervisor 6480 $27.75 6520 $33.87 6559 $43.03 Community Services Technician 6437 $22.39 6477 $27.33 6516 $34.72 Customer Care Assistant 6376 $16.50 6416 $20.16 6448 $24.73 Customer Service Specialist I - Utilities 6436 $22.27 6476 $27.19 6501 $30.80 Customer Service Specialist II - Utilities 6446 $23.41 6486 $28.58 6511 $32.38 Customer Service Specialist III - Utilities 6466 $25.87 6506 $31.58 6531 $35.78 Day Custodian 6391 $17.79
Department Director 6562 $41.76 6672 $72.29 6728 $95.58 Department Manager 6525 $34.73 6565 $42.39 6634 $59.81
Deputy City Clerk 6430 $21.62 6470 $26.40 6518 $33.53
Division Supervisor 6416 $20.16 6456 $24.62 6554 $40.13 Resolution No. 2024-108
Minimum Control Point Maximum
PART-TIME CITY POSITIONS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Part Time City Positions Salary Schedule
January 1, 2025
Hourly Pay Ranges Effective January 1, 2025
Part Time Positions Step Amount Step Amount Step Amount Resolution No. 2024-108
Minimum Control Point Maximum
PART-TIME CITY POSITIONS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Electrician 6457 $24.74 6497 $30.20 6549 $39.14
Energy Efficiency Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Engineering Aide 6421 $20.67 6461 $25.24 6509 $32.06
Engineering Intern 6376 $16.52
Engineering Technician 6441 $22.84 6481 $27.88 6539 $37.23 Environmental Resources Intern* 6376 $16.52
Equipment Operator 6425 $21.09 6465 $25.75 6517 $33.36
Executive Assistant 6394 $18.07 6434 $22.06 6512 $32.54 Executive Assistant II 6467 $26.00 6507 $31.74 6532 $35.96 Fund Development Coordinator 6514 $32.87 6554 $40.13 6558 $40.94 GIS Intern 6376 $16.52
GIS Programmer/Analyst 6456 $24.61 6496 $30.05 6593 $48.74 GIS Technician 6436 $22.28 6476 $27.20 6524 $34.55
Healthy Cities Coordinator 6376 $16.52 6416 $20.16 6422 $20.78 Human Resources Clerk 6389 $17.62 6429 $21.51 6477 $27.33 Human Resources Technician 6399 $18.52 6439 $22.61 6508 $31.90 Lead Mechanic 6440 $22.73 6480 $27.75 6532 $35.96
Librarian I 6449 $23.77 6489 $29.01 6523 $34.38
Library Assistant I 6387 $17.44 6427 $21.30 6461 $25.23 Libr
ary Assistant II 6428 $21.40 6468 $26.13 6502 $30.96
Library Clerk 6376 $16.52 6416 $20.16 6444 $23.18
Library Director/SIF Trainer 6600 $50.48 6640 $61.63 6706 $85.65 Library Page 6376 $16.52 6379 $16.77 6382 $17.02
Library Technician 6407 $19.27 6447 $23.53 6481 $27.88
Maintenance Technician 6376 $16.52 6389 $17.62 6402 $18.80 Management Aide 6440 $22.73 6480 $27.75 6528 $35.25
Management Analyst I 6470 $26.40 6520 $33.87 6558 $40.94 Management Analyst II 6498 $30.35 6538 $37.05 6586 $47.07 Management Analyst III 6529 $35.42 6569 $43.24 6603 $51.24 Mechanic 6430 $21.62 6470 $26.40 6522 $34.21
Meter Technician 6487 $28.73 6527 $35.07 6537 $36.86
Office Services Clerk 6376 $16.52 6416 $20.16 6457 $24.73 Office Specialist I 6376 $16.52 6379 $16.77 6382 $17.02 Office Specialist II 6376 $16.52 6389 $17.62 6402 $18.80 Outreach Technician* 6376 $16.52
Park Ranger 6400 $18.62 6412 $19.77 6424 $20.98
Planning Aide 6376 $16.52
Planning Manager 6583 $46. 37 6623 $56.62 6667 $70.51
