U P L A N D C I T Y C O U N C I L
A G E N D A
M a rc h 1 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.
* * * * * * * * * * * *
6 :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 - E X I S T I N G
L I T I G A T I O N
(Parag rap h (1) of su b d ivi si on (d ) of C aliforn ia G overn m en t C od e S ection 54 95 6.9 )
C ase N am e:
J eann ette Vag n ozzi v. C ity of U p land
S an B ernard ino C ou nt y S up eri or C ou rt of C al iforn i a C ase N o.C I V S B 21 22 49 6
* * * * * * * * * * * *
7:00 P M
5.I N V O C A T I O N
Reh ana M ow jood , M id d le G rou nd M u slim C en ter
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
C ertificate of Recog nition to E ag le S cout G avin Revelli, Troop 40 3
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 the Reg u lar M eeti ng M in ut es of Feb ru ary 28 , 2 02 2. (S taff Person :
Keri J oh nson)
B.A P P R O V A L O F F E B R U A RY W A R R A N T A N D PA Y R O L L R E G I S T E R S A p p rove th e J an uary Warran t Reg isters (check nu m b ers 37 86 8-3 81 67 ) and D irect D is b u rs em en ts t otal in g $ 9 ,51 2,8 79 .58 an d Payroll Reg isters totaling $1 ,32 7,5 01 .11 (ch eck n um b ers 1 62 26 1-1 62 27 4 an d E lectron ic F u nd Transfers 32 47 4-3 2 9 62 ). (S taff Person: S tep hen Parker)
C .A P P R O V A L O F S I D E L E TT E R B E T W E E N C I T Y O F U P L A N D A N D U P L A N D
C I T Y E M P LOY E E S A S S O C I A T I O N F O R A O N E -T I M E A D D I T I O N A L
V A C A T I O N , H O L I D A Y, O R C O M P T I M E C A S H -O U T F O R P O L I C E
D I S PA TC H E R S
A d op t t he si d e let ter ag reem en t w it h U p lan d C i ty E m p loyees A ssociation (U C E A ) t o allow a one-tim e ad d it ion al cash-ou t of vacation , hol id ay, or com p tim e for Police D isp atch ers. (S taff Person: S tep hen Parker) D.A P P R O V A L O F A N A M E N D M E N T TO P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H M V C H E N G & A S S O C I A T E S, I N C .
A p p rove A m en d m ent N o. 3 to th e p rofession al servic es ag reem ent wi th M V C h eng & A ssociat es I nc. for s taff au g m en t ati on s ervi ces u t il iz in g A m erican Rescue P lan A ct fun d s; an d au t h orize t h e C i ty M an ag er t o exec u t e th e am en d m ent. (S taff Person: S tep hen Parker)
E .A P P R O V A L O F E X T E N S I O N TO T H E A G R E E M E N T W I T H C A R L W A R R E N
A N D C O M PA N Y F O R C L A I M S A D M I N I S T R A TO R F O R T H E C I T Y 'S S E L F
I N S U R A N C E P R O G R A M
A p p rove exerci si ng th e op ti on to ext end th e ag reem ent for one (1 ) ad d ition al year for p rofess ion al services of C arl W arren and C om p an y to p rovid e C l aim s A d m inistration for th e C i ty's S elf I n su ran ce P rog ram ; and authorize th e C ity M an ag er to execu te th e ag reem en t. (S t aff Person :
S tep h en Parker)
F.A P P R O V A L O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T F O R
T R A I N I N G I N TA R G E T E D V I O L E N C E A N D T E R R O R I S M P R E V E N T I O N A p p rove a p rofessional servic es ag reem en t wi th K im Tu rn er, L LC for th e d evelop m ent, im p lem entation, and p res ent ati on of t h e U p lan d Police D ep artm ent t rai n i n g for Targ eted V iolen ce an d Terroris m P reven tion as d efined with in t h e con tract ; and au th ori ze th e C it y M an ag er t o exec u t e th e ag reem en t. (S taff Person : D arren G ood m an )
G .A P P R O V A L O F T H E S A N B E R N A R D I N O C O U N T Y M U N I C I PA L S E PA R A T E
S TO R M S E W E R S Y S T E M C O M M O N I N T E R E S T, J O I N T D E F E N S E , A N D
C O N F I D E N T I A L I T Y A G R E E M E N T A M O N G P E R M I TT E E S A p p rove t he S an B ernard ino C ou nt y M u n ic ip al S ep arate S t orm S ewer System -N at ion al Pol lu ti on D isch arg e E li m i nat ion S yst em C om m on I n terest, J oin t D efens e, an d C onfid en tiality A g reem ent am on g Perm ittees on b eh alf of th e C it y of U p land ; an d au t h orize t h e C it y M anag er to execute th e ag reem en t. (S taff Person : B rad en Yu)
H .A C C E P TA N C E O F P U B L I C A N D P R I V A T E I M P R O V E M E N T S F O R T R A C T 20 02 3, G E N E R A L LY LO C A T E D O N T H E S O U T H S I D E O F 9 T H S T R E E T
E A S T O F B O D E N H A M E R
A ccep t t h e p u b l ic i m p rovem ent s con st ru ct ed b y A D C S ag e TT H , g enerally located on th e sou th s id e of 9th S t reet east of B od en h am er; an d ap p rove th e red uction of the Faith ful Perform an ce B ond and L ab or and M aterials B on d to twen ty five p ercen t (2 5%). (S taff Person : B rad en Yu) I .A P P R O V A L O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T F O R L E M O N
F E S T I V A L M A N A G E M E N T
A p p rove the ag reem en t w ith S ou nd skilz I nc. to p rod uce an d m an ag e th e L em on Festival and au th orize th e C ity M anag er to execu te th e ag reem ent. (S taff Person: M ichael B lay)
11.P U B L I C H E A R I N G S
A .C O N S I D E R A T I O N O F A N O R D I N A N C E TO R E G U L A T E S H O P P I N G C A R T S
A N D A B A T E R E L A T E D N U I S A N C E S
Th e C it y C ou ncil w ill con d u ct a p u b l ic hearin g to c on s id er int rod ucin g an O rd in ance to reg u late shop p ing carts and ab ate related n uisan ces. (S taff Person: D arren G ood m an)
Recom m end ation:1 )S taff P resen tation
2 )H old P u b lic H earing
3 )C lose P ub lic H earin g
4 )H old fi rs t read ing b y title on ly, waive fu rt her read in g , and in trod u ce an O rd in ance rep ealing Up lan d M u nicip al C od e S ection 9 .04 .10 0 an d ad d ing C h ap ter
9.6 2 reg ard ing sh op p in g carts to create an d
im p lem en t an effective p roced u re to reg ulate
sh op p in g carts an d ab ate related n uisan ces.
12.C O U N C I L C O M M I T T E E R E P O R T S
13.B U S I N E S S I T E M S
A .C O N S I D E R A T I O N O F C H A N G E S TO T H E P L A N N I N G C O M M I S S I O N E R
A P P O I N T M E N T P R O C E S S
P rovid e d i rec ti on to s taff reg ard in g t h e ap p oin tm ent p roces s for th e P lann in g C om m ission. (S taff Person : Keri J oh nson) B.I S S U A N C E O F S P E C I A L TA X B O N D S F O R C O M M U N I T Y FA C I L I T I E S D I S T R I C T N O. 20 15 -1 (S Y C A M O R E H I L L S ), I M P R O V E M E N T A R E A N O. 2 A d op t a Resol ut ion to au th ori ze th e issu ance of th e D is tric t's S p ec ial Tax B on d s, S eri es 2 02 2 (I m p rovem en t A rea N o. 2), an d ap p rove certain d ocum ents an d take certain other action s in conn ection th erewith . (S taff Person: S tep hen Parker)
C .M I D -Y E A R B U D G E T R E V I E W F Y 20 21 /22 I t is rec om m en d ed th at t h e C ity C ou n ci l review th e M id -Year B u d g et and take the following action s. (S taff Person : S tep h en Parker)
1. Receive an d file the M id -Year B u d g et Review for F iscal Year 20 21 /22 ; and
2. A p p rove th e M id -Year B ud g et Review's P rop osed A d justm ents; an d
3. A p p rove th e up d ated S ch ed u le of Position s.
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 n ext reg u larly sch ed u led C ity C oun cil m eeting is M on d ay, M arch 2 8, 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 M a rch 9, 2022 a t ru e a n d co rre ct co p y o f t hi s a g e nd 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.
STAFF REPORT
ITEM NO. 10.B.
DATE:March 14, 2022
TO:MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER
LONDA BOCK-HELMS, CPA, FINANCE OFFICER
SUBJECT:APPROVAL OF FEBRUARY WARRANT AND PAYROLL REGISTERS
RECOMMENDED ACTION
It is recommended that City Council approve the January Warrant Registers (check numbers 37868-38167) and Direct Disbursements totaling $ 9,512,879.58 and Payroll Registers totaling $1,327,501.11 (check numbers 162261-162274 and Electronic Fund Transfers 32474- 32 962).
GOAL STATEMENT
The proposed action supports the City's goal to manage the City's resources in a fiscally responsible and transparent manner.
BACKGROUND
The City Council is presented with the financial disbursements for the purchase of materials, supplies, services, capital projects, and payroll warrants issued in the prior month. This process provides the City Council the opportunity to review the expenses of the City.
ISSUES/ANALYSIS
In accordance with Government Code Section 37208, the Finance Officer hereby certifies that the attached Warrant Registers, Direct Disbursements, and Payroll Registers have been found to conform to the approved budget and have been paid. These demands are submitted to the City Council for review and approval.
F I S C A L I M P A C T S
F u nd s are availab le for t he p aym en t of th e W arran t Reg i st ers, D i rec t D i sb ursem ent s, an d Payroll Reg isters in accord an ce with th e F Y 20 21 -22 op erating b u d g et.
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
Disbursement Register February 2022
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 37868 02/02/2022 PRINTED 521 COUPLAND, DONNA 439.20
37869 02/02/2022 PRINTED 44891 FARLEY, SANDRA 2,149.20
37870 02/02/2022 PRINTED 1271 GARCIA, NATALIE 196.65
37871 02/02/2022 PRINTED 132291 JOHNSON, VALERIE 99.75
37872 02/02/2022 PRINTED 56981 KENDALL, ANDREA 1,955.25 37873 02/02/2022 PRINTED 210 SALDANA DIAZ, NURYS E.28.00 37874 02/02/2022 PRINTED 407 SINGLETON, DENICE 603.19
37875 02/02/2022 PRINTED 82591 1-800 RADIATOR 144.39
37876 02/02/2022 PRINTED 37 5 STAR JANITORIAL 1,700.00
37877 02/02/2022 PRINTED 36721 ALHAMBRA REPROGRAPHICS INC 286.22 37878 02/02/2022 PRINTED 291 ADVANCE STORE CO, INC 1,438.91 37879 02/02/2022 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 12,165.00 37880 02/02/2022 PRINTED 1243 AMERICAN GLOBAL SECURITY, INC 11,544.67 37881 02/02/2022 PRINTED 1291 AMTECH ELEVATOR SERVICES 1,727.49 37882 02/02/2022 PRINTED 117311 ASCAP 764.09
37883 02/02/2022 PRINTED 12378 ATKINSON ANDELSON LOYA RUDD 28,978.09 37884 02/02/2022 PRINTED 1193 BRIDGEPAY NETWORK SOLUTIONS 22.60 37885 02/02/2022 PRINTED 5944 BURRTEC WASTE INDUSTRIES 823,404.09 37886 02/02/2022 PRINTED 83401 CARL WARREN & CO 269.50
37887 02/02/2022 PRINTED 82791 CHEM PRO LABORATORY INC 298.00 37888 02/02/2022 PRINTED 448 CINTAS CORPORATION 1,069.45 37889 02/02/2022 PRINTED 122791 CODE 3 INC 512.37
37890 02/02/2022 PRINTED 45421 COSTAR REALTY INFORMATION GROUP INC 504.36 37891 02/02/2022 PRINTED 16636 DELL MARKETING LP 1,912.51 37892 02/02/2022 PRINTED 124 DEPARTMENT OF JUSTICE 337.00 37893 02/02/2022 PRINTED 82651 ECONOLITE SYSTEMS 32,495.95 37894 02/02/2022 PRINTED 4402 VARGAS, LUPE B 1,490.00
37895 02/02/2022 PRINTED 2435 EVERSOFT 742.28
37896 02/02/2022 PRINTED 96251 FORD OF UPLAND 836.42
37897 02/02/2022 PRINTED 777 COURT-ORDERED DEBT COLLECTIONS 152.44 37898 02/02/2022 PRINTED 99418 FRANCHISE TAX BOARD 92.66 37899 02/02/2022 PRINTED 78 FRONTIER 46.25
37900 02/02/2022 PRINTED 78 FRONTIER 111.55
37901 02/02/2022 PRINTED 78 FRONTIER 340.00
37902 02/02/2022 PRINTED 5661 G & M BUSINESS INTERIORS 1,976.59 37903 02/02/2022 PRINTED 1255 GEISSELE AUTOMATICS INC 33,098.00 37904 02/02/2022 PRINTED 111251 GNA BROOK FIRE PROTECTION INC 58.80 37905 02/02/2022 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS 6,668.20 37906 02/02/2022 PRINTED 129521 GRAFIX SYSTEMS 530.27
37907 02/02/2022 PRINTED 290 GRAINGER 160.39
37908 02/02/2022 PRINTED 306 HACH CO 2,109.76
37909 02/02/2022 PRINTED 1212 HARDY & HARPER, INC 534,289.26 37910 02/02/2022 PRINTED 1212 HARDY & HARPER, INC 2,200.00 37911 02/02/2022 PRINTED 131101 HARRINGTON INDUSTRIAL PLASTICS 442.65 37912 02/02/2022 PRINTED 329 HOLLIDAY ROCK CO INC 572.15 37913 02/02/2022 PRINTED 629 HONEYCOTT, INC 135.00
37914 02/02/2022 PRINTED 4495 HOSE-MAN INC 217.17
37915 02/02/2022 PRINTED 295 INLAND EMPIRE UNITED WAY 26.00 City of Upland
Accounts Payable Check Reconciliation Register
02/01/2022 - 02/28/2022
Prepared By: Erin Myers Page 1 of 7 3/2/2022 10:11 AM
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 37916 02/02/2022 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 36,683.28 37917 02/02/2022 PRINTED 785 INSTRUMENT & VALVE SERVICES COMPANY 900.00 37918 02/02/2022 PRINTED 106951 INTEGRATED TECHNOLOGY 2,299.16 37919 02/02/2022 PRINTED 284 J G BAUTISTA CONSULTING 9,825.00 37920 02/02/2022 PRINTED 48371 JEEP CHRYSLER OF ONTARIO 734.85 37921 02/02/2022 PRINTED 1173 JHD PLANNING, LLC 39,075.00 37922 02/02/2022 PRINTED 913 JOEL'S AUTOMOTIVE, INC 167.62 37923 02/02/2022 PRINTED 53241 KONICA MINOLTA BUSINESS SOLUTIONS 9,370.96 37924 02/02/2022 PRINTED 107341 LAWSON PRODUCTS INC 314.27 37925 02/02/2022 PRINTED 16001 LAYNE, RANDALL 272.42
37926 02/02/2022 PRINTED 408 LCC INLAND EMPIRE DIVISION 21,912.00 37927 02/02/2022 PRINTED 85481 LIFE-ASSIST INC 612.88
37928 02/02/2022 PRINTED 197 LOS ANGELES FREIGHTLINER 106.03 37929 02/02/2022 PRINTED 122601 LOWE'S 1,764.04
37930 02/02/2022 PRINTED 445 MATHISEN OIL CO INC 1,415.78 37931 02/02/2022 PRINTED 824 MK CONSULTING 1,960.41
37932 02/02/2022 PRINTED 473 MUNICIPAL MAINTENANCE EQUIPMENT INC 1,324.05 37933 02/02/2022 PRINTED 16877 NEXTDAY DELIVERY SERVICE, LLC 155.43 37934 02/02/2022 PRINTED 42771 OCCU-MED LTD 2,031.00
37935 02/02/2022 PRINTED 6625 P F SERVICES INC 150.00
37936 02/02/2022 PRINTED 64331 PACIFIC TELEMANAGEMENT SERVICE 63.00 37937 02/02/2022 PRINTED 1159 PARKMOBILE LLC 500.00
37938 02/02/2022 PRINTED 16760 POLY-CORR INDUSTRIES INC 2,448.94 37939 02/02/2022 PRINTED 62081 QUADIENT LEASING USA, INC 1,863.42 37940 02/02/2022 PRINTED 240 RICHARD BRADY AND ASSOCIATES 125,586.25 37941 02/02/2022 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 2,020.28 37942 02/02/2022 PRINTED 67381 ROUTE 66 CAR WASH INC 345.00 37943 02/02/2022 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 300.00 37944 02/02/2022 PRINTED 592 RYMAX ELECTRIC INC 4,118.50 37945 02/02/2022 PRINTED 90591 S & J SUPPLY CO INC 6,858.38 37946 02/02/2022 PRINTED 2225 SAN BERNARDINO COUNTY FIRE 455.00 37947 02/02/2022 PRINTED 2225 SAN BERNARDINO COUNTY FIRE 682.00 37948 02/02/2022 PRINTED 11671 SAN BERNARDINO COUNTY 333.10 37949 02/02/2022 PRINTED 131121 SHRED-IT USA JV LLC 210.37 37950 02/02/2022 PRINTED 507 SILVER & WRIGHT LLP 7,301.10 37951 02/02/2022 PRINTED 3835 SOUTH COAST A Q M D 582.74 37952 02/02/2022 PRINTED 93401 SOUTHERN CALIFORNIA EDISON 1,763.44 37953 02/02/2022 PRINTED 1337 STANDARD INSURANCE COMPANY 2,650.60 37954 02/02/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 612.61 37955 02/02/2022 PRINTED 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 406.00 37956 02/02/2022 PRINTED 93351 STEVE'S FIVE STAR SERVICE INC 187.00 37957 02/02/2022 PRINTED 2439 T K E ENGINEERING INC 3,762.50 37958 02/02/2022 PRINTED 11000 TEAGUE, LON 501.73
37959 02/02/2022 PRINTED 45851 THE PRINTERS 63.57
37960 02/02/2022 PRINTED 11583 THOMPSON PLUMBING SUPPLY 58.65 37961 02/02/2022 PRINTED 99981 THOMSON REUTERS - WEST PAYMENT CENTER 1,296.01 37962 02/02/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,313.30 37963 02/02/2022 PRINTED 626 TMP ENTERPRISES, LLV 200.00 37964 02/02/2022 PRINTED 62321 U.S. TELEPACIFIC CORP 3,317.99 37965 02/02/2022 PRINTED 863 TRUE NORTH RESEARCH 26,280.00 37966 02/02/2022 PRINTED 14735 VERIZON WIRELESS 4,476.86 37967 02/02/2022 PRINTED 857 WATERLINE TECHNOLOGIES, INC 642.51 37968 02/02/2022 PRINTED 766 WEST END CONSOLIDATED WATER CO 12,488.05 Prepared By: Erin Myers Page 2 of 7 3/2/2022 10:11 AM
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 37969 02/02/2022 PRINTED 635 ISOTECH PEST MANAGEMENT INC 1,073.00 37970 02/02/2022 PRINTED 51 STEVEN WYNO 280.29
37971 02/09/2022 PRINTED 132551 AMERICAN FIDELITY ASSURANCE 6,467.54 37972 02/09/2022 PRINTED 6109 AMERICAN HERITAGE LIFE INS CO 93.09 37973 02/09/2022 PRINTED 1123 HYATT LEGAL PLANS, INC 651.00 37974 02/09/2022 PRINTED 16823 PRE PAID LEGAL SVC, INC 105.65 37975 02/09/2022 PRINTED 1310 UNITED PET CARE LLC 94.00 37976 02/09/2022 PRINTED 996 AARDVARK 1,517.73
37977 02/09/2022 PRINTED 291 ADVANCE STORE CO, INC 317.19 37978 02/09/2022 PRINTED 862 BADGER METER INC 4,136.15
37979 02/09/2022 PRINTED 95868 BOARD OF EQUALIZATION 2,441.00 37980 02/09/2022 PRINTED 1877 FRANCISCO MONRREAL 515.05 37981 02/09/2022 PRINTED 448 CINTAS CORPORATION 1,354.51 37982 02/09/2022 PRINTED 163 CLINICAL LABORATORY OF SAN BERNARDINO, INC 1,013.00 37983 02/09/2022 PRINTED 1147 COUNTS UNLIMITED, INC 500.00 37984 02/09/2022 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 63.54 37985 02/09/2022 PRINTED 1153 DENCO LIEN SALES, INC 609.00 37986 02/09/2022 PRINTED 64901 DESIGN WEST ENGINEER INC 3,079.07 37987 02/09/2022 PRINTED 924 DFM ASSOCIATES 64.35
37988 02/09/2022 PRINTED 10485 EXPERIAN 77.00
37989 02/09/2022 PRINTED 4456 FEDERAL EXPRESS 7.79
37990 02/09/2022 PRINTED 1011 FOOTHILLS BANK 114,512.00 37991 02/09/2022 PRINTED 78 FRONTIER 91.67
37992 02/09/2022 PRINTED 78 FRONTIER 120.60
37993 02/09/2022 PRINTED 78 FRONTIER 559.05
37994 02/09/2022 PRINTED 78 FRONTIER 1,220.00
37995 02/09/2022 PRINTED 78 FRONTIER 1,495.39
37996 02/09/2022 PRINTED 1192 GATEWAY PACIFIC CONTRACTORS, INC 803,942.25 37997 02/09/2022 PRINTED 5206 H D L COREN & CONE 4,200.00 37998 02/09/2022 PRINTED 90227 HEARD'S INVESTIGATIONS AND POLYGRAPH, LLC 175.00 37999 02/09/2022 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 22,131.20 38000 02/09/2022 PRINTED 4137 INLAND FAIR HOUSING MEDIATION BOARD/FHMB 11,748.46 38001 02/09/2022 PRINTED 80561 KEENAN & ASSOCIATES 6,745.33 38002 02/09/2022 PRINTED 937 TURNER, KIMBERLY 15,150.00 38003 02/09/2022 PRINTED 267 LARA, JASON 387.00
38004 02/09/2022 PRINTED 1353 LEON, MICHAEL 125.00
38005 02/09/2022 PRINTED 987 LYNN PROMOTIONS 28.00
38006 02/09/2022 PRINTED 16385 MAIN STREET SIGNS 161.63 38007 02/09/2022 PRINTED 445 MATHISEN OIL CO INC 653.29 38008 02/09/2022 PRINTED 552 MEGA BANK 132,812.76
38009 02/09/2022 PRINTED 273 MOORE PHOTOGRAPHY 29.09
38010 02/09/2022 PRINTED 473 MUNICIPAL MAINTENANCE EQUIPMENT INC 244.23 38011 02/09/2022 PRINTED 117121 NUCKLES OIL COMPANY INC 29,767.30 38012 02/09/2022 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 239.50 38013 02/09/2022 PRINTED 992 PRISTINE UNIFORMS, LLC 267.17 38014 02/09/2022 PRINTED 90591 S & J SUPPLY CO INC 19,538.57 38015 02/09/2022 PRINTED 507 SILVER & WRIGHT LLP 2,365.72 38016 02/09/2022 PRINTED 93401 SOUTHERN CALIFORNIA EDISON 1,764.64 38017 02/09/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 1,144.22 38018 02/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 100.32 38019 02/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 669.00 38020 02/09/2022 PRINTED 62321 U.S. TELEPACIFIC CORP 882.16 38021 02/09/2022 PRINTED 3557 UNDERGROUND SERVICE ALERT 483.66 Prepared By: Erin Myers Page 3 of 7 3/2/2022 10:11 AM
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 38022 02/09/2022 PRINTED 4481 V C A CENTRAL ANIMAL HOSPITAL 341.35 38023 02/09/2022 PRINTED 990 VEOLIA NORTH AMERICA, INC 358.47 38024 02/09/2022 PRINTED 133941 VERIZON 1,447.32
38025 02/09/2022 PRINTED 14735 VERIZON WIRELESS 40.01
38026 02/09/2022 PRINTED 14735 VERIZON WIRELESS 40.01
38027 02/09/2022 PRINTED 14735 VERIZON WIRELESS 81.00
38028 02/09/2022 PRINTED 14735 VERIZON WIRELESS 120.07
38029 02/09/2022 PRINTED 14735 VERIZON WIRELESS 4,475.03 38030 02/09/2022 PRINTED 1352 VILLELLA, AAREN 125.00
