Agenda packet, first session — Upland City Council, January 24, 2022 (part 1 of 2)

U P L A N D C I T Y C O U N C I L

C I T Y O F U P L A N D P A R K I N G A U T H O R I T Y , A N D C I T Y

O F U P L A N D F I N A N C I N G A U T H O R I T Y

A G E N D A
J a n u a ry 2 4 , 2 0 2 2
C ity C ou n ci l C h a mbe r

B I L L V E L T O, M A Y O R

S H A N N A N M A U S T, M A Y O R P R O T E M

J A N I C E E L L I O T T, C O U N C I L M E M B E R
C A R L O S A . G A R C I A , C O U N C I L M E M B E R

R U D Y Z U N I G A , C O U N C I L M E M B E R

M I C H A E L B L A Y , C I T Y M A N A G E R
S T E P H E N P . D E I T S C H , C I T Y A T T O R N E Y

D I S R U P T I O N O F M E E T I N G S
I n d ivid uals wh o d em onstrate d isru p tive cond uct d urin g C ity C ou ncil m eetin g s th at p revent th e C ity C oun cil from cond ucting its m eeting in an ord erly m ann er are g u ilty of a m isd em ean or as stated in P C 40 3, d isru p tin g a p ub lic m eeting , and are sub ject to rem oval from th e ch am b er or arrest.
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5 :0 0 P M - C losed S ession

1.C A L L T O O R D E R A N D R O L L C A L L

2.A D D I T I O N S -D E L E T I O N S T O A G E N D A

3.O R A L C O M M U N I C A T I O N S
T his is a tim e for an y citizen to c om m en t on it em l is ted on th e cl osed session ag end a on ly. A n yon e wish in g to ad d ress t he leg is lat ive b od y is req u est ed to sub m it a sp eaker card t o th e C ity C l erk at or p rior to sp eaking . T h e sp eakers are req u ested to keep th eir com m en ts to n o m ore t h an th ree (3 ) m inu tes. Th e use of visu al aid s w ill b e in clud ed in the tim e lim it.

4.C L O S E D S E S S I O N
A .C LO S E D S E S S I O N C O N F E R E N C E W I T H L E G A L C O U N S E L -

A N T I C I PA T E D L I T I G A T I O N
G overn m en t C od e S ection 54 95 6.9 (d )(2 ) - one p oten tial case * * * * * * * * * * * *
7:00 P M

5.I N V O C A T I O N
M ike I ng ram , C h ristian S cien ce Faith

6.P L E D G E O F A L L E G I A N C E

7.P R E S E N T A T I O N S
U p land C om m u nity Resource C enter C om m un ity A ssistance P resen tation C ertificate of Recog n ition t o Up lan d Poli ce D ep artm en t b y U p land U ni fied S chool D istrict

8.C I T Y A T T O R N E Y

9.O R A L C O M M U N I C A T I O N S
T his i s a t im e for an y ci ti zen t o com m ent on an y it em li st ed or n ot li st ed on th e ag end a. A nyon e wi sh in g to ad d res s the leg islat ive b od y i s req u es ted t o su b m it a sp eaker card t o th e C i ty C lerk at or p rior to s p eaki n g . T h e sp eakers are req u ested t o keep th eir com m en ts to no m ore t h an three (3) m in u t es. S p eakers will b e g iven fi ve (5 ) m inu tes d u ri n g p ub lic h eari ng s. T h e use of visu al ai d s will b e i n c lu d ed in th e t im e li m i t. P ub li c com m ents an d q u est ion s for t h e p urp ose of h earing curren t m at ters of con cern in ou r com m u n i ty an d to p rovid e c it izen s a m eth od for th e p ub li c to h ear th ose con cerns in an op en ven u e is encourag ed .

H owever, u n d er t he p rovisions of t he B rown A ct , th e C ity C ou n c il is p rohib ited from d iscu ssion of it em s n ot listed on t he ag end a, and th erefore, th e C ity C oun cil, C ity M an ag er, or C it y A tt orn ey w il l t ake com m u n i cat ion s un d er ad visem en t for consid eration an d ap p rop riate resp on s e or d i sc u s si on at a later tim e.

10.C O N S E N T C A L E N D A R
A ll m at ters list ed u n d er th e C onsent C al en d ar are c on s id ered t o b e rou ti ne and will b e en act ed b y on e roll call vot e. T h ere w i ll b e no sep arat e d is cu ss ion of these i tem s u n l ess m em b ers of t h e l eg i sl ati ve b od y req uest sp ecific item s b e rem oved from th e C on sen t C alen d ar for sep arate action.

A .A P P R O V A L O F M I N U T E S
A p p rove t he Reg u lar M eet in g M i n u tes of J an u ary 1 0, 20 22 . (S taff Person :

Keri J oh nson)
B.A C C E P TA N C E O F B O A R D O F S U P E R V I S O R S D I S C R E T I O N A R Y F U N D

A L LO C A T I O N F R O M S U P E R V I S O R R U T H E R F O R D A ccep t $5 35 ,00 0 in fu n d i n g from t h e C oun ty of S an B ern ard in o th rou g h S u p ervisor Ru th erford 's allocation of the B oard of S u p ervisors D iscretionary F u nd - D is tric t S p ecific P riorit ies P rog ram for u p g rad es to M ag n olia Recreation C ent er, and M ag nol ia and G reen b el t Parks; an d ratify th e C ity

M an ag er's accep tan ce of $50 ,00 0 of fu nd in g from the C ou nty of S an B ernard ino t h rou g h S u p ervis or Ru t h erford 's al loc ati on of t he B oard of S u p ervisors D is creti on ary F u n d - D i st ri ct S p ecific P riorit ies P rog ram for up g rad es to M ag n olia Recreation C enter. (S taff Person : S tep h en Parker) C .A T H L E T I C F A C I L I T I E S P O L I C Y A N D P R O C E D U R E S U P D A T E A p p rove th e p rop osed chan g es t o the At h l eti c Faci li ti es Policy and P roced ures M an ual (form erly S p orts F ield Policy H an d b ook). (S taff Person: S tep hen Parker)
D.A P P R O V E T H E D O W N W A R D R E C L A S S I F I C A T I O N O F B U I L D I N G

I N S P E C TO R I I P O S I T I O N TO B U I L D I N G I N S P E C TO R I A p p rove the d own w ard reclassification of an existing B uild in g I n sp ector I I p osition to B uild in g I nsp ector I . (S taff Person : S tep h en Parker) E .A P P R O V E A N A G R E E M E N T W I T H C O M P L E T E PA P E R L E S S S O L U T I O N S

F O R A N E N T E R P R I S E C O N T E N T M A N A G E M E N T S O F T W A R E - A R PA

F U N D S
A p p rove an ag reem ent w ith C om p lete Pap erless S olu tions to p urch ase an enterp rise con ten t m an ag em ent system , authorize the C ity M an ag er to execu te th e ag reem ent, an d ap p rove th e u se of $13 6,0 68 in A m erican Rescue P lan A ct (A R PA ) fun d s. (S taff Person: S tep hen Parker) F.A P P R O V E T H E E S TA B L I S H M E N T O F A PA R T-T I M E C O M M U N I C A T I O N S

I N F O R M A T I O N S P E C I A L I S T
A p p rove th e job sp ecification for a C om m un ications I n form ati on S p ecialist p osition and ap p rove a b u d g et ad justm ent of $1 5,7 53 for t he fu n d in g of a p art-tim e em p loyee. (S taff Person : S tep h en Parker) G .C O N S I D E R A T I O N O F A R E S O L U T I O N O F T H E C I T Y C O U N C I L A U T H O R I Z I N G T H E S U B M I TTA L O F T H E S B 1 38 3 LO C A L A S S I S TA N C E

G R A N T A P P L I C A T I O N
A d op t a Resolu tion au t h orizin g t he su b m it tal of an ap p li cat ion for th e S B 13 83 L ocal A ssistan ce G rant P rog ram an d au th orizing th e C ity M an ag er to execu te all d ocu m en ts related th ereto. (S taff Person: B rad en Yu )

11.P U B L I C H E A R I N G S

12.C O U N C I L C O M M I T T E E R E P O R T S
A .P U B L I C W O R K S C O M M I TT E E M E E T I N G , J A N U A R Y 1 1, 2 02 2 Th e C om m it tee C hairp erson will rep ort on th e m eeti n g . T h i s i s an in form ation item only.

13.B U S I N E S S I T E M S
A .D I S C U S S I O N A N D D I R E C T I O N O N E S TA B L I S H I N G A P O L I C Y

R E G A R D I N G R E V E N U E G E N E R A T E D F R O M L E A S E S O N C I T Y PA R K

P R O P E RT Y A N D R E S T R I C T I N G I T S U S E TO T H E PA R K C O N TA I N I N G

T H E L E A S E
P rovid e d irection to staff reg ard in g a p oten tial p olicy for reven ue g enerated from leases on C ity Park p rop erty. (S taff Person : Rob ert D alq u est) B.F O R M A T I O N O F T H E C I T Y O F U P L A N D F I N A N C I N G A U T H O R I T Y I t is recom m end ed that each th e C ity C oun cil an d U p land Parking A u th ority ad op t resolu tions estab lish in g th e C ity of Up lan d F inan cing A u th ority; and each of the Parki n g A u th ority an d th e F in anc in g A uthority ad op t res olu ti on s ap p rovi ng th e B ylaw s , ap p oin ti ng officers and estab lishing reg u lar m eeti ng d ates . A fter th e resol ut ion s are ad op ted th e J oint Pow ers ag reem en t shou ld b e sig ned . (S taff Person: S tep hen Parker)

1. Th e C ity C oun cil of the C ity of Up lan d consid ers a Resolution estab lishing th e C ity of U p land F inan cing A u th ority.

2. Th e B oard of th e U p lan d Parkin g A u th ori ty c ons id ers a Resolution ad op ting b ylaw s , ap p oin ti n g offic ers and est ab lishing reg ular m eeting d ates, an d con sid ers a Resolut ion es tab li sh in g t he C i ty of U p land F inan cing A u th ority.

3. Th e B oard of th e C ity of U p land F i nan ci ng A uthority con si d ers th e resolu tion ad op ti n g th e B ylaw s, ap p oin ti n g offic ers and estab lishing reg ular m eeting d ates.

14.C O U N C I L C O M M U N I C A T I O N S

15.C I T Y M A N A G E R

16.A D J O U R N M E N T
T he C it y C ou nc il w il l ad jou rn in m em ory of Rom an "Roach " Foron d a, a lon g tim e m em b er of th e com m un it y an d fou n d in g m em b er of t h e loc al b an d B ackstreet.

T he n ext reg ularly sc h ed u l ed C ity C oun ci l m eetin g i s M on d ay, Feb ru ary 14 , 2 02 2
N O T E : I f yo u cha l l e ng e t h e p u b l i c h e a ri ng (s ) o r t he re l a t e d e nvi ro nm e n t a l d e t e rm i na t i o ns i n co u rt , yo u m a y b e l i m i t e d t o ra i s i n g o nl y t h o s e i s s ue s yo u o r s o m e o n e e l s e ra i s e d a t t h e p ub l i c h e a ri ng d e s cri b e d i n t h i s no t i ce , o r i n w ri t t e n co rre s p o nd e nce d e l i ve re d t o t he C i t y o f U p l a nd , a t , o r p ri o r t o , t he p ub l i c he a ri n g .