Part Time City Positions Salary Schedule
January 1, 2025
Hourly Pay Ranges Effective January 1, 2025
Part Time Positions Step Amount Step Amount Step Amount Resolution No. 2024-108
Minimum Control Point Maximum
PART-TIME CITY POSITIONS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Plans Examiner I 6474 $26.92 6514 $32.87 6562 $47.76
Principal Management Analyst 6557 $40.73 6597 $49.73 6627 $57.75 Principal Engineer 6567 $42.82 6607 $52.27 6672 $72.29
Program Specialist 6376 $16.52
Public Services Technician I 6413 $19.86 6453 $24.25 6501 $30.80 Public Services Technician II 6423 $20.88 6463 $25.49 6511 $32.38 Public Services Technician III 6443 $23.07 6483 $28.16 6531 $35.78 Public Works Inspector I 6444 $23.19 6484 $28.31 6532 $35.96 Public Works Inspector II 6464 $25.62 6504 $31.27 6552 $39.73 Purchasing Clerk 6376 $16.52 6416 $20.16 6418 $20.37
Receptionist 6376 $16.52 6384 $17.19 6392 $17.89
Records Clerk 6376 $16.52 6416 $20.16 6446 $23.41
Records Coordinator 6376 $16.52 6416 $20.16 6474 $26.92 Recreation Leader II 6376 $16.52 6388 $17.54 6400 $18.62 Secretary 6394 $18.07 6434 $22.06 6444 $23.18
Senior Accountant 6498 $30.35 6538 $37.05 6586 $47.07
Senior Civil Engineer 6543 $37.99 6583 $46.37 6663 $69.11 Senior Information Technology Analyst 6558 $40.94 6598 $49.97 6623 $56. 61 Signal and Lighting Technician 6452 $24.12 6492 $29.46 6544 $38.17 Theater Production Coordinator 6488 $28.87 6528 $35.25 6548 $38.94 Theatre Technician I 6388 $17.54 6400 $18.62 6412 $19.77 Theatre Technician II 6407 $19.28 6419 $20.47 6431 $21.73 Veterinarian 6579 $45.46 6619 $55.50 6663 $69.11
Veterinary Assistant 6407 $19.27 6447 $23.52 6495 $29.90 Veterinary Technician 6437 $22.40 6477 $27.33 6525 $34.72 * S
ingle Step
Part Time City Positions Salary Schedule
January 1, 2025
RESOLUTION NO. FD 2024-025
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
RANCHO CUCAMONGA, CALIFORNIA, APPROVING UPDATED
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
SALARY SCHEDULES FOR FISCAL YEAR 2024-2025
W
HEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays , and other policies for employees of the Rancho Cucamonga Fire Protection District; and W
HEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits, and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and W
HEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, additions and deletions of classifications, benefits, and other terms of employment; and
N
OW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to a pprove the attached Rancho Cucamonga Fire Protection District Salary Schedules (Exhibit A).
PA
SSED, APROVED AND ADOPTED this ______ day of ___________, 2024.
ATTACHMENT 2
Resolution No. FD 2024-025
A BCDEF