38031 02/09/2022 PRINTED 760 WATER FACILITIES AUTHORITY 249,800.07 38032 02/09/2022 PRINTED 104521 WESCO DISTRIBUTION 1,007.25 38033 02/09/2022 PRINTED 134051 WEST COAST LIGHTS AND SIRENS 2,812.54 38034 02/09/2022 PRINTED 5193 ZAILO, ROBERT 333.45
38035 02/09/2022 PRINTED 999999 SANDRA NORLUND 331.00
38036 02/09/2022 PRINTED 999999 ANGELA LADEWIG 312.00
38037 02/09/2022 PRINTED 999999 BRAVEPARK PROPERTY LLC 20,000.00 38038 02/09/2022 PRINTED 999999 BRIXMOR PROPERTY GROUP 9,575.00 38039 02/09/2022 PRINTED 999999 CAROLINA CARLOS 10.00
38040 02/09/2022 PRINTED 999999 KEYSTONE RIDGE DESIGNS 2,148.02 38041 02/09/2022 PRINTED 999999 KIM ROGERS 26.25
38042 02/09/2022 PRINTED 999999 LAURA CASTELLANOS 100.00 38043 02/09/2022 PRINTED 999999 LAW OFFICE BRETOI, LUTZ & STELE 275.00 38044 02/09/2022 PRINTED 999999 LINDA HARPER 50.00
38045 02/09/2022 PRINTED 999999 MICHELLE TOMES 100.00
38046 02/09/2022 PRINTED 999999 RENEWAL BY ANDERSON 100.00 38047 02/09/2022 PRINTED 999999 ROSALIE GODFREY 10.00
38048 02/17/2022 PRINTED 99418 FRANCHISE TAX BOARD 92.66 38049 02/17/2022 PRINTED 295 INLAND EMPIRE UNITED WAY 21.00 38050 02/17/2022 PRINTED 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 406.00 38051 02/16/2022 PRINTED 303 3SI SECURITY SYSTEMS, INC 1,394.94 38052 02/16/2022 PRINTED 207 ADLERHORST INTERNATIONAL LLC 59.26 38053 02/16/2022 PRINTED 291 ADVANCE STORE CO, INC 1,241.54 38054 02/16/2022 PRINTED 964 MARLOW, BRIAN 4,995.00
38055 02/16/2022 PRINTED 3 AIRGAS USA LLC 104.82
38056 02/16/2022 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 7,335.90 38057 02/16/2022 PRINTED 69791 ALLDATA LLC 1,616.25
38058 02/16/2022 PRINTED 1313 UNIVERSAL PROTECTION SERVICE, LP 17,657.35 38059 02/16/2022 PRINTED 1291 AMTECH ELEVATOR SERVICES 595.83 38060 02/16/2022 PRINTED 1769 BIO-TOX LABORATORIES 920.00 38061 02/16/2022 PRINTED 819 BRINKS, INC 764.81
38062 02/16/2022 PRINTED 5944 BURRTEC WASTE INDUSTRIES 810,541.40 38063 02/16/2022 PRINTED 1346 BZ ALCANTARA, INC 912.50
38064 02/16/2022 PRINTED 325 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT 95.00 38065 02/16/2022 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 3,673.28 38066 02/16/2022 PRINTED 83401 CARL WARREN & CO 3,968.00 38067 02/16/2022 PRINTED 82791 CHEM PRO LABORATORY INC 317.00 38068 02/16/2022 PRINTED 1877 FRANCISCO MONRREAL 344.80 38069 02/16/2022 PRINTED 448 CINTAS CORPORATION 1,073.51 38070 02/16/2022 PRINTED 823 COAST RECREATION, INC 1,823.78 38071 02/16/2022 PRINTED 16636 DELL MARKETING LP 3,075.26 38072 02/16/2022 PRINTED 1153 DENCO LIEN SALES, INC 76.00 38073 02/16/2022 PRINTED 82651 ECONOLITE SYSTEMS 36,570.42 38074 02/16/2022 PRINTED 2435 EVERSOFT 915.10
Prepared By: Erin Myers Page 4 of 7 3/2/2022 10:11 AM
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 38075 02/16/2022 PRINTED 10485 EXPERIAN 155.20
38076 02/16/2022 PRINTED 4456 FEDERAL EXPRESS 59.22
38077 02/16/2022 PRINTED 129521 GRAFIX SYSTEMS 541.89
38078 02/16/2022 PRINTED 290 GRAINGER 674.54
38079 02/16/2022 PRINTED 90227 HEARD'S INVESTIGATIONS AND POLYGRAPH, LLC 525.00 38080 02/16/2022 PRINTED 56561 HLP INC 14,481.60
38081 02/16/2022 PRINTED 629 HONEYCOTT, INC 75.00
38082 02/16/2022 PRINTED 16340 INFOSEND INC 8,625.13
38083 02/16/2022 PRINTED 4884 INMARK 49.13
38084 02/16/2022 PRINTED 48371 JEEP CHRYSLER OF ONTARIO 474.63 38085 02/16/2022 PRINTED 53451 KENGRAPHICS PRINTING &91.59 38086 02/16/2022 PRINTED 937 TURNER, KIMBERLY 4,800.00
38087 02/16/2022 PRINTED 3020 LAW ENFORCEMENT MEDICAL SVCS 1,675.00 38088 02/16/2022 PRINTED 91491 LIBRARY SYSTEMS & SERVICES LLC 8,788.28 38089 02/16/2022 PRINTED 16385 MAIN STREET SIGNS 1,185.25 38090 02/16/2022 PRINTED 21341 MATT CHLOR INC 4,720.59
38091 02/16/2022 PRINTED 116241 MC CULLOUGH, ANDREW 640.54 38092 02/16/2022 PRINTED 7816 MR T'S TOWING INC 2,250.00 38093 02/16/2022 PRINTED 109391 MYERS TIRE SUPPLY 29.99 38094 02/16/2022 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 190.50 38095 02/16/2022 PRINTED 64331 PACIFIC TELEMANAGEMENT SERVICE 63.00 38096 02/16/2022 PRINTED 119191 PEELMAN, NICHOLAS 169.10 38097 02/16/2022 PRINTED 992 PRISTINE UNIFORMS, LLC 325.36 38098 02/16/2022 PRINTED 349 RAIN MASTER IRRIGATION SYSTEMS 245.85 38099 02/16/2022 PRINTED 10638 RICHARDS, WATSON & GERSHON 1,900.56 38100 02/16/2022 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 2,166.50 38101 02/16/2022 PRINTED 67381 ROUTE 66 CAR WASH INC 850.00 38102 02/16/2022 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 300.00 38103 02/16/2022 PRINTED 1294 SAFETY CENTER INCORPORATED 3,600.00 38104 02/16/2022 PRINTED 601 SAN ANTONIO WATER CO 224,932.97 38105 02/16/2022 PRINTED 606 SAN BERNARDINO COUNTY SHERIFF'S 2,204.83 38106 02/16/2022 PRINTED 11671 SAN BERNARDINO COUNTY 13,204.81 38107 02/16/2022 PRINTED 20171 SAN BERNARDINO COUNTY SHERIFF 1,800.00 38108 02/16/2022 PRINTED 131121 SHRED-IT USA JV LLC 75.70 38109 02/16/2022 PRINTED 507 SILVER & WRIGHT LLP 13,690.43 38110 02/16/2022 PRINTED 753 SO CAL INTERGOVERNMENTAL TRAINING & DEV CNTR 517.00 38111 02/16/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 201.88 38112 02/16/2022 PRINTED 10218 STATE OF CALIFORNIA DMV 2,016.00 38113 02/16/2022 PRINTED 952 T TACTICAL SOLUTIONS, INC 5,818.50 38114 02/16/2022 PRINTED 1154 T-MOBILE USA 90.00
38115 02/16/2022 PRINTED 4463 THE COUNSELING TEAM 300.00 38116 02/16/2022 PRINTED 972 THE LEW EDWARDS GROUP 6,000.00 38117 02/16/2022 PRINTED 45851 THE PRINTERS 127.15
38118 02/16/2022 PRINTED 11583 THOMPSON PLUMBING SUPPLY 144.50 38119 02/16/2022 PRINTED 99981 THOMSON REUTERS - WEST PAYMENT CENTER 1,296.01 38120 02/16/2022 PRINTED 311 U S ARMOR CORPORATION 8,583.81 38121 02/16/2022 PRINTED 11484 U S BANK 3,392.00
38122 02/16/2022 PRINTED 148 UPLAND CHAMBER OF COMMERCE 600.00 38123 02/16/2022 PRINTED 14735 VERIZON WIRELESS 4,483.86 38124 02/16/2022 PRINTED 857 WATERLINE TECHNOLOGIES, INC 958.98 38125 02/16/2022 PRINTED 392 WAXIE SANITARY SUPPLY 1,208.15 38126 02/16/2022 PRINTED 1725 WEST COAST ARBORISTS INC 13,552.80 38127 02/16/2022 PRINTED 97071 WEST VALLEY MRF 4,200.72 Prepared By: Erin Myers Page 5 of 7 3/2/2022 10:11 AM
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 38128 02/16/2022 PRINTED 635 ISOTECH PEST MANAGEMENT INC 1,316.05 38129 02/16/2022 PRINTED 1261 WEX HEALTH 326.70
38130 02/16/2022 PRINTED 999999 UPLAND HIGH SCHOOL ASB 4,000.00 38131 02/23/2022 PRINTED 36721 ALHAMBRA REPROGRAPHICS INC 65.07 38132 02/23/2022 PRINTED 291 ADVANCE STORE CO, INC 35.56 38133 02/23/2022 PRINTED 3 AIRGAS USA LLC 2,226.05
38134 02/23/2022 PRINTED 5906 ANHAEUSER ELECTRIC 3,900.00 38135 02/23/2022 PRINTED 1193 BRIDGEPAY NETWORK SOLUTIONS 26.50 38136 02/23/2022 PRINTED 325 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT 19.00 38137 02/23/2022 PRINTED 448 CINTAS CORPORATION 1,322.08 38138 02/23/2022 PRINTED 45421 COSTAR REALTY INFORMATION GROUP INC 504.36 38139 02/23/2022 PRINTED 4402 VARGAS, LUPE B 420.00
38140 02/23/2022 PRINTED 96251 FORD OF UPLAND 98.00
38141 02/23/2022 PRINTED 1192 GATEWAY PACIFIC CONTRACTORS, INC 469,841.50 38142 02/23/2022 PRINTED 1171 CLEMENT, RICHARD N 5,200.00 38143 02/23/2022 PRINTED 1212 HARDY & HARPER, INC 26,301.00 38144 02/23/2022 PRINTED 147 HERC RENTALS INC 5,596.28
38145 02/23/2022 PRINTED 329 HOLLIDAY ROCK CO INC 5,466.42 38146 02/23/2022 PRINTED 4495 HOSE-MAN INC 87.34
38147 02/23/2022 PRINTED 1333 HR GREEN PACIFIC 14,170.25 38148 02/23/2022 PRINTED 36271 INLAND EMPIRE PRINTING 915.26 38149 02/23/2022 PRINTED 15595 L D M ASSOCIATES INC 25,202.50 38150 02/23/2022 PRINTED 197 LOS ANGELES FREIGHTLINER 875.46 38151 02/23/2022 PRINTED 679 MCCANN, NICHOLAS 1,723.99
38152 02/23/2022 PRINTED 10638 RICHARDS, WATSON & GERSHON 7,679.70 38153 02/23/2022 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 2,805.25 38154 02/23/2022 PRINTED 112061 ROOMS N COVERS 4,700.00 38155 02/23/2022 PRINTED 90591 S & J SUPPLY CO INC 7,456.30 38156 02/23/2022 PRINTED 3662 SAFETY-KLEEN SYSTEMS, INC 1,621.13 38157 02/23/2022 PRINTED 4974 SAN BERNARDINO ASSOCIATED GOVT 12,979.09 38158 02/23/2022 PRINTED 18062 SOFFA ELECTRIC INC 1,650.00 38159 02/23/2022 PRINTED 99141 SONSRAY MACHINERY LLC 628.05 38160 02/23/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 321.35 38161 02/23/2022 PRINTED 11000 TEAGUE, LON 504.33
38162 02/23/2022 PRINTED 18181 TIERRA WEST ADVISORS LLC 1,665.00 38163 02/23/2022 PRINTED 1296 TRANSTECH 13,200.00
38164 02/23/2022 PRINTED 311 U S ARMOR CORPORATION 909.15 38165 02/23/2022 PRINTED 760 WATER FACILITIES AUTHORITY 1,005.11 38166 02/23/2022 PRINTED 766 WEST END CONSOLIDATED WATER CO 12,221.47 38167 02/23/2022 PRINTED 1282 WESTERN ALLIANCE BUSINESS TRUST 85,671.37 PRINTED CHECKS (300 COUNT)5,342,639.48$
20222001 02/02/2022 MANUAL 32091 SOUTHERN CALIF EDISON CO 145,875.63 20222002 02/02/2022 MANUAL 543 SOUTHERN CALIF GAS COMPANY 11,588.54 20222003 02/02/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 3,620.32 20222004 02/02/2022 MANUAL 733 MASSACHUSETTS MUTUAL LIFE INSURANCE CO.193.41 20322001 02/03/2022 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 561,835.19 20322002 02/03/2022 MANUAL 91491 LIBRARY SYSTEMS & SERVICES LLC 112,392.00 20422001 02/04/2022 MANUAL 43651 U S BANK NATIONAL ASSN 16,171.09 20422002 02/04/2022 MANUAL 65181 CALPERS 155,131.74
21022001 02/10/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 4,322.99 21022002 02/10/2022 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 310.50 21022003 02/10/2022 MANUAL 624 DEPT OF THE TREASURY 350.00 Prepared By: Erin Myers Page 6 of 7 3/2/2022 10:11 AM
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 21022004 02/10/2022 MANUAL 618 ICMA-RC 1,787.50
21022005 02/10/2022 MANUAL 621 KAREN LONG 187.50
21022006 02/10/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,086.93 21022007 02/10/2022 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 780.00 21022008 02/10/2022 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 928.50 21022009 02/10/2022 MANUAL 737 UPLAND POLICE OFFICERS ASSN 4,752.50 21122001 02/11/2022 MANUAL 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 2,542.00 21422001 02/14/2022 MANUAL 733 MASSACHUSETTS MUTUAL LIFE INSURANCE CO.46,908.22 21622001 02/16/2022 MANUAL 83401 CARL WARREN & CO 48,664.78 21622002 02/16/2022 MANUAL 83401 CARL WARREN & CO 1,208.84 21622003 02/16/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 28,063.20 21822001 02/18/2022 MANUAL 65181 CALPERS 152,734.15
22322001 02/23/2022 MANUAL 11484 U S BANK 117,248.54
22322002 02/23/2022 MANUAL 11484 U S BANK 231,243.75
22422001 02/24/2022 MANUAL 32091 SOUTHERN CALIF EDISON CO 79,525.39 22422002 02/24/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 4,322.99 22422003 02/24/2022 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 310.50 22422004 02/24/2022 MANUAL 618 ICMA-RC 1,787.50
22422005 02/24/2022 MANUAL 621 KAREN LONG 187.50
22422006 02/24/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,112.18 22422007 02/24/2022 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 860.00 22422008 02/24/2022 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 928.50 22422009 02/24/2022 MANUAL 737 UPLAND POLICE OFFICERS ASSN 4,665.00 22422010 02/24/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 3,587.88 22422011 02/24/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 2,092.97 22422012 02/24/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 830.40 22422013 02/24/2022 MANUAL 960 MUNICIPAL DENTAL POOL 25,804.79 22422014 02/24/2022 MANUAL 754 PUBLIC AGENCY COALITION ENTERPRISE 92,967.01 22522001 02/25/2022 MANUAL 624 DEPT OF THE TREASURY 350.00 22522002 02/25/2022 MANUAL 11484 U S BANK 845,000.00
22522003 02/25/2022 MANUAL 11484 U S BANK 675,000.00
22522004 02/25/2022 MANUAL 11484 U S BANK 65,000.00
22522005 02/25/2022 MANUAL 11484 U S BANK 250,000.00
22522006 02/25/2022 MANUAL 11484 U S BANK 420,000.00
22822001 02/28/2022 MANUAL 733 MASSACHUSETTS MUTUAL LIFE INSURANCE CO.45,979.67 MANUAL CHECKS (46 COUNT)4,170,240.10$
PRINTED CHECKS (300 COUNT)5,342,639.48$
MANUAL CHECKS (46 COUNT)4,170,240.10$
PRINTED & MANUAL CHECK TOTALS 9,512,879.58$
Prepared By: Erin Myers Page 7 of 7 3/2/2022 10:11 AM
S T A F F R E P O R T
I T E M N O . 10.C .
D A T E :M arch 14 , 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 A L O F S I D E L E TT E R B E T W E E N C I T Y O F U P L A N D A N D
U P L A N D C I T Y E M P LOY E E S A S S O C I A T I O N F O R A O N E -T I M E
A D D I T I O N A L V A C A T I O N , H O L I D A Y, O R C O M P T I M E C A S H -O U T
F O R P O L I C E D I S PA TC H E R S
R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at th e C i ty C oun cil ad op t t h e sid e letter ag reem en t w it h U p land C ity E m p loyees A ss oci ati on (U C E A ) t o allow a on e-tim e ad d it ion al cash -out of vacation, hol id ay, or com p tim e for Police D isp atch ers.
G O A L S T A T E M E N T
Th e p rop osed action s up p orts th e C it y's g oal of p rovid ing em p l oyees with t he secu rity of lab or ag reem en ts, w hile ad d ressin g fair an d eq uitab le p ay for services p rovid ed to th e C ity.
B A C K G R O U N D
Th e C alifornia P u b l ic E m p loyee's Pension Reform A ct (P E P R A ), w h i ch took effect in J anu ary 20 13 , c h an g es th e w ay C al P E R S ret irem en t an d h ealt h b enefits are ap p li ed , an d p laces com p en sation lim its on m em b ers. U nd er C al P E R S, there are tw o typ es of m em b ers - C lassic and P E P R A . U n d er G overn m en t C od e S ection 75 22 .04 (f ) an d C al P E R S m em b ership req uirem ents, a C lassic M em b er i s d efin ed as an y m em b er w h o en t ered in to m em b ers h i p w ith a q u alifyin g p ub lic retirem ent system on or b efore D ecem b er 31 , 20 12
I n J ul y 2 01 6, t he C i ty institu ted a n ew work s ch ed u le for Pol ic e D isp at ch ers. Th e Police D isp atch ers w ent from a 4/1 0 sch ed u le to a 3/1 2 sch ed u le. T he n ew sched ule w as m eant to b e t em p orary, b ut w as foun d to b e m ore effective an d efficien t i n how th e C i ty d id b u siness and i s s ti ll b ei n g us ed curren tly. Th is c h an g e t o a 3/1 2 sch ed u le inad vert ent ly created fou r (4) h ours of m and atory overtim e for all em p loyees in the p osition of Police D isp atch er. U nd er
th e C al P E R S ret irem en t syst em , reg u lar overtim e i s n ot consid ered p en sionab le com p en sation , however, m an d atory overtim e for em p loyees d esig nated as classic m em b ers is p en sionab le com p ensation an d is sub ject to P E R S w ithh old in g an d /or con trib ution s.
Th e C ity wan ts to ens ure th at em p loyees are p aid accu rat ely an d t im ely for t he s ervi ces they p rovid e t o th e C i ty an d t h at th eir p en si onab le com p ensati on is correct ly reflected w ith C al P E R S.
I S S U E S /A N A L Y S I S
Th e situ ation of the m and atory overtim e for classic m em b ers w as b rou g h t forw ard b y a curren t em p loyee wh o w as i n th e p rocess of reti ri n g an d wan ted to en su re t h ei r p en sionab le com p en sation w as accu rate.
Th e C ity reviewed th e tim esheets for all em p loyees in th e p osition of Police D isp atcher, w ho are d esig nat ed as classic m em b ers u n d er C al P E R S , an d fou nd t here w ere an ad d it ion al seven (7) em p loyees w h os e p en si on ab le c om p en s ati on d id n ot in cl ud e th e m an d at ory overtim e they had b een receiving since J u ly 2 01 6.
Th e C ity m et an d conferred w ith U C E A on the contrib u tion am oun ts ow ed b y th e em p loyees to C al P E R S an d th e am ou nt th e C it y ow ed for em p loyer con trib ution s. Th e p arties d iscu ssed m u ltip le op tion s to all ow em p l oyees th e ab ility to p ay th e c on t ri b u ti on s ow ed t o C al P E R S w ithou t creating a finan cial hard s hi p on t he em p loyee. Th e op ti ons offered were: on e (1 ) tim e p aym ent for th e full am oun t; p ay t he total am ou n t over a t w o (2) year p eri od ; an d /or allow for an ad d itional one tim e cash-ou t of vacation, h olid ay, or com p tim e.
Th e S id e Let ter w as rat ifi ed b y the m em b ersh ip of U C E A an d is attach ed for C i ty C oun cil ap p roval.
F I S C A L I M P A C T S
Th e fis cal im p act for th e em p loyer cont rib u tions for th e seven (7 ) classic m em b ers is $1 6,7 90 .74 . N o ad d it ion al ap p rop riation i s n ec ess ary at th is tim e as th e d ep artm ent h as salary savin g s from vacan cies to cover th is ad d ition al exp ense.
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
Side Letter UC E A Dispatchers
S T A F F R E P O R T
I T E M N O . 10.D .
D A T E :M arch 14 , 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 S U B J E C T :A P P R O V A L O F A N A M E N D M E N T TO P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H M V C H E N G & A S S O C I A T E S, I N C .
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 A m end m en t N o. 3 to the p rofession al services ag reem en t w it h M V C h en g & A ss oci ates I n c. for st aff aug m en tat ion s ervi ces utilizin g A m erican Rescue P lan A ct fu nd s; an d au th orize the C ity M an ag er to execute th e am en d m ent.
G O A L S T A T E M E N T
Th e p rop os ed action su p p ort s th e C i ty's g oal to p rovid e sou nd fiscal s teward s hi p for t he C ity of Up lan d .
B A C K G R O U N D
Up lan d -b ased M V C h en g & A ssociates I n c. (M V C ) h as b een p rovi d i ng fin an c e staff aug m en tation s ervi ces to th e C ity si n c e 20 16 . T h e m ost recen t ag reem ent b etw een th e C ity and M V C w as en t ered i n t o on J u l y 1 , 2 01 9, su b seq u ent ly am en d ed in J u ne of 2 02 0 w ith an am ou nt not to exceed $4 7,0 00 . T he ag reem ent w as am en d ed ag ain i n M ay of 2 02 1 to in crease t h e con tract am oun t b y $20 0,0 00 an d ext en d t he exp irati on d at e to J u n e 30 , 2 02 2.
S ince 20 16 , t em p orary staffing p rovid ed b y M V C h as in cl ud ed p osition s s u c h as F inan ce M an ag er, Payroll A nalyst, H um an Resources A n alyst, an d S enior A ccoun tan t.
I S S U E S /A N A L Y S I S
O n O ctob er 2 5th, 20 21 , C ity C oun cil ap p roved the m aster p lan (referred to as I n vestm en t P lan) for d isb ursem ent of th e A m eri can Resc ue P lan A c t (A R PA ) g ran t acc ep t ed i n J u n e of 20 21 . T h at I n ves tm en t P lan i n c lu d ed an al lowan ce of $48 0,0 00 for m anag in g th e A R PA g ran t for its entire 3 year term .
Th e th ird am en d m ent t o the M V C h eng an d A ssociates ag reem en t i nc reas es th e contract am ou nt b y an oth er $20 0,0 00 an d exten d s th e ag reem ent t o J u ne 30 , 2 02 5. Th e i n c reas e to th e ag reem en t i s m ostly g oi ng to b e u sed cover t he c ost of s taffi ng a p rofessional to m an ag e th e A R PA g ran t.
F I S C A L I M P A C T S
For F iscal Year 20 21 -22 , sufficient b ud g et exists in accou nt 1 01 -12 01 -52 53 (C ontract S ervices) to accom m od ate th e cu rrent c on t rac t. T his am en d m ent in creases t he curren t ag reem en t b y $20 0,0 00 an d ext end s t h e ag reem en t exp irati on to J u ne 3 0, 20 25 . For F iscal Year 2 02 2-2 3, b u d g et n eces sary for A R PA g ran t m an ag em ent w il l b e i n c lu d ed in t he p rop osed op erating b u d g et.