A l l A g e n d a i t e m s a n d b a ck-u p m a t e ri a l s a re a va i l a b l e f o r p u b l i c re vi e w a t t h e U p l a nd P ub l i c L i b ra ry, d o w n s t a i rs re f e re n ce d e s k a t 4 5 0 N o rt h E ucl i d A ve nue , t h e C i t y C l e rk's O f f i ce a t 460 N o rt h E ucl i d A ve nue a nd t h e C i t y w e b s i t e a t w w w.u p l a nd ca .g o v.

I n co m p l i a n ce w i t h t h e A m e ri ca n s w i t h D i s a b i l i t i e s A ct , i f yo u n e e d s p e ci a l a s s i s t a nce t o p a rt i ci p a t e i n t hi s m e e t i n g , p l e a s e co n t a ct t h e C i t y C l e rk's O f f i ce , 931-4 1 2 0 . N o t i f i ca t i o n 48 h o u rs p ri o r t o t h e m e e t i n g w i l l e n a b l e t he C i t y t o m a ke re a s o n a b l e a rra n g e m e n t s t o e n s ure a cce s s i b i l i t y t o t h i s me e t i ng . [2 8 C F R 3 5 .1 0 2 -35.104 A D A T i t l e I I ] P O S T I N G S T A T E M E N T : O n J a nua ry 1 9 , 2 0 2 2 a t rue a nd co rre ct co p y o f t h i s a g e n d a w a s p o s t e d o n t he b ul l e t i n b o a rd s a t 450 N . E ucl i d A ve nue (U p l a n d P ub l i c L i b ra ry) a n d 4 6 0 N . E u cl i d Ave n u e (U p l a nd C i t y H a l l ) a n d t he C i t y w e b s i t e a t w w w.up l a n d ca .g o v.

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S T A F F R E P O R T
I T E M N O . 10.B .

D A T E :J an uary 24 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , A S S I S TA N T C I T Y M A N A G E R

J E S S I C A G A N D A R A , R E C R E A T I O N M A N A G E R S U B J E C T :A C C E P TA N C E O F B O A R D O F S U P E R V I S O R S D I S C R E T I O N A RY

F U N D A L LO C A T I O N F R O M S U P E R V I S O R R U T H E R F O R D

R E C O M M E N D E D A C T I O N
I t is rec om m en d ed th at t he C it y C oun cil ac cep t $5 3 5 ,0 0 0 in fu nd in g from th e C ou nt y of S an B ernard ino th rou g h S u p ervis or Ru th erford 's allocation of th e B oard of S up ervisors D iscretionary F u n d - D is tric t S p ecific P riorit ies P rog ram for u p g rad es to M ag n oli a Recreation C en ter, an d M ag nol ia an d G reen b elt Parks; an d rat ify the C ity M an ag er's ac cep tan ce of $5 0,0 00 of fu n d i n g from the C oun ty of S an B ernard ino t hroug h S u p ervi sor Ru th erford 's allocation of t h e B oard of S u p ervisors D iscretionary F u nd - D i st ri ct S p eci fic P riorit ies P rog ram for u p g rad es to M ag nolia Recreation C en ter.

G O A L S T A T E M E N T
C ity’s g oal of seeking altern ate fu nd in g sources for C ity p u rchases.

B A C K G R O U N D
Th e M ag n ol ia Recreati on C en ter was constructed in 19 84 an d h ost ed cl asses, p rog ram s, an d events for m an y years. I n th e s p rin g of 2 0 1 7 , the facility closed for u se d u e t o a severe m old issu e. O ver t h e c ou rse of th e next few years , m u ch work w as d one t o th e faci li ty i n c lu d i n g a com p lete office rem od el, n ew floorin g in the h alls, an d solar p an els on the roof.

W hile th e work com p leted an d reop en i n g of t he faci li ty h ave h ad p os it ive im p acts to th e C ity, ad d ition al p rojects are n eed ed to com p lete th e facility's u p g rad es.

I n D ecem b er 20 21 , th e Recreati on an d C om m u n it y S ervic es D i vis ion su b m it ted a req u es t to S an B ern ard in o C oun ty S u p ervis or Ru t h erford 's office for fu nd in g to m ake u p g rad es t h e the M ag nolia Recreati on C enter, an d M ag nolia Park im p rovem ents and M ag nolia and G reen b elt

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Park restroom s. S taff req u ested fu nd in g to com p lete the following p rojects:

A d d itional Tab les and C h airs
Up g rad ed A u d io/V isu al System s
Rep laced S lid in g G lass D oors
W in d ow/D oor Tintin g
C on version of L oun g e to S taff Workstations
E xterior Pain t
O utd oor E ntertain m en t S tag e
Two (2 ) Park P icnic S had e S tru ctures
E p oxy F loors/Walls in E ig h t (8 ) Restroom s

I S S U E S /A N A L Y S I S
Th e p rop osed p roject s will en h an ce t h e ext eri or aesth etics of M ag n oli a Recreation C enter, enh ance rent al sp ace with in t he faci li ty an d p ark, create an ou t d oor ent ert ain m en t st ag e, an d exp an d worksp aces for em p loyees. A d d i ti onal ly, th e p u b l ic rest room s at M ag n oli a Park an d G reen b elt Park w ill b e enh anced with p lacing an ep oxy on the flooring and w alls.

F I S C A L I M P A C T S
I n crease the b ud g et in F u nd 21 7 t o accoun t for th e sp end in g of the tw o g rants totalin g $5 85 ,00 0:

F u nd in g for C on tract #22 01 11 ($5 0,0 00 ) exp ires 6/3 0/2 2.

F u nd in g for C on tract #22 01 25 ($5 35 ,00 0) exp ires 1 /24 /23 .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Contract - $535,000
Contract - $50,000

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Standard Contract Page 1 of 25

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Board of Supervisors

Department Contract Representative Stephenie Shea
Telephone Number 909-387-4919

Contractor City of Upland
Contractor Representative Michael Blay
Telephone Number 909-931-4106
Contract Term 1/25/22-1/24/23
Original Contract Amount $535,000
Amendment Amount
Total Contract Amount $535,000
Cost Center 1022001000

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and

WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,

WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and

WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, San Bernardino County (County) desires to provide funding for improvements for the City of Upland’s (Contractor) Magnolia Park and Greenbelt Park, and Magnolia Recreation Center; and Contract Number

SAP Number

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WHEREAS, the County would like Contractor to provide these services; and WHEREAS, the County finds Contractor qualified to provide improvements related to the enhancement of the City of Upland’s Magnolia Park and Greenbelt Park, and Magnolia Recreation Center; and WHEREAS, providing funding to Contractor serves the public purpose of providing for the safety, health, and social service needs of County residents; and
WHEREAS, the County residents of Upland and the surrounding communities of the Second District will be served by the enhancements of the City of Upland’s Magnolia Park and Greenbelt Park, and Magnolia Recreation Center; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in providing enhancements to the City of Upland’s Magnolia Park and Greenbelt Park, and Magnolia Recreation Center to meet the needs of the residents of Upland and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to contribute to enhancement projects for the City of Upland’s Magnolia Park and Greenbelt Park, and Magnolia Recreation Center, such as:
• Greenbelt Park
o Epoxy of restroom floors
• Magnolia Park:
o Entertainment Stage
o Metal Picnic Shelter A
o Metal Picnic Shelter B
o Epoxy of restroom floors.
• Magnolia Recreation Center:
o Conversion of lounge into staff workspace
o Facility exterior paint.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the City of Upland’s Magnolia Park, Greenbelt Park and Magnolia Recreation Center for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

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C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

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modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Internship Initiative
Contractor agrees to be contacted by the County to solicit its participation in an internship initiative known as GenerationGo! Career Pathways, involving the potential placement and hiring of interns by Contractor’s business. Contractor is encouraged, and agrees to make good faith efforts, to utilize the County’s program to aid the County’s Vision for a skilled workforce and jobs that create countywide prosperity, and its goal to Create, Maintain and Grow Jobs and Economic Value in the County. The County’s objective with its internship initiative is to focus on training, education, employment and support services to develop a more highly-educated and trained workforce. When participating in the County’s internship initiative, the Contractor remains an independent contractor and shall not be construed as agents, officers, or employees of the County. More information about the County’s GenerationGo! Career Pathways Program can be located at http://wp.sbcounty.gov/workforce/career-pathways/ .

C.13 County Representative
The Second District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.14 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

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C. 15 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov) .

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.16 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.16.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.16.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.16.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.17 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.18 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.19 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of

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this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.20 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.21 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.22 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.23 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.24 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

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C.25 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inacc urate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.26 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.27 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.28 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.29 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.30 RESERVED.

C.31 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.32 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate

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Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.33 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.34 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.35 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.36 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.37 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

37.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

37.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

37.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C. 38 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense

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of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.39 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.40 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.41 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.42 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.43 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

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defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.44 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.45 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.46 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

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C.47 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.48 Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request.

Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

C. 49. RESERVED.

C.50 Return of County Funds
By its execution of this Contract, Contractor certifies that it is in good standing and in compliance with all federal and state requirements for a non-profit 501(c)(3) organization, including registration with required state and federal entities. Contractor shall notify County immediately if during the term of this Contract it is no longer in good standing or not in compliance with all federal and state requirements. All payments by County under this Contract are contingent upon Contractor’s compliance with the federal and state requirements and County may require Contractor return all, or a portion of, the County funds should Contractor be out of compliance within 60 days of written demand for the return of the County funds.

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on January 25, 2022 and shall be completed by January 24, 2023 but may be terminated earlier in accordance with provisions of this Contract.

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The County Chief Executive Officer may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:

a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $535,000, and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN.).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendere d or equipment and/or parts supplied to the County pursuant to the Contract.

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F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

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G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

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G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary

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coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Upland
460 N. Euclid Ave.

Upland, CA 91786-4732
Attn: Michael Blay

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

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Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Julie Surber, Principal Assistant County
Counsel

Date Date Date

SAN BERNARDINO COUNTY
City of Upland
(Print or type name of corporation, company, contractor, etc.)

Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

Michael Blay
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy Address

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ATTACHMENT A

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov . The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with sp ecified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showin g all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontr actor, and such worker.

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and t he amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html .

Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsibl e for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work.

The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards E nforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor;

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iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of loca tion and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

7. Penalty for Excess Hours:

The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulatio n, regarding compliance monitoring and enforcement by the DIR. v. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.

b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1.

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(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew acco rding to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is se parately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, th e contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactive ly by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.

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(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid pro posal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pu rsuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requir ements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.

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(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contract or or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in a ccordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or thi s section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor o r subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretar y of State or the Contractors’ State License Board, the address of the site of the public work . (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract fo r public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:

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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund c ontributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentic e is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.

Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standar ds and apprentice agreements under which such apprentice is training.

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS -140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see

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http://www.dir.ca.gov/Databases/das/pwaddrstart.asp .
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.

This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
v. Contractor should maintain and submit proof (when requested) of its DAS -142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all tim es work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for submittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license (“Owner-Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or

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iii. The Apprenticeable Craft or Trade is replacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.