FIRE CHIEF 100.77 105.82 111.10 116.65 122.48 128.61 Hourly 8,061.91 8,465.54 8,888.32 9,331.91 9,798.79 10,288.98 Bi-Weekly 17,467.47 18,342.01 19,258.03 20,219.14 21,230.72 22,292.79 Monthly FIRE DEPUTY CHIEF 88.53 92.97 97.61 102.50 107.62 113.00 Hourly 7,082.67 7,437.38 7,809.03 8,200.29 8,609.36 9,039.83 Bi-Weekly 15,345.78 16,114.33 16,919.57 17,767.29 18,653.62 19,586.30 Monthly FIRE BATTALION CHIEF 54.07 56.77 59.60 62.59 65.71 Hourly (56 Hour Workweek) 6,055.65 6,358.26 6,675.70 7,010.20 7,359.99 Bi-Weekly 13,120.58 13,776.23 14,464.02 15,188.77 15,946.65 Monthly FIRE BATTALION CHIEF 75.70 79.48 83.45 87.63 92.00 Hourly (40 Hour Workweek) 6,055.65 6,358.26 6,675.70 7,010.20 7,359.99 Bi-Weekly 13,120.58 13,776.23 14,464.02 15,188.77 15,946.65 Monthly FIRE MARSHAL 81.19 85.25 89.50 93.99 98.68 Hourly
6,495.29 6,819.87 7,160.36 7,519.14 7,894.33 Bi-Weekly
14,073.14 14,776.38 15,514.11 16,291.48 17,104.37 Monthly FIRE BUSINESS MANAGER 55.72 58.50 61.43 64.50 67.72 71.11 Hourly 4,457.22 4,680.32 4,914.34 5,159.89 5,417.80 5,688.49 Bi-Weekly 9,657.31 10,140.69 10,647.73 11,179.75 11,738.57 12,325.05 Monthly BC TRAINING OFFICER/SPECIAL ASSIGNMENT STIPEND (11% of 40 hr BC Current Step) 40 Hour Workweek 8.33 8.74 9.18 9.64 10.12 Hourly
56 Hour Workweek 5.95 6.24 6.56 6.89 7.23 Hourly
666.12 699.41 734.33 771.12 809.60 Bi-Weekly
1,443.26 1,515.39 1,591.04 1,670.76 1,754.13 Monthly
SALARY SCHEDULE
AS OF JANUARY 4, 2025
FIRE MANAGEMENT EMPLOYEES GROUP
Fire Management Employees Group
Salary Schedule
January 4, 2025
Exhibit A
Resolution No. FD 2024-025
ABCDE
FIRE CAPTAIN 40.23 42.25 44.37 46.58 48.90 Hourly
4,506.22 4,732.20 4,969.11 5,216.96 5,476.96 Bi-Weekly
9,763.48 10,253.11 10,766.42 11,303.42 11,866.74 Monthly FIRE CAPTAIN 40.23 42.25 44.37 46.58 48.90 Hourly
SPECIALIST 4,506.22 4,732.20 4,969.11 5,216.96 5,476.96 Bi-Weekly 9,763.48 10,253.11 10,766.42 11,303.42 11,866.74 Monthly FIRE ENGINEER 34.30 36.00 37.82 39.70 41.69 Hourly
3,841.65 4,032.40 4,235.29 4,446.69 4,669.02 Bi-Weekly
8,323.57 8,736.86 9,176.47 9,634.50 10,116.22 Monthly
FIREFIGHTER 29.96 31.46 33.04 34.69 36.43 Hourly
3,355.67 3,523.34 3,700.72 3,885.39 4,079.78 Bi-Weekly
7,270.62 7,633.89 8,018.22 8,418.35 8,839.52 Monthly
FIELD TRAINING OFFICER 56.32 59.14 62.08 65.18 68.45 Hourly (40 hour Workweek) 4,505.70 4,731.33 4,966.51 5,214.71 5,475.92 Bi-Weekly 9,762.36 10,251.22 10,760.78 11,298.53 11,864.50 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Engr. Step E)
(4
0 Hour Workweek) 2.92 2.92 2.92 2.92 2.92 Hourly
(56 Hour Workweek) 2.08 2.08 2.08 2.08 2.08 Hourly
233.45 233.45 233.45 233.45 233.45 Bi-Weekly
505.81 505.81 505.81 505.81 505.81 Monthly
PARAMEDIC STIPEND (13.92% of Fire Engr. Step E)
(40 Hour Workweek) 8.12 8.12 8.12 8.12 8.12 Hourly
(56 Hour Workweek) 5.80 5.80 5.80 5.80 5.80 Hourly
649.93 649.93 649.93 649.93 649.93 Bi-Weekly
1,408.18 1,408.18 1,408.18 1,408.18 1,408.18 Monthly
FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) (40 Hour Workweek) 6.37 6.37 6.37 6.37 6.37 Hourly
(56 Hour Workweek) 4.55 4.55 4.55 4.55 4.55 Hourly
509.36 509.36 509.36 509.36 509.36 Bi-Weekly
1,103.61 1,103.61 1,103.61 1,103.61 1,103.61 Monthly
TECHNICAL RESCUE STIPEND (5% of Fire Engr. Step E)
(40 Hour Workweek) 2.92 2.92 2.92 2.92 2.92 Hourly
(56 Hour Workweek) 2.08 2.08 2.08 2.08 2.08 Hourly
233.45 233.45 233.45 233.45 233.45 Bi-Weekly
505.81 505.81 505.81 505.81 505.81 Monthly
.
TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Engr. Step E) (40 Hour Workweek) 1.46 1.46 1.46 1.46 1.46 Hourly
(56 Hour Workweek) 1.04 1.04 1.04 1.04 1.04 Hourly
116.73 116.73 116.73 116.73 116.73 Bi-Weekly
252.91 252.91 252.91 252.91 252.91 Monthly
BA, BS, or Fire Officer Certification
(40 Hour Workweek) 1.83 1.83 1.83 1.83 1.83 Hourly
(56 Hour Workweek) 1.31 1.31 1.31 1.31 1.31 Hourly
146.31 146.31 146.31 146.31 146.31 Bi-Weekly
317.00 317.00 317.00 317.00 317.00 Monthly
MA, MS or Chief Officer Certification
(40 Hour Workweek) 2.74 2.74 2.74 2.74 2.74 Hourly
(56 Hour Workweek) 1.96 1.96 1.96 1.96 1.96 Hourly
219.23 219.23 219.23 219.23 219.23 Bi-Weekly
475.00 475.00 475.00 475.00 475.00 Monthly
FIRE UNION
January 4, 2025
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Fire Union Salary Schedule
January 4, 2025
Resolution No. FD 2024-025
AB C DE F
COMMUNICATIONS TECHNICIAN 25.37 26.64 27.97 29.37 30.83 32.38 Hourly 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 2,590.07 Bi-Weekly 4,397.01 4,616.86 4,847.70 5,090.09 5,344.59 5,611.82 Monthly COMMUNITY AFFAIRS SENIOR 30.46 32.00 33.58 35.26 37.02 38.88 Hourly COORDINATOR* 2,436.77 2,560.00 2,686.54 2,820.86 2,961.91 3,110.00 Bi-Weekly 5,279.66 5,546.67 5,820.83 6,111.87 6,417.46 6,738.34 Monthly COMMUNITY OUTREACH 28.09 29.49 30.97 32.52 34.14 35.85 Hourly SPECIALIST 2,247.20 2,359.56 2,477.54 2,601.41 2,731.49 2,868.06 Bi-Weekly 4,868.93 5,112.38 5,368.00 5,636.40 5,918.22 6,214.13 Monthly DEPUTY FIRE MARSHAL 43.27 45.43 47.71 50.09 52.59 55.22 Hourly 3,461.60 3,634.68 3,816.41 4,007.23 4,207.60 4,417.98 Bi-Weekly 7,500.13 7,875.14 8,268.90 8,682.34 9,116.46 9,572.28 Monthly EMERGENCY MANAGEMENT 38.00 39.90 41.89 43.99 46.19 48.50 Hourly COORDINATOR 3,039.81 3,191.80 3,351.39 3,518.96 3,694.91 3,879.65 Bi-Weekly 6,586.25 6,915.56 7,261.34 7,624.41 8,005.63 8,405.91 Monthly EMERGENCY MANAGER 49.04 51.49 54.06 56.77 59.61 62.59 Hourly 3,923.08 4,119.23 4,325.19 4,541.45 4,768.52 5,006.95 Bi-Weekly 8,500.00 8,925.00 9,371.25 9,839.81 10,331.80 10,848.39 Monthly EMERGENCY MEDICAL SERVICE 49.38 51.85 54.44 57.16 60.02 63.02 Hourly ADMINISTRATOR 3,950.49 4,148.01 4,355.41 4,573.18 4,801.84 5,041.93 Bi-Weekly 8,559.39 8,987.36 9,436.73 9,908.56 10,403.99 10,924.19 Monthly EMERGENCY MEDICAL SERVICE 41.14 43.20 45.36 47.63 50.01 52.51 Hourly QUALITY IMPROVEMENT NURSE 3,291.69 3,456.28 3,629.10 3,810.56 4,001.09 4,201.15 Bi-Weekly 7,132.01 7,488.62 7,863.06 8,256.22 8,669.04 9,102.50 Monthly FIRE EQUIPMENT APPRENTICE 19.79 20.78 21.82 22.91 24.06 25.26 Hourly MECHANIC 1,583.51 1,662.69 1,745.82 1,833.11 1,924.77 2,021.01 Bi-Weekly 3,430.95 3,602.49 3,782.62 3,971.75 4,170.34 4,378.85 Monthly FIRE EQUIPMENT LEAD 29.46 30.93 32.48 34.11 35.81 37.60 Hourly MECHANIC 2356.94 2474.78 2598.52 2728.45 2864.87 3008.11 Bi-Weekly 5,106.69 5,362.03 5,630.13 5,911.64 6,207.22 6,517.58 Monthly FIRE EQUIPMENT MECHANIC 26.72 28.05 29.46 30.93 32.48 34.10 Hourly 2137.52 2244.40 2356.62 2474.45 2598.17 2728.08 Bi-Weekly 4,631.29 4,862.86 5,106.01 5,361.31 5,629.37 5,910.84 Monthly