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
Upland - M V Cheng - Amendment No. 3
Upland - M V Cheng - Amendment No. 2
Exhibit B - Amendment No. 1 to M aster Agreement
Exhibit A - M aster Agreement
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THIRD AMENDMENT TO THE AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES
This Third Amendment to the Professional Consultant Services Agreement ("Amendment") is entered into as of March 14, 2022 ("Effective Date"), by and among CITY OF UPLAND, a California municipal corporation ("City"), and MV CHENG & ASSOCIATES, INC. ("Consultant"). Consultant and City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Consultant and City executed that certain Professional Consultant Services Agreement with an effective date of July 1, 2019 (“Master Agreement”), to provide staff augmentation services for the City, which is attached hereto as Exhibit “A” and incorporated herein by reference; and
WHEREAS, Consultant and City executed an amendment to the Master Agreement, dated June 16, 2020 (“Amendment No. 1”), extending the term of the Agreement through June 30, 2021 and increasing the not-to-exceed amount to $47,000, which is attached hereto as Exhibit “B” and incorporated herein by reference; and
WHEREAS, Consultant and City executed an amendment to the Master Agreement, dated May 10, 2021 (“Amendment No. 2”), extending the term of the Agreement through June 30, 2022 and increasing the not-to-exceed amount to $247,000, which is attached hereto as Exhibit “C” and incorporated herein by reference; and
WHEREAS, City is in need of additional staff augmentation services through June 30, 2025 due to reporting requirements for investments the City elects to make utilizing American Rescue Plan Act (“ARPA”) funds; and
WHEREAS, on October 11, 2021, City Council approved an ARPA Investment Plan that set aside $480,000 for a Program Administration/Finance Consultant, and WHEREAS, Consultant and City now desire to amend the Master Agreement as hereinafter provided. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Master Agreement.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing Recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and City hereby agree as follows:
1. The Term of the Master Agreement shall be extended for an additional three years, expiring on June 30, 2025.
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2. The Services rendered under this Agreement will be charged in accordance with Exhibit “A” of the Master Agreement, as previously amended, with an amount not to exceed $727,000.
3. Miscellaneous.
(a) Effect of Amendment. The term "Agreement" when used in this Amendment or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this Amendment unless the context would require otherwise. Except to the extent the Master Agreement is modified by this Amendment, the remaining terms and conditions of the Master Agreement shall remain unmodified and in full force and effect. In the event of conflict between the terms and conditions of the Master Agreement and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control. (b) Entire Agreement. The Master Agreement, together with this Amendment, embodies the entire understanding between Consultant and City with respect to its subject matter and can be changed only by an instrument in writing signed by Consultant and City. (c) Counterparts. This Amendment may be executed in one or more counterparts, including facsimile counterparts or electronic-mail counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Amendment.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, this Amendment has been executed as of the day and year first set forth above.
CITY
CITY OF UPLAND,
a California municipal corporation
By:
Name:
Title:
Date: __________________
ATTEST:
________________________________________
City Clerk for City of Upland
APPROVED AS TO LEGAL FORM:
Stephen Deitsch, City Attorney
By:
Name:
Title:
CONSULTANT
MV CHENG & ASSOCIATES INC.
By:
Name:
Title:
Date: _____________________
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EXHIBIT “A”
(Master Agreement)
[attached]
-5-
EXHIBIT “B”
(Amendment No. 1 to Master Agreement)
[attached]
-6-
EXHIBIT “C”
(Amendment No. 2 to Master Agreement)
[attached]
S T A F F R E P O R T
I T E M N O . 10.E .
D A T E :M arch 14 , 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 A L O F E X T E N S I O N TO T H E A G R E E M E N T W I T H C A R L
W A R R E N A N D C O M PA N Y F O R C L A I M S A D M I N I S T R A TO R F O R T H E
C I T Y 'S S E L F I N S U R A N C E P R O G R A M
R E C O M M E N D E D A C T I O N
I t is recom m end ed t hat th e C i ty C ou ncil ap p rove exercising th e op t ion to ext en d the ag reem en t for on e (1) ad d it ion al year for p rofessional servic es of C arl Warren an d C om p any to p rovid e C l aim s A d m in is trati on for t h e C ity's S elf I n su ran ce P rog ram ; an d au th orize t h e C ity M an ag er to execute th e ag reem en t.
G O A L S T A T E M E N T
Th e p rop osed ac ti on s u p p orts th e C ity's g oals of red u ci n g ri sk exp osures, leg al fees, an d oth er costs associated w ith G en eral L iab ility, P rop erty D am ag e, an d E m p loym en t claim s.
B A C K G R O U N D
Th e C i ty m ai n t ain s an ag reem en t w it h a T hird -Party A d m i n i st rat or (T PA ) t o m anag e g eneral liab ility, p rop ert y d am ag e, and em p loym en t c lai m s , as w ell as su b rog at ion services on b eh alf of th e C ity.
C arl W arren an d C om p an y has over 45 years of exp erien ce p rovid in g clai m s an d litig ation m an ag em ent servi ces for th e p u b li c sect or an d has p rovi d ed t h es e services to the C i ty sin ce J u ly 2 00 4. Th ey w ork as an exten si on of th e C i ty to as si st w it h claim s resol u t ion an d su b rog ation recovery, wh il e b rin g i n g consisten cy an d s tab il it y to th e C i ty's R is k M anag em en t p rog ram .
I S S U E S /A N A L Y S I S
O n M ay 1 4, 20 21 , C ity C ou nc il ap p roved an ag reem en t b et w een C arl W arren an d C om p an y to p rovid e C laim s M anag em en t S ervi ces for t h e C ity's self insurance p rog ram . T h e t erm of the ag reem en t was for J uly 1, 2 02 1 t hroug h J u n e 30 , 20 22 an d u p on m u t u al ag reem en t b etw een th e C ity an d C arl Warren cou ld b e extend ed for an ad d itional th ree (3 ), one (1 ) year term s.
Th is ext ension wou ld b e t h e first, one (1) year term an d w oul d exp i re on J un e 3 0, 20 23 . C arl Warren has ag reed to keep the rates un ch ang ed for th e 20 22 -20 23 exten sion.
F I S C A L I M P A C T S
N o ad d ition al ap p rop riation s are need ed as th is is a reg ularly b u d g ed service.
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
Agreement E xtension
Original Agreement Carl Warren
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL CLAIMS
ADMINISTRATION SERVICES FOR SELF INSURANCE PROGRAM
WITH CARL WARREN & COMPANY, LLC
This Amendment No. 1 to the Professional Services Agreement for Claims Administration Services is made and entered into as of July 1, 2022 by and between the City of Upland, a municipal corporation (“City”) and Carl Warren & Company, LLC, a limited liability company (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
WHEREAS, the City and Consultant have entered into an agreement, dated July 1, 2021 for the purpose of providing claims administration services for the City’s self-insurance program (the “Original Agreement”).
WHEREAS, the current term of the Original Agreement shall expire on June 30, 2022.
WHEREAS, pursuant to Section 5 of the Original Agreement, the Parties may be mutual, written consent, extend the term of the Original Agreement for three (3), one (1) year additional terms.
WHEREAS, the Parties desire to extend the Original Agreement for the first one year extension and outline payment provisions for the continued performance of services.
NOW, THEREFORE, the Parties agree:
1. The Original Agreement is hereby extended for an additional one (1) year term beginning on July 1, 2022 and ending on June 30, 2023 (“Renewal Term”).
a. City agrees to pay Consultant twelve monthly installments of three thousand, nine hundred, sixty-eight dollars ($3,968.00) commencing July 1, 2022, for services rendered under the Original Agreement with a not to exceed amount of forty-seven thousand, six hundred and sixteen dollars ($47,616).
b. If City chooses to elect the second one (1) year extension, the not to exceed amount will be increased to forty-eight thousand, eight hundred and ten dollars ($48,810) that will be paid out to Consultant in twelve monthly installments of four thousand sixty-seven dollars and fifty cents ($4,067.50).
2. All the remaining terms and conditions of the Original Agreement shall remain unchanged and in full force and effect and shall govern the conduct of the Parties during the Renewal Term.
3. Each person signing this Amendment No. 1 to the Original Agreement on behalf of a Party represents and warrants that he or she has the necessary authority to bind such Party and that this Amendment No. 1 is binding on and enforceable against such Party.
4. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the City and Consultant have approved this Amendment No. 1 effective on the day and year first above written.
CITY: CONSULTANT:
City of Upland Carl Warren & Company, LLC
460 N. Euclid Ave. 11209 N. Tatum Blvd, Suite 130
Upland CA 91785 Phoenix, AZ 85028
By: By:
Michael Blay Richard McAbee
City Manager Chief Marketing Officer
ATTEST:
By:
Keri Johnson
City Clerk
APPROVED AS TO FORM:
By:
Stephen Deitsch
City Attorney
S T A F F R E P O R T
I T E M N O . 10.F .
D A T E :M arch 14 , 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 : D A R R E N G O O D M A N , P O L I C E C H I E F
A N T H O N Y K A B A YA N , P O L I C E L I E U T E N A N T S U B J E C T :A P P R O V A L O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T F O R
T R A I N I N G I N TA R G E T E D V I O L E N C E A N D T E R R O R I S M
P R E V E N T I O N
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 th at th e C ity C ou n c il ap p rove a p rofes si onal services ag reem en t w it h K im Tu rn er, L LC for th e d evelop m en t, i m p lem ent ati on, an d p res en t ati on of th e U p lan d Police D ep artm ent training for Targ eted V iol enc e an d Terroris m P reven t ion as d efin ed w it h i n the con tract; and authorize th e C ity M anag er to execu te the ag reem ent.
G O A L S T A T E M E N T
Th e p rop os ed act ion s u p p orts t he C ity' g oal of p rovid in g safe and effective law en forcem en t services for th e resid ents of U p land .
B A C K G R O U N D
O n J an u ary 10 , 20 22 th e C it y C ou n c il accep t ed t he D ep artm en t of H om el and S ecurit y (D H S ) F Y 21 Targ eted V i olen ce an d Terrori sm P revent ion (T V T P ) G ran t in th e am ou nt of $1 60 ,00 0 and au t h oriz ed th e ap p rop riat ion of $1 60 ,00 0 for ed u cat ion al train in g to enh ance the cap ab ilities of ou r com m un ity to p reven t targ eted violence and terrorism .
I S S U E S /A N A L Y S I S
Th e Up lan d Police D ep artm ent, in p artn ership with K im Turner L LC , w ill d evelop , im p lem en t and p resen t a P O S T c ert ifi ed 8-h our cou rs e on th e su b jec t of Targ et ed V iolen ce an d Terrorism P revention . T he cou rs e wi ll b e certified i n a variab le form at i nc lu d i ng D i st an c e (virtu al) L earn in g . T he d elivery u tilizes su b ject-m atter-exp erts from law enforcem ent and d isp atch an d
w ill b e taug ht i n an on li n e d ig it al form at. Targ et au d ience i s d isp at ch ers, p oli ce offi cers, n on- sworn ag ency p erson nel and ag en cy sup ervisors.
Th e p rop osed b ud g et for t he d evelop m en t, i m p lem en t ati on an d p res en t ati on of t h e Up lan d Police D ep art m en t's Targ eted V iol en c e an d Terrori sm P reven tion i s extrem ely cos t efficien t w hile at th e sam e tim e su p p orts th e ob jectives an d activities req uired for this top ic area. T he ab ility to con tract w it h a w ell-estab lished t raining an d curricu lu m d evelop m ent p rovi d er w ith un iq ue exp erience in d eliverin g training in a d istance learning p latform , coup led w ith this con tractor's ab il it y t o att rac t su b jec t m atter exp erts an d p rac ti ti on ers in the fi eld of law enforcem ent an d d isp at ch w ill all ow th e Up lan d Poli ce D ep art m en t to offer th is train in g effectively and efficien tly across th e S tate of C aliforn ia.
D ue to the sh ort ened g rant p eri od , it is anticip ated t hat th e s ervi ces w ill b e p rocured via a non -com p etitive/sole sou rc e con tract . T h e D ep artm en t w ou l d b e un ab l e to m eet the ob jective of t he p rop os ed train in g an d reach th e g oal of train in g st aff i f a form al R F P was con d u cted .
K im Tu rn er, L LC p oss ess es th e su b ject m at ter exp ert ise, p rac ti ti on er exp eri en c e an d d istan ce learning form at b est suited t o m eet th e D ep art m en t g oal s in t h e m os t effic ien t an d cost- effective m ann er.
F I S C A L I M P A C T S
At t he t im e th e g ran t was accep t ed i n J an u ary 2 0 2 2 , th e C ity C oun ci l au th ori zed the ap p rop riation of $16 0,0 00 in th e H om eland S ecu ri ty G ran t P rog ram F un d for th is ed u cation al train in g . Th ere w ill b e no im p act to th e G en eral F un d and n o ad d itional ap p rop riation s are necessary.
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
Kim Turner L L C Contract
2 CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 14, 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 Kim Turner, LLC, a SOLE PROPRIETORSHIP with its principal place of business at 7062 Tennessee River Court, Eastvale, CA 91752 (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:
Raising Society Awareness: Domestic Extremism and Terrorism Awareness for Public Safety (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 one hundred sixty thousand dollars ($160,000). 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.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.
3.Additional Work.
3 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 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. Term.
The term of this Agreement shall be from March 14, 2022 to September 30, 2023, 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
4 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.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
5 (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
6 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
7 Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein.
Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
8 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
9 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its 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 the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
10 By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Kim Turner as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
11 Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
DISTRICT:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
CONSULTANT:
Kim Turner, LLC
7062 Tennessee River Court
Eastvale, CA 91752
Kim Turner
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
12 None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND KIM TURNER, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND KIM TURNER, LLC
By: By:
MICHAEL BLAY Its:
CITY MANAGER
Printed Name: Kimberly Turner
ATTEST:
By:
KERI JOHNSON
CITY CLERK
President
Kim Turner, LLC ©
2021
EXHIBIT A
Scope of Services and Schedule of Charges
Kim Turner
3200 E. Guasti Road, Suite 100
Ontario, CA 91761
(951) 203-6472
[email protected]
February 22, 2022
Upland Police Department
Darren Goodman
Chief of Police
1499 W. 13th Street
Upland, CA 91786
Dear Chief Goodman,
Thank you for the opportunity to respond to your request for training services. Please, review the scope of work for your consideration.
Respectfully,
Kim Turner, President
Kim Turner, LLC
Purpose Statement:
The Upland Police Department operates a designated primary public safety answering point for 24/7 public safety emergency response and has contracted Kim Turner, LLC to create and deliver training curriculum specific to Raising Society Awareness of Domestic Extremism and Terrorism Awareness for Public Safety.
Scope of Work:
Curriculum Development
Kim Turner, LLC will, create content related to Raising Society Awareness of Domestic Extremism and Terrorism Awareness for Public Safety.
Schedule Overview
Kim Turner, LLC will deliver the content online or via traditional classroom methods at a rate of 2 courses per month or 4-8 per quarter.
Training
Kim Turner, LLC will provide all training materials, provide online access, and have subject-matter- experts conduct all training and course delivery.
Quote for Services
Contractual
Personnel Rate 8-hour class + 1-hour lunch (2 instructors + moderator per presentation
Instructor $125.00 per hour $1125 per class
Instructor $125.00 per hour $1125 per class
Moderator $50.00 per hour $450 per class
Personnel cost per presentation $2700.00 $2700.00
Presentations over 18-months 33
Cost over performance period $89,1200 $89,100
Administration
Course Administration $50.00 per hour/16-hours per class $26,400 Course Coordinator $25.00 per hour/8-hours per class/$200 per class
$6,600
Presentations over 18-months 33
Cost over performance period $33,000 $122,100
Equipment
Dropbox 3 at $25 per month $1800.00
Zoom 3 at $20 per month $1440.00
Hi-speed internet 3 at $40 per month $2,880.00
Advertising $50 per class $1,500.00
Cost per presentation $254 $254
Presentations over 18-months 33
Cost over performance period $8,382 $130,482
18-month performance period
online training
Course Development $23,658.60 $154,140.60
Total Contractual Costs $154,140.60
Cost per student @ 33
presentations with 1320
$116.77
Total Direct Costs (Contractual
& Personnel)
$154,140.60
The billing cycle will follow a bi-weekly (once every two week) schedule.
Key Assumptions
1. Payable NET-30.
2. Work requested outside the scope of work will be separately negotiated.
3. All travel and lodging for Kim Turner, LLC instructors related to this project is inclusive of the quote for services will be the sole responsibility of Kim Turner, LLC.
S T A F F R E P O R T
I T E M N O . 10.G .
D A T E :M arch 14 , 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 : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R
N I C O L E D E M O E T, E N V I R O N M E N TA L Q U A L I T Y A D M I N I S T R A TO R S U B J E C T :A P P R O V A L O F T H E S A N B E R N A R D I N O C O U N T Y M U N I C I PA L
S E PA R A T E S TO R M S E W E R S Y S T E M C O M M O N I N T E R E S T, J O I N T
D E F E N S E , A N D C O N F I D E N T I A L I T Y A G R E E M E N T A M O N G
P E R M I TT E E 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 th at th e C i ty C ou ncil ap p rove th e S an B ern ard in o C ou nt y M un icip al S ep arate S t orm S ew er Sys tem -N at ion al Pol lu ti on D isch arg e E li m i n at ion System (N P D E S ) C om m on I n terest, J oint D efense, and C on fid entiality A g reem ent am on g Perm ittees on b eh alf of th e C ity of U p land ; and authorize th e C ity M anag er to execu te the ag reem ent.
G O A L S T A T E M E N T
Th e p rop osed action sup p orts th e C ity's g oal of m anag in g its resources in a fiscally resp onsib le m an ner.
B A C K G R O U N D
Th e M u n ic ip al S ep arate S torm S ew er Sys tem (M S 4) Perm i t i s i ssued join tly to the C oun ty of S an B ern ard in o, th e S an B ern ard in o C ou nt y F lood C on trol D ist rict , an d t he sixteen in corp orated cities i n th e S an ta A n a R iver W atersh ed p ort ion of t he S an B ern ard in o C oun ty.
Th e S an B ernard ino C oun ty F lood C on trol D istrict is th e P rin cip al Perm ittee. I ts p rim ary resp on sib ilities are to ad m in ister the overall storm w ater p rog ram in con jun ction with the cities, lead i n the d evel op m ent of p rog ram s, an d act as a liaison wi th w at er b oard s taff an d p rep are th e con solid ated req uired rep orts.
S an B ernard ino C oun ty an d the sixteen incorp orated cities are "C o-Perm ittees" and are resp on sib le t o i m p lem en t i n d ivi d u al p rog ram el em en ts i n th eir in d ivid ual ju ri sd icti on an d to
fiscally su p p ort the cou nty-w id e p rog ram . Th e M S 4 p erm it is reg ulated u nd er th e S anta A na Reg ional Water Q u ality C on trol B oard D istrict 8 (R W Q C B ). T he cu rrent S an B ernard ino C ou nty M S 4 p erm it O rd er N o. R 8-2 01 0-0 03 6, N P D E S Perm i t N O. C A S 61 80 36 (Perm i t) wh ich exp ired on J an uary 29 , 2 0 1 5 , was ad m in istrati vely extend ed b y t he R W Q C B u n t il a new p erm it i s is su ed . A p ub lic d raft of th e n ew p erm it was rel eased b y t he R W Q C B in J anu ary 20 22 for review an d com m ent.
I S S U E S /A N A L Y S I S
I n an ti ci p at ion of review an d n eg otiation s rel ated to im p l em en tat ion of t h e p rop osed new p erm it, t he S an B ernard ino C oun ty F lood C ontrol D is tric t Leg al C ou nsel i ni ti ated th e reten tion of leg al rep resent ation for t he A rea-W id e P rog ram . T h e p rop osed ag reem en t (A tt ach m en t A ) w ould b e am on g S an B ern ard i n o C ou nt y, S an B ern ard in o C ou nt y F l ood C on trol D i st ri ct , an d th e p arti ci p at in g C i ti es, w h i ch c ou l d in cl u d e t h e C i ti es of B ig B ear L ake, C hino, C h in o H ills, C olton , Font ana, G ran d Terrace, H i g h lan d , Lom a Lind a, M on tclai r, O n tario, Rancho C u cam ong a, Red lan d s , R ialto, S an B ern ard in o, U p l and , and Yu cai p a. Th e p rop osed ag reem en t wou ld all ow t he C ou n ty, C ou nt y F l ood C on trol, an d t h e C ities t o n eg otiate a fu tu re rep lacem en t im p lem entation ag reem ent b etw een the p arties th at wou ld in corp orate req uirem ents of the new p erm it as w ell as an y u p d ates to b est p ractices in m an ag ing storm w ater on a c ou n tyw i d e b asis. F u rt h er, this ag reem ent w ou l d al low th e p arti es t o m ain tain con fid entiality am on g t he p art ies d u ri ng n eg oti ati on s an d p rovid e for joi n t leg al d efen s e of the fin al im p lem entation ag reem ent sh ould it b e ch alleng ed .
F I S C A L I M P A C T S
Th e cos ts incurred b y th e S an B ern ard in o C ou nt y C oun sel un d er this ag reem ent will b e p aid th rou g h t h e S an B ern ard in o C ou nt y A rea-W id e S torm w ater P rog ram B u d g et, i n wh ich the C ity cont rib u tes a p ro-rata s hare. T he c urren t an d next fiscal year b u d g ets each con tai n an allocation for this exp end iture. N o ad d ition al ap p rop riation s are necessary.
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
Attachment A: Common Interest Agreement
1 COMMON INTEREST, JOINT DEFENSE, AND
CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
This Common Interest, Joint Defense, and Confidentiality Agreement (“Agreement”) effective on January 1, 2022 is entered into by and among San Bernardino County (“County”), the San Bernardino County Flood Control District (“District”), and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (“Cities”) (collectively the “Parties” or individually a “Party”).
RECITALS
A. The County, District, and Cities own and/or operate storm water and urban runoff conveyance systems, including flood control facilities, commonly referred to as municipal separate storm sewer systems or storm drains, through which storm water and urban runoff are discharged into waters of the United States that are located within the Santa Ana Regio n.
B. The District, as Permittee, and the Cities, as Co -Permittees (jointly “Permittees”), are subject to a National Pollutant Discharge Elimination System (“NPDES”) Permit and Waste Discharge Requirements, Order No. R8-2010-0036, NPDES No. CAS618036 (“Permit”).
C. The Santa Ana Regional Water Quality Control Board (“Regional Board”) issued the Permit on January 29, 2010 for a five-year term. The Permit designates the District as “Principal Permittee” under the Permit, and the District administers and coordinates many of the permit requirements on behalf of all the Permittees .
D. On June 28, 2011, the Parties entered into an Implementation Agreement to establish an integrated storm water management program (“Program”) that included development of a Management Committee to coordinate compliance, including establishing budgets , to set forth the duties of the Parties, to provide reimbursement to the District for administrative responsibilities, and to share costs to implement the Program . The Implementation Agreement, attached hereto as Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the Program. The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit, as defined below, is approved.
E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for renewal on August 1, 2014.
F. Though the Regional Board has not yet issued a renewal of the Permit, th e Permittees continue to implement and comply with the Permit.
G. The Parties believe that the Regional Board may be circulating a draft version of the new permit (“Draft Permit”) in approximately January 2022.
H. Each of the Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board, participating in the administrative hearing to adopt the Draft Permit as the final permit (“Final Permit”), seeking administrative or judicial review of any terms in the Final Permit that warrant reconsideration, defending any adverse future claims or actions related to the Final Permit, and addressing any and all types of legal challenges to the Draft or Final Permit (jointly “Permit Proceedings”). Each of the
2 Parties intends to appear in administrative hearings as well as any potential future actions related to the Draft or Final Permit to represent the common interests of the Parties as well as each Party’s own separate interests, some of which may be unique. Such representation of separate or unique interests is not inconsistent with the common interests of the Parties.
I. Nothing in this Agreement is meant or should be construed to affect a Party’s legal obligation to exercise its independent judgment as required by law concerning the Permit Proceedings.
J. Without admitting any individual or shared liability, and expressly denying same, the Parties here assert that it will best serve their common interests to coordinate their efforts and share certain privileged and confidential information, in order to respond effectively to and negotiate with the Regional Board as well as to address and/or defend claims during the Permit Proceedings by the Regional Board or any parties that become adverse parties. Such coordination of effort and sharing of information is not intended to waive and shall not waive any privilege or protection otherwise applicable.
K. By this Agreement, the Parties seek to establish a common interest group with respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney-client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.
L. The Parties and their respective legal counsel are referred to herein as “the Common Interest Group.”
M. The Parties intend for this Agreement to allow for the inclusion of additional members of the Common Interest Group with the consent of all Parties.
N. The Parties intend for the scope of this Agreement to include any later-filed related actions that raise or implicate similar interests of the Parties without the necessity of amending this Agreement.
TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above Recitals in this Agreement, the Parties agree as follows:
1. Purpose. It is the purpose of this Agreement to memorialize the Parties’ intentions concerning the exchange of information during the Permit Proceedings, and to support a joint defense and/or common interest based upon the assertion by the Parties, or any Party, of the attorney-client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Joint Defense Communications (as defined in Paragraph 3 below) that may be shared among members of the Common Interest Group. This Agreement addresses the flow, handling, security, and disclosure of documents, data, and oral and written information that are not produced pursuant to formal or informal discovery requests, and that may be exchanged by members of the Common Interest Group. It is the intention of the Parties that the exchange of Joint Defense Communications among the members of the Common Interest Group will not constitute a waiver of any privilege or protection, including without limitation the attorney-client privilege, the attorney work product
3 doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between the Parties or among their counsel, and any exchange of work product or other Joint Defense Communications are in reliance on the Parties’ common interests, as described herein, and their intent to share information and cooperate in joint defense efforts without waiving any privilege or protection. In this regard, the Parties have agreed to provide reasonable cooperation in the execution of their respective duties under this Agreement. However, no obligation to share any documents, data or information is created by this Agreement.
2. Lawsuits. To the extent related to the Permit Proceedings, the Parties expressly state their intention to include in this Agreement any lawsuits related to adverse claims (other than a lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or against any Party at any time during the pendency of this Agreement without the necessity of amending this Agreement.
3. Joint Defense Communications.
a. “Joint Defense Communication” means any documents, data, or information (including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or experts that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. The Parties intend that all Joint Defense Communications shall remain privileged or protected when communicated to an y other Party or its elected officials, officers, partners, employees, agents, consultants, attorneys, representatives, or experts in accordance with the common purpose concepts in California Evidence Code § 912(d) and articulated in California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, Raytheon Co. v. Superior Court (1989) 208 Cal.App.3d 683, and Continental Oil Co. v. United States (9th Cir. 1964) 330 F.2d 347, and their progeny. Each of the Parties and counsel agree that all Joint Defense Communications they receive from any Party or its representative shall be treated and maintained by the receiving Party as privileged and confidential, and not disclosed to third parties, except as provided in this Agreement. b. Joint Defense Communications may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication. The Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are disclosed and shall not be disseminated outside the Common Interest Group. All Joint Defense Communications received from Parties pursuant to this Agreement are subject to the joint defense and common interest privileges or protections and must be held in strict confidence by the receiving party and its counsel. The receiving party may disclose Joint Defense Communications only to its counsel, authorized representatives, and those of its board members, councilmembers, supervisors, directors, officers, employees, agents, independent contractors, consultants and retained experts who have a need to know. Each Party agrees that its independent contractors will agree to keep all Joint Defense Communications confidential in accordance with the terms of this Agreement before any Joint Defense Communications is provided to them. If a Party intends to disclose a Joint Defense
4 Communication only to certain members of the Common Interest Group, the disclosing Party shall specify the members who are entitled to review or receive that information or document. All Parties agree that they will not share or disclose such Joint Defense Communications to any Party or person who is not designated by the disclosing Party.
c. A Joint Defense Communication that is exchanged in written or document form and that is intended to be confidential shall be marked “Confidential: Privileged Communication” or with a similar heading indicating confidentiality. To the extent possible, the header or footer should further list all other privileges and protections that may be applicable to the particular Joint Defense Communication, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. However, failure to mark or identify a Joint Defense Communication as “Confidential: Privileged Communication” or a similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or protection that may apply.
d. Waiver of the joint defense and common interest privileges or protections are effective only when all Parties unanimously agree to the waiver. Any Party (the “Disclosing Party”) may, without permission from the other Parties, use, for the Disclosing Party’s own purposes, any information that the Disclosing Party disclosed to and shared pursuant to this Agreement. e. Any Party who receives Joint Defense Communications shall not disclose such Joint Defense Communications or the information imparted thereby to any other third party without the express prior written consent of the other Parties. Any unauthorized disclosure of any Joint Defense Communication to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than a Joint Defense Communication.
f. Although documents and information that are not otherwise privileged will not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication, each Party shall treat the information as privileged and confidential and shall not disclose to third parties the fact that any particular document or information was shared through a Joint Defense Communication.
4. Permitted Use of Joint Defense Communications. All of the Parties acknowledge and agree that cooperation in the shared purposes and objectives necessarily involves the communication and sharing of confidential information and further agree that their interests are not currently adverse with regard to the subject of this Agreement. They further agree that all Joint Defense Communications received from any other Party shall be used exclusively in connection with the Permit Proceedings. Joint Defense Communications shall not be used or be admissible in any phase of any pre-litigation or litigation involving cross-claims or claims for contribution or indemnity between or among any of the Parties if such claims arise from or relate to adverse claims.
5. Permitted Disclosures. In the event that any Party receives a third-party request or demand for Joint Defense Communications received pursuant to this Agreement, by California Public Records Act (“CPRA”) request, subpoena, request for production or otherwise, the Party receiving such request or demand shall, prior to making such disclosure: (a) notify the Parties
5 pursuant to the notice provision herein; and (b) assert and exercise diligence in supporting the joint defense and/or common interest doctrines and preserve any and all potentially applicable privileges or other protections from disclosure of the Joint Defense Communications, unless such privileges and protections have been knowingly waived by the Parties or Party who provided the Joint Defense Communications. Each Party shall take reasonable steps necessary to permit the assertion of all applicable rights and privileges with respect to any Joint Defense Communication and shall cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint Defense Communications. However, the Parties understand and acknowledge that all Parties can still comply with their legal obligations under the CPRA and other document production statutes, if any, without breaching this Agreement, and no Party is required to seek a protective order or otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense Communication.
6. Injunction to Prevent Improper Disclosure. The Parties agree that the unauthorized or improper disclosure of Joint Defense Communications to third parties not covered by this Agreement will result in irreparable harm to the Parties. In the event a Party or former Party believes that another Party or former Party is preparing to disclose Joint Defense Communications to third parties not covered by this Agreement, the Party or former Party objecting to such disclosure may seek an injunction to prevent the disclosure of such Joint Defense Communications. Each Party represents and warrants that it will not, in the future, assert that such an injunction is not necessary on the grounds that there is an adequate remedy at law.
7. Joint Consultants or Experts. The Parties agree that if a consultant or expert is jointly hired by the Common Interest Group, or retained by an individual Party for a matter on which a common interest exists with respect to the Permit Proceedings, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert’s work product or to any Party’s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement. The Parties agree not to seek disqualification of consultants or experts engaged by any other Party or Parties in connection with any future action based solely on the exchange of information pursuant to this Agreement.
8. Good Faith. Each Party agrees to exercise good faith and diligence to implement this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense Communications consistent with the purposes of this Agreement and the intent of the Party providing the information.
9. Independent Efforts. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in the defense of any action relating to the Permit Proceedings or any adverse claims related to them. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.
10. Withdrawal or Settlement. Any Party may withdraw from this Agreement by delivering written notice to all other Parties, in accordance with Section 13 of this Agreement.
Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by
6 reason of settlement or otherwise. Any voluntary withdrawal or settlement does not relieve any Party’s obligation to continue to protect the confidentiality of all Joint Defense Communications, as though all Parties were still active in the Permit Proceedings. Such withdrawal or settlement shall be effective on the date that notice is deemed delivered to all Parties under the notice provision herein. Any Party withdrawing from this Agreement shall no longer have any right of access to any Joint Defense Communications after the date of withdrawal. The withdrawing Party shall either return or destroy all copies of Joint Defense Communications in its possession and shall certify in writing that all such materials have been returned or destroyed, as may be the case. All obligations under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal.
11. Termination. This Agreement shall terminate upon the earlier of the following occurrences: (a) conclusion of all Permit Proceedings evidenced by a final judgment or settlement of administrative or judicial actions related to the Final Permit; (b) upon unanimous written consent to terminate among all then-current Parties; or (c) withdrawal from this Agreement by all of the Parties.
12. Survival of Obligations. Each Party agrees that all obligations herein, including the obligation to protect the confidentiality of Joint Defense Communications under this Agreement, shall survive the withdrawal from or termination of this Agreement, by settlement or otherwise, and shall remain binding on all Parties notwithstanding their withdrawal or the Agreement’s termination, even if the interests of the Parties later become adverse, and regardless of whether the joint defense and/or common interest doctrines become inapplicable with respect to later communications between the Parties.
13. Notices. Except for changes in contact information, all notices under this Agreement must be in writing and must be sent by e-mail to the addresses set forth in Appendix A or hand-delivered or sent by registered or certified mail, postage pre-paid, return receipt requested, or by FEDEX or other nationally recognized overnight delivery service to each Party. Any notice shall be deemed delivered five (5) business days after such mailing date, except that any notice hand-delivered or sent by e-mail or overnight delivery shall be deemed delivered one (1) business day after the dispatch date for overnight delivery service. Notices shall be addressed to each Party at the addresses shown for them in Appendix A, with a copy to its respective counsel of record.
Should the contact information for any Party change, then the Party shall provide written notification to all other Parties, either by e-mail or U.S. Mail within thirty (30) days of the change.
14. Engagement. Each Party agrees that it will not move to disqualify counsel from accepting future engagements unrelated to Permit Proceedings based solely upon counsel’s receipt of Joint Defense Communication. The Parties agree they will not seek to disqualify counsel from examining or cross-examining any Party who testifies at any proceeding, whether under a grant of immunity or otherwise, because of such attorney’s participation in this Joint Defense Agreement; and that such attorney may use any Joint Defense Communications provided by such Party while the Party was participating in this Agreement, but only consistent with the provisions of this Agreement. Each undersigned counsel to this Agreement represents that he or she has specifically advised his or her respective client of this clause and that such client has agreed to its provisions.
7 15. Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to the subject matter contained herein, and no other terms are binding on the Parties.
16. Modifications. Any modification to this Agreement must be in writing and signed by all of the then-current Parties. This Section does not apply to changes in a Party’s contact information.
17. Remedies. The Parties expressly acknowledge and agree that no adequate remedy is available at law for a breach of this Agreement and that in addition to any other remedies available, performance of this Agreement may be specifically ordered and/or a breach hereof may be enjoined, or both.
18. No Admission of Liability or Responsibility. No recital, term, and/or provision in this Agreement shall be construed as an admission of liability or responsibility relating to the adverse claims by any Party.
19. Additional Parties. Additional parties and their counsel may be added to the Common Interest Group with prior written acceptance of such addition by all Parties, which may be provided by e-mail from counsel for the Parties. The addition of a new Party is effected by completion of the “Additional Party Signature Page,” attached hereto, and delivery of the completed signature page to all other Parties.
20. No Relationships Created. Nothing in this Agreement shall be construed to (a) create an attorney-client relationship between any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client’s best interests.
Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.
21. Reservation of Rights and Claims. Notwithstanding any provision of this Agreement, each Party reserves all claims, causes of action, and any and all other rights it has or may have against any other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims or rights.
22. Attorney’s Fees. Except by separate agreement, including but not limited to the Implementation Agreement, each Party shall be responsible for its own attorney’s fees related to this Agreement, any actions required under this Agreement, and actions during or related to the Permit Proceedings.
23. No Compensation. Except by separate agreement, including but not limited to the Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or contribution from any other Party for the participation of its employees, officers, agents, or counsel in the Permit Proceedings.
8 24. Jointly Drafted. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.
25. Counterparts and Signatures. The Parties agree that Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original.
If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart of this Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (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 Agreement upon request.
26. Severability. If any provision in this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain effective and shall be enforced to the full extent permitted by law.
27. Authority. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.
28. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law; venue shall be San Bernardino County.
WHEREFORE, the Parties below have executed and entered into this Agreement as of the date indicated and within the jurisdiction noted.
SAN BERNARDINO COUNTY AND
SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT
____________________________________
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino County Flood Control District
Date: ______________________
9 CITY OF BIG BEAR LAKE
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
10 CITY OF CHINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:________________________________
Date:
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
11 CITY OF CHINO HILLS
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
12 CITY OF COLTON
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
13 CITY OF FONTANA
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
14 CITY OF GRAND TERRACE
By: _________________________________
Name:
Title:________________________________
Date:________________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
15 CITY OF HIGHLAND
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:
Date:________________________________
16 CITY OF LOMA LINDA
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
17 CITY OF MONTCLAIR
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
18 CITY OF ONTARIO
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
19 CITY OF RANCHO CUCAMONGA
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:_____________________________
Name:
Title: ___________________________
Date: ___________________________
20 CITY OF REDLANDS
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
Approved as to Legal Form:
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
21 CITY OF RIALTO
By:_______________________________
Name:
Title: _____________________________
Date: _____________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
22 CITY OF SAN BERNARDINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
23 CITY OF UPLAND
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
24 CITY OF YUCAIPA
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: ___________________________
Name:_________________________
Title:__________________________
Date:__________________________
25 ADDITIONAL PARTY SIGNATURE PAGE
WHEREFORE, the Party below has executed and entered into this Common Interest, Joint Defense, and Confidentiality Agreement as of the date indicated.
Date:______________________ By:____________________________________ Name:______________________________
Title:_______________________________
APPENDIX A:
PARTY CONTACT INFORMATION
Name and Address of Party and Counsel
Telephone and Facsimile
San Bernardino County
Jonathan Dillon, [email protected]
Elias Severo, [email protected]
825 East Third Street
San Bernardino, CA 92415
San Bernardino County Flood Control District
Arlene B. Chun, [email protected]
Anthony Pham, [email protected]
Chris Bland, [email protected]
825 East Third Street
San Bernardino, CA 92415
Meyers, Nave
Gregory J. Newmark, [email protected]
Viviana L. Heger, [email protected]
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
San Bernardino County Counsel
Sophie Akins, [email protected]
385 North Arrowhead Avenue, 4th Floor
San Bernardino, CA 92415
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(909) 387-8109
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(213) 626-2906
(213) 626-0215 facsimile
(909) 387-5001
City of Big Bear Lake
Lynn Merrill, [email protected]
P.O. Box 10000
Big Bear Lake, CA 92315
[insert City Attorney]
(951) 217-1201 (mobile)
[insert ] facsimile
2 Name and Address of Party and Counsel
Telephone and Facsimile
City of Chino
Ruben Valdez, [email protected]
Nathan Marlinski, [email protected]
13220 Central Ave.
Chino, CA 91710
[insert City Attorney]
(909) 334-3423
(909) 334-3345
(909) 334-3724 facsimile
City of Chino Hills
Nisha Wells, [email protected]
Andy Zummo, [email protected]
14000 City Center Drive
Chino Hills, CA 91709
[insert City Attorney]
(909) 364-2835
(909) 364-2792
[insert ] facsimile
City of Colton
Moises Peralta, [email protected]
Tanya Garcia, [email protected]
160 S. 10th Street
Colton, CA 92324
[insert City Attorney]
(909) 370-5065
(909) 370-5065
(909) 370-6104 facsimile
3 City of Fontana
Abigail Gomez, [email protected]
Edwin Alonzo, [email protected]
8353 Sierra Ave.
Fontana, CA 92335
[insert City Attorney]
(909) 350-6772
(909) 428-8819
[insert ] facsimile
City of Grand Terrace
Lynn Merrill, [email protected]
Robert Eisenbeisz, reisenbeisz@grandterrace -ca.gov
22795 Barton Road
Grand Terrace, CA 92314
[insert City Attorney]
(951) 217-1201 (mobile)
(909) 824-6621, ext. 251
[insert ] facsimile
City of Highland
Melissa Morgan, [email protected]
Carlos Florez, [email protected]
27215 East Base Line
Highland, CA 92346
[insert City Attorney]
(909) 864-8732 x230
(909) 864-6861 x271
(909) 862-3180 facsimile
City of Loma Linda
T. Jarb Thaipejr, [email protected]
Jeff Peterson, [email protected]
25541 Barton Road
Loma Linda, CA 92354
[insert City Attorney]
(909) 799-4407
(909) 799-4407
(909) 799-2891 facsimile
4 City of Montclair
Steve Stanton, [email protected]
Samantha Conteras, [email protected]
P.O. Box 2308
Montclair, CA 91763
[insert City Attorney]
(909) 625-9444
(909) 625-9447
[insert ] facsimile
City of Ontario
Alicia Espinoza, [email protected]
Nathan Pino, [email protected]
Raymond Lee, [email protected]
303 East B Street
Ontario, CA 91764
[insert City Attorney]
(909) 395-2188
(909) 395-2389
(909) 395-2104
(909) 395-2122 facsimile
City of Rancho Cucamonga
Linda Ceballos, [email protected]
Scott Rapp, [email protected]
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[insert City Attorney]
(909) 774-4060
(909) 774-4064
(909) 477-2746 facsimile
City of Redlands
Aaron Ares, [email protected]
P.O. Box 3005
Redlands, CA 92373
[insert City Attorney]
(909) 798-7597 x5
(909) 798-7670 facsimile
5 City of Rialto
Melanie Sotelo, [email protected]
Joe Rosales, [email protected]
Office: 1470 East Cooley Drive, Colton, CA 92324
City: 355 West Rialto Avenue, Rialto, CA 92376
[insert City Attorney]
(909) 835-0313 (mobile)
(909) 241-6212 (mobile)
[insert ] facsimile
City of San Bernardino
Ken Watson, [email protected]
Susan Pan, [email protected]
290 North “D” Street
San Bernardino, CA 92410
[insert City Attorney]
(909) 384-5154
(909) 384-5225
(909) 384-5080 facsimile
City of Upland
Nicole deMoet, [email protected]
Julian Chang, [email protected]
P.O. Box 460
406 N. Euclid Ave.
Upland, CA 91785
[insert City Attorney]
(909) 291-2970
(909) 291-2941
(909) 291-2774 facsimile
City of Yucaipa
Katrina Kunkel, [email protected]
Fermin Preciado, [email protected]
34272 Yucaipa Blvd.
Yucaipa, CA 92399
[insert City Attorney]
(909) 797-2489 x255
(909) 797-2489 x240
(909) 790-9203 facsimile
5050303.1
S T A F F R E P O R T
I T E M N O . 10.H .
D A T E :M arch 14 , 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 : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R
A L A N F R E N C H , P R I N C I PA L E N G I N E E R S U B J E C T :A C C E P TA N C E O F P U B L I C A N D P R I V A T E I M P R O V E M E N T S F O R T R A C T 2 00 23 , G E N E R A L LY LO C A T E D O N T H E S O U T H S I D E O F 9 T H
S T R E E T E A S T O F B O D E N H A M E R
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 t h e C i ty C ou n c il ac cep t th e p ub li c im p rovem en ts constructed b y A D C S ag e TT H , g en erall y located on th e south s id e of 9 th S t reet east of B od en ham er; an d ap p rove th e red uction of th e Fait hfu l Perform an c e B ond an d Lab or an d M aterial s B on d t o twen ty five p ercen t (2 5%).
G O A L S T A T E M E N T
Th e p rop os ed act ion sup p orts th e C it y's g oal t o ad here to a review sched ule for th e p rocessin g of d evelop m ent p rop osals in an efficient, p rofession ally resp on sive, and cou rteous m an ner.
B A C K G R O U N D
O n Feb ru ary 28 , 2 01 8, t he P l an n in g C om m ission con d i ti on al ly ap p roved Ten tat ive Tract M ap 20 02 3 (TT M 2 00 23 ) for cond om inium p u rp oses.
Th en, at t he M arch 2 3, 2 0 2 0 C i ty C ou nc il m eeting , TT M 2 0 0 2 3 was ap p roved for record in g w hich inclu d ed construction of 5 2 attach ed town hom e resid en tial un its on a 4 .6 g ross acre site.
A D C S ag e TT H w as req u ired to p ost p erform anc e as well as l ab or and m at erials b on d s for b oth p ub lic i n th e am ou nt of $22 9,0 00 an d p rivate i m p rovem ent s i n th e am ou n t of $1 ,09 3,0 00 . T h es e b on d s en su red th at all th e req u ired i m p rovem ent s for t he p roject w ere com p leted .
I S S U E S /A N A L Y S I S
I n c on form an ce t o t h e c ond it ion s of ap p roval con tained i n Res olu ti on N o. 48 78 b y the P lann in g C om m is si on , A D C S ag e TT H h as com p let ed t h e im p rovem en ts req u i red for the d evelop m ent. Th e C i ty has in sp ect ed t h e com p leted im p rovem en ts an d fou nd th em to b e in com p lian ce with th e ap p roved p lans.
Th e on si te p rivate im p rovem ents are sub st ant ial ly com p lete at th is t im e and are p art of the H om e O wn ers A ssociation 's resp on sib ility to m aintain .
Th e C ity c an n ow acc ep t the off-sit e im p rovem en ts an d red u c e the Perform ance B on d t o 2 5%.
Th e rem ain in g 2 5% will serve as a g uarantee of th e w ork for one year. Th e rem ain in g b ond w ill b e released after the on e year term if there are n o m aterial d efects b y th e end of th e one year.
S im ilarly, the Lab or an d M aterial B on d s will b e released six m ont hs after th is act ion is ap p roved if th ere are n o cl aim s (e.g . b y vend ors , sub con tract ors, et c.) filed ag ainst th e p roject in accord ance w ith O rd inan ce 1 6.2 0.0 10 .
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 e p rop osed 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
L ocation map
Subdivision Agreement Public Improvements and Bonds
Subdivision Agreement Private Improvements and Bonds
T ract 20023
Private E ngineers Estimate
Public Engineers E stimate
SUBDIVISION AGREEMENT
Tract Map Number 20023 PUBLIC IMPROV EME NTS
THIS AGREEMENT is e nte r ed into as of this ----'-4t-'-'-'h __ day of December 2 0~ by and betw een ADC Sage TH , LLC (hereinafte r refer red to as "S ubdi vi d er") and the CITY OF UPLAND , a municipal co r po rati on (h ereinafter referred to as the "City").
A. Recitals
(i)
(ii)
B. Agreement
Th e City approved a Te ntative Tract Map pursuant to the California Subdivision Map Act as set forth in California Governme nt Code Section 66410 et. seq. (''Map Act") identified as T e ntative Tract Number 20023 in the City of Uplan d, State of California; and
Subdivider seeks approval of a Final Map under the Map Act identifie d as Final Map Number ~2=0=02=3~--
It is agreed by and between the parties here to as follows:
1. In consideration of the City 's approval of and fil ing T entative Subdivision Tract Map Numbe r 20023 and Final Tract Number 20023 , Subdivider und ertakes and agrees that it w ill, at Subdivider's so le cost and expense, d esign , construct and install all the improvements in accordance with th e plans, specifi catio ns on fil e with the City, incorporated herein and made a part hereof, and incl uding all co nditions of approval r equired by the Planning Com mission and City Council of the City of Upland.
2. Subdivider also undertakes and agrees upon the sa m e consid eration to design, construct and install all improvements in accordance with the ordinances and r egu lations of the City, and to do all other and fu rther acts r eq uired of it pursuant t o this Agreement.
3. Subdivider agrees in connectio n therewith to pay or cause to be paid all amounts b eco ming due to co ntractors, subcontractors, and persons renting equipme nt or furnishing labor or materials t o the foregoing Final T ract wi th re spect to such improvements.
4. Subdivider agrees that all such improvements shall be constructed and completed in accordance with the city sta ndard s required by the City Engineer.
In case of dispute, the good faith judgment of the City Engin ee r sha ll be final and binding upon th e parties.
5 . Subdivider underta k es and agrees that all of the work of improvement shall be complete d within three hundred sixty five (365) days from the date of execution of this Agreement.
6. Should Subdivider fail to comply with any of the t erms or provisions of this Agreement, Subdivider sha ll be liabl e to the City for the reasonable value of any work or improvements not completed or improp erly done or perform ed . In the event of any such failure, the City shall give to Subdiv id er written noti ce thereof.
Unless the work or improvements covered by said notice, incl uding defective work and improvements, are commence d by Subdivider within fiftee n ( 15) days of th e date of sa id notice and diligently pros ecuted t o completion, the City may at its option:
C:\Users\pyambot\Desktop\LAND DEV & TRANSPORT A TION\Subd ivis io n Agree me nt_rev _ I I _ I 8 _ 14.docx Revised : November 18, 2014
a) Collect from Subdivider the reasonable value of the work and improvements not so done and performed by Subdivider, to be measured by the anticipated costs and expenses of completing the same; or b) The City may complete said work and improvements not so completed by Subdivider and collect its costs and expenses in completing the same; or
c) The City may, as to some of such work and improvements, proceed under remedy (a) above, and as to the remainder, under remedy (b) above.