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Standard Contract Page 1 of 25

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Board of Supervisors

Department Contract Representative Stephenie Shea
Telephone Number 387-4919

Contractor City of Upland
Contractor Representative Michael Blay
Telephone Number 909-931-4106
Contract Term 1/11/22-6/30/22
Original Contract Amount $50,000
Amendment Amount
Total Contract Amount $50,000
Cost Center 1022001000

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,

WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, San Bernardino County (County) desires to contribute to costs related to projects for the enhancement of the City of Upland Magnolia Recreation Center; and Contract Number

SAP Number

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WHEREAS, the County would like the City of Upland (Contractor) to provide these services; and WHEREAS, the County finds Contractor qualified to provide projects related to the enhancement of the City of Upland - Magnolia Recreation Center; and
WHEREAS, providing funding to Contractor serves the public purpose of providing for the safety, health and social service needs of County residents; and
WHEREAS, the County residents of the City of Upland and the surrounding communities of the Second District will be served by the enhancement of the City of Upland - Magnolia Recreation Center; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in providing enhancements to the City of Upland - Magnolia Recreation Center to meet the needs of the residents of Upland and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to contribute to enhancement projects for the City of Upland - Magnolia Recreation Center, such as • Replacement of sliding double doors;
• Replacement of the public computer printing software; • Window and door tinting;
• Replacement of two audio-visual systems; and
• Purchase of tables and chairs.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the City of Upland Magnolia Recreation Center for the duration of this Contract.

Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

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C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

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County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

C. 15 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov) .

Contractor further certifies that if it or any of its subcontractors are business entities that must be

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registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.16.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.16.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

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preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.25 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

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C.26 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.30 RESERVED.

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For any subcontractor, Contractor shall:

37.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

37.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

37.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

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Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.40 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.44 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also

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reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

C.47 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

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Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

C. 49. RESERVED.

C.50 Return of County Funds
By its execution of this Contract, Contractor certifies that it is in good standing and in compliance with all federal and state requirements for a non-profit 501(c)(3) organization, including registration with required state and federal entities. Contractor shall notify County immediately if during the term of this Contract it is no longer in good standing or not in compliance with all federal and state requirements. All payments by County under this Contract are contingent upon Contractor’s compliance with the federal and state requirements and County may require Contractor return all, or a portion of, the County funds should Contractor be out of c ompliance within 60 days of written demand for the return of the County funds.

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on January 11, 2022 and shall be completed by June 30, 2022 but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:

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e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $50,000, and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

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respect to that portion of its obligations that have been paid by another source of revenue.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.

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for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

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Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

H. RIGHT TO MONITOR AND AUDIT

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H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Upland
460 N. Euclid Ave.

Upland, CA 91786-4732
Attn: Michael Blay

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

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L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Julie Surber, Principal Assistant County
Counsel

Date Date Date

SAN BERNARDINO COUNTY
City of Upland
(Print or type name of corporation, company, contractor, etc.)

Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address

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ATTACHMENT A

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors:

Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

The payroll records enumerated herein shall be verified by a written declarat ion made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor;

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iv. The Contractor shall file a certified copy of the payroll records with the ent ity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosur e of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what r espects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

7. Penalty for Excess Hours:

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. v. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.

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(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contr actors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is se parately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibit ed from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.

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Revised 06/16/2021 Page 21 of 25
(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousan d dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into w ithout proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this c hapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.

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Revised 06/16/2021 Page 22 of 25
(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with t he provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the L abor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or th e Contractors’ State License Board, the address of the site of the public work . (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant t o subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

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Revised 06/16/2021 Page 23 of 25
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) o f Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursu ant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply t o all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) with in 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see

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This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
v. Contractor should maintain and submit proof (when requested) of its DAS -142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contr actor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for submittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

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S T A F F R E P O R T
I T E M N O . 10.C .

D A T E :J anu ary 2 4, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , A S S I S TA N T C I T Y M A N A G E R

J E S S I C A G A N D A R A , R E C R E A T I O N M A N A G E R S U B J E C T :A T H L E T I C FA C I L I T I E S P O L I C Y A N D P R O C E D U R E S U P D A T E

R E C O M M E N D E D A C T I O N
I t is rec om m en d ed th at t he C it y C oun cil ap p rove th e p rop os ed ch ang es t o th e Athletic Facilities Policy and P roced ures M anu al (form erly S p orts F ield Policy H an d b ook).

G O A L S T A T E M E N T
Th e p rop osed action su p p orts th e C ity’s g oal of w orking with ou tsid e org an izations wish in g to utilize C ity p arks for even ts.

B A C K G R O U N D
I n 20 18 , C it y C oun cil ap p roved ch an g es to th e S p orts F i eld H an d b ook inclu d ing section s d efining user g rou p s, ap p lication and allocation p roced ures an d u ser fees.

Th e att ach ed p rop osed p olicy u p d ates w ere p resen ted to t h e C ity C oun ci l A d vi sory C om m ittee at the D ecem b er 1 , 20 21 m eetin g an d there w ere n o ob jections to the recom m en d ed ch ang es.

I S S U E S /A N A L Y S I S
Th e C it y of Up lan d h as an inven tory of s ix soccer fiel d s , seven b aseb all fiel d s , and th ree softb all field s. Parks are avail ab l e for p rivate an d fee-b as ed u s e, as w ell as collab orative op p ortun ities for offerin g s ervi ces to th e com m u nity. T h es e fiel d s are ut ilized b y on e youth soccer leag ue, three youth b aseb all leag ues, and one g irls softb all leag u e. I n ad d ition to the resid ent you th non p rofit org an izati on s , Up lan d H ig h S ch ool and Western C h ri st ian S chools utilize field s at C ab rillo, G reenb elt, and M em orial Parks for th eir sp orts p rog ram s.

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S taff h as ass ess ed the need for ad d ition al m od ifi cat ion s an d b eli eves it is ap p rop riat e to p rovid e c lean -u p lan g u ag e t o C ou nc il for ap p roval in th is h ou sekeep in g ag end a it em . T he p rop osed S p ort s F ield H and b ook inclu d es revis ion s m ad e for ad d itional c larifi cat ion , efficien cy, p ossib le exp an sion for future services, accou ntab ility for user g rou p s and in su ran ce p urp oses.

F I S C A L I M P A C T S
Th ere is n o fiscal im p act associated with th is action .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Athletic Facilities P olicy and Procedures Handbook

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City of Upland
Recreation and Community Services
651 W. 15th Street
Upland, CA 91786
(909) 931-4280

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TABLE OF CONTENTS:

Purpose of Policy ...............................................................................................................................2 Definitions..........................................................................................................................................2 Priority Group Classifications ............................................................................................................3 Group 2 Criteria .................................................................................................................................4 Group 2 Paperwork Required ............................................................................................................5 Allocation Period ...............................................................................................................................6 Application Process ...........................................................................................................................6 Athletic Facilities Allocation Process ................................................................................................7 Athletic Facilities Usage Agreement .................................................................................................7 User Fee Schedule..............................................................................................................................8 Changes And Cancelations ................................................................................................................9 Indemnity And Insurance Requirements ...........................................................................................10 Special Event Permits ........................................................................................................................11 Three Strikes Policy ...........................................................................................................................11 Field Closures ....................................................................................................................................12 Reservable Facilities ..........................................................................................................................13

APPENDIX:

APPENDIX A, Athletic Facilities Use Rules & Regulations APPENDIX B, Application Check List
APPENDIX C, User Group/Organization Fact Sheet
APPENDIX D, Athletic Facilities Use Request Form

Rev: August 2021

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City of Upland Athletic Facilities Policy & Procedures Manual Page 2

PURPOSE OF POLICY:

The City of Upland has experienced tremendous growth in sports, including new athletic organizations and emerging sports. This growth is anticipated to continue. The increased demand for the use of City amenities makes it necessary to establish an equitable and fair method for allocating field use among present and future sports organizations. The policy set forth in this handbook will outline the allocation and rental policies for the permitted use of sports fields in the City.

This policy has been established to ensure that the fields are used for recreational, educational, and community service functions that meet the needs of the community, as well as to set clear policies, procedures, regulations, and rental rates for such uses. Furthermore, to ensure that the needs of community-based organizations and groups are being met, the criteria for establishing priorities for field use and the permitting process are outlined in this manual.

DEFINITIONS:

Organization/User Group: An organized entity or group that has been established to provide recreation or competitive sports programs, activities, practices or games for youth and/or adult participants.

UYNP: Upland-based Resident Youth Non-Profit Organization.

League: A youth non-profit organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket.

New User: This is an organization which has not requested field use and/or been permitted fields in the twelve-month period preceding its submission of an Athletic Facility Use Request Form.

New users must adhere to the deadlines established herein in order to be eligible for field allocations. An organization, which changes its name but otherwise remains the same, shall not be considered a “new user.” Splinter, spin-off or subsidiary organizations will be considered “new users” if they have less than fifty percent of the original organization’s participants.

A current organization that merges with another current organization shall not be considered a “new user,” provided the presidents of both merging organizations sign the allocation request form for the season in which the allocation is to take effect. New divisions of current organizations must indicate such on their Athletic Facility Use Request Form. Upland Recreation and Community Services staff will dictate the maximum amount of teams or participants for all new users. Leagues anticipating a split to form a new league or individuals planning to organize a new sports program, must notify the City six (6) months prior to the estimated starting date. This will provide the time necessary to study the impact of a new program on existing fields.

Primary User: This is an Upland Recreation and Community Services qualified Group 1 or 2 organization and as such, has first priority for field use during the season in which they are

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City of Upland Athletic Facilities Policy & Procedures Manual Page 3

classified as a primary user.

Secondary User: This is an Upland Recreation and Community Services qualified Group 3 & 4 organization. A Group 2 user may also be considered a secondary user if they are requesting field space in a season other than that in which they are designated as a primary user for the season. A secondary user may obtain field use allocations only if: a) a field is not used by a primary user; and, b) all primary users have received all field time requested and there is unused field time not allocated to primary users.

Resident: In determining 75% residency, any participant that lives in Upland, or attends a school in Upland, will be considered an Upland resident for priority status evaluation and allocation of athletic facilities. For the purpose of this document, “resident” shall be defined as an individual living within the incorporated boundaries of the City of Upland or who attends a school in the City of Upland. UYNP groups must have 75% or more of the participants living within the incorporated area of the City of Upland or attending school in Upland to receive priority field consideration and a discounted rate for applicable fees.

Non-Resident: For the purpose of this document, “non-resident” shall be defined as any individual living outside the incorporated boundaries of the City of Upland. Non-resident groups having less than 75% of the participants per team living within the incorporated area of the City of Upland shall be classified as “non-resident”. An organization or company located outside the incorporated boundaries of the City of Upland shall be classified as “non-resident”. Participants unable to furnish proof of residency shall be classified as “non-resident”.

Participant: In a youth league, “participant” shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league, “participant” shall include only those players eighteen (18) years of age or older.

Recreational League: In a recreational league, rules require that everyone must play. Registration is open to everyone.

Competitive League: In a competitive league, there is no minimum play rule, and they have a selective registration process.

Field: Any open space located at a park that may be utilized for athletic purposes.

Code of Conduct: Approved classification Group 2 organizations must file a City approved Code of Conduct for participants, parents, and coaches with the Upland Recreation and Community Services, as part of their permit requirements and application process. The Code of Conduct will outline the principles of sportsmanship, fair play and other ethical issues that relate to team sports.

PRIORITY GROUP CLASSIFICATIONS:

Priority use of fields will be allocated as follows:

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GROUP 1:
 City-sponsored or co-sponsored events.
 Upland Unified School District.
 Organizations having a current Joint-Use Agreement with the City.

GROUP 2:
 Non-profit youth organizations comprised of at least 75% overall Upland residents conducting activities open to the general public and offered to all youth in the community (recreational leagues).
 Organization must submit team rosters to verify GROUP 2 eligibility and meet other criteria outlined in this policy prior to scheduled use.

GROUP 3:
 Upland based non-profit youth organizations comprised of less than 75% but at least 1% overall Upland residents holding activities not offered to all youth in the community with closed or invitation only sign-ups, who accept participants on their ability to play.  Priority scheduling will be based on actual percentage of Upland residents playing in league. Must provide proof of residency (Example: utility bill) and complete team rosters including participant’s name, address, city, zip code and phone number.