FIRE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
AS OF JANUARY 1, 2025
Fire Support Services Association Salary Schedule
-anuary 1, 2025
Resolution No. FD 2024-025
AB C DE F
FIRE INFORMATION SYSTEMS 24.07 25.27 26.54 27.87 29.26 30.72 Hourly TECHNICIAN 1,925.70 2,021.99 2,123.08 2,229.24 2,340.70 2,457.74 Bi-Weekly 4,172.35 4,380.97 4,600.02 4,830.02 5,071.52 5,325.09 Monthly FIRE PREVENTION SPECIALIST 27.16 28.52 29.95 31.44 33.02 34.67 Hourly INSPECTION I 2,172.93 2,281.58 2,395.66 2,515.44 2,641.22 2,773.28 Bi-Weekly 4,708.02 4,943.43 5,190.60 5,450.13 5,722.63 6,008.76 Monthly FIRE PREVENTION SPECIALIST 29.94 31.44 33.01 34.66 36.40 38.22 Hourly INSPECTION II 2,395.52 2,515.29 2,641.06 2,773.11 2,911.76 3,057.35 Bi-Weekly 5,190.28 5,449.80 5,722.29 6,008.40 6,308.82 6,624.26 Monthly FIRE PREVENTION SUPERVISOR 34.07 35.77 37.56 39.44 41.41 43.48 Hourly 2,725.55 2,861.83 3,004.92 3,155.16 3,312.92 3,478.57 Bi-Weekly 5,905.36 6,200.62 6,510.65 6,836.19 7,178.00 7,536.90 Monthly FIRE SHOP SUPERVISOR 35.34 37.11 38.97 40.92 42.96 45.11 Hourly 2,827.61 2,969.00 3,117.45 3,273.32 3,436.99 3,608.84 Bi-Weekly 6,126.51 6,432.84 6,754.48 7,092.20 7,446.81 7,819.15 Monthly MAINTENANCE OFFICER 36.33 38.15 40.05 42.06 44.16 46.37 Hourly 2,906.43 3,051.75 3,204.34 3,364.56 3,532.79 3,709.43 Bi-Weekly 6,297.27 6,612.13 6,942.74 7,289.88 7,654.37 8,037.09 Monthly MANAGEMENT AIDE 24.99 26.24 27.56 28.93 30.38 31.90 Hourly 1,999.49 2,099.47 2,204.44 2,314.66 2,430.39 2,551.91 Bi-Weekly 4,332.23 4,548.84 4,776.28 5,015.10 5,265.85 5,529.15 Monthly MANAGEMENT ANALYST I* 29.01 30.46 32.00 33.58 35.26 37.02 Hourly 2,320.73 2,436.77 2,560.00 2,686.54 2,820.86 2,961.91 Bi-Weekly 5,028.25 5,279.66 5,546.67 5,820.83 6,111.87 6,417.46 Monthly MANAGEMENT ANALYST II 33.34 35.00 36.75 38.59 40.52 42.55 Hourly 2,666.98 2,800.33 2,940.34 3,087.36 3,241.73 3,403.81 Bi-Weekly 5,778.45 6,067.37 6,370.74 6,689.28 7,023.74 7,374.93 Monthly MANAGEMENT ANALYST III 36.31 38.12 40.03 42.03 44.13 46.34 Hourly 2,904.64 3,049.87 3,202.36 3,362.48 3,530.60 3,707.13 Bi-Weekly 6,293.38 6,608.05 6,938.45 7,285.37 7,649.64 8,032.12 Monthly PLANS EXAMINER - FIRE 33.37 35.04 36.79 38.63 40.57 42.59 Hourly 2,669.90 2,803.39 2,943.56 3,090.74 3,245.28 3,407.54 Bi-Weekly 5,784.78 6,074.02 6,377.72 6,696.61 7,031.44 7,383.01 Monthly
FIRE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
AS OF JANUARY 1, 2025
Fire Support Services Association Salary Schedule