The City may change any election prior to trial of any lawsuit, and prior thereto no election of remedies shall be binding upon the City. In either event, there shall be included in said "costs and expenses," the reasonable overhead expenses of the City. In addition to the foregoing, Subdivider shall be liable to the City for reasonable attorneys' fees and court costs incurred by the City in enforcing the obligations of Subdivider under this Agreement.
7. All slope banks over three (3) feet in vertical height within said Tract Map shall be landscaped with landscaping approved by the City Engineer.
Sprinklers shall be installed on all slopes over three (3) feet in vertical height along arterial streets and shall be of a type and according to a sprinkler plan approved by the City Engineer, with sprinkler turn-ons at the tops of the slopes, and connected with the remainder of the water systems of the lots of which such slopes are a part.
8. Subdivider shall, at its sole cost and expense, secure and furnish to the City, bonds in a form approved by the City, executed by a corporation authorized to transact surety business within the State of California, for the following amounts and purposes:
(a) A bond in the amount of$ 229.000.00 guaranteeing full performance of all the terms of this Agreement, see Performance Bond No. ____ _
(b) A bond in the amount of$ 11s ,ooo.oo securing payment to the contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them with respect to said public improvements, see Labor and Materials Bond No. ____ _
(c) A cash deposit in the amount of _ securing
the setting of monuments.
9. Acceptance of any work or improvements by the City shall not constitute an acknowledgment by the City that the same are properly done or performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so readily apparent, Subdivider shall repair any defects which occur in the work of improvements within a one (1) year period thereof following acceptance by the City.
10. As a condition precedent to the acceptance of the improvements hereunder as being complete and prior to the release of any bonds required under paragraph 8, hereof, securing the faithful performance of Subdivider's obligations hereunder, Subdivider shall give a bond with a corporate bonding company or similar instrument, satisfactory to the City in the amount of $ 57,2 50.0 0 as guarantee and warranty of the work for a one ( 1) year period following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.
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11. Except as to the sole and exclusive negligence of City, its elected officials, officers agents and employees, Subdivider hereby agrees to indemnify, defend and hold harmless, the City, its elected officials, officers, agents and employees from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers' compensation claims, costs, expenses or damages to property or injuries to or death of any person or persons, including attorneys fees and all other claims, whether groundless or not, arising out of or related to the acts, errors or omissions of Subdivider, its officers, agents, employees, consultants, subcontractors or other persons, companies or other entities using roadways/streets of the subdivision, performing labor, transporting and/or supplying material, designing, constructing or installing the improvements contemplated in this Subdivision Agreement. Where the Subdivider divides the project in phases and or allows construction vehicles or construction traffic use the same roadways/streets used by residents of the subdivision causing accidents, the Subdivider shall indemnify the City, its officers, its employees and its agents from any and all liability, claims, damages, or injuries to any person or property arising from the Subdivider's actions or actions of his employees, agents, and contractors.
12. All notices to Subdivider may be sent to 1800 s Bran d Bl #203 G lendale CA 9 1204 or at such other address of which the City shall actually receive notice in writing specifically calling attention to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. BY ~
;ir_a.-liL.~ '-V ' >l.__ , ~ c s,.j-€-Tl-{ LL L
Name and Companf
BY ________________ _
Name and Company
CITY OF UPLAND, a municipal Corporation
BY ________________ _
City Manager
BY ________________ _
City Clerk
C:\Users\pya mbot \Desk top \LAN D DEV & TRAN SPORTATION\Subdivisi on Ag ree ment_rev _ I I _ I 8 _ 14.d ocx Rev ise d: November 18, 2014
CALIFORNIA ACKNOWLEDGMENT
(Civil Code §1189)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Lc:f, ~):e';>
---.L..l..l~'-1..1......u.""°1£.~--=~~~.Ll.C""'-'-----'-------who proved to me on the basis of satisfactory evidence to be the person whose namejsf is/¢ subscribed to the within instrument and acknowledged to me that he/~/~ executed the same in his/!)efltl)elf authorized capacity~ and that by his/!)ef/tb,eit signature¢ on the instrument the person_ts), or the entity upon behalf of which the person~acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __ ~-~--:f-==--·--'=-------
1·········-··1 • DANIELL£ NICOLE REAMS : e Notary ~ublic -Cali fornia !E i. . Los Antfl.s Cou nty ~ . Commtu ion # 22378 70
' My Comm . Expirl!S Apr 13, 2022
(T~is area for notary stamp)
Title of Type of Document &Jbc,v,'0)01\ ~qreroeDt Vub\i c ,mp~ (Attached)
SUBDIVISION AGREEMENT
Tract Map Number 20023 PRIVATE IMPROVEMENTS
THIS AGREEMENT is entered into as of this _4t_h __ day of December 20J..Q._ by and between ADC Sage TH, LLC (hereinafter referred to as "Subdivider") and the CITY OF UPLAND, a municipal corporation (hereinafter referred to as the "City").
A . Recitals
(i)
(ii)
B. Agreement
The City approved a Tentative Tract Map pursuant to the California Subdivision Map Act as set forth in California Government Code Section 66410 et. seq. ("Map Act") identified as Tentative Tract Number 20023 in the City of Upland,
State of California; and
Subdivider seeks approval of a Final Map under the Map Act identified as Final Map Number ~2=0=02=3~--
It is agreed by and between the parties hereto as follows:
1. In consideration of the City's approva l of and filing Tentative Subdivision Tract Map Number 20023 and Final Tract Number 20023 , Subdivider undertakes and agrees that it will, at Subdivider's sole cost and expense, design, construct and install all the improvements in accordance with the plans, specifications on file with the City, incorporated herein and made a part hereof, and including all conditions of approval required by the Planning Commission and City Council of the City of Upland.
2 . Subdivider a l so undertakes and agrees upon the same consideration to design, construct and insta ll all improvements in accordance with the ordinances and regulations of the City, and to do all other and further acts required of it pursuant to this Agreement.
3. Subdivider agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the foregoing Fi nal Tract with respect to such improvements.
4. Subdivider agrees that all such improvements shall be constructed and completed in accordance with the city standards required by the City Engineer.
In case of dispute, the good faith judgment of the City Engineer shal l be final and binding upon the parties.
5. Subdivider undertakes and agrees that all of the work of improvement sha ll be completed within three hundred sixty five (365) days from the date of execution of this Agreement.
6. Should Subdivider fail to comply with any of the terms or provisions of this Agreement, Subdivider shall be liable to the City for the reasonable value of any work or improvements not completed or improperly done or performed. In the event of any such failure, the City shall give to Subdivider wri tten notice thereof.
Unless the work or improvements covered by said notice, including defective work and improvements, are commenced by Subdivider within fifteen (15) days of the date of said notice and diligently prosecuted to completion, the City may at its option:
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a) Collect from Subdivider the reasonable value of the work and improvements not so done and performed by Subdivider, to be measured by the anticipated costs and expenses of completing the same; or b) The City may complete said work and improvements not so completed by Subdivider and collect its costs and expenses in completing the same; or
c) The City may, as to some of such work and improvements, proceed under remedy (a) above, and as to the remainder, under remedy (b) above.
The City may change any election prior to trial of any lawsuit, and prior thereto no election of remedies shall be binding upon the City. In either event, there shall be included in said "costs and expe nses," the reasonable overhead expenses of the City. In addition to the foregoing , Subdivider shall be liable to the City for reasonable attorneys' fees and court costs incurred by the City in enforcing the obligations of Subdivider under this Agreement.
7. All slope banks over three (3) feet in vertical height within said Tract Map shall be landscaped with landscaping approved by the City Engineer.
Sprinklers shall be installed on all slopes over three (3) feet in vertical height along arterial streets and shall be of a type and according to a sprinkler plan approved by the City Engineer, with sprinkler turn -ons at the tops of the slopes, and connecte d with the remainder of the water systems of the lots of which such slopes are a part.
8. Subdivider shall, at its sole cost and expense, secure and furn ish to the City, bonds in a form approved by the City, executed by a corporation authorized to transact surety business within the State of Cal ifornia , for the following amounts and purposes:
(a) A bond in the amount of$ 1 ,093 ,000.0 0 guaranteeing full performance of all the terms of this Agre e ment, see Performance Bond No. ____ _
(b) A bond in th e amount of $ 547,ooo .oo securing payment to the contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them with respe ct to said public improveme nts, see Labor and Materials Bond No. ____ _
(c ) A cash deposit in the amount of $ 5 ,000.00 securing the setting of monuments.
9. Acceptance of any work or improvements by the City shall not constitute an acknowl edgment by the City that the same are properly done o r performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so r e adily apparent, Subdivide r shall repair any defects which oc cur in the work of improve ments within a one (1) year period thereof following acceptance by the City.
10. As a condition precedent to the acce ptance of the improvements hereunder as being complete and prior to the r e le ase of any bonds required under paragraph 8, hereof, sec uri ng th e faithful p e rformanc e of Subdivider's obligations hereunde r, Subdivider shal l give a bond with a corporate bonding company or similar instrument, satisfactory to the City in the amount of$ 273 ,25 0 as guarantee and warranty of th e work for a one (1) y e ar period following the completion and acc eptance thereof against any d e fective work or labor done, or defective materials furnished.
C:\Use rs\pyambot\Desktop\LAND DEV & TR ANSPOR TA T ION \Subdi v i sion Agr eem ent_re v _ I I _ l 8 _ 14.d ocx Revised: November 18, 2014
11. Except as to the sole and excl usive negligence of City, its elected officials, officers agents and employees, Subdivider hereby agrees to indemnify, defend and hold harmless, the City, its elected officials, officers, agents and employees from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers' compensation claims, costs, expenses or damages to property or injuries to or death of any p erso n or persons, including attorneys fees and all other claims, whether groundless or not, arising out of or related to the acts, errors or omissions of Subdivider, its officers, agents, employees, consultants, subcontractors or other persons, companies or other entities using roadways/streets of the subdivision, performing labor, transporting and/or supplying material, designing, constructing or installing the improvements contemplated in this Subdivision Agreement. Where the Subdivider divides the project in phases and or allows construction vehicles or construction traffic use the same roadways/streets used by residents of the subdivision causing accidents, the Subdivider shall indemnify the City, its officers, its employees and its agents from any and all liability, claims, damages, or injuries to any person or property arising from the Subdivider's actions or actions of his employees, agents, and contractors.
12. All notices to Subdivider may be sent to .:t.B_Q0 s_sra nd_BI ~20_3, Glen da le. GP-9_1204 or at such other address of which the City shall actually receive notice in writing specifically calling attention to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written.
BY ________________ _
Name and Company
CITY OF UPLAND, a municipal Corporation
BY ________________ _
City Manager
BY ________________ _
City Clerk
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CALIFORNIA ACKNOWLEDGMENT
(Civil Code §1189)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accu racy, or validity of that document.
State of California
County of U&, ilixf) es
on MaJCb 12.., 20W before me, Dan)e\\e N"1 c:.ole :Reams . Notary Public personally appeared Ma ±ili eLtJ CI vi f)t ~ who proved to me on the basis of satisfactory evidence to be the person~ w o;;;meJ.s(is/~ subscribed to the within instrument and acknowledged to me that he/~/~ executed the same in his/per/t!)etf authorized capacity(~, and t hat by his/p.erlt_beff signature~on the instr ument the person_.W; or the entity upon behalf of which the person~acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature, __ -_$ _ _..:s:;::::.......b.,_.2'.:::==:::./:_ __ _ I &j . !:.:. :~:;,: • f ~ • • Notary Public • Ca lifor ni a i 'i : ~ Los An gPl'5 County ! , • Commission I 2237870 ~
''"
0 ' My Comm. Expires Ap r 13, 2022
(T~is area for notary stamp)
Title of Type of Document fuWi vi5 1 ro A~ ) Pt ivare. 'fr'.'?f o\e(!leYJ-Js (Attached)
Estimated Cost
1 .Street Improvements 66,736.25 $
2 .Sewer Improvements - $
3 .Water Improvements - $
4 .Drainage Improvements 6,325.00 $
6 .Miscellaneous (REDUCED BY CITY)245,868.72 $
Sub-total 318,929.97 $
10% Contingency 31,893.00 $
Total Bond Amount 350,822.96 $
Faithful Performance (100%)351,000.00 $
Labor and Materials (50%)176,000.00 $
Final Monuments - $
(Cash Deposit required for monuments)
Estimated By:Vince DiDonato and Stephen Ventura.
RCE#:See separate sheets for stamp/signature
Date:10/22/2019
REVISED AMOUNTS:
BOND AMOUNT CALCULATION
CITY OF UPLAND
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE SUMMARY SHEET
Public Improvements
Item Description
Bond amounts will be calculated by the developer's engineer and checked by the Public Works Department.
Inspection fee deposits shall be paid prior to issuance of permit.
Developer: UPLAND 3 ACRES, LP
Project: SAGE @ NINTH STREET
Location: 1337 Bowen Street
Summary (Unlocked)Page 27 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
1160.25 CY 25.00 $ 29,006.25 $
- $
CY (c or f)8.00 $ - $
CY (c -f)3.00 $ - $
LF 66.00 $ - $
LF 70.00 $ - $
LF 110.00 $ - $
3773 SF 10.00 $ 37,730.00 $
SF 16.00 $ - $
LF 53.00 $ - $
LF 55.00 $ - $
LF 70.00 $ - $
SF 16.00 $ - $
LF 16.00 $ - $
EA 4,000.00 $ - $
SF 12.00 $ - $
TON 95.00 $ - $
SF 11.00 $ - $
SF 4.00 $ - $
CY 55.00 $ - $
LF 20.00 $ - $
EA 12,000.00 $ - $
EA 14,000.00 $ - $
LF 110.00 $ - $
LF 10.00 $ - $
SF 3.00 $ - $
LF 10.00 $ - $
EA 900.00 $ - $
EA 300.00 $ - $
LF 2.00 $ - $
SF 35.00 $ - $
EA 3,800.00 $ - $
EA 350.00 $ - $
SF 4.50 $ - $
LF 50.00 $ - $
- $
EA 30,000.00 $ - $
Parkway Landscape and Irrigation
Install Chain Link Fence
Irrigation Backflow Prevention Assembly (w/ enclosure)
Relocate Power Pole
Adjust Water Valve to grade
Sawcut
Decorative Concrete
Underwalk Drain
Parkway Trees
Install Barricades
Remove Barricades
Remove AC Pavement
Remove PCC Curb
Adjust Sewer Manhole to grade
Grind & AC Overlay @ 0.50 inch
Aggregate Base CL II
AC Berm
Street Lights Underground + Trench (Standard Marbelite) Street Lights Underground + Trench (Decorative)
Ribbon/Alley Gutter
Wheelchair Ramp (ADA Compliant)
Drive or Alley Approach
Asphalt Concrete (144 lbs/ft3)
AC Patch-Trench (Match Existing)
PCC Cross Gutter/Spandrel
PCC Curb Only 6"
PCC Curb Only 8"
Rolled Curb
PCC Pavement
(b) Excavate & Export
PCC Curb and Gutter 6"
PCC Curb and Gutter 8"
Rock Curb and Gutter (6-sack mix for curb)
PCC Sidewalk
Street Items
Roadway Excavation
1. Projects with Grading Plan area X 0.50'
2. Projects without Grading Plan road area and
(a) Excavate & Fill
Estimate of Cost for
Public Street Improvements
Street Page 30 of 48
66,736.25 $ Total for Street Improvements
By:
Street Drawing Number(s):
Street Page 31 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
EA 12,000.00 $ - $
EA 20,000.00 $ - $
EA 3,000.00 $ - $
LF 85.00 $ - $
LF 100.00 $ - $
LF 120.00 $ - $
LF 145.00 $ - $
LF 80.00 $ - $
LF 82.00 $ - $
LF 85.00 $ - $
LF 150.00 $ - $
EA 300.00 $ - $
EA 900.00 $ - $
EA 2,500.00 $ - $
Connect to Existing Manhole and Rechannel EA 4,000.00 $ - $ EA 2,500.00 $ - $
EA 600.00 $ - $
EA 9,000.00 $ - $
- $
By:
Sewer Drawing Number(s):
Total for Sewer Improvements
Backflow Device
8-inch x 4-inch Sewer Wye
Grease Interceptor (750 gal. min.)
Concrete Encasement 12-inch
8-inch CIP Mainline
Adjust Cleanout to Grade
Adjust Manhole to Grade
Remove Manhole
8-inch VCP Sewer Mainline
10-inch VCP Sewer
12-inch VCP Sewer
Concrete Encasement 8-inch
Concrete Encasement 10-inch
Sewer Items
Sewer Manholes (48-inch Diameter)
Sewer Drop manholes (48-inch Diameter)
Sewer Cleanouts
6-inch VCP Sewer Laterals
Estimate of Cost for
Public Sewer Improvements
Sewer Page 32 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
LF 120.00 $
EA 2,300.00 $ - $
LF 125.00 $ - $
EA 2,500.00 $ - $
EA 11,000.00 $ - $
EA 6,000.00 $ - $
EA 11,000.00 $ - $
EA 11,000.00 $ - $
EA 4,000.00 $ - $
EA 3,500.00 $ - $
1-inch Water Service EA 2,500.00 $ - $
EA 7,000.00 $ - $
EA 2,000.00 $ - $
EA 1,000.00 $ - $
LF 120.00 $ - $
EA 3,500.00 $ - $
EA 12,000.00 $ - $
EA 8,000.00 $ - $
EA 6,500.00 $ - $
EA 6,500.00 $ - $
EA 5,000.00 $ - $
LF - $
- $ Total for Water Improvements
By:
Water Drawing Number(s):
Blow Off Assembly
Recycled Water Line, Irrigation
Backflow Device
8-inch Fire Service with Vault and Valve
6-inch Fire Service with Vault and Valve
4-inch Fire Service with Vault and Valve
4-inch Modified Blow-Off Assembly
1 1/2-inch Water Service
2-inch Air Vacuum Release Valve
Blind Flange
Relocate Existing Water meter
6-inch Fire Service
6-inch Fire Hydrant Assembly
12-inch Resilent Wedge Gate Valve
Upgrade 4-inch Fire Hydrant Assembly to 6-inch
Relocate 6-inch Fire Hydrant Assembly
2-inch Water Service
Water Items
6-inch Water Main (CML&C)
6-inch Resilent Wedge Gate Valve
8-inch Water Main (CML&C)
8-inch Resilent Wedge Gate Valve
Estimate of Cost for
Public Water Improvements
Water Page 33 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
LF 215.00 $
LF 225.00 $ - $
LF 240.00 $ - $
LF 270.00 $ - $
LF 300.00 $ - $
LF 450.00 $ - $
LF 480.00 $ - $
LF 495.00 $ - $
EA 600.00 $ - $
46 LF 45.00 $ 2,070.00 $
LF 65.00 $ - $
EA 14,000.00 $ - $
EA 23,000.00 $ - $
LF 9,000.00 $ - $
EA 10,000.00 $ - $
EA 12,000.00 $ - $
EA 15,000.00 $ - $
EA 18,000.00 $ - $
EA 25,000.00 $ - $
EA 2,000.00 $ - $
EA 3,000.00 $ - $
EA 3,500.00 $ - $
LF 10.00 $ - $
EA 1,500.00 $ - $
1 EA 2,500.00 $ 2,500.00 $
27 LF 65.00 $ 1,755.00 $
6,325.00 $
By:
Storm Drain Drawing Number(s):
Total for Storm Drain Improvements
18"x18" or 24"x24" Box Inlet
4" x 12" Rectangular Tubing
Concrete Collar
Clean Out
Curb Inlet/Outlet
Bio-Swale
12"x12" Box Inlet
4' Wide Catch Basin and Local Depression
7' Wide Catch Basin and Local Depression
10' Wide Catch Basin and Local Depression
14' Wide Catch Basin and Local Depression
21' Wide Catch Basin and Local Depression
8-inch HDPE
12-inch HDPE
Standard Manhole
Junction Structure (with manhole)
Junction Structure (without manhole)
42-inch RCP
48-inch RCP
54-inch RCP
60-inch RCP
72-inch RCP
Storm Drain Items
18-inch RCP
24-inch RCP
30-inch RCP
36-inch RCP
Estimate of Cost for
Public Storm Drain Improvements
Storm Drain Page 34 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
LF 2.00 $ - $
LF 3.00 $ - $
LF 3.00 $ - $
LF 2.00 $ - $
LF 3.00 $ - $
SF 3.00 $ - $
LF 4.50 $ - $
LF 6.50 $ - $
SF 6.00 $ - $
EA 350.00 $ - $
EA 300.00 $ - $
EA 200.00 $ - $
EA 300.00 $ - $
EA 800.00 $ - $
SF 3.00 $ - $
SF 5.00 $ - $
LS 325,000.00 $ - $
LS 200,000.00 $ - $
EA 600.00 $ - $
EA 800.00 $ - $
EA 1,500.00 $ - $
EA 1,700.00 $ - $
EA 1,800.00 $ - $
LF 36.00 $ - $
LF 45.00 $ - $
LF 45.00 $ - $
LF 7.00 $ - $
LF 8.00 $ - $
EA 600.00 $ - $
EA 5,500.00 $ - $
EA 25,000.00 $ - $
- $ Total for Traffic Improvements By:
Drawing Number(s):
Video Detection Camera & Processor
Traffic Signal Cabinet (Caltrans 332)
3" Conduit
3" PVC Conduit (for Fiber Optic Cable only)
24 Single Mode Fiber Optic Cable
12 Pair Interconnect Cable
Bike Loops
Type D - 6' Square Loops with bike detection zone
Install Pull Box (#5)
Install Pull Box (#6)
Install Pull Box (#6E)
2" Conduit
Remove Painted Stripes & Pavement Markings
Remove Thermoplastic Stripes & Pavement Markings
Traffic Signal & Lighting - New Installation
Traffic Signal & Lighting - Modification
Type E - 6' Round Signal Loops
Street Name Sign & Post
Stop Sign & Post
Road Sign on existing pole/post (One Post)
Road Sign on existing pole/post (Two Post)
Street Sign (Mast Arm Hanger Method)
Painted Two-Way, Left Turn Lane
Painted Pavement Markings
8" Thermoplastic Channelizing Line
12" Thermoplastic Crosswalk & Limit Line
Thermoplastic Pavement Markings
Traffic Improvements
4" Painted Broken Stripes
4" Painted Double Solid Stripes
6" Painted Bike Lane Stripes
Painted One-Way, No Passing
Estimate of Cost for
Traffic Improvements
Traffic Improvements Page 35 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
MIRACLE WET STAMPED ENGINEERING 1 EA.$450.00 $450.00
MIRACLE FREESTANDING CLIMBERS 1 EA.$8,297.00 $8,297.00
482 CAMEL BACK CLIMBER
434 FLIP-FLOP CLIMBER
7147721 BONGO PERCH
304 TEN SPIN
MIRACLE FITNESS STATIONS 1 EA.$4,104.00 $4,104.00
159001 STEP UP
159016 DIP STATION
159011 CHIN UP
159003 BODY CURL
MIRACLE PLAY SHADE PYRAMID (30 X 30 X 10)2 EA.$6,220.00 $12,440.00 MIRACLE BENCHES AND TABLES 1 L.S.$18,334.00 $18,334.00
MRPQ230Q SQUARE TABLE 46”
MRPQ235Q ADA SQUARE TABLE 46”
MRPQL32 RECEPTACLE POST FLAT LID
MRPQ303Q BENCH CONTEMPORARY
SUBTOTAL $43,625.00
CA SALES TAX 7.75%%$43,625.00 $3,380.94
MIRACLE COMMERCIAL FREIGHT 1 EA.$6,036.51 $6,036.51
UNPACKING, INSTALLATION & SETUP 25%%$43,625.00 $10,906.25 TOTAL $63,948.70
FIBAR FIBAR SYSTEM 2633 S.F.$2.12 $5,574.00
CA SALES TAX 7.75%%$5,574.00 $431.99
FIBAR COMMERCIAL FREIGHT 1 EA.$441.00 $441.00
INSTALLATION 2633 S.F.$3.96 $10,426.68
TOTAL $16,873.67
KAY PARK PET STATION DISPENSER 1 EA.$418.00 $418.00
KAY PARK DOG PARK DOUBLE HOOP JUMP 1 EA.$259.00 $259.00 KAY PARK DOG PARK TUNNEL RUN 1 EA.$998.00 $998.00
SUBTOTAL $1,675.00
CA SALES TAX 7.75%%$1,675.00 $129.81
KAY PARK COMMERCIAL FREIGHT 1 EA.$782.00 $782.00
UNPACKING, INSTALLATION & SETUP 25%%$1,675.00 $418.75
TOTAL $3,005.56
GRAND TOTAL $85,502.93
Miscellaneous Items
Estimate of Cost for
Public Miscellaneous Improvements and Final Monuments
Upland 3 Acres, LP
Sage at Ninth
1337 Bowen Street
Misc Page 36 of 48
LIGHTING BOLLARDS 20 EA.750.00 $ 15,000.00 $ WALLS & FENCING 26,400.00 $
SPLIT FACE BLOCK WALL (TYPE I)237 L.F.- $ - $ Part of Perimeter Wall TUBULAR STEEL FENCE (TYPE III)360 L.F.65.00 $ 23,400.00 $ Park Only TUBULAR STEEL GATE W/ LOCKS (TYPE IV)4 L.F.750.00 $ 3,000.00 $ Park Only PRIOR TOTAL: $44,886.00
PLANTING AND IRRIGATION (REVISED PRICING PER CITY):47,251.21 $ SEE BELOW: Add 15% IRRIGATION 6750 S.F.3.45 $ 23,284.80 $ Reduced from 3.4 Estimated non-prev wage City of LA Cost:3.08 3.45 24" BOX TREES 15 EA.372.62 $ 5,589.36 $ Reduced from 400 Current non-prev wage City of LA Cost:332.7 372.62 1 GAL SHRUB 180 EA.10.70 $ 1,925.28 $ Reduced from 15 Current non-prev wage City of LA Cost:9.55 10.70 5 GAL SHRUB 181 EA.30.89 $ 5,591.02 $ Reduced from 40 Current non-prev wage City of LA Cost:27.58 30.89 WEED ABATEMENT & AMENDMENTS 6750 S.F.0.45 $ 3,037.50 $ FINE GRADING +/- 0.1'6750 S.F.0.50 $ 3,375.00 $ 90 DAY MAINTENANCE 6750 S.F.0.06 $ 398.25 $ 3" THK LAYER BARK MULCH 6750 S.F.0.60 $ 4,050.00 $ CONCRETE (3,773 SF over 2" Sand - see STREET)- $
SECURITY CAMERAS (SHOWN ON PLAN)1 L.S.5,000.00 $ 5,000.00 $ LANDSCAPE ARCHITECT/CIVIL ENGINEER/SURVEY *1 L.S.45,000.00 $ 45,000.00 $ CITY PERMIT FEES (NO FEE PER CITY)1 L.S.- $ - $ City will charge Inspection Fees to alternate Account GENERAL CONTRACTING FEE 5%%217,145.84 $ 10,857.29 $ 5% Each Fee per City discussion PROJECT MANAGEMENT 5%%217,145.84 $ 10,857.29 $ 5% Each Fee per City discussion Total for Miscellaneous Improvements 245,868.72 $
By:
Miscellaneous Drawing Number(s):
Miscellaneous Final Monuments Quantity Unit Price Amount Monumentation per lot (refundable)EA 700.00 $ - $ - $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $ Total for Final Monuments
By:
Final Map Number:
Misc Page 37 of 48
Estimated Cost
1 .Street Improvements 66,736.25 $
2 .Sewer Improvements - $
3 .Water Improvements - $
4 .Drainage Improvements 6,325.00 $
6 .Miscellaneous (REDUCED BY CITY)245,868.72 $
Sub-total 318,929.97 $
10% Contingency 31,893.00 $
Total Bond Amount 350,822.96 $
Faithful Performance (100%)351,000.00 $
Labor and Materials (50%)176,000.00 $
Final Monuments - $
(Cash Deposit required for monuments)
Estimated By:Vince DiDonato and Stephen Ventura.