GROUP 4:
 Private reservations, for-profit reservations, and non-residential organizations.  Priority scheduling may be based on timely submission of documents, residency, youth or adult programming, and/or longevity.

GROUP 2 CRITERIA:

To qualify as an Upland Youth Non-Profit Organization (UYNP) - Group 2:
 Organization must have a Charter.
 Organization must have a Board of Directors.
 Organization must have a current Determination Letter of Exempt Status, U.S. Treasury 501c3 or certify affiliation with a national non-profit organization.  Organization must have an active Determination Letter of Exempt Status, State Franchise Tax Board.
 Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.
 Organization must coordinate league within City limits, schedule games based on registration for play in Upland, and maintain a 75% overall residency of participants.  Registration must be open to any Upland resident and not based on skill level. Every player must play.
 Organization must submit game schedules prior to the start of season.  Organization must be managed by volunteers.
 Organization must uphold parents, coaches and participants to an approved “Code of

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Conduct,” as initiated in their Bylaws and rules and regulations. NOTE: Failure to submit and uphold all members of an organization to an approved “Code of Conduct” may result in an organization’s forfeiture of all field allocations.  Organization must conduct all sport related activity on issued field space and within time allocated based on permits.
 Rosters with proof of residency may be required and subject to request of Upland Recreation and Community Services.

GROUP 2 PAPERWORK REQUIRED:

A complete UYNP Athletic Facility Use Request Form and filing packet, consisting of:
 User Group/Organization Fact Sheet
 Articles of Incorporation and/or Bylaws
 Valid Certificate of Insurance and Endorsements
 Valid Determination Letter of Exempt Status, U.S. Treasury  Valid Determination Letter of Exempt Status, State Franchise Tax Board  Signed Athletic Facilities Usage Agreement
 Sample Code of Conduct
 Master Calendar of Events (Ex: Opening Day)

An Athletic Facility Use Request Form and required paperwork must be received on or before December 15 for spring/summer sports and by July 15 for fall/winter sports. Final rosters and master schedule must be submitted by January 15 for spring/summer sports and by August 15 for fall/winter sports. It is the responsibility of the UYNP to provide accurate dates, including holidays.

* Complete team rosters including participant’s name, address, city, zip code, and phone number may be required. Included with the rosters should be a utility bill for each individual participant.

Examples: gas, electric, phone, cable, and/or water bill. Not accepted: school I.D., driver’s licenses or birth certificates. The City of Upland reserves the right to audit or verify any information submitted on rosters at any time to verify participation or residency. Incomplete rosters or rosters with less than the age division or minimum player rule per team will not be accepted.

Failure to submit the above-mentioned information by the specified deadlines may result in loss of priority status and possible loss of some or all requested fields.

GROUP 3 & 4 PAPERWORK REQUIRED:

A complete Athletic Facility Use Request Form and filing packet, consisting of:
 Valid Certificate of Insurance and Endorsements
 City of Upland Business License
 Sample Code of Conduct

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City of Upland Athletic Facilities Policy & Procedures Manual Page 6

Fields available on a first come basis, based on availability after Groups 1 & 2 have been allocated.

Occasional, or one-time only user requests must be submitted on appropriate forms seven (7) days prior to requested facility use date. Late notice requests may be accepted and approved based on availability and processing of documents.

ALLOCATION PERIOD:

SPRING/SUMMER:

January 1st-July 31st
UYNP Baseball and Softball Organizations
UYNP Soccer Organizations
UYNP Football Organizations

FALL/WINTER:

August 1st-December 31st
UYNP Baseball and Softball Organizations
UYNP Soccer Organizations

APPLICATION PROCESS:

The allocation process begins with the annual Athletic Facility Allocation Meeting. Typically held in November, this is where current primary users discuss policies, procedures, residency requirements, field application, permits, rentals, list of required documents and other pre- requisites. Organizations who do not send a representative may lose their priority rating for scheduled use of facilities.

Athletic Facility Use Request Forms to reserve the use of athletic fields are made through t he Upland Recreation and Community Services. Priority will be given to qualified groups submitting an application prior to the deadline. Applications must be submitted a minimum of thirty (30) days prior to intended use.

All applications are subject to review by the Upland Recreation and Community Services and may be rejected based on date submitted, field availability and/or outstanding balance due on account.

Upon approval, applicant is financially responsible for any charges/fees applicable for use of facility. Fees must be paid in full a minimum of thirty (30) days prior to field rental date. User group may adjust permit to increase usage, but are not permitted to reduce use.

Upland Recreation and Community Services reserves the right to cancel Athletic Facility Use Permits without notice due to unforeseen circumstances and/or renovation schedules.

Each UYNP organization filing an Athletic Facility Use Request Form will be required to submit all documentation to Upland Recreation and Community Services no later than thirty (30) days

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prior to start of season. Failure to submit the required documentation by the specified deadlines may result in the following penalties: 1. New users may be denied all use for the upcoming allocation period. 2. Returning users may not receive some or any fields requested.

FIELD ALLOCATION PROCESS:

Allocations will not be finalized until all required documentation has been submitted.  Permits are created based on the following criteria: season, sport, number of teams per organization, group classification, age division and league seniority.  User group meetings are scheduled to review allocated field space with all assigned users on each field to resolve any schedule conflicts.
 Permits and user agreements are emailed to the user group.  Permits will not be issued by the Upland Recreation and Community Services until all conditions are met and all necessary documentation has been completed and received by the Upland Recreation and Community Services.
 The City has the final say in which field(s) an organization is assigned. Priority does not guarantee that your organization will receive all the fields or times requested. Every attempt will be made to meet schedule requests. However, youth organizations should not assume field availability for new/or expanding programs.  All conflicts will be resolved according to priority of usage.

TOURNAMENTS:
 All UYNP, resident, and non-resident youth organizations conducting tournaments must pay applicable fees determined by the City of Upland’s User Fee Schedule.  Any UYNP conducting non-league or charter-sanctioned games, practices, tournaments, or sport related activities must pay applicable fees determined by the City of Upland’s User Fee Schedule.
 The User Group is responsible for cleaning facility following the event. Under the permit, the User Group assumes financial responsibility for any damages, and/or field repairs due to the misuse associated with the use of facilities.

ATHLETIC FACILITIES USAGE AGREEMENT:

All Group Users will be required to sign an Athletic Facilities Usage Agreement annually. The Agreement spells out specific usage requirements including, insurance requirements, maintenance responsibilities, and City contact information.

GROUPS 3 & 4 ATHLETIC FACILITY DEPOSIT:

All Group 3 and 4 user groups will be required to pay a $500 refundable deposit. Provided there

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City of Upland Athletic Facilities Policy & Procedures Manual Page 8

are no violations of the Athletic Facilities Policies, rental hours are not exceeded, excessive cleaning is required, or damage to the facility, deposits made by cash or check will be mailed to the payee within 4 to 6 weeks after the completion of use of City fields. Deposits made by credit card will be refunded within 1 week after the completion of use of City fields.

USER GROUPS FEE SCHEDULE:

The City charges fees to offset public expenses to operate, maintain, supervise and administer the use of park and athletic facilities. Fees for use of athletic facilities shall be in accordance with current Schedule of Fees, set by resolution and approved by Cit y Council. Group 2 user fees shall be a set percentage of the fees applied to non-Upland resident teams. Proof of Upland Residency will be in accordance to terms set in the Field Use Agreement signed by the non-profit organization and the City of Upland.

Groups 3 & 4 users will be charged fees to offset public expenses to operate, maintain, supervise and administer the use of park and athletic facilities. Fees for use of athletic facilities and lights shall be in accordance with current Schedule of Fees, set by resolution and approved by City Council. All fees are subject to change.

Group 2 Athletic Facilities Fees – Per Hour : 75% Upland Resident Teams Group 2 users will pay $3 per hour for use of athletic facilities.

Group 2 Athletic Facilities Light Fees – Per Field/Per Hour Softball & Little League Fields $4.00
Cabrillo Soccer Complex – North $2.75
Cabrillo Soccer Complex – South $5.00

Groups 3 & 4 Athletic Facilities Fees – Per Hour/Per Field:

Youth Group Field Use (Non-Tournament) $15
Adult Group Field Use (Non-Tournament) $15
Youth Group Field Use (Non-Tournament) $30
Adult Group Field Use (Non-Tournament) $30
Tournaments $30

Groups 3 & 4 Athletic Facilities Light Fees – Per Hour/Per Field:

Cabrillo Park Soccer Complex $25
Memorial Park Baseball Fields $20
Softball and Little League Fields $20

Other Fees:

Maintenance Fee (Per Field) $15 per hour
Maintenance Worker $65 per hour
Park Monitor $45 per hour
Key Deposit (Refundable) $100
Competitive League Sports Field Usage Deposit (Refundable) $500 Cancelation Fee: $100

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City of Upland Athletic Facilities Policy & Procedures Manual Page 9

PAYMENT:

All user groups will pay for field use per the User Fee Schedule.

User Group 2 will be required to make payment in full within (30) thirty days of receipt of invoice.

User Group 3 & 4 will be financially responsible for any charges/fees applicable for use of facility.

Fees must be paid in full a minimum of thirty (30) days prior to field rental date. User Group may adjust permit to increase usage but are not permitted to reduce use without notification of at least (3) business days in advance. Administrative fees may apply.

Outstanding balances may not be carried over into the next allocation period. Payments ma y be made to Upland Recreation and Community Services.

Failure to pay the outstanding balance on or before the end of the allocation period may result in the group forfeiting priority on traditional fields and non-issuance of permits for upcoming allocation periods.

CHANGES & CANCELATIONS:

Any UYNP organization that has been allocated space and does not intend to use it regularly, must notify the Upland Recreation and Community Services in writing at least two (2) weeks prior to their intent to release their allocation. Any applicable fees will be collected with less than two - weeks notice. Released fields will be evaluated and re-allocated per the allocation guidelines. Any fields released by an organization will not be re-instated, but may be requested for the following allocation period.

Groups 3 & 4:
 Cancelation and change notifications must be received at least three (3) business days prior to event. A partial refund or credit may be given for cancellations or changes made at least three (3) business days prior to event. The applicant mayforfeit all payments/deposits and may be held financially responsible for all outstanding fees associated with the permit for events cancelled within three (3) business days before an event.

 Please contact Upland Recreation and Community Services via telephone or e-mail to report your field cancellation, Monday through Thursday, 7:00 a.m. - 6:00 p.m. via phone at (909) 931-4289 or via email at [email protected]. Cancelation notifications must be received by email or phone call.

 Cancellations due to rain or inclement weather must be reported to Upland Recreation and Community Services. Credits will be provided for weather-related cancellations.

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City of Upland Athletic Facilities Policy & Procedures Manual Page 10

EFFECTIVE USE OF FIELDS AND ACCOUNTABILITY:

The User Group’s President, board members, or designated representative as listed on the application shall remain on the premises for the entire duration of the reservation. Failure to observe this condition may be grounds for the immediate cancellation of the reservation.

User Group may not sublease, lend, share, or give away fields that have been reserved under their name. Any infractions found may result in immediate loss of field use. This may jeopardize future use of fields and leagues opportunities to submit future applications.

FIELD LIGHTS:
 Field lights are scheduled through the web-based application, www.lightsonsites.com .  Organizations utilizing fields with an option for lights will be required to create an account, with credit card on file for payment.
 Lights can be scheduled through Upland Recreation and Community Services without payment but are not able to be turned on without payment by user group.  It is the responsibility of the user group to turn lights on and off accordingly.