-anuary 1, 2025
Resolution No. FD 2024-025
AB C DE F
PUBLIC EDUCATION 28.09 29.50 30.97 32.52 34.15 35.85 Hourly SPECIALIST 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi-Weekly 4,869.48 5,112.95 5,368.60 5,637.03 5,918.88 6,214.83 Monthly PUBLIC RELATIONS OFFICER 42.12 44.23 46.44 48.75 51.19 53.75 Hourly 3,369.60 3,538.08 3,714.98 3,900.00 4,095.00 4,300.00 Bi-Weekly 7,300.80 7,665.84 8,049.13 8,450.00 8,872.50 9,316.67 Monthly ADMINISTRATIVE ASSISTANT 17.85 18.79 19.78 20.82 21.92 23.07 Hourly 1,428.16 1,503.33 1,582.45 1,665.74 1,753.41 1,845.69 Bi-Weekly 3,094.35 3,257.21 3,428.64 3,609.10 3,799.05 3,999.00 Monthly EXECUTIVE ASSISTANT 22.31 23.48 24.72 26.02 28.83 30.35 Hourly 1,784.58 1,878.50 1,977.37 2,081.44 2,306.38 2,427.69 Bi-Weekly 3,866.58 4,070.08 4,284.30 4,509.79 4,997.15 5,260.00 Monthly EXECUTIVE ASSISTANT II* 25.95 27.31 28.75 30.26 32.00 33.53 Hourly 2,075.64 2,184.88 2,299.87 2,420.92 2,560.00 2,682.46 Bi-Weekly 4,497.21 4,733.91 4,983.06 5,245.33 5,546.67 5,812.00 Monthly *Per Fire District Policy, these positions will be hired at a minimum of $33.00 per hour.
FIRE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
AS OF JANUARY 1, 2025
Fire Support Services Association Salary Schedule
-anuary, 2025
Resolution No. FD 025
ABCDEF
COMMUNICATIONS TECHNICIAN 24.38 25.60 26.88 28.23 29.64 31.12 Hourly EMERGENCY MEDICAL SERVICES 41.14 43.20 45.36 47.62 50.01 52.51 Hourly
QUALITY IMPROVEMENT NURSE
FIRE CLERK (one step) 16.0H ourly
FIRE EQUIPMENT MECHANIC 23.22 24.38 25.60 26.88 28.23 29.64 Hourly FIRE INFORMATION SYSTEMS 23.14 24.29 25.51 26.78 28.12 29.53 Hourly
TECHNICIAN
FIRE PREVENTION ASSISTANT (one step) 16. 0H ourly
TEMPORARY/PART-TIME
FIRE PREVENTION SPECIALIST 24.49 25.72 27.00 28.35 29.77 31.26 Hourly
INSPECTION I
MANAGEMENT AIDE 24.01 25.24 26.53 27.88 29.16 30.62 Hourly MANAGEMENT ANALYST I 27.88 29.31 30.81 32.39 33.87 35.56 Hourly OFFICE SERVICES CLERK 16.85 17.71 18.62 19.57 20.47 21.49 Hourly OFFICE SPECIALIST I 16.50 16. 50 17.09 17.94 18.84 19.78 Hourly OFFICE SPECIALIST II 16.85 17.71 18.62 19.57 20.47 21.49 Hourly PLANS EXAMINER - FIRE 32.08 33.68 35.37 37.13 38.99 40.94 Hourly QUALITY IMPROVEMENT 27.79 29.18 30.64 32.17 33.78 35.47 Hourly
SPECIALIST
FIRE DISTRICT PART-TIME HOURLYSALARY
SCHEDULE AS OF J$18$5<1, 202
Fire District Part-Time Hourly Salary Schedule
JDQXDU\1, 202
DATE: December 18, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services-Utilities SUBJECT: Consideration of Resolution No. 2024-111, Adopting an Updated Renewable Energy Resources Procurement Plan. (RESOLUTION NO. 2024-111) (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the attached resolution adopting the updated Renewable Energy Resources Procurement Plan.