RCE#:See separate sheets for stamp/signature
Date:10/22/2019
REVISED AMOUNTS:
BOND AMOUNT CALCULATION
CITY OF UPLAND
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE SUMMARY SHEET
Public Improvements
Item Description
Bond amounts will be calculated by the developer's engineer and checked by the Public Works Department.
Inspection fee deposits shall be paid prior to issuance of permit.
Developer: UPLAND 3 ACRES, LP
Project: SAGE @ NINTH STREET
Location: 1337 Bowen Street
Summary (Unlocked)Page 38 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
1160.25 CY 25.00 $ 29,006.25 $
- $
CY (c or f)8.00 $ - $
CY (c -f)3.00 $ - $
LF 66.00 $ - $
LF 70.00 $ - $
LF 110.00 $ - $
3773 SF 10.00 $ 37,730.00 $
SF 16.00 $ - $
LF 53.00 $ - $
LF 55.00 $ - $
LF 70.00 $ - $
SF 16.00 $ - $
LF 16.00 $ - $
EA 4,000.00 $ - $
SF 12.00 $ - $
TON 95.00 $ - $
SF 11.00 $ - $
SF 4.00 $ - $
CY 55.00 $ - $
LF 20.00 $ - $
EA 12,000.00 $ - $
EA 14,000.00 $ - $
LF 110.00 $ - $
LF 10.00 $ - $
SF 3.00 $ - $
LF 10.00 $ - $
EA 900.00 $ - $
EA 300.00 $ - $
LF 2.00 $ - $
SF 35.00 $ - $
EA 3,800.00 $ - $
EA 350.00 $ - $
SF 4.50 $ - $
LF 50.00 $ - $
- $
EA 30,000.00 $ - $
Parkway Landscape and Irrigation
Install Chain Link Fence
Irrigation Backflow Prevention Assembly (w/ enclosure)
Relocate Power Pole
Adjust Water Valve to grade
Sawcut
Decorative Concrete
Underwalk Drain
Parkway Trees
Install Barricades
Remove Barricades
Remove AC Pavement
Remove PCC Curb
Adjust Sewer Manhole to grade
Grind & AC Overlay @ 0.50 inch
Aggregate Base CL II
AC Berm
Street Lights Underground + Trench (Standard Marbelite) Street Lights Underground + Trench (Decorative)
Ribbon/Alley Gutter
Wheelchair Ramp (ADA Compliant)
Drive or Alley Approach
Asphalt Concrete (144 lbs/ft3)
AC Patch-Trench (Match Existing)
PCC Cross Gutter/Spandrel
PCC Curb Only 6"
PCC Curb Only 8"
Rolled Curb
PCC Pavement
(b) Excavate & Export
PCC Curb and Gutter 6"
PCC Curb and Gutter 8"
Rock Curb and Gutter (6-sack mix for curb)
PCC Sidewalk
Street Items
Roadway Excavation
1. Projects with Grading Plan area X 0.50'
2. Projects without Grading Plan road area and
(a) Excavate & Fill
Estimate of Cost for
Public Street Improvements
Street Page 41 of 48
66,736.25 $ Total for Street Improvements
By:
Street Drawing Number(s):
Street Page 42 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
EA 12,000.00 $ - $
EA 20,000.00 $ - $
EA 3,000.00 $ - $
LF 85.00 $ - $
LF 100.00 $ - $
LF 120.00 $ - $
LF 145.00 $ - $
LF 80.00 $ - $
LF 82.00 $ - $
LF 85.00 $ - $
LF 150.00 $ - $
EA 300.00 $ - $
EA 900.00 $ - $
EA 2,500.00 $ - $
Connect to Existing Manhole and Rechannel EA 4,000.00 $ - $ EA 2,500.00 $ - $
EA 600.00 $ - $
EA 9,000.00 $ - $
- $
By:
Sewer Drawing Number(s):
Total for Sewer Improvements
Backflow Device
8-inch x 4-inch Sewer Wye
Grease Interceptor (750 gal. min.)
Concrete Encasement 12-inch
8-inch CIP Mainline
Adjust Cleanout to Grade
Adjust Manhole to Grade
Remove Manhole
8-inch VCP Sewer Mainline
10-inch VCP Sewer
12-inch VCP Sewer
Concrete Encasement 8-inch
Concrete Encasement 10-inch
Sewer Items
Sewer Manholes (48-inch Diameter)
Sewer Drop manholes (48-inch Diameter)
Sewer Cleanouts
6-inch VCP Sewer Laterals
Estimate of Cost for
Public Sewer Improvements
Sewer Page 43 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
LF 120.00 $
EA 2,300.00 $ - $
LF 125.00 $ - $
EA 2,500.00 $ - $
EA 11,000.00 $ - $
EA 6,000.00 $ - $
EA 11,000.00 $ - $
EA 11,000.00 $ - $
EA 4,000.00 $ - $
EA 3,500.00 $ - $
1-inch Water Service EA 2,500.00 $ - $
EA 7,000.00 $ - $
EA 2,000.00 $ - $
EA 1,000.00 $ - $
LF 120.00 $ - $
EA 3,500.00 $ - $
EA 12,000.00 $ - $
EA 8,000.00 $ - $
EA 6,500.00 $ - $
EA 6,500.00 $ - $
EA 5,000.00 $ - $
LF - $
- $ Total for Water Improvements
By:
Water Drawing Number(s):
Blow Off Assembly
Recycled Water Line, Irrigation
Backflow Device
8-inch Fire Service with Vault and Valve
6-inch Fire Service with Vault and Valve
4-inch Fire Service with Vault and Valve
4-inch Modified Blow-Off Assembly
1 1/2-inch Water Service
2-inch Air Vacuum Release Valve
Blind Flange
Relocate Existing Water meter
6-inch Fire Service
6-inch Fire Hydrant Assembly
12-inch Resilent Wedge Gate Valve
Upgrade 4-inch Fire Hydrant Assembly to 6-inch
Relocate 6-inch Fire Hydrant Assembly
2-inch Water Service
Water Items
6-inch Water Main (CML&C)
6-inch Resilent Wedge Gate Valve
8-inch Water Main (CML&C)
8-inch Resilent Wedge Gate Valve
Estimate of Cost for
Public Water Improvements
Water Page 44 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
LF 215.00 $
LF 225.00 $ - $
LF 240.00 $ - $
LF 270.00 $ - $
LF 300.00 $ - $
LF 450.00 $ - $
LF 480.00 $ - $
LF 495.00 $ - $
EA 600.00 $ - $
46 LF 45.00 $ 2,070.00 $
LF 65.00 $ - $
EA 14,000.00 $ - $
EA 23,000.00 $ - $
LF 9,000.00 $ - $
EA 10,000.00 $ - $
EA 12,000.00 $ - $
EA 15,000.00 $ - $
EA 18,000.00 $ - $
EA 25,000.00 $ - $
EA 2,000.00 $ - $
EA 3,000.00 $ - $
EA 3,500.00 $ - $
LF 10.00 $ - $
EA 1,500.00 $ - $
1 EA 2,500.00 $ 2,500.00 $
27 LF 65.00 $ 1,755.00 $
6,325.00 $
By:
Storm Drain Drawing Number(s):
Total for Storm Drain Improvements
18"x18" or 24"x24" Box Inlet
4" x 12" Rectangular Tubing
Concrete Collar
Clean Out
Curb Inlet/Outlet
Bio-Swale
12"x12" Box Inlet
4' Wide Catch Basin and Local Depression
7' Wide Catch Basin and Local Depression
10' Wide Catch Basin and Local Depression
14' Wide Catch Basin and Local Depression
21' Wide Catch Basin and Local Depression
8-inch HDPE
12-inch HDPE
Standard Manhole
Junction Structure (with manhole)
Junction Structure (without manhole)
42-inch RCP
48-inch RCP
54-inch RCP
60-inch RCP
72-inch RCP
Storm Drain Items
18-inch RCP
24-inch RCP
30-inch RCP
36-inch RCP
Estimate of Cost for
Public Storm Drain Improvements
Storm Drain Page 45 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
LF 2.00 $ - $
LF 3.00 $ - $
LF 3.00 $ - $
LF 2.00 $ - $
LF 3.00 $ - $
SF 3.00 $ - $
LF 4.50 $ - $
LF 6.50 $ - $
SF 6.00 $ - $
EA 350.00 $ - $
EA 300.00 $ - $
EA 200.00 $ - $
EA 300.00 $ - $
EA 800.00 $ - $
SF 3.00 $ - $
SF 5.00 $ - $
LS 325,000.00 $ - $
LS 200,000.00 $ - $
EA 600.00 $ - $
EA 800.00 $ - $
EA 1,500.00 $ - $
EA 1,700.00 $ - $
EA 1,800.00 $ - $
LF 36.00 $ - $
LF 45.00 $ - $
LF 45.00 $ - $
LF 7.00 $ - $
LF 8.00 $ - $
EA 600.00 $ - $
EA 5,500.00 $ - $
EA 25,000.00 $ - $
- $ Total for Traffic Improvements By:
Drawing Number(s):
Video Detection Camera & Processor
Traffic Signal Cabinet (Caltrans 332)
3" Conduit
3" PVC Conduit (for Fiber Optic Cable only)
24 Single Mode Fiber Optic Cable
12 Pair Interconnect Cable
Bike Loops
Type D - 6' Square Loops with bike detection zone
Install Pull Box (#5)
Install Pull Box (#6)
Install Pull Box (#6E)
2" Conduit
Remove Painted Stripes & Pavement Markings
Remove Thermoplastic Stripes & Pavement Markings
Traffic Signal & Lighting - New Installation
Traffic Signal & Lighting - Modification
Type E - 6' Round Signal Loops
Street Name Sign & Post
Stop Sign & Post
Road Sign on existing pole/post (One Post)
Road Sign on existing pole/post (Two Post)
Street Sign (Mast Arm Hanger Method)
Painted Two-Way, Left Turn Lane
Painted Pavement Markings
8" Thermoplastic Channelizing Line
12" Thermoplastic Crosswalk & Limit Line
Thermoplastic Pavement Markings
Traffic Improvements
4" Painted Broken Stripes
4" Painted Double Solid Stripes
6" Painted Bike Lane Stripes
Painted One-Way, No Passing
Estimate of Cost for
Traffic Improvements
Traffic Improvements Page 46 of 48
Developer:
Project:
Location:
Quantity Unit Price Amount
MIRACLE WET STAMPED ENGINEERING 1 EA.$450.00 $450.00
MIRACLE FREESTANDING CLIMBERS 1 EA.$8,297.00 $8,297.00
482 CAMEL BACK CLIMBER
434 FLIP-FLOP CLIMBER
7147721 BONGO PERCH
304 TEN SPIN
MIRACLE FITNESS STATIONS 1 EA.$4,104.00 $4,104.00
159001 STEP UP
159016 DIP STATION
159011 CHIN UP
159003 BODY CURL
MIRACLE PLAY SHADE PYRAMID (30 X 30 X 10)2 EA.$6,220.00 $12,440.00 MIRACLE BENCHES AND TABLES 1 L.S.$18,334.00 $18,334.00
MRPQ230Q SQUARE TABLE 46”
MRPQ235Q ADA SQUARE TABLE 46”
MRPQL32 RECEPTACLE POST FLAT LID
MRPQ303Q BENCH CONTEMPORARY
SUBTOTAL $43,625.00
CA SALES TAX 7.75%%$43,625.00 $3,380.94
MIRACLE COMMERCIAL FREIGHT 1 EA.$6,036.51 $6,036.51
UNPACKING, INSTALLATION & SETUP 25%%$43,625.00 $10,906.25 TOTAL $63,948.70
FIBAR FIBAR SYSTEM 2633 S.F.$2.12 $5,574.00
CA SALES TAX 7.75%%$5,574.00 $431.99
FIBAR COMMERCIAL FREIGHT 1 EA.$441.00 $441.00
INSTALLATION 2633 S.F.$3.96 $10,426.68
TOTAL $16,873.67
KAY PARK PET STATION DISPENSER 1 EA.$418.00 $418.00
KAY PARK DOG PARK DOUBLE HOOP JUMP 1 EA.$259.00 $259.00 KAY PARK DOG PARK TUNNEL RUN 1 EA.$998.00 $998.00
SUBTOTAL $1,675.00
CA SALES TAX 7.75%%$1,675.00 $129.81
KAY PARK COMMERCIAL FREIGHT 1 EA.$782.00 $782.00
UNPACKING, INSTALLATION & SETUP 25%%$1,675.00 $418.75
TOTAL $3,005.56
GRAND TOTAL $85,502.93
Miscellaneous Items
Estimate of Cost for
Public Miscellaneous Improvements and Final Monuments
Upland 3 Acres, LP
Sage at Ninth
1337 Bowen Street
Misc Page 47 of 48
LIGHTING BOLLARDS 20 EA.750.00 $ 15,000.00 $ WALLS & FENCING 26,400.00 $
SPLIT FACE BLOCK WALL (TYPE I)237 L.F.- $ - $ Part of Perimeter Wall TUBULAR STEEL FENCE (TYPE III)360 L.F.65.00 $ 23,400.00 $ Park Only TUBULAR STEEL GATE W/ LOCKS (TYPE IV)4 L.F.750.00 $ 3,000.00 $ Park Only PRIOR TOTAL: $44,886.00
PLANTING AND IRRIGATION (REVISED PRICING PER CITY):47,251.21 $ SEE BELOW: Add 15% IRRIGATION 6750 S.F.3.45 $ 23,284.80 $ Reduced from 3.4 Estimated non-prev wage City of LA Cost:3.08 3.45 24" BOX TREES 15 EA.372.62 $ 5,589.36 $ Reduced from 400 Current non-prev wage City of LA Cost:332.7 372.62 1 GAL SHRUB 180 EA.10.70 $ 1,925.28 $ Reduced from 15 Current non-prev wage City of LA Cost:9.55 10.70 5 GAL SHRUB 181 EA.30.89 $ 5,591.02 $ Reduced from 40 Current non-prev wage City of LA Cost:27.58 30.89 WEED ABATEMENT & AMENDMENTS 6750 S.F.0.45 $ 3,037.50 $ FINE GRADING +/- 0.1'6750 S.F.0.50 $ 3,375.00 $ 90 DAY MAINTENANCE 6750 S.F.0.06 $ 398.25 $ 3" THK LAYER BARK MULCH 6750 S.F.0.60 $ 4,050.00 $ CONCRETE (3,773 SF over 2" Sand - see STREET)- $
SECURITY CAMERAS (SHOWN ON PLAN)1 L.S.5,000.00 $ 5,000.00 $ LANDSCAPE ARCHITECT/CIVIL ENGINEER/SURVEY *1 L.S.45,000.00 $ 45,000.00 $ CITY PERMIT FEES (NO FEE PER CITY)1 L.S.- $ - $ City will charge Inspection Fees to alternate Account GENERAL CONTRACTING FEE 5%%217,145.84 $ 10,857.29 $ 5% Each Fee per City discussion PROJECT MANAGEMENT 5%%217,145.84 $ 10,857.29 $ 5% Each Fee per City discussion Total for Miscellaneous Improvements 245,868.72 $
By:
Miscellaneous Drawing Number(s):
Miscellaneous Final Monuments Quantity Unit Price Amount Monumentation per lot (refundable)EA 700.00 $ - $ - $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $ Total for Final Monuments
By:
Final Map Number:
Misc Page 48 of 48
S T A F F R E P O R T
I T E M N O . 10.I.
D A T E :M arch 14 , 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 : M I C H A E L B L A Y, C I T Y M A N A G E R S U B J E C T :A P P R O V A L O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T F O R
L E M O N F E S T I V A L M A N A G E M E N T
R E C O M M E N D E D A C T I O N
I t is recom m end ed t hat th e C i ty C ou n ci l ap p rove th e ag reem en t w i th S ou n d ski lz I n c. to p rod u ce an d m anag e th e L em on Fest ival an d au th orize t he C it y M an ag er to exec u t e the ag reem en t.
G O A L S T A T E M E N T
Th e p rop osed ac ti on su p p orts t he C it y's g oals, ob jec ti ves an d p olicies est ab l ished w it h resp ect to im p lem entin g C ity activities an d even ts.
B A C K G R O U N D
Th e L em on Fes ti val has b een h ost ed in H i st ori c D ow nt ow n Up lan d s in ce 20 09 . I t has b een p rod u ced an d m anag ed b y variou s p arties i n c lu d i n g t he form er M ain S treet I n c , t he L earn in g C en ter at Fairp l ex, an d two d ifferen t C it y d ep artm ent s. I n 2 0 2 0 , Fairp l ex n oti fied t he C ity th at t hey wou ld n ot ren ew the p revious ag reem en t t o m an ag e t h e event. Th e C ity's g oal con tinu es to b e the release of all liab ility an d resp onsib ility of th e event.
I S S U E S /A N A L Y S I S
Th e g oal of p rovid in g t h i s event is t o c eleb rat e the C it y's c it ru s herit ag e an d p rovid e a fam ily friend ly com m u n i ty even t. Th ere are few ven d ors wh o cou ld p rod u c e an even t th e size an d variety of t he U p l and L em on Fest ival . I n 2 01 2, t he form al R F P p roc ess rec eived m in im al in terest from p arties other th an the T he Learning C en ters at Fairp lex. Th e resp on sib ilities in th e p rop osed ag reem ent are eq uivalen t to th e C ity's p revious ag reem en t with Fairp lex.
E arlier t his fis cal year, th e C it y b eg an p u rs u i n g op tion s for th e m an ag em ent of th e Up lan d L em on Fest ival. P rior to eng ag ing in d i scussi on wi th S ou n d ski lz I nc, st aff m et w it h five d ifferen t p arties w ho h ave exp erien ce i n t h e even t p lan n i n g sp ace, i n c lu d i n g m u lt ip le g roup s th at had p reviou sly run events larg er th an th e Up lan d L em on Festival. D iscussions t ook p lace w ith Kevin Lym an G roup (K L B ), Fai rp lex, C &C C oncession s, R K D iversi fied E nt ert ain m en t an d th e form er Fai rp lex L em on Fest ival M an ag er. A ll th e ven d ors t he C it y reach ed ou t t o d eclin ed to su b m it a p rop osal to t h e C it y d u e to lac k of g u aran teed fu n d s, b read th of t h e s cop e of w ork, or an un ease at in d em nifyin g the C ity for the even t.
Th oug h t his ag reem en t exceed s $5 0,0 00 , th e cost to t h e C ity i s $0, as an y p aym en t s to S ou nd skilz wou ld c om e from reven u es received from ru n n in g the fest ival. T herefore, com b ined wi th th e lim ited n u m b er of vend ors th at p rovid e th is service, t h e s hort p eriod of tim e b efore t h e p rop osed U p l and L em on Festival t hi s J u n e, an d i n l ig h t of t he C it y reach in g out to a nu m b er of p oten tial vend ors, the C ity M an ag er is w aiving the form al R F P p rocess for th e s elec ti on of t h i s ven d or in con jun ct ion w it h section 7 G of A d m i ni st rat ive Policy N o. 21 4 over P urch asing .
S ou nd skilz I n c. has ext ensive exp erien ce p rod u c in g event s of this m ag n it u d e an d m u ch larg er in clud in g the H u ntin g ton B each Fourth of J u ly even t d rawing nearly 5 00 ,00 0 p eop le.
P rior C it y C ou ncil's exp ressed th eir d esire for th e p roceed s from th e event to b en efit local n on- p rofit org an i zat ion s. T he g rant s aw ard ed i n c lu d e th e U p l and C om m un it y Fou nd ation, C oop er M u seu m , F riend s of U p land A n im al S hel ter, U p lan d Li on s C l u b , an d U p lan d Rot ary am on g oth ers. A l l of th ese org ani zat ion s use th ese fun d s to su p p ort local p rog ram s b enefiting the Up lan d com m un ity.
F I S C A L I M P A C T S
Th e ag reem en t p lac es th e fin an c ial resp onsib ilit y of p rod ucin g t he even t on S ou n d s kil z I n c.
Th ey w il l b e req u i red t o reim b u rs e t h e C i ty for act ual exp enses, in clud in g services p rovid ed b y th e U p lan d Pol ic e D ep artm en t an d t he S an B ern ard in o C oun ty F ire D ep artm ent b u t exclud in g road closu re b arricad es. Twen ty five p ercen t (2 5%) of t h e n et reven u e, after th e first $50 ,00 0 in net reven ue, will b e p aid to the C ity.
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
Agreement with Soundskils
1 CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 14, 2020 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 Soundskilz Inc., a corporation with its principal place of business at 39444 Calle Portillo, Temecula, CA 92592 (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:
The 2022 Upland Lemon Festival (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.
a. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
b. The City may also utilize Consultant to provide services for other City events in addition to the Project during the term of this Agreement. The scope of services and compensation for other City Events shall be mutually agreed upon between the City and Consultant. Consultant’s services for other City Events shall subject to the remaining terms of this Agreement.
2. Compensation.
a. In no event shall the City pay for services rendered by Consultant under this Agreement. As payment for the services for the Project, Consultant shall retain the first Fifty Thousand Dollars ($50,000) in Net Profits that are generated through the Project. Net Profits generated above this Fifty Thousand Dollar threshold shall be divided between Soundskilz and City as follows: Seventy-Five Percent (75%) to Consultant and Twenty-Five Percent (25%) to City. For the purposes of this Agreement, Net Profits shall mean the amount of revenue remaining after operating costs have been subtracted from the total revenue generated by the Project.