INDEMNITY AND INSURANCE REQUIREMENTS:
 Without limiting its indemnification of the City, the User Group shall obtain, provide, and maintain, at its own expense during the term of the agreement, a policy or policies of liability insurance.
 The City of Upland requires User Groups to provide General Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 general aggregate. The coverage shall include bodily injury, personal injury, and property injury.  All User Groups must enter into a hold harmless agreement with the City which will, in part, indemnify City, its officers, employees and agents, from any liability arising from User Group’s activity.
 The insurance coverage shall be primary insurance and/or primary source of recovery as respects to City, its elected officials, employees and volunteers with respect to all claims, losses, or liability.
 The insurance coverage shall include a Waiver of Subrogation endorsement in favor of the City, its Board, officers, agents, volunteers and employees or a blanket waiver of subrogation.
 The insurance coverage should include the following address: City of Upland, 460 N.

Euclid Avenue, Upland, CA 91786.

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City of Upland Athletic Facilities Policy & Procedures Manual Page 11

SPECIAL EVENT PERMITS:
 An activity in which an event is outside of the normal scope of the Organization’s purpose may be required to obtain a Special Event Permit.
 All Special Event Permits must be requested at least (45) forty-five days in advance.

ATHLETIC FIELD LINING/MARKING:

 The lining of natural grass fields shall be the responsibility of the primary user organizations (Group 1 and Group 2 only) and the layout of each field shall be agreed upon by the user organization and the City of Upland.
 Burning of lines and lining the fields with chalk is not permitted on any field.  Fields needing to be lined outside of traditional dimensions may not be permitted.  Any user group failing to comply with the guidelines listed above shall pay for all damages to athletic facilities and may result in termination or denial of future use of athletic fields.

THREE STRIKES POLICY:

The purpose of this policy is to implement a systematic method of enforcing the City of Upland’s Municipal Code and the Athletic Facilities Policy & Procedures Manual. Strikes issued should serve as a warning sign to potential issues that may immediately jeopardize all permits held by the organization. Upland Recreation and Community Services reserves the right to cancel or suspend approved for games, practices, and other usages based on user groups violation of the City Municipal Code or established Athletic Facilities Policy & Procedures Manual. Non-Adherence to City policy and City ordinances may result in the retention of a portion of or all of the deposit and/or result in the cancellation of current and/or future use.

The following are examples that may result in strikes being issued:
 Illegal use of fields without a permit.
 Illegal use of park space not designated for intended athletic sport related use.  Vending on City premises without permit or written consent from Upland Recreation and Community Services.
 Organizations found to be practicing or playing games prior to or outside of their permitted time and/or date.
 Organizations found to be practicing or playing games in locations other than those authorized by the City of Upland.
 Organizations found to be sub-letting or swapping field permits with any other organizations.
 Organizations found to be practicing or playing games on fields which have been previously closed due to inclement weather or any other purpose.  Organizations failing to meet monthly financial obligations.  Organizations conducting adult practice and/or games on fields allocated to youth.  Organizations not utilizing permitted fields.

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City of Upland Athletic Facilities Policy & Procedures Manual Page 12

 Organizations utilizing athletic facility lights outside of reserved time frame.  League representative disrespecting a field monitor or organization representative.

Strike One:
 Consists of documented activity in direct violation of the City Municipal Code or Athletic Facilities Policy. A letter will be written to the user group president and field allocation representative documenting the violation. The letter will be placed in the group’s file. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.

Strike Two:
 Occurs after a second documented violation within a current allocation period. The group will be informed in writing that a Community Services staff member will be assigned to their permitted activity at the respective park where the violation occurred. The staff member will monitor activity at the site and report any further violations to the City. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.

Strike Three:
 The third documented violation within the current allocation period. All permits held by said organization/entity for the remainder of the allocation period and future allocation will be revoked. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.

Notwithstanding the above, the City has the discretion to revoke the right to use any field or facility to any User Group immediately without following the three strikes procedure set forth above if the violation of state law, the Municipal Code, this policy or other policies, rules or regulations warrant such immediate revocation as determined by the City in its sole discretion.

FIELD CLOSURES:
 The City of Upland reserves the right to suspend facility availability during periods of inclement weather, poor playing conditions, damage (which would cause hazardous safety considerations), and for necessary maintenance.
 When thunder is heard and lightening is seen during field use, user group must suspend play and take shelter immediately. Once play has been suspended, user group shall wait at least (30) thirty minutes after the last thunder is heard or lightning flash is witnessed prior to return to play.
 User groups may reserve the right to cancel practices or games if they feel that the fields are unplayable due to weather conditions. user groups are required to make every effort to contact Upland Recreation and Community Services staff to report the cancelation slights may be canceled, and fees may be adjusted.

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City of Upland Athletic Facilities Policy & Procedures Manual Page 13

Cabrillo Soccer Fields 11th Street Between Mountain Avenue & Benson Avenue Fields 1-6

Citrus Park 8th Street between Mountain Avenue & Benson Avenue Major & Minor

Greenbelt Park 15th Street between Mountain Avenue & Benson Avenue North, South, West

Memorial Park Foothill Boulevard between Grove Avenue & Campus Avenue North, South, Rotary

San Antonio Park 24th Street and Mountain Avenue
Major & Minor

Sierra Vista Park 15th Street & 2nd Avenue
North & East*

*Lights unavailable

 Use of facilities will be limited to weekdays, 2:00 p.m.-10:00 p.m. and Saturdays & Sundays, 8:00 a.m.-10:00 p.m.
 Permits may be extended on a conditional use agreement.  Park curfew is 10:00 p.m.-7:00 a.m.
 Sports fields may be closed from time to time for maintenance and may be closed on all major holidays.
 Permits may be obtained on a rental basis or conditional use agreement.  Groups failing to comply with scheduled field closures may have permits revoked.

RESERVABLE FACILITIES

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City of Upland Athletic Facilities Policy & Procedures Manual Page 14

It is the responsibility of the person in charge and identified on the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities.

These rules include, but are not limited to:
 Use will begin no earlier than 8:00 a.m. Use will end at dusk on unlit fields and end by 10:00 p.m. on lit fields, except where noted on approved Special Event Permit.  Permitted use begins and ends at the times stated on the Sports Facility Reservation Form, including set-up and clean-up.
 Users may not make any alterations to facility without first obtaining the City’s permission.  Vehicles are not allowed on City property except in marked parking lot areas, unless written permission is obtained by the City.
 Parking is allowed in designated areas only. Vehicles are not permitted on the grass.  Parking lot gates must be closed each night. Overnight parking is not permitted.  All fire lanes and emergency entrances/exits must remain clear and off -street public parking areas are to be used only when necessary.
 Applicant’s copy of the A must be available during use and presented to any City Representative upon request.
 No team can transfer its field use privilege without City consent.  Alcohol/tobacco is not allowed at any City of Upland facility.  Selling of food or other items is permitted in City concession/snack bar facilities only. A Health Permit and City of Upland Business License is required for all concession and snack bar facilities.

Primary user has priority use of snack bars.
 Sound amplification equipment will be allowed in City parks subject to conformance with the City’s noise ordinance.
 Property boundary walls and fences are not to be used as backstops at any time.  Balls and any other equipment thrown, batted, kicked or otherwise, landing on private property must not be retrieved without the property owner’s permission.  Portable goals and/or markers are allowed, but must be removed daily.  Leagues must adhere to all rules and regulations limiting the number of teams per field. The field and adjoining areas affected by the group’s use must be picked up and cleared of all trash and debris generated by the group.
 Equipment stored (with permission only) by the league is not the responsibility of the City.  Wet Field Policy: Groups may not play on fields closed due to wet field conditions. It is the responsibility of groups to access field closure information by contacting Upland Recreation and Community Services at (909) 931-4289.

Non-Adherence to any of these rules or City ordinances will result in the retention of a portion of or all of the deposit and/or result in the cancellation of current and/or future use.

Any user failing to comply with established guidelines and notifications is subject to invoicing for all damages incurred to facility and termination of the facility use permit.

Applicant Signature: Date:

City of Upland
Recreation and Community Services

ATHLETIC FACILIITES USE RULES AND REGULATIONS

APPENDIX A

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City of Upland Athletic Facilities Policy & Procedures Manual Page 15

City of Upland
Recreation and Community Services

APPLICATION CHECKLIST

APPENDIX B
Organization Name:

Main Contact:

Mailing Address:

Phone Number:

E-mail Address:

UYNP Required Paperwork To Be Submitted To Upland Recreation And Community Services:
 Athletic Facilities Use Request Form
 Valid Insurance Certificate (See Page xx)
 Determination Letter of Exempt Status, United States Treasury  Determination Letter of Exempt Status, State Franchise Tax Board  Articles of Incorporation and/or By-Laws
 Athletic Facilities Use Agreement
 Current List of Board of Directors
 Master Calendar of Events (Ex: All-Stars, Tournaments, Picture-Day) Date Completed:

Required Paperwork To Be Submitted To Upland Recreation & Community Services (Groups 3&4):
 Athletic Facilities Use Request Form
 Valid Insurance Certificate (See Page 10)
 City of Upland Business License
 Special Event Permit (If Applicable)
Date Completed:

Page 18 of 20 ends

City of Upland Athletic Facilities Policy & Procedures Manual Page 16

APPENDIX C
Organization Name:

Main Contact: Federal ID#:

BOARD OF DIRECTORS
Name: Title:

Phone: Email:

Name: Title:

Phone: Email:

Name: Title:

Phone: Email:

Name: Title:

Phone: Email:

Name: Title:

Phone: Email:

Name: Title:

Phone: Email:

City of Upland
Recreation and Community Services

USER GROUP/ORGANIZATION FACT SHEET

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City of Upland Athletic Facilities Policy & Procedures Manual Page 17

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Page 20 of 20 ends

S T A F F R E P O R T
I T E M N O . 10.D .

D A T E :J an uary 24 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

T E R R Y D OY L E , H U M A N R E S O U R C E S /R I S K M A N A G E R S U B J E C T :A P P R O V E T H E D O W N W A R D R E C L A S S I F I C A T I O N O F B U I L D I N G

I N S P E C TO R I I P O S I T I O N TO B U I L D I N G I N S P E C TO R I

R E C O M M E N D E D A C T I O N
I t is recom m end ed th at th e C ity C oun cil ap p rove th e d ow nward reclassification of an existin g B u ild ing I n sp ector I I p osition to B u ild ing I n sp ector I .

G O A L S T A T E M E N T
Th e p rop osed action su p p ort s th e C it y's g oal to p rovid e s u c ces si on p l an n in g for em p loyees, w hich w ill assist in th e effort to recruit an d retain q ualified em p loyees.

B A C K G R O U N D
Th e cu rrent stru cture of th e B u ild ing I n sp ection P rog ram u nd er D evelop m ent S ervices con sists of three (3) B uild in g I nsp ector p osit ion s, t w o (2) at th e level of B u ild ing I n sp ector I I and one (1 ) at the level of S enior B uild in g I nsp ector.

H istorically th e B u ild ing I n sp ect ion D ivi si on h as b een c om p ri sed of th ree (3 ) B uild in g I n sp ectors. T he retirem ent of on e of the B u il d i ng I n sp ector I I 's created a vacancy an d h as sig n ifican tly i m p act ed t he workload of t h e rem ai ni ng two (2) i n s p ec tors. T he increased w orkload is n ot sustainab le an d d oes n ot allow the insp ectors to ad eq uately take tim e off.