BACKGROUND:
The electric utility industry has increasingly been governed by federal and state legislative efforts to reduce environmental impacts such as climate change and air pollution. These new regulations include the amount of renewable energy used to serve retail electric load, commonly called a Renewable Portfolio Standard (RPS). Non-compliance with these regulations could result in penalties to the City's municipal utility, the Rancho Cucamonga Municipal Utility (RCMU).
On December 21, 2011, the City Council approved Resolution No. 11-183, establishing a Renewable Energy Resource Enforcement Program (Enforcement Program) pursuant to California Senate Bill (SB) X1-2, which established a revised RPS goal and enforcement to be applied to both investor owned utilities (IOUs) and publicly owned utilities (POUs), including RCMU. Under the state’s RPS regulations, RCMU must achieve a minimum "average" 20% RPS between calendar years 2011 and 2013, and then steadily increase the amount to 33% by the end of 2020. The adoption of the Enforcement Program established the preservation of the City Council’s authority to enforce and oversee compliance regarding RCMU’s RPS requirements.
On November 20, 2013, the City Council approved Resolution No. 13-199 and an updated Renewable Energy Resources Procurement Plan (RPS Procurement Plan) which updated the 2011 Enforcement Program.
In 2015, the Clean Energy and Pollution Reduction Act of 2015, Senate Bill 350 (de León) (SB 350), signed into law in October 2015, increased the statewide RPS to 50% by 2030.
In addition to setting RPS targets, SBX1-2 and SB 350 also formed the framework of the RPS Program for all load serving entities, including POUs, which required POUs to adopt and prepare a Procurement Plan and Enforcement Program.
In 2018, SB 100 (de León, 2018) was signed into law, which again increased the RPS to 60% by
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2030 and required that all the state's electricity to come from 100% eligible renewable energy resources and zero-carbon resources by 2045.
On December 2, 2020, the City Council approved Resolution No. 20-129 and an updated RPS Procurement Plan for Compliance Period 3 (2017-2020).
ANALYSIS:
The California Energy Commission (CEC) is the regulatory body that enforces the rules and regulations of the RPS for POU’s. The previously adopted City Council RPS Procurement Plan for RCMU described in detail how RCMU planned to achieve its RPS requirements, consistent with the rules and regulations adopted by the CEC for each of the three (3) compliance periods from 2011 to 2020.
The CEC is requiring that all POU’s revise, update and re-adopt their RPS Procurement Plan for Compliance Period 4 which is from 2021-2024 and a forecast for the next two (2) compliance periods which is from 2025-2030. The attached updated RPS Procurement Plan makes all the necessary changes from the previous approved Plan by updating the new compliance periods, new RPS procurement targets, updated retail sales forecasts and other compliance requirements.
In Compliance Period 4 (2021-2024), the state mandated RPS goal is an average of 40% renewable by the end of CY 2024, which RCMU is expected to meet and exceed. In Compliance Period 5, the state mandated RPS goal is an average 50% renewable by the end of 2027. The 50% requirement is based on RCMU’s forecasted retail sales, which is a fluctuating number that may grow or remain steady over the years based on development activity. Moving towards 2027, RCMU will need another small short-term power contract in the future to meet and exceed the overall 50% renewable requirement, so staff will continue to look at other future opportunities.
RCMU shall strive to procure adequate and eligible supplies of renewable energy resources to meet the updated procurement targets and portfolio content categories as set forth in its RPS Procurement Plan. Consistent with the previously approved RPS Procurement Plan, the updated plan also has an updated cost limitation section which describes the methodology and a not to exceed amount the utility will spend on full compliance. It is the continued goal of RCMU to comply with all the targets set forth in the RPS Procurement Plan at the least cost possible, without placing any risk to the reliability and fiscal health of the electric utility and any disproportionate rate impacts to its customers. In summary, RCMU fully intends to meet all RPS Procurement compliance for the next two compliance periods and beyond. Adoption of the attached RPS Procurement Plan and Resolution would satisfy the requirements as requested by the CEC.
FISCAL IMPACT:
Adoption of the updated RPS Procurement Plan will not result in additional costs incurred by RCMU in meeting the CEC’s compliance standards.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Approval of the Renewable Energy Resources Procurement Plan addresses the City Council’s vision for the City by ensuring compliance to state regulations and building on our success as a world class and sustainable city
ATTACHMENTS:
Attachment 1 – Resolution No. 2024-111
Attachment 2 – RCMU Renewable Energy Resources Procurement Plan