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
2 manner: a letter outlining the changes shall be forwarded to the City by Consultant with a 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. All such records and evidence shall be considered proprietary and confidential, and City agrees not to disclose any information contained therein to any third party without the express written consent of Consultant throughout the term and for a period of two (2) years from the expiration or termination of the Agreement. Notwithstanding the foregoing, Consultant understands and agrees that records may be subject to state and federal laws relating to the release of public records, including, but not limited to the California Public Records Act. In the event that the City receives a Public Records Act request for records deemed proprietary and confidential, City shall provide notice to Consultant of such request and work with Consultant to determine which records are subject to public disclosure.
5. Term
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of fully executed agreement. The entire term of this Agreement will be for a term of five (5 years) starting on the date of approval and ending on March 14, 2027, unless terminated by either Party.
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.
3 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.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
4 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents, and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents, and City designated volunteers additional insured status.
5 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors, or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
6 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location, and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
7 and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents, or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
8 omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. This indemnification clause excludes claims arising from the sole negligence or willful misconduct of the City.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify, and hold the City, its 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 the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered
9 Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
17. Dispute Resolution. In the event of any controversy or claim arising out of or relating to this Agreement, or a breach thereof which is not cured during the term using commercially reasonable efforts with 14 days’ notice of the alleged breach, the Parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within 30 days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one, and the place of arbitration shall be San Bernardino County, CA. California law shall apply, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
18. Termination or Abandonment
a. City may terminate this Agreement for cause by submitting to Consultant, a written notice of termination specifying the reason for termination. Consultant shall have thirty (30) days following receipt of the notice of termination to cure the default. In the event that the default is not cured within that thirty (30) day period, the Agreement shall be terminated. The Parties may, by mutual agreement, amend the timelines set forth herein. In the event of termination, City shall be immediately given joint title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
19. Documents. Except as otherwise provided in “Termination or Abandonment,” above, Consultant shall provide copies to City of all field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement. Such field notes written reports, Drawings
10 and Specifications and other documents produced, or developed for the Project shall be the joint property of the City and Consultant.
20. Organization
Consultant shall assign Steve Clayton as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of t he City.
21. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
22. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager’s Office
CONSULTANT:
Steve Clayton
39444 Calle Portillo
Temecula, CA 92595
and shall be effective upon receipt thereof.
23. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
24. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
25. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations,
11 inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
26. Severability
The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid, or illegal.
27. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
28. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party unless such waiver is specifically specified in writing.
29. Time of Essence
Time is of the essence for each and every provision of this Agreement.
30. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects, provided such consultants are not providing any services competitive in nature to that of Consultant under this Agreement.
31. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND SOUNDSKILZ INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND SOUNDSKILZ INC
By: By:
MICHAEL BLAY
CITY MANAGER Its:
Printed Name:
(Two Signatures of Corporate Officers Required
For Corporations)
By:
Its:
Printed Name:
APPROVED AS TO FORM
By: _______________________
STEPHEN P. DEITSCH
CITY ATTORNEY
ATTEST:
By:
KERI JOHNSON
CITY CLERK
13 EXHIBIT A
Scope of Services
In general, CONTRACTOR will provide or sub-contract the following services. These services are general in nature and are not all-inclusive of the duties and responsibilities of the CONTRACTOR.
▪ Research & Monthly Planning
• Legacy review of prior Project years to ascertain and evaluate best practices, budget history and preferred vendor relationships.
• Conduct surveys of previous Project partners to solicit feedback and identify key success elements.
• Attend and contribute to monthly Project meetings and/or as reasonably requested by City.
▪ Marketing & Sponsorship
• Develop and manage Project omni-channel online/social, OOH and print marketing campaign concepts and fulfillment.
• Review overall Project sponsorship program and recommend strategies and activations to maximize revenue potential.
• Solicit, negotiate, and implement/manage all sponsorship contracts. ▪ Financial Planning
• Develop a comprehensive Project budget.
• Manage all Budget and Scope changes as required to deliver the Project. • Manage, collect, and securely hold all sponsorship, booth sales, donations, food/beverage/merchandise cash receipts collected during the Project, and other forms of revenue.
• Settlement of all Project subcontractor expenses and invoices. • Reconciliation of Project budget(s) and weekly/monthly financial reporting to City as requested.
• Produce a final audit and settlement of all revenues and expenses after the completion of the Project.
S T A F F R E P O R T
I T E M N O . 11.A .
D A T E :M arch 14 , 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 : D A R R E N G O O D M A N , P O L I C E C H I E F
B RY C E M I L A K O V I C H , P O L I C E D E T E C T I V E S U B J E C T :C O N S I D E R A T I O N O F A N O R D I N A N C E TO R E G U L A T E S H O P P I N G
C A R T S A N D A B A T E R E L A T E D N U I S A N C E S
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 that t he C i ty C oun cil hol d first read in g b y ti tl e only, wai ve fu rt h er read in g , and in trod u ce an O rd i n an ce rep ealing U p lan d M u nicip al C od e S ect ion 9 .0 4 .1 0 0 an d ad d in g C h ap ter 9 .62 reg ard in g sh op p in g c art s to c reat e an d i m p lem ent an effect ive p roc ed u re to reg ulate shop p ing carts and ab ate related nu isances.
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 increasin g th e q uality of life in th e C ity of Up lan d .
B A C K G R O U N D
O ver the p ast several years, t he C it y of U p lan d h as ad d ed n u m erou s b u si n es ses in variou s sh op p in g c ent ers throug hou t t he C ity. M any of th ese n ew b usin esses are larg e ret ail stores, and they offer cu stom ers sh op p in g carts to p urch ase b elong in g s insid e the store.
Un fortun ately, an in crease in th ese l arg e b u si nesses has c reat ed a rise i n ab and oned sh op p in g carts b locking sid ewalks, road ways, p arks, an d other p u b lic areas th rou g h out th e C ity, creatin g a safety hazard for w alkers, jog g ers, b ic ycl is ts , an d veh icles. T his als o c reat es b lig h t th rou g h out th e C it y an d is a p u b l ic n u i san ce. Th e fact th at sh op p in g carts h ave b een con tinu ally foun d in an d aroun d t h e C i ty sh ow s m an y of th e b usin esses are n ot su p ervisin g th eir sh op p in g carts, an d m any b usin esses are not retrievin g the shop p ing carts at the en d of th e b u siness d ay.
I n ad d it ion , cu st om ers h ave b ec om e accustom ed to taking sh op p in g c art s off t h e b u siness p rem ises. Peop l e are un aut horized t o rem ove s h op p i n g carts from b u s in ess p rem ises, as the
action con st it u t es a violation of B us in ess an d P rofes si on s C od e 22 43 5.2 . A ft er th ese sh op p in g carts are taken off the b u siness p rem ises, m any of these carts are left ab and oned throug hou t th e C ity.
I S S U E S /A N A L Y S I S
Th is ord i n an ce req u ires b us in ess es t o est ab lish a “C art C on t ain m en t P lan ” to red u ce the nu m b er of ab and oned sh op p in g carts in the C ity. Th ese req u irem en ts in clud e p rovid in g w ritten n ot ic e and est ab lishing p osted s ig n s as a n otice to c u s tom ers th at rem oving sh op p in g carts from th e b usin ess p rem ises is u nlaw ful. U nd er th is m un icip al cod e, the b u sinesses shall estab lish sp ecific p hysical m easu res th at w ill h elp p revent and d et er p eop l e from takin g sh op p in g carts off th e b u si nes s p rem ises. B usin esses shall ad h ere t o two of the fou r req uirem ents in the m u nicip al cod e, w hich inclu d e estab lishing m ech anical wh eel locks, d esig natin g one or m ore em p l oyees to d et er cu st om ers from t akin g sh op p in g carts off the b u siness p rem i ses , p revent in g sh op p in g cart s from b eing t aken off th e b u si ness p rem ises un less accom p anied b y an em p loyee of the b u siness, and req u irin g security d ep osits for cu stom ers u sing sh op p in g carts.
Th is ord inan ce w ill help red uce the nu m b er of shop p ing carts b eing taken off the b u siness p rem ises. Th e U p lan d Poli ce D ep art m en t has att em p ted to cu rb th is p ractice b y takin g enforcem ent act ion on p eop le p urp osely t akin g sh op p in g c art s off th e b u si ness p rem is es for violating th e B u si n es s an d P rofession s C od e 2 24 35 .2. D es p i te th is, m an y viol ators have skirted th e law b y s im p l y taki ng th e p lac ard off th e c art . I f the p l acard i s taken off th e cart, th e cart m ay n ot b e i d en ti fied as b elon g ing to a p art ic u l ar st ore. Th is ord inan ce allow s enforcem ent of p eop le taki n g sh op p in g carts ou tsid e t h e b u si n es s p rem ises so lon g as carts can b e id en tified an d th e b usin ess d esires p rosecu tion. Th is ord inan ce also req u ires b u sinesses to estab lish two areas of b usin ess nam e id entification on the shop p ing cart. T his w ill m ake it easi er for p ers on n el t o i d en ti fy ow nersh ip of t h es e carts even if th e p l acard s are p u rp osely rem oved .
F I S C A L I M P A C T S
A s p rop os ed , th e n ew ord in ance w il l have a p os it ive fiscal im p ac t as C od e E nforcem ent , P ub lic Works, an d Police O fficers w ill sp en d less tim e d ealing w ith ab and oned sh op p in g carts. I t is b elieved th e n ew ord i n an ce w il l also red u ce calls for servic e relat ed to sh op p in g carts an d sh ould resu lt in b u d g et savin g s.
N o ad d ition al ap p rop riation s are necessary as a result of this ord inan ce.
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
Shopping Cart Regulation Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UPLAND, REPEALING UPLAND MUNICIPAL
CODE SECTION 9.04.100 AND ADDING CHAPTER
9.62 REGARDING SHOPPING CARTS TO CREATE
AND IMPLEMENT AN EFFECTIVE PROCEDURE TO
REGULATE SHOPPING CARTS AND ABATE RELATED
NUISANCES
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Upland (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws; and WHEREAS, the City has seen a proliferation of public nuisances related to removed and abandoned shopping carts, including, but not limited to, increased visual blight and interference with pedestrian and vehicular traffic; and WHEREAS, the City now desires to add Upland Municipal Code (“UMC”) chapter 9.62 to create and implement an effective procedure to regulate shopping carts and abate related nuisances, and thereby, help protect the health and safety of City residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. UMC section 9.04.100 (Identification Of Shopping Cart owners) is hereby repealed in its entirety.
Section 2. UMC chapter 9.62 (Shopping Carts) is hereby added, and is to read in its entirety as follows:
Chapter 9.62
SHOPPING
CARTS
Sections:
9.62.010 Purpose
9.62.020 Declaration of Public Nuisance
9.62.030 Definitions
9.62.040 Administration
9.62.050 Cart Identification
9.62.060 Removal of Carts Prohibited
9.62.070 Cart Containment Plan
9.62.080 Cart Retrieval Plan
Ordinance No.
9.62.090 Notification and Removal of Abandoned Carts
9.62.100 Enforcement
9.62.010 Purpose
This Ordinance is intended to ensure that measures are taken by Owners of Carts and businesses that provide Carts to its customers to prevent those Carts from being removed from the Owner's Premises, to make removal of any Cart a violation of this Code, and to facilitate the retrieval of any abandoned Cart in a manner consistent with State law.
9.62.020 Declaration of Public Nuisance
The City has determined that the unauthorized removal of Carts from Business Establishments and their subsequent abandonment on public and private properties creates visual blight and potential hazards to the health, safety, and welfare of the public, interferes with pedestrian and vehicular traffic, constitutes a public nuisance, and shall be subject to abatement in the manner set forth in this Chapter or in any other manner provided by law.
9.62.030 Definitions
For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
A. “Business Establishment” means and includes any business that provides or makes available Carts for and used by customers.
B. “Cart” means a basket that has been mounted on wheels or a similar device generally used in a Business Establishment by a customer for the purpose of transporting goods of any kind. A "Cart" also includes a Laundry Cart and a shopping cart.
C. “City Manager’s Designee” means and includes the City Manager or the person designated by the City Manager to fulfill the responsibilities required by this Chapter.
D. “Enforcement Official” means and includes any City employee or agent of the City authorized by this Code, the City Council, or the City Manager to enforce any provision of this Code.
E. “Laundry Cart” means a basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.
F. “Owner” means any person who, in connection with the conduct of a Business Establishment, owns, rightfully possesses, or makes any Cart
Ordinance No.
available to patrons and the public. Owner shall include the Owner's agent or authorized representative.
G. “Parking Area” means a parking lot or other property provided by a Business Establishment for the use of customers for parking of customer vehicles. The parking area of a Business Establishment located in a multi- store complex or shopping center includes the entire parking area used by the multi- store complex or shopping center.
H. “Person” means any natural person, business,
organization,
corporation, or other legal entity.
I. “Premises” means any building, property, or other area upon which any Business Establishment is conducted or operated in the City and includes the Parking Area and where the Business Establishment’s Carts are permitted.
J. “Responsible Party” or “Responsible Parties” means and includes any of the following:
1. Any person or entity that causes, maintains, permits, or allows a violation of this Code.
2. Any person or entity that owns, possesses, or controls any parcel of real property in the City upon which a violation of this Code is maintained.
3. Any trustee of any trust that holds legal title to any parcel of real property in the City upon which a violation of this Code is maintained.
4. Any person or entity that owns, possesses, operates, manages, or controls any business within the City that is responsible for causing or maintaining a violation of this Code.
9.62.040 Administration
The City Manager’s Designee shall have the authority to promulgate and or adopt written regulations to implement the provisions of this Chapter.
9.62.050 Cart Identification
A. Each Cart owned or provided by a Business Establishment in the City shall have a cart identification sign permanently affixed to it and which, at a minimum, contains all of the following information:
1. The identity of the Owner of the Cart or the name of the Business Establishment, or both.
Ordinance No.
2. Notification to the public of the procedures to be utilized for authorized removal of the Cart from the Premises of
the Business Establishment.
3. Notification to the public that the unauthorized removal of the Cart from the Premises of the Business Establishment, or the unauthorized possession of the Cart, is a violation of State and local law.
4. The address for returning a Cart removed from the Premises to the Owner and the phone number to contact the Owner or report the location of the Cart.
B. Every Cart Owner shall continuously maintain or cause to be maintained the cart identification sign so that all of the required information is accurate and clearly legible.
C. Each Cart owned or provided by a Business Establishment shall have the name of the Owner of the Cart or the name of the Business Establishment permanently affixed to at least two separate parts of the Cart.
9.62.060 Removal of Carts Prohibited
A. It is unlawful for any person (other than a Cart Owner or its authorized representative) to either temporarily or permanently remove a Cart from the Premises of an Owner's Business Establishment, unless the Cart Owner authorizes its removal in writing.
B. It is unlawful to be in possession of a Cart that has been removed from the Premises of a Business Establishment unless it is in the process of being immediately returned to the Owner.
C. This Section does not apply to Carts that are removed for the purpose of repair or maintenance.
9.62.070 Cart Containment Plan
Every Owner that provides carts to customers for use on the Premises of a Business Establishment shall develop and implement a written cart containment plan to prevent the unauthorized removal of such Carts from the Premises. The cart containment plan shall be provided to the City upon request and at a minimum include the following elements:
A. Written notice shall be provided to customers that the removal of Carts from the premises is prohibited and a violation of State and local law.
B. Signs shall be placed in pertinent and highly visible locations near all exit doors and near parking lot exits used by business patrons warning customers that Cart removal is prohibited and a violation of State and local
Ordinance No.
law. Every Owner of the Business Establishment shall continuously maintain or cause to be maintained such signs so that all of the required information is accurate and clearly legible.
C. Specific physical measures shall be implemented to prevent, deter, or impede the removal of Carts from the Premises. These measures shall include at least two of, but are not limited to, the following:
1. Mechanical disabling devices, including wheel locks, installed and maintained on all Carts.
2. Having one or more designated employees assigned the responsibility to deter or stop customers from removing Carts from the Premises.
3. Preventing Carts from being taken outside of the confines of the business unless accompanied by an employee of the
business.
4. Requiring security deposits by customers for Cart use.
D. All Carts located on the Premises of a Business Establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day, returned to an approved cart containment area, and secured in a manner that prevents removal until the commencement of the next business day.
E. All Carts located on the Premises of a Business Establishment that is open for business 24 hours a day, other than Carts that are currently in use, shall be collected and returned to approved cart containment areas at least once per calendar day.
F. The Owner of the Business Establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees on the requirements of the Business Establishment's cart containment plan and the provisions of State and local laws prohibiting the unauthorized removal of Carts from the Premises of the Business Establishment.
9.62.080 Cart Retrieval Plan
Every Business Establishment that provides Carts for customer use shall develop, implement, and carry out a specific retrieval plan to recover Carts removed from the Premises. The cart retrieval plan shall be provided to the City upon request and at a minimum include the following elements with a description of how the elements will be implemented:
Ordinance No.
A. The Owner of the Business Establishment shall provide retrieval personnel assigned to the retrieval of lost, stolen, or abandoned Carts. This can include licensed independent cart retrieval services.
B. The Owner of the Business Establishment shall provide retrieval personnel in sufficient number to assure all public streets, sidewalks, bus stops, and parks within a two miles radius of the Business Premises are patrolled and all Carts retrieved no less than once every 24 hours.
C. The Owner of the Business Establishment shall provide a written report the City Manager’s Designee on the tenth day of every month specifying the number of Carts retrieved by retrieval personnel during the prior month.
D. The Owner of the Business Establishment shall provide the City Manager’s Designee with a contact phone number to report abandoned Carts. This phone number shall be available seven days a week.
E. If notified by an Enforcement Official, the Owner of the Business Establishment shall ensure that any abandoned Cart is removed within 24 hours of the notification.
9.62.090 Notification and Removal of Abandoned Carts
A. In accordance with California Business and Professions Code section 22435.7, the City shall notify the Owner of any abandoned Cart (that has affixed to it the cart identification required by Section 9.62.050(A)) if the City intends to remove the Cart from public or private property or impound such Cart.
B. Carts without the cart identification affixed to it as required by Section 9.62.050(A) may be removed from street, sidewalks, and other public locations immediately by the City and any Enforcement Official. Such Carts may be destroyed.
9.62.100 Enforcement
A. Any violation of this Chapter is hereby declared to be unlawful and a public nuisance.
B. Any party who engages in a violation of this Chapter, or who owns, possesses, controls, or has charge of any parcel of real property or business in the City upon which a violation of this Chapter is maintained, shall be subject to the penalties and remedies provided by this Section.
C. Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.
D. Each Cart in violation of this Chapter shall constitute a separate offense.
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E. Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and up to six months imprisonment per offense.
F. Whenever an Enforcement Official determines that a violation of this Chapter has occurred, the Enforcement Official shall have the authority to issue an administrative citation to each Responsible Party for that violation.
The maximum corresponding administrative fine imposed shall be $100 for the first offense, $200 for the second offense within 12 hours, $500 for the third offense within 12 hours, and $1,000 for each subsequent offense within 12 hours. Any Enforcement Official shall be authorized to enforce this Subsection by any means authorized by law, including, but not limited to the following, zip-tying, tagging, photographing, and documenting location of Carts.
G. These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City including, but not limited to, those provided in Chapter 1.20 of this Code.
SECTION 4. Compliance with California Environmental Quality Act. The Upland City Council (“City Council”) finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 6. Effective Date. This Ordinance shall become effective 30 days from its adoption.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.
Ordinance No.
PASSED, APPROVED, and ADOPTED this th day of , 2022.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the th day of , 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the th day of
, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
S T A F F R E P O R T
I T E M N O . 13.A .
D A T E :M arch 14 , 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 : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :C O N S I D E R A T I O N O F C H A N G E S TO T H E P L A N N I N G
C O M M I S S I O N E R A P P O I N T M E N T P R O C E S S
R E C O M M E N D E D A C T I O N
I t is rec om m end ed t h at the C it y C ou ncil p rovid e d i rec ti on to staff reg ard i ng th e ap p ointm en t p rocess for th e P lann in g C om m ission.
G O A L S T A T E M E N T
Th e p rop os ed act ion sup p orts th e C it y's g oal t o b e tran sp aren t i n th e ad m inistration of al l C ity affairs.
B A C K G R O U N D
At th e m eet in g on Feb ru ary 2 8, 2 02 2 th e C i ty C oun cil req u es ted st aff b rin g th is it em b efore th e C ou n c il for d iscu ssion an d review of t he P lann in g C om m is si on ap p oin tm ent p rocess an d p ossib le ap p oin tm ent b y D istrict.
Th ere are several fac tors g u i d i n g the ap p oint m en t p rocess of P l an n in g C om m is si on ers. Up lan d M u nicip al C od e S ect ion 2 .16 .02 0 s tat es th at th e M ayor shal l ap p oin t C om m is si on ers and they w ill serve a fou r year term . Resolu tion N o. 6 60 8 estab lish es the interview p rocess. T he Resolution d esig n ates the M ayor, M ayor P ro Tem , P lann in g C om m ission C hair, and the D evelop m en t S ervices D irect or (ad vis ory) to serve as th e in terview p an el for ap p li can ts . T he in terview p an el th en rec om m en d s at least on e cand id ate to th e M ayor. A d d itionally G overn m en t C od e S ection 40 60 5 d esig n ates t he elec ted M ayor as th e offi cer th at sh all m ake all ap p oin tm en t s to b oard s, com m issions, an d c om m it tees u nl ess ot herw ise sp ecifically p rovid ed b y st atu te. T h e M ayor's ap p oin tm ent th en req u ires rati fic ati on b y th e fu l l C ity C ou ncil.
I n J u ly 20 19 the C it y C oun ci l review ed t h e P l ann in g C om m ission ap p oin tm en t p rocess an d con sid ered an ap p ointm en t b y D istrict req ui rem ent . At that ti m e th e C ou nc il chose to m ove forward wi th t he existing ap p oin tm en t p roc ess , b ut req u es ted t hat the i n t ervi ew p anel g ive con sid eration to h avin g rep resen tat ion on t he C om m ission from each D is tric t. S in ce t hat tim e th ere h ave b een four ap p oin tm ents to th e P lann in g C om m ission, on e from each D istrict.
I S S U E S /A N A L Y S I S
Th e P lan ning C om m is si on is m ad e u p of seven C om m ission ers. T he tab le b elow sh ow s the D istricts th at each C om m is si on er resi d es i n and if they w i ll c h an g e D is tric ts b ased on the recent ad op tion of O rd in ance N o. 19 58 wh ic h ad ju st s th e b ou n d aries of C i ty C ou n c il E lection D istricts.
C o mmissio ner C urrent D istrict N ew D istrict
2022
T erm
E xpires
A nd erson 2 2 20 22
A sp in all 2 1 20 22
C ald w ell 2 2 20 24
G rahn 4 2 20 24
J ohn son 4 4 20 25
M ayer 3 4 20 23
S him 1 1 20 23
Th e C it y C lerk's offi ce p osted a n oti ce of up com in g vacan ci es in D ecem b er 2 02 1 an d b eg an recru itin g for ap p licants i n Feb ruary. Th e recruitm ent p roces s in clud es p ub li sh in g in form ation in th e Up lan d Tod ay, C ity D ep artm ent N ew s, C ity H all electronic m arq uee m essag e b oard , C ity w eb site, and soc ial m ed i a. T he C it y C lerk's offic e rec eived t hree ap p li cat ion s for t he P lann in g C om m ission d u ri n g t hat tim e an d curren tly h as a tot al of 15 ap p lications on fil e sp ecifi cal ly for th e P lann in g C om m ission. T he 1 5 ap p lications are b roken d own b y D istrict as follows:
D istrict 1 - 5 ap p lications
D istrict 2 - 7 ap p lications
D istrict 3 - 1 ap p lication
D istrict 4 - 2 ap p lications
S h ould th e C ou ncil c h oos e to chan g e th e select ion p roc ess for P l an n in g C om m issi oners it w ould req u ire th at staff revise Res olu ti on N o. 66 08 an d p os si b l y t he U p l and M u n i ci p al C od e; and b rin g it b ack at a future d ate for C oun cil ap p roval.
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
Upland M unicipal Code 2.06.020
Resolution No. 6608 - P age 13 (P lanning Commission)
Government Code 40605
Upland M unicipal Code 17.43.030
State of California
GOVERNMENT CODE
Section 40605
40605. In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.
(Added by Stats. 1971, Ch. 781.)
S T A F F R E P O R T
I T E M N O . 13.B .