I S S U E S /A N A L Y S I S
Th e H um an Resources D ivision h as recruited for a B uild in g I nsp ector I I and m ad e an offer to a c an d id ate. H owever, t h e c and id ate d eclin ed th e offer, p rovid ing t h e B uild in g I nsp ection D ivision the op p ortu nity to reevaluate th eir op erations.

Page 1 of 12 ends

Up on furth er review, recl ass ifyi n g th e B u i ld in g I nsp ector I I t o a B ui ld in g I nsp ector I w as d eem ed m ore cost effective an d c ou l d p oten ti all y in crease th e can d i d at e p ool. D evelop m en t S ervices is hop in g t o attract a can d i d at e th at can b e trained at th e ent ry level an d create a clear s u c ces si on p l an for fut ure p rom otions. Reclassifying th is p osi ti on to a B uild in g I n sp ector I w il l l im it th is p os it ion to resi d en ti al i n s p ec ti on s on l y, leavi ng th e m ore com p lex in sp ection s to m ore exp erienced insp ectors.

F I S C A L I M P A C T S
Th e req u est for t hi s rec las si fic ati on w il l h ave a p osit ive fiscal i m p act on t h e an n u al b u d g et.

Th e salary savin g s of $3 ,41 6 on an an nu al b as is , $1,7 08 of wh ich is relat es to th e G eneral F u nd .

A L T E R N A T I V E S
Re-op en th e recru i tm en t for a B u il d i ng I nsp ector I I , w hich is ap p roved in ou r salary b u d g et.

O ur i n i ti al recrui tm ent yield ed few q u al ifi ed ap p l icant s wh ich res u l ted in a b lan k elig ib ility list.

Recruiting at th e cu rrent level m ay n ot ad d res s t he curren t n eed s of t he D ep art m en t an d cou ld p ot en t ial ly lead t o a l en g th y recruitm ent p rocess d u e t o lack of avail ab i li ty of q ualified ap p lican ts th at m eet the m in im um q u alifications of th e p osition .

AT TAC HM E NT S :

Description
Schedule of Positions F Y 22 - Amended
Building Inspector I Cost Out
Building Inspector I J ob Description

Page 2 of 12 ends

Bargaining Salary Minimum Maximum 2018-19 2019-20 2020-21 2021-22 2021-22 2021-22 Unit Grade (Step 1)(Step 13)ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED

GENERAL GOVERNMENT

ELECTED/APPOINTED
MAYOR ELEC ---1.00 1.00 1.00 1.00 0.00 1.00
COUNCIL ELEC ---4.00 4.00 4.00 4.00 0.00 4.00
TREASURER ELEC ---1.00 1.00 1.00 1.00 0.00 1.00

6.00 6.00 6.00 6.00 0.00 6.00

ADMINISTRATION
CITY MANAGER EXEC 96 $17,625 $23,704 1.00 1.00 1.00 1.00 0.00 1.00 ASSISTANT CITY MANAGER EXEC 83 $12,786 $17,195 1.00 1.00 1.00 1.00 0.00 1.00 EXECUTIVE ASSISTANT TO THE CITY MANAGER MMGT 45 $5,003 $6,728 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR ADMINISTRATIVE ASSISTANT GENL 33 $3,720 $5,003 0.00 0.00 0.00 0.00 1.00 1.00

3.00 3.00 3.00 3.00 1.00 4.00
GENERAL GOVERNMENT-TOTAL 9.00 9.00 9.00 9.00 1.00 10.00

ADMINISTRATIVE SERVICES

CITY CLERK
CITY CLERK MMGT 60 $7,246 $9,744 0.50 1.00 1.00 1.00 0.00 1.00 DEPUTY CITY CLERK GENL 35 $3,908 $5,256 0.50 0.00 1.00 1.00 0.00 1.00 SENIOR ADMINISTRATIVE ASSISTANT GENL 33 $3,720 $5,003 1.00 1.00 0.00 1.00 0.00 1.00

2.00 2.00 2.00 3.00 0.00 3.00

FINANCE
FINANCE OFFICER MMGT 62 $7,612 $10,238 1.00 1.00 1.00 1.00 0.00 1.00 ACCOUNTING SUPERVISOR MMGT 57 $6,728 $9,049 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR ACCOUNTANT GENL 46 $5,128 $6,896 1.00 1.00 2.00 2.00 0.00 2.00 ACCOUNTANT GENL ---1.00 1.00 0.00 0.00 0.00 0.00
SENIOR ACCOUNTING TECHNICIAN GENL 40 $4,422 $5,947 1.00 1.00 1.00 1.00 0.00 1.00 PAYROLL TECHNICIAN GENL 39 $4,314 $5,802 1.00 1.00 1.00 1.00 0.00 1.00 ACCOUNTING TECHNICIAN GENL 35 $3,908 $5,256 3.00 3.00 3.00 3.00 0.00 3.00 UTILITY BILLING & CUSTOMER SERVICE SUPERVISOR MMGT 50 $5,660 $7,612 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR CUSTOMER SERVICE SPECIALIST GENL 40 $4,422 $5,947 1.00 1.00 1.00 1.00 1.00 2.00 †(1)
UTILITY BILLING & BUSINESS LICENSE INSPECTOR GENL 38 $4,209 $5,660 0.00 1.00 1.00 1.00 0.00 1.00 CUSTOMER SERVICE SPECIALIST II GENL 29 $3,370 $4,532 2.00 2.00 3.00 3.00 0.00 3.00 CUSTOMER SERVICE SPECIALIST I GENL 25 $3,053 $4,106 3.00 3.00 2.00 2.00 0.00 2.00

16.00 17.00 17.00 17.00 1.00 18.00

INFORMATION TECHNOLOGY
INFORMATION TECHNOLOGY MANAGER MMGT 62 $7,612 $10,238 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR INFORMATION TECHNOLOGY TECHNICIAN GENL ---1.00 0.00 0.00 0.00 0.00 0.00 INFORMATION TECHNOLOGY TECHNICIAN GENL 39 $4,314 $5,802 0.00 2.00 2.00 2.00 0.00 2.00

2.00 3.00 3.00 3.00 0.00 3.00
2021-22 SCHEDULE OF POSITIONS

Page 3 of 12 ends

Bargaining Salary Minimum Maximum 2018-19 2019-20 2020-21 2021-22 2021-22 2021-22 Unit Grade (Step 1)(Step 13)ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED 2021-22 SCHEDULE OF POSITIONS

HUMAN RESOURCES
HUMAN RESOURCES/RISK MANAGER MMGT 62 $7,612 $10,238 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR HUMAN RESOURCES ANALYST MMGT 53 $6,095 $8,198 1.00 1.00 1.00 1.00 0.00 1.00 HUMAN RESOURCES ANALYST MMGT 44 $4,881 $6,564 1.00 1.00 1.00 1.00 0.00 1.00 ADMINISTRATIVE ASSISTANT GENL 26 $3,129 $4,209 0.00 0.00 1.00 1.00 0.00 1.00

3.00 3.00 4.00 4.00 0.00 4.00

RECREATION AND COMMUNITY SERVICES
RECREATION MANAGER MMGT 55 $6,404 $8,613 1.00 1.00 1.00 1.00 0.00 1.00 RECREATION SUPERVISOR MMGT 42 $4,646 $6,248 2.00 2.00 2.00 2.00 0.00 2.00 RECREATION COORDINATOR GENL 36 $4,006 $5,387 0.00 0.00 1.00 1.00 0.00 1.00 SENIOR ADMINISTRATIVE ASSISTANT GENL 33 $3,720 $5,003 1.00 2.00 1.00 1.00 0.00 1.00 ADMINISTRATIVE ASSISTANT GENL ---1.00 0.00 0.00 0.00 0.00 0.00

5.00 5.00 5.00 5.00 0.00 5.00
ADMINISTRATIVE SERVICES-TOTAL 28.00 30.00 31.00 32.00 1.00 33.00

DEVELOPMENT SERVICES

BUILDING AND PLANNING
DEVELOPMENT SERVICES DIRECTOR EXEC 3243 $10,803 $14,529 1.00 1.00 1.00 1.00 0.00 1.00 DEVELOPMENT SERVICES MANAGER MMGT 62 $7,612 $10,238 1.00 1.00 1.00 1.00 0.00 1.00 ECONOMIC DEVELOPMENT COORDINATOR MMGT 46 $5,128 $6,896 1.00 1.00 1.00 1.00 0.00 1.00 DEVELOPMENT SERVICES SPECIALIST (LIMITED TERM)^GENL 36 $4,006 $5,387 0.00 0.00 0.00 0.00 1.00 1.00 ADMINISTRATIVE ANALYST MMGT 44 $4,881 $6,564 0.00 0.00 1.00 1.00 0.00 1.00 ACCOUNTING TECHNICIAN GENL 35 $3,908 $5,256 0.00 0.00 1.00 1.00 0.00 1.00 SENIOR ADMINISTRATIVE ASSISTANT GENL ---1.00 2.00 0.00 0.00 0.00 0.00 ADMINISTRATIVE ASSISTANT GENL ---1.00 0.00 0.00 0.00 0.00 0.00 PLANNING MANAGER MMGT 63 $7,803 $10,494 0.00 1.00 1.00 1.00 0.00 1.00 SENIOR PLANNER MMGT ---1.00 0.00 0.00 0.00 0.00 0.00
ASSOCIATE PLANNER MMGT 46 $5,128 $6,896 1.00 1.00 1.00 1.00 0.00 1.00 ASSISTANT PLANNER MMGT 42 $4,646 $6,248 1.00 1.00 1.00 1.00 0.00 1.00 BUILDING OFFICIAL (FY 2021-22 FREEZE POSITION)MMGT 63 $7,803 $10,494 1.00 1.00 1.00 1.00 0.00 1.00 *(1) PLANS EXAMINER (FY 2021-22 FREEZE POSITION)GENL 47 $5,256 $7,069 1.00 1.00 1.00 1.00 0.00 1.00 *(1) SENIOR BUILDING INSPECTOR GENL 45 $5,003 $6,728 0.00 0.00 0.00 1.00 0.00 1.00 BUILDING INSPECTOR II GENL 41 $4,532 $6,095 2.00 2.00 3.00 2.00 (1.00)1.00 BUILDING INSPECTOR I GENL 39 $4,314 $5,802 1.00 1.00 0.00 0.00 1.00 1.00 SENIOR DEVELOPMENT SERVICES TECHNICIAN GENL 33 $3,720 $5,003 1.00 1.00 1.00 1.00 0.00 1.00 DEVELOPMENT SERVICES TECHNICIAN GENL 30 $3,454 $4,646 0.00 0.00 0.00 0.00 1.00 1.00

14.00 14.00 14.00 14.00 2.00 16.00

HOUSING / SUCCESSOR AGENCY
HOUSING COORDINATOR GENL 43 $4,762 $6,404 1.00 1.00 1.00 1.00 0.00 1.00

1.00 1.00 1.00 1.00 0.00 1.00
DEVELOPMENT SERVICES-TOTAL 15.00 15.00 15.00 15.00 2.00 17.00

Page 4 of 12 ends

Bargaining Salary Minimum Maximum 2018-19 2019-20 2020-21 2021-22 2021-22 2021-22 Unit Grade (Step 1)(Step 13)ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED 2021-22 SCHEDULE OF POSITIONS

PUBLIC WORKS

PUBLIC WORKS - ADMINISTRATION
PUBLIC WORKS DIRECTOR/CITY ENGINEER EXEC 3247 $11,243 $15,118 1.00 1.00 1.00 1.00 0.00 1.00 ACCOUNTING TECHNICIAN GENL 35 $3,908 $5,256 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR ADMINISTRATIVE ASSISTANT GENL 33 $3,720 $5,003 1.00 1.00 1.00 1.00 0.00 1.00 ADMINISTRATIVE ASSISTANT GENL 26 $3,129 $4,209 0.00 0.00 1.00 1.00 0.00 1.00

3.00 3.00 4.00 4.00 0.00 4.00

PUBLIC WORKS - OPERATIONS
OPERATIONS MANAGER MMGT 67 $8,613 $11,583 1.00 1.00 1.00 1.00 0.00 1.00 MAINTENANCE SUPERVISOR MMGT 45 $5,003 $6,728 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR MAINTENANCE WORKER GENL 34 $3,813 $5,128 3.00 3.00 3.00 3.00 0.00 3.00 MAINTENANCE WORKER GENL 28 $3,288 $4,422 10.00 10.00 10.00 10.00 0.00 10.00 FACILITIES COORDINATOR GENL 40 $4,422 $5,947 1.00 1.00 1.00 1.00 0.00 1.00 FACILITIES SPECIALIST GENL 36 $4,006 $5,387 1.00 1.50 1.50 2.00 0.00 2.00 CUSTODIAN GENL 22 $2,835 $3,813 3.50 3.00 3.00 3.00 0.00 3.00 SENIOR EQUIPMENT MECHANIC GENL 38 $4,209 $5,660 1.00 1.00 1.00 1.00 0.00 1.00 EQUIPMENT MECHANIC GENL 34 $3,813 $5,128 2.00 2.00 2.00 2.00 0.00 2.00 INVENTORY SPECIALIST GENL 26 $3,129 $4,209 1.00 1.00 1.00 1.00 0.00 1.00

24.50 24.50 24.50 25.00 0.00 25.00

PUBLIC WORKS - CAPITAL PROJECTS
ENGINEERING MANAGER MMGT 67 $8,613 $11,583 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR ENGINEER MMGT 60 $7,246 $9,744 1.00 1.00 1.00 1.00 0.00 1.00 ASSOCIATE ENGINEER MMGT 54 $6,248 $8,403 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR PUBLIC WORKS INSPECTOR GENL 45 $5,003 $6,728 2.00 2.00 2.00 2.00 0.00 2.00 CROSS CONNECTION CONTROL TECHNICIAN GENL 45 $5,003 $6,728 1.00 1.00 1.00 1.00 0.00 1.00 (Formerly known as SENIOR WATER UTILITY INSPECTOR)6.00 6.00 6.00 6.00 0.00 6.00

TRAFFIC ENGINEERING
PRINCIPAL ENGINEER MMGT 63 $7,803 $10,494 1.00 1.00 1.00 1.00 0.00 1.00 ASSISTANT ENGINEER MMGT 48 $5,387 $7,246 1.00 1.00 1.00 2.00 0.00 2.00 ENGINEERING TECHNICIAN GENL 30 $3,454 $4,646 1.00 1.00 1.00 1.00 0.00 1.00

3.00 3.00 3.00 4.00 0.00 4.00

PUBLIC WORKS - SEWER
ENVIRONMENTAL QUALITY ADMINISTRATOR MMGT 63 $7,803 $10,494 1.00 1.00 1.00 1.00 0.00 1.00 ASSOCIATE ENGINEER MMGT 54 $6,248 $8,403 1.00 1.00 1.00 1.00 0.00 1.00 ASSISTANT ENGINEER MMGT 48 $5,387 $7,246 1.00 1.00 1.00 2.00 0.00 2.00 SENIOR ENVIRONMENTAL CONTROL TECHNICIAN GENL 38 $4,209 $5,662 1.00 1.00 1.00 1.00 0.00 1.00

4.00 4.00 4.00 5.00 0.00 5.00

PUBLIC WORKS - SOLID WASTE
MANAGEMENT ANALYST MMGT 44 $4,881 $6,564 0.00 1.00 1.00 1.00 0.00 1.00

0.00 1.00 1.00 1.00 0.00 1.00

PUBLIC WORKS - WATER
UTILITIES MANAGER MMGT 67 $8,613 $11,583 1.00 1.00 1.00 1.00 0.00 1.00 CHIEF WATER TREATMENT OPERATOR MMGT 51 $5,802 $7,803 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR WATER TREATMENT OPERATOR GENL 43 $4,762 $6,404 2.00 2.00 2.00 2.00 0.00 2.00

Page 5 of 12 ends

Bargaining Salary Minimum Maximum 2018-19 2019-20 2020-21 2021-22 2021-22 2021-22 Unit Grade (Step 1)(Step 13)ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED 2021-22 SCHEDULE OF POSITIONS
(Public Works Continued)
WATER TREATMENT OPERATOR GENL 37 $4,106 $5,522 2.00 2.00 2.00 2.00 0.00 2.00 UTILITY SYSTEM SUPERVISOR MMGT 50 $5,660 $7,612 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR UTILITY SYSTEM WORKER GENL 43 $4,762 $6,404 2.00 2.00 2.00 2.00 0.00 2.00 UTILITY SYSTEM WORKER GENL 34 $3,813 $5,128 8.00 10.00 10.00 11.00 0.00 11.00 SENIOR UTILITY SYSTEM WORKER-SEWER GENL 43 $4,762 $6,404 1.00 1.00 1.00 1.00 0.00 1.00 UTILITY SYSTEM WORKER-SEWER GENL 34 $3,813 $5,128 4.00 6.00 6.00 6.00 0.00 6.00 SENIOR WATER METER TECHNICIAN GENL 34 $3,813 $5,128 1.00 1.00 1.00 1.00 0.00 1.00 WATER METER TECHNICIAN GENL 30 $3,454 $4,646 2.00 2.00 2.00 2.00 0.00 2.00 MANAGEMENT ANALYST MMGT 44 $4,881 $6,564 1.00 1.00 1.00 1.00 0.00 1.00 GIS/CAD TECHNICIAN GENL 39 $4,314 $5,802 1.00 1.00 1.00 1.00 0.00 1.00 CUSTOMER SERVICE SPECIALIST I GENL 25 $3,053 $4,106 0.00 0.00 0.00 1.00 0.00 1.00

27.00 31.00 31.00 33.00 0.00 33.00
PUBLIC WORKS-TOTAL 67.50 72.50 73.50 78.00 0.00 78.00
POLICE

POLICE- SWORN
CHIEF OF POLICE EXEC 94 $16,776 $22,562 1.00 1.00 1.00 1.00 0.00 1.00 POLICE CAPTAIN PDCP 6461 $11,796 $14,338 2.00 2.00 2.00 2.00 0.00 2.00 POLICE LIEUTENANT PD-MMGT 5421 $10,002 $12,157 4.00 4.00 4.00 3.00 0.00 3.00 POLICE SERGEANT PD-MMGT 5387 $8,285 $10,071 9.00 9.00 9.00 9.00 0.00 9.00 POLICE DETECTIVE PDSW 6363 $6,794 $8,259 9.00 9.00 9.00 9.00 0.00 9.00 POLICE CORPORAL PDSW 6363 $6,794 $8,259 0.00 0.00 0.00 5.00 0.00 5.00 POLICE OFFICER PDSW 6339 $6,044 $7,347 50.00 50.00 50.00 49.00 0.00 49.00

75.00 75.00 75.00 78.00 0.00 78.00

POLICE- NON-SWORN
CRIME ANALYST MMGT 45 $5,003 $6,728 0.00 1.00 1.00 1.00 0.00 1.00 EXECUTIVE ASSISTANT TO THE CHIEF OF POLICE MMGT 41 $4,532 $6,095 0.00 1.00 1.00 1.00 (1.00)0.00 FORENSIC SPECIALIST GENL 38 $4,209 $5,660 1.00 1.00 1.00 1.00 0.00 1.00 CRIME ANALYST TRAINEE GENL 38 --1.00 0.00 0.00 0.00 0.00 0.00 SENIOR ACCOUNTING TECHNICIAN GENL 40 $4,422 $5,947 0.00 0.00 0.00 1.00 0.00 1.00 ACCOUNTING TECHNICIAN GENL 35 $3,908 $5,256 1.00 1.00 1.00 0.00 0.00 0.00 SENIOR ADMINISTRATIVE ASSISTANT GENL 33 $3,720 $5,003 1.00 0.00 0.00 0.00 1.00 1.00 ADMINISTRATIVE ASSISTANT GENL 26 $3,129 $4,209 0.00 1.00 1.00 1.00 (1.00)0.00 POLICE DISPATCH SUPERVISOR MMGT 44 $4,881 $6,564 1.00 1.00 1.00 1.00 0.00 1.00 LEAD DISPATCHER (FY 2021-22 FREEZE ONE POSITION)GENL 37 $4,106 $5,522 2.00 2.00 2.00 2.00 0.00 2.00 *(1) POLICE DISPATCHER II GENL 35 $3,908 $5,256 10.00 10.00 10.00 10.00 0.00 10.00 POLICE RECORDS SUPERVISOR MMGT 34 $3,813 $5,128 1.00 1.00 1.00 1.00 0.00 1.00 POLICE RECORDS SPECIALIST II GENL 25 $3,053 $4,106 6.00 5.00 5.00 5.00 0.00 5.00 HOMELESS SERVICES COORDINATOR GENL 41 $4,532 $6,095 0.00 0.00 0.00 1.00 0.00 1.00 HOMELESS COORDINATOR GENL 30 $3,454 $4,646 0.00 0.00 1.00 0.00 0.00 0.00 TRAFFIC AIDE GENL 28 $3,288 $4,422 0.00 0.00 0.00 0.00 1.00 1.00 POLICE SERVICES TECHNICIAN GENL 27 $3,208 $3,208 5.00 6.00 6.00 6.00 1.00 7.00

29.00 30.00 31.00 31.00 1.00 32.00

Page 6 of 12 ends

ANIMAL SERVICES
ANIMAL SERVICES SUPERVISOR MMGT 38 $4,209 $5,660 1.00 1.00 1.00 1.00 0.00 1.00 ANIMAL SERVICES OFFICER (FY 21-22 FREEZE ONE POSITION)GENL 32 $3,629 $4,881 3.00 3.00 3.00 3.00 0.00 3.00 *(1)

4.00 4.00 4.00 4.00 0.00 4.00

CODE ENFORCEMENT
CODE ENFORCEMENT OFFICER GENL 38 $4,209 $5,660 4.00 4.00 4.00 4.00 0.00 4.00

4.00 4.00 4.00 4.00 0.00 4.00
POLICE-TOTAL 112.00 113.00 114.00 117.00 1.00 118.00
GRAND TOTAL 231.50 239.50 242.50 251.00 5.00 256.00
^ Position funded through 12/31/2024.
† Number of limited term positions. Position funded through 12/31/2023. * Number of positions to remain unfilled for FY 2021-22.