D A T E :M arch 14 , 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
LO N D A B O C K-H E L M S, C PA , F I N A N C E O F F I C E R
D O U G A N D E R S O N , C O N S U LTA N T
S U B J E C T :I S S U A N C E O F S P E C I A L TA X B O N D S F O R C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O. 2 01 5-1 (S Y C A M O R E H I L L S ), I M P R O V E M E N T A R E A N O. 2
R E C O M M E N D E D A C T I O N
I t is recom m end ed that th e C ity C oun cil, acting as the leg islative b od y of C om m u nity Facilities D is tric t N o. 2 01 5-1 (Sycam ore H il ls ) ad op t a Resolu tion to au th ori ze t he issuan ce of th e D is tric t's S p eci al Tax B on d s , S eri es 20 22 (I m p rovem en t A rea N o. 2 ), an d ap p rove certain d ocum ents an d take certain other action s in conn ection th erewith .
G O A L S T A T E M E N T
Th e p rop osed action sup p orts th e C ity’s g oal of p rovid in g soun d fiscal steward ship an d p rovid in g d ec en t h ou si n g , a su it ab l e li vin g en vironm ent , and exp an d ed econ om ic op p ortun ities for citizens.
B A C K G R O U N D
C om m u nity Facil it ies D is tric t N o. 20 15 -1 (th e “D is tric t”) w as form ed an d estab lish ed b y the C ity on N ovem b er 2 3, 2 01 5 foll ow in g a p u b l ic h eari ng b y th e C it y C oun cil, as leg islative b od y of t h e D i st ri ct , an d a lan d own er el ect ion w hi ch aut horized t he incurren ce of b ond ed in d eb ted ness an d ap p roved the levy of sp ecial taxes.
I n J u ly of 2 01 9, th e C it y, ac ti n g on b ehal f of th e D ist rict , issued $5,3 15 ,00 0 of S eries A b on d s, an d $3,8 45 ,00 0 of (taxab le) S eri es B b on d s for I m p rovem en t A rea N o. 1 of the D istrict. I m p rovem ent A rea N o. 2 of t he D is tric t is au th ori zed to issu e b ond s in an ag g reg ate p rin cip al am ou nt not to exceed $14 ,00 0,0 00 .
I S S U E S /A N A L Y S I S
I m p rovem en t A rea 2 of th e C ity of U p lan d C F D N o. 20 15 -1 is com p ris ed of 1 76 t otal un it s, of w hich 8 3 un it s are 2 & 3 st ory tow nh om es an d 93 u n i ts are d et ach ed town hom es on clu ster lots known as M on tara at Sycam ore H il ls . A s of Feb ruary 2 3, 2 02 2, 83 l ots w ere ow n ed b y in d ivid ual h om eown ers, an d the rem ain in g 93 lots w ere ow n ed b y th e b ui ld er, K B H om e C oastal I n c.
Th e p rop osed S p ecial Tax B on d s (t he “2 02 2 B on d s ”) w ill b e i ss ued to fin an c e certain p ub lic im p rovem en ts an d certai n d evelop m en t im p act fees of th e C it y of U p land relat in g to p ub lic facility im p rovem en ts serving p rop erty with in I m p rovem ent A rea N o. 2 of th e D istrict, fu nd a reserve fun d , and p ay for b ond i ss u an ce cos ts . Th e s p ec ial t axes w il l b e levi ed b y th e D istrict and col lec ted b y th e S an B ernard ino C ou n ty Treasu rer-Tax C ol lec tor on taxab le p arcel s w ithin I m p rovem en t A rea N o. 2 of t h e D ist rict i n t he sam e m an ner an d at t h e sam e ti m e as ad valorem p rop ert y taxes . T he rep aym en t of p ri nc ip al an d in terest on t h e 20 22 B on d s w il l b e secured solely b y the sp eci al taxes levied w it hi n I m p rovem en t A rea N o. 2 of t he D is tric t an d w ill n ot b e a d eb t of the C ity's G eneral F un d .
Th e 2 02 2 B on d s wi ll have a 30 -year t erm and w ill b e i ss u ed in two series (S eries A on a tax- exem p t b asis, an d S eries B on a taxab le b asis) with a total estim ated p rincip al am ou nt of ap p roxim ately $9,1 35 ,00 0.
I n fu rtherance of S ection V I I I of th e C ity’s L and S ecu red F in ancin g Policy, d eb t service on the 20 22 B on d s w ill b e st ru ct ured s o th at t h e ann ual sp ecial t axes (less an am ou n t of $20 ,00 0 for th e D i st ri ct ’s an nu al ad m in is trati ve exp en ses an d b ased on th e m axim u m sp eci al taxes authorized i n th e form at ion p roc eed i ng s for I m p rovem en t A rea N o. 2 ) are p rojected to p rovid e 11 0 p ercent d eb t service coverag e for the 2 02 2 B ond s in all years. T he final rep aym en t sched ule w il l b e d et erm in ed w h en t h e 20 22 B on d s are p rices and final interest rates are d eterm in ed , wh ich i s exp ected to occur b y th e first w eek of A p ril 2 02 2. Th e est im ated closin g d ate and d istrib u tion of p roceed s w ould occu r b y th e th ird week of A p ril 20 22 .
S u m m ary of D ocum ents
1. P relim inary O ffi ci al S tatem en t-this is th e D i st ri ct 's offering d ocu m en t that wi ll b e p resen ted t o p ot ent ial i n ves tors i n the 20 22 B on d s an d i nclu d es i n form at ion ab ou t the C ity an d t h e D istrict as w ell as a sum m ary of th e term s an d p aym en t ob lig ations of the D istrict for t he 20 22 B on d s an d d isclosure to in vest ors ab out th e risks of in vest in g in the 20 22 B ond s. Th e fi nal i n t eres t rates an d term s w ill b e inserted after t h e 2 02 2 B on d s are p riced .
2. B on d I nd ent ure-th is d ocu m en t d efin es th e p aym ent term s an d con d itions, and fu nd s and accou nt s of t h e 2 02 2 B on d s wh ic h will b e ad m i n i st ered b y th e Tru st ee, U.S. B ank Trust C om p an y, N .A ., on b ehalf of th e D i st ri ct , in clud in g th e d eb t s ervi ce Reserve A ccou nt.
3. B on d P urch ase A g reem en t-this d ocu m en t p rovid es th e term s and con d itions b y wh ich th e U n d erwrit er, H i ll top S ecurit ies I n c ., wi ll p u rchase th e 2 02 2 B ond s. Th e fin al interest rates an d term s will b e inserted after the 2 02 2 B ond s are p riced .
4. C on tinu in g D isclosure A g reem en t -th is ag reem ent d efi nes th e C ity's ob l ig ati on t o p rovid e ann ual up d ates of inform ation related to the D istrict and th e sp ecial tax reven ues, for the b en efit of th e B on d h old ers and oth er interested p arties, p ursu ant to fed eral reg ulations.
F I S C A L I M P A C T S
Th e p rop osed 20 22 B ond s will b e lim ited ob li g at ion s of th e C ity p ayab le solely from the sp ecial taxes c oll ect ed in I m p rovem en t A rea N o. 2 of th e D i st ri ct , an d wi ll n ot b e a d eb t of the C ity’s G en eral F u nd . A ll c ost s of is su an c e on t he 2 02 2 B on d s will b e p ai d from n et b on d p roceed s.
Th e foll ow in g are t he g ood fait h es ti m at es (as of Feb ru ary 22 , 20 22 ) from t he C ity's un d erw riter and fin ancial ad visor p u rssu ant to S B 4 50 :
(A ) T he tru e in terest cost of the B ond s is estim ated at 3.6 % p er ann um . (B ) Th e fin ance c h arg e of t he B on d s (i.e., th e s u m of all fees and ch arg es p ai d t o th ird p arties) is estim ated to b e $32 5,4 63 .
(C ) P roceed s from t h e sal e of th e B ond s, less t h e fin an c e c h arg e of t he B on d s d escrib ed in item (B ) an d an y reserves or cap italized in terest p ai d or fu nd ed wi th p roceed s of th e B ond s, are estim ated to b e $8,4 13 ,56 0.
(D ) Th e t otal p aym en t am ou n t (i .e., th e su m tot al of al l d eb t servic e p aym en ts on t h e B ond s) is estim ated to b e $1 5,5 02 ,40 9.
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
Resolution
Preliminary Official Statement
Bond Indenture
Bond Purchase Agreement
Continuing Disclosure Agreement
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, ACTING AS LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SYCAMORE HILLS) OF THE CITY OF UPLAND, TO
AUTHORIZE THE ISSUANCE OF THE DISTRICT’S SPECIAL
TAX BONDS, SERIES 2022 (IMPROVEMENT AREA NO. 2),
AND APPROVING CERTAIN DOCUMENTS AND TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, In 2015, the City Council (the “City Council”, and hereinafter sometimes referred to also as the “legislative body of the District”) of the City of Upland, California (the “City”), has heretofore undertaken proceedings and declared the necessity of Community Facilities District No. 2015-1 (Sycamore Hills) of the City of Upland, County of San Bernardino, State of California (the “District”) to issue bonds with respect to Improvement Area No. 2 designated therein, pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS Based upon Resolution Nos. 6308 and 6310 adopted by the legislative body of the District on November 23, 2015, an election held on November 23, 2015 authorizing the levy of a special tax and the issuance of bonds by Improvement Area No. 2 of the District, an election held on March 26, 2018 approving an amended and restated rate and method of apportionment of the special tax for Improvement Area No. 2, and Resolution No. 6437 adopted by the legislative body of the District on March 26, 2018, Improvement Area No. 2 of the District is authorized to issue bonds for one or more series, pursuant to the Act, in an aggregate principal amount not to exceed $14,000,000; and
WHEREAS At this time, the legislative body of the District desires to issue all or a portion of such authorized bonds for Improvement Area No. 2 of the District under the Act to finance certain public facilities which Improvement Area No. 2 of the District is authorized to finance, and the District desires to accomplish the financing of such public facilities necessary to meet the increased demands placed upon the public infrastructure and the City as a result of the development of the property within Improvement Area No. 2 of the District, including development impact fees therefor, through the issuance of bonds up to an aggregate principal amount not to exceed $11,000,000 to be designated as the “Community Facilities District No. 2015-1 (Sycamore Hills) of the City of Upland, County of San Bernardino, State of California, Special Tax Bonds, Series 2022 (Improvement Area No. 2)” (the “Bonds”); and WHEREAS In order to effect the issuance of the Bonds, the City Council, as the legislative body of the District, desires to approve the form of a Preliminary Official Statement for the Bonds and to approve the forms of, and authorize the execution and delivery of, a Bond Indenture, a Bond Purchase Agreement, and a Continuing Disclosure Agreement for the Bonds, the forms of which are on file with the City Clerk; and
Resolution No.
WHEREAS The legislative body of the District has determined that it is prudent in the management of its fiscal affairs to issue the Bonds; and WHEREAS The value of the real property in Improvement Area No. 2 of the District subject to the special tax to pay debt service on the Bonds is not less than three times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area No. 2 of the District, which fact is required as a precondition to the issuance of the Bonds; and WHEREAS On June 26, 2017, the City Council approved a local debt policy (the “Local Debt Policy”) in furtherance of Section 8855(i) of the California Government Code, as amended by SB 1029, enacted as Chapter 307, Statutes of 2016; and
WHEREAS On October 11, 2021, the City Council, acting as the legislative body of the District, authorized the commencement of document preparation for the issuance of the Bonds by City staff and the District’s financing team, consisting of Urban Futures, Inc., as municipal advisor; Richards, Watson & Gershon, A Professional Corporation (“Bond Counsel”), as bond counsel and disclosure counsel; Willdan Financial Services, as special tax consultant; Kitty Siino & Associates, Inc., as appraiser; and Hilltop Securities Inc. (the “Underwriter”), as underwriter; and WHEREAS In accordance with Section 5852.1 of the Government Code of the State of California, as amended by SB 450, enacted as Chapter 625, Statutes of 2017, the City has obtained from its Municipal Advisor the required good faith estimates, and such estimates are disclosed and set forth the staff report submitted herewith.
NOW, THEREFORE, the City Council of the City of Upland, Acting as the Legislative Body of the Community Facilities District No. 2015-1 (Sycamore Hills) of the City of Upland, County of San Bernardino, State of California, hereby finds, determines and resolves as follows:
Section 1. The above recitals, and each of them, are true and correct.
Section 2. The legislative body of the District hereby determines that (a) the Local Debt Policy is consistent with the requirements of Government Code Section 8855(i), and (b) the proposed Bonds to be issued in accordance with the parameters set forth in this Resolution are consistent with the Local Debt Policy.
Section 3. The legislative body of the District hereby finds and determines that, as determined in accordance with Section 53345.8 of the Act and as required by the Land Secured Financing Policy, the value of the real property in Improvement Area No. 2 of the District subject to the special tax to pay debt service on the Bonds is not less than three times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area No. 2 of the District. This determination is based on an appraisal prepared for the District with respect to the real property within Improvement Area No. 2 of the District, which appraisal has been made in a manner consistent with the Land Secured
Resolution No.
Financing Policy, as further described in the Preliminary Official Statement (as defined in Section 8 below).
Section 4. The issuance of the Bonds in an aggregate principal amount not to exceed $11,000,000 is hereby authorized, with the exact principal amount of the Bonds to be determined by the official signing the Bond Purchase Agreement in accordance with Section 7 below. The Bonds may be issued as a single issue, or as separate series, as determined by Bond Counsel to comply with applicable tax law.
The legislative body of the District hereby determines that it is prudent in the management of its fiscal affairs to issue the Bonds. The Bonds shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Agreement to be executed by the District in accordance with Section 7 hereof. The Bonds shall be governed by the terms and conditions of the Bond Indenture presented at this meeting, on file with the City Clerk and incorporated herein by reference (the “Indenture”). The Indenture shall be executed by any one of the Mayor of the City of Upland (the “Mayor”), or in the absence of the Mayor, the Mayor Pro Tem of the City of Upland (the “Mayor Pro Tem”), or by the City Manager of the City of Upland (the “City Manager”), or in the absence of the City Manager, the Assistant City Manager of the City of Upland (the “Assistant City Manager”, and collectively with the Mayor, the Mayor Pro Tem, and the City Manager, the “Authorized Officers”), acting singly, in substantially the form presented at this meeting, with such additions thereto and changes therein as may be approved by such officer upon consultation with Bond Counsel. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Indenture by any one of the Authorized Officers. The date or dates, maturity or maturities, pledge or assignment of any revenues of Improvement Area No. 2 of the District to the repayment of the Bonds, the manner of investment of any bond proceeds and other revenues, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption, rebate provisions, funds designated to pay the costs of issuance of the Bonds, and other terms of the Bonds shall be as provided in the Indenture as finally executed and shall be in conformance with any such terms set forth in the Bond Purchase Agreement described in Section 7 below and Official Statement described in Section 8 below and delivered to the purchasers of the Bonds. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Indenture.
Section 5. The Bonds shall be executed on behalf of the District by the manual or facsimile signature of the Mayor and attested with the manual or facsimile signature of the City Clerk, and the seal of the District or the City of Upland, or a facsimile thereof, may be impressed or imprinted thereon. U.S. Bank Trust Company, National Association, is hereby appointed to act as trustee for the Bonds.
Section 6. Pursuant to Section 53356.1 of the Act, the legislative body of the District hereby covenants, for the benefit of the Bond owners, to commence and diligently pursue any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of interest or principal of the Bonds, such foreclosure action to be commenced and pursued as more completely set forth in the Indenture.
Resolution No.
Section 7. The form of the Bond Purchase Agreement by and between the District and the Underwriter presented at this meeting, on file with the City Clerk and incorporated herein by reference (the “Bond Purchase Agreement”), is hereby approved, and any one of the Authorized Officers is hereby authorized to execute the Bond Purchase Agreement in substantially the form hereby approved, with such additions thereto and changes therein as may be approved by such officer upon consultation with Bond Counsel. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement; provided, however, that the Bond Purchase Agreement shall be signed only if the Bonds are purchased by the Underwriter at an overall interest rate that does not exceed 4.75% per annum for the issue as a whole (calculated utilizing the true interest cost method) and the discount paid to the Underwriter (exclusive of original issue discount) does not exceed, as applicable, 1.25% of the principal amount of a tax-exempt series of the Bonds or 1.50% of the principal amount of a taxable series of the Bonds. The legislative body of the District hereby finds and determines, pursuant to Section 53360.4 of the Act, that the sale of the Bonds at a negotiated sale to the Underwriter, as contemplated by the Bond Purchase Agreement, will result in a lower overall cost than a public sale. Each of the Authorized Officers is authorized to determine the day on which the Bonds are to be priced in order to attempt to produce the lowest borrowing cost for the District and may reject any terms presented by the Underwriter if determined not to be in the best interest of the District.
Section 8. The form of the Preliminary Official Statement presented at this meeting, on file with the City Clerk and incorporated herein by reference (the “Preliminary Official Statement”) is hereby approved, and the Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Bonds in substantially the form hereby approved, together with such additions thereto and changes therein as are determined necessary by any one of the Authorized Officers, upon consultation with Bond Counsel and Disclosure Counsel, to make the Preliminary Official Statement final as of its date for purposes of Rule 15c2- 12 promulgated under the Securities Exchange Act of 1934 of the Securities and Exchange Commission, including, but not limited to, such additions and changes as are necessary to make all information set forth therein accurate and not misleading.
Each of the Authorized Officers is hereby authorized to execute a final Official Statement in substantially the form of the Preliminary Official Statement, together with such changes as are determined necessary by the Authorized Officer executing the Official Statement, upon consultation with Bond Counsel, to make such Official Statement complete and accurate as of its date. The Underwriter is further authorized to distribute the final Official Statement for the Bonds and any supplement thereto to the purchasers thereof upon its execution on behalf of the District as described above.
Section 9. The form of the Continuing Disclosure Agreement presented at this meeting, on file with the City Clerk and incorporated herein by reference (the “Continuing Disclosure Agreement”), is hereby approved, and any one of the Authorized Officers is hereby authorized and directed to execute the Continuing Disclosure Agreement in substantially the form hereby approved, with such additions thereto and changes therein as may be approved by such officer upon consultation
Resolution No.
with Bond Counsel, with such approval to be conclusively evidenced by the execution and delivery of the Continuing Disclosure Agreement.
Section 10. All actions heretofore taken by the Mayor, the Mayor Pro Tem, the City Manager, the Assistant City Manager, the Development Services Director, the Finance Officer, the Public Works Director, and other officers and agents of the City of Upland and the District with respect to the issuance and sale of the Bonds, or in connection with or related to any of the agreements or documents referenced herein are hereby approved, confirmed, and ratified. The Mayor, each of the Authorized Officers, the Development Services Director, the Finance Officer, the Public Works Director, and other officers and staff of the City of Upland and the District responsible for the fiscal affairs of the District are hereby authorized and directed to take any actions, and execute and deliver any and all documents as are necessary to accomplish (a) the issuance, sale and delivery of the Bonds in accordance with the provisions of this Resolution, (b) the transactions contemplated by the Indenture, the Bond Purchase Agreement, and the Continuing Disclosure Agreement, and (c) the fulfillment of the purposes of the Bonds as described in the Indenture, including, but not limited to, providing certificates as to the accuracy of any information relating to the District which is included in the Official Statement.
Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk.
Section 11. This Resolution shall take effect immediately upon its adoption.
Section 12. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 14th day of March 2022.
____________________________________
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 14th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
RWG Draft 3/2/2022
PRELIMINARY OFFICIAL STATEMENT DATED ___ , 2022
NEW ISSUE – BOOK ENTRY ONLY NOT RATED
In the opinion of Richards, Watson & Gershon, A Professional Corporation, Bond Counsel, under existing law (i) assuming continuing compliance with certain covenants and the accuracy of certain representations, interest on the Tax-Exempt Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum t ax, and (ii) interest on the Bonds is exempt from State of California personal income taxes. Interest on the Tax-Exempt Bonds may be subject to certain federal income taxes imposed only on certain corporations. Bond Counsel expresses no opinion as to any other tax consequence s regarding the Bonds. INTEREST ON THE TAXABLE BONDS IS NOT EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES. For a more complete discussion of the tax aspects, see “TAX MATTERS” herein. $[$5,025,000]*
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SYCAMORE HILLS)
OF THE CITY OF UPLAND, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA
SPECIAL TAX BONDS
SERIES 2022A (IMPROVEMENT AREA NO. 2)
$[$4,110,000]*
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SYCAMORE HILLS)
OF THE CITY OF UPLAND, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA
SPECIAL TAX BONDS
TAXABLE SERIES 2022B (IMPROVEMENT AREA NO. 2)
Dated: Date of Delivery Due: September 1, as set forth on the inside front cover This cover page contains certain information for general reference only. It is not inten ded to be a summary of the security or terms of the Bonds. Investors are advised to read the entire Official Statement to obtain information essential to the making of a n informed investment decision. Attention is hereby directed to certain risk factors more fully described herein. See “RISK FACTORS” herein.
The above-captioned Series 2022A Bonds (the “Series 2022A Bonds” or the “Tax-Exempt Bonds”) and the Taxable Series 2022B Bonds (the “Series 2022B Bonds” or the “Taxable Bonds”, and together with the Series 2022A Bonds/Tax-Exempt Bonds, the “Bonds”) are being issued by the Communities Facilities District No. 2015-1 (Sycamore Hills) of the City of Upland, County of San Bernardino, State of California (the “District”) pursuant to a Bond Indenture, dated as of [March] 1, 2022 (the “Indenture”), by and between the District and U.S.
Bank Trust Company, National Association, as Trustee (the “Trustee”). Proceeds of the Bonds will be used to (i) finance certain public facility improvements necessary to serve or mitigate impacts of the development within Improvement Area No. 2 of the District, including development impact fees therefore, (ii) fund a reserve account, and (iii) pay costs of issuance of the Bonds. See “ESTIMATED SOURCES AND USES OF FUNDS.” The Bonds will be payable solely from and secured by Net Taxes and certain moneys in the Special Tax Fund (and designated accounts therein, but excluding the Administrative Expenses Account) established under the Indenture, as further described herein. Net Taxes are derived from certain special taxes levied on property within Improvement Area No. 2 of the District (the “Special Taxes”) according to the rate and method of apportionment of special taxes approved by qualified electors of Improvement Area No. 2 and the City Council of the City of Upland, acting as the legislative body of the District. See “SECURITY FOR THE BONDS” herein.
Interest on the Bonds is payable on March 1 and September 1 of each year, commencing [September] 1, 2022. The Bonds will be issued in fully registered form and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trus t Company, New York, New York (“DTC”). DTC will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in book-entry form only, in denominations of $5,000 each or any integral multiple thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. Principal of, and interest on, the Bonds will be paid directly to DTC by the Trustee. Upon its receipt of payments of principal and interest, DTC is in turn obligated to remit such principal and interest to DTC participants for sub sequent disbursement to the beneficial owners of the Bonds. See “THE BONDS – Book-Entry Only System” and “APPENDIX F – BOOK-ENTRY ONLY SYSTEM” herein.
The Bonds are subject to optional redemption,* mandatory sinking fund redemption* and extraordinary redemption prior to their maturity, as described herein. See “THE BONDS – Redemption” herein.
THE BONDS ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE SOLELY FROM NET TAXES AND CERTAIN
MONEYS ON DEPOSIT IN THE SPECIAL TAX FUND (AND DESIGNATED ACCOUNTS THEREIN BUT EXCLUDING THE ADMINISTRATIVE EXPENSES ACCOUNT) PLEDGED UNDER THE INDENTURE. NEITHER THE FULL FAITH AND CREDIT
NOR THE GENERAL TAXING POWER OF THE CITY, THE COUNTY OF SAN BERNARDINO, THE STATE OF CALIFORNIA, OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE BONDS. EXCEPT FOR THE PORTION OF
THE SPECIAL TAXES THAT CONSTITUTE NET TAXES UNDER THE INDENTURE, NO OTHER TAXES ARE PLEDGED TO THE PAYMENT OF THE BONDS.
Maturity Schedule
(see inside front cover page)
The Bonds are offered when, as and if issued, subject to the approval as to their legality by Richards, Watson & Gershon, Los Angeles, California, as Bond Counsel. Certain legal matters will also be passed on for the District by Richards, Watson & Gershon, Los Angeles, California, as Disclosure Counsel. Certain legal matters will be passed on for the Underwriter by its counsel, Nixon Peabody LLP, Los Angeles, California. It is anticipated that the Bonds will be available for delivery in book-entry form through the facilities of DTC on or about ___, 2022.
Dated: _____, 2022
* Preliminary, subject to change.
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