Page 7 of 12 ends

City of Upland
Personnel Cost Out
Based on Adopted FY21-22 Budget
Position EE#Employee Name
Step @
06/30/22 FT/PT % assigned Org FTE Salary Normal PERS Fringe Benefits Salary & Benefits Building Inspector I BI1-1 STEP 1 1 FT 50.00%101 2201 1.00 25,934 2,697 8,631 37,262

50.00%201 2931 25,934 2,698 8,631 37,263 100.00%51,868 5,395 17,262 74,525 Building Inspector II BI2-1 STEP 1 1 FT 50.00%101 2201 1.00 27,248 2,834 8,653 38,735

50.00%201 2931 27,248 2,834 8,653 38,735 100.00%54,496 5,668 17,306 77,470 101 2201 (1,314) (137) (22) (1,473) 201 2931 (1,314) (136) (22) (1,472) SALARY SAVINGS - STEP 1 (2,628) (273) (44) (2,945) Building Inspector I BI1-7 STEP 7 7 FT 50.00%101 2201 1.00 30,075 3,128 8,699 41,902

50.00%201 2931 30,076 3,129 8,700 41,905 100.00%60,151 6,257 17,399 83,807 Building Inspector II BI2-7 STEP 7 7 FT 50.00%101 2201 1.00 31,599 3,287 8,724 43,610

50.00%201 2931 31,600 3,288 8,725 43,613 100.00%63,199 6,575 17,449 87,223 101 2201 (1,524) (159) (25) (1,708) 201 2931 (1,524) (159) (25) (1,708) SALARY SAVINGS - STEP 7 (3,048) (318) (50) (3,416) Building Inspector I BI1-13 STEP 13 13 FT 50.00%101 2201 1.00 34,864 3,627 8,779 47,270

50.00%201 2931 34,864 3,628 8,779 47,271 100.00%69,728 7,255 17,558 94,541 Building Inspector II BI2-13 STEP 13 13 FT 50.00%101 2201 1.00 36,631 3,812 8,808 49,251

50.00%201 2931 36,632 3,812 8,808 49,252 100.00%73,263 7,624 17,616 98,503 101 2201 (1,767) (185) (29) (1,981) 201 2931 (1,768) (184) (29) (1,981) SALARY SAVINGS - STEP 13 (3,535) (369) (58) (3,962) Development Services Department
Building and Planning
1/13/2022 2:13 PM M:\BUDGET\FY 21_22\Salaries FY21_22\Cost Outs\220113 COST OUT - HR - Building Inspector II-I Sal Savings.xlsx\Bldg Insp Sal Sav 220113 Page 1 of 1Page 8 of 12

Job Description City of Upland 1

BUILDING INSPECTOR I

GENERAL PURPOSE
Under general supervision, performs semi-skilled inspection work in the enforcement of building, zoning, fire, mechanical, plumbing, electrical, housing, disabled access, energy and related codes and regulations governing the construction, alteration, repair and use of buildings and structures; and performs related duties as assigned.

CLASS CHARACTERISTICS
The Building Inspector I is the entry-level class. Incumbents initially work under direct supervision and learn and perform the full range of duties associated with the class based upon the City’s inspection standards and practices. Incumbents may advance to the Building Inspector II level by demonstrating the ability to perform a wide range of different types of residential, commercial, and industrial inspection under limited supervision.

ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to this class. Other duties and responsibilities may be added, deleted, or changed at any time at the discretion of management and agreed upon by both management and the Public Communications Specialist, either orally or in writing.

1. Conducts inspections of construction work requiring permits to enforce building, zoning, fire, mechanical, plumbing, electrical, housing, disabled access, and related codes and regulations.

2. Advises property owners, contractors, architects, engineers and others on matters relevant to construction methods, materials, types of construction and occupancies.

3. Reviews plans and specifications for buildings and related types of construction involving installation, repair, replacement and alteration of structures for compliance with applicable codes and regulations; issues building, plumbing and electrical permits, as well as certificates of occupancy.

4. Inspects sites and buildings before construction or alteration to determine practicability of plans, compliance with regulations, and validity of permits; inspects building sites during construction, alteration or repair for compliance with the minimum building standards and safety and construction codes and regulations.

5. Investigates and resolves public complaints and problems.

6. Interprets building codes and regulations and explains inspection programs.

7. Advises property owners on matters relating to building permits.

8. Inspects sites and buildings before construction or alteration to determine practicability of plans, compliance with regulations, and validity of permits; inspects building sites during construction, alteration or repair for compliance with the minimum building standards and safety and construction codes and regulations.

9. Issues building permits for approved work and correction notices, violations, or stop work notices given to non-conforming or un-permitted work being performed; details reasons for non-conformance or sub-standard conditions in correspondence with property

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Job Description City of Upland 2

owners or contractors; maintains records of history of facts for possible legal actions involving non-compliance with code requirements. works with legal representative in cases involving non-compliance with code requirements.

10. Investigates complaints regarding insect or rodent infestation and other potential violations of health laws, codes and regulations, including sewage back-ups, and advises appropriate personnel.

11. Prepares incident reports, field records, and inspection files, including accounts of observed conditions.; maintains digital and paper files and reports regarding inspections, and plan check activities and findings.

12. Performs other related duties as assigned.

QUALIFICATION GUIDELINES

Knowledge of:

Basic building construction, alteration and repair inspection methods and principles; commercial, industrial and residential building construction, alteration and repair methods, materials and techniques; general construction and municipal and state building, plumbing, mechanical and electrical codes; local zoning, occupancy and health and safety ordinances; public and contractor customer service methods and communication techniques; basic math; records management and file maintenance procedures; inspection tools and modern office equipment procedures and practices.; automated and database computer tracking system practices; permit request and application procedures.

Ability to:

Review and understand plans and specifications for building and related construction; inspect building sites during construction, alteration or repair and enforce building, zoning and related codes and regulations; learn permit request and application procedures; learn and use automated and database computer tracking system; deal courteously and communicate effectively with a variety of individuals in the course of the work; maintain accurate records and prepare clear and concise reports and documentation; make sound judgments within established guidelines.

Education:

Graduation from high school or GED equivalent and successful completion of an acceptable course(s) in building technology.

Possession of an Associates degree or certification from an accredited college or university in building technology or construction technology is highly desirable.

Training/Experience:

Two years of experience in building construction at the foreman or contractor level.

Licenses/Certificates/and Special Requirements:

Possession of a valid International Code Council (ICC) Building Inspectors License or Certification Conference Building Officials (ICBO) Building Inspectors License or certification.

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Job Description City of Upland 3

Possession of, or ability to obtain, a valid Class C California driver's license, an acceptable driving record and evidence of insurability.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:

While performing the duties of this class, employees are regularly required to sit; stand, walk and drive; talk or hear, in person and by telephone; use hands to finger, handle, feel or operate standard office equipment; reach with hands and arms. Employees are frequently required to walk and stand and to lift and move records and documents weighing up to 20 50 pounds.

The employee must frequently lift and/or move up to 50 pounds and occasionally up to 100 pounds.

Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

Mental Demands:

While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems while in the field; observe and interpret situations; learn and apply new information or skills; perform highly detailed work on multiple, concurrent tasks; work under intensive deadlines; and interact with City Manager, staff, customers, the public, and others encountered in the course of work.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The employee regularly works in outside weather conditions. The employee frequently works near moving mechanical parts, is exposed to wet or humid conditions and vibration, and works in high, precarious places. The employee is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The noise level in the work environment is frequently loud.

DETAILS:

Department: Building and Safety
Reports To: Building Official
Provides Direction To: N/A
Exemption Status: Non-Exempt
Employment Grouping: General
Date Prepared:

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Job Description City of Upland 4

Date Updated: January 18, 2022
Salary: Range 39

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S T A F F R E P O R T
I T E M N O . 10.E .

R I C H A R D J E G A N A T H A N , I N F O R M A T I O N T E C H N O LO G Y M A N A G E R S U B J E C T :A P P R O V E A N A G R E E M E N T W I T H C O M P L E T E PA P E R L E S S

S O L U T I O N S F O R A N E N T E R P R I S E C O N T E N T M A N A G E M E N T

S O F T W A R E - A R PA F U N D S

R E C O M M E N D E D A C T I O N
I t is recom m en d ed t h at C it y C ou n ci l ap p rove an ag reem en t w it h C om p lete Pap erless S olution s to p u rch ase an en t erp ri se c on t en t m an ag em en t sys tem , aut horize th e C ity M anag er to execu te t h e ag reem en t , an d ap p rove t h e u se of $13 6,0 68 in A m erican Rescue P lan A ct (A R PA ) fu nd s.

G O A L S T A T E M E N T
Th e p rop osed acti on s u p p orts th e C ity’s g oal t o p rovid e tran s p aren t g overn m en t wh ere everyon e in our Up lan d com m un ity can easily p articip ate an d en g ag e.

B A C K G R O U N D
O n M arch 1 1, 20 21 , th e P resi d en t sig n ed i n t o law th e A m eri can Resc u e P lan A ct , als o kn ow n as “A R PA .” Th e fed eral s ti m u lu s p rog ram allocat es $1.9 trillion over t h e n ext t hree years to help state and local g overn m en ts resp ond to the econ om ic and p ub lic health of im p acts of C O V I D -1 9. U n d er t h e l aw, each local g overn m en t ag en cy nat ion w id e recei ves an al loc ati on of A R PA fu n d s, b ased on a form ul a. T he C it y’s sh are is $1 5.2 m il li on. Th e st im u l u s p rog ram is d esig ned to g ive com m un it ies b road l ati tu d e on sp en d in g t h e fu n d s for eli g i b l e u s es. Th ese uses in clud e (1 ) resp on d ing t o t h e p ub lic h eal th em erg en cy or n eg ati ve econ om ic im p ac ts for hou seh old s an d b u sinesses, (2 ) res p on d i n g t o workers p erform in g essent ial w ork d u ri ng the em erg en cy b y p rovid in g p rem iu m p ay or p rovi d i n g g ran t s t o eli g i b l e em p loyers p erform in g essential w ork, (3 ) p rovid in g g overnm ent services, an d (4 ) m akin g n ecessary in vest m en ts in w ater, sewer, or b road b an d infrastru cture.

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I S S U E S /A N A L Y S I S
O ur c urren t d ocu m en t m an ag em ent system i s lac kin g an d n ot ab le t o su p p ort ou r exp and in g need s. O u r c urren t p u b li c access p ortal is very b asic and is d i ffic u l t for m em b ers of th e p ub lic to search for d ocum ents. T he p rop osed new software w ill p rovid e rob u st search fun ction ality for our resi d en ts . Th is n ew soft w are w il l increase t ran sp aren cy an d collab orat ion ac ros s the city d ep art m en ts . Th is soft w are wi ll all ow record s t o b e easi ly s can n ed in to t he system an d d ig itally stored for easy retrieval b y staff.

Th e C i ty rec eived q uot es from fou r ven d ors for enterp rise m an ag em en t con ten t system s. A fter careful evalu ation of q uot es b y th e sel ect ion revi ew com m i tt ee, C P S w as sel ect ed as the vend or for th is p roject.

F I S C A L I M P A C T S
Th e C it y has ap p roxim ately $2 50 ,00 0 i n u nallocated A R PA fun d i ng . C ity C ou n c il has alread y set asid e $10 0,0 00 for t his soft w are in ap p rovin g th e A R PA I n ves tm en t P lan . A n ad d ition al $3 6,0 68 i s b ein g req u est ed for a tot al al loc ati on of $13 6,0 68 . A p p roval of this item w ould in crease t h e F Y 2 1/2 2 B u d g et i n F u n d 2 29 b y $13 6,0 68 for p u rc h as e of ent erp rise con ten t m an ag em ent system .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Professional services agreement

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1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of January 18, 2022 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and Complete Paperless Solutions(CPS), a LLC with its principal place of business at 5031 E. La Palma Avenue, Suite 206, Anaheim, CA 92807 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Set-up and design of Enterprise Document Management System

(hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $136,068.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a

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2 statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

The term of this Agreement shall be from February 1st, 2022 to July 31st, 2022 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed).

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

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Upland City CouncilJanuary 24, 2022

Upland City Council
January 24, 2022