Agenda packet — Upland City Council, June 13, 2022 (part 1 of 8)

UPLAND CITY COUNCIL
AGENDA
June 13, 2022
City Council Chamber

BILL VELTO, MAYOR

SHANNAN MAUST, MAYOR PRO TEM

JANICE ELLIOTT, COUNCILMEMBER
CARLOS A. GARCIA, COUNCILMEMBER

RUDY ZUNIGA, COUNCILMEMBER

MICHAEL BLAY, CITY MANAGER
STEPHEN P. DEITSCH, CITY ATTORNEY

DISRUPTION OF MEETINGS
Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.

1.CALL TO ORDER AND ROLL CALL

2.ADDITIONS-DELETIONS TO AGENDA

3.ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.

4.CLOSED SESSION None
** * * * * * * * * **
7:00 PM

5.IN VOC ATION
Dr. Greg Brown, Pastor/Missionary

6.PL EDGE OF ALLEGIA NCE

7.PR ESENTATIONS
Recognition of Upland High School CIF Division 2 State Champion Boys' Volleyball Team
Recognition of Police Department Employees

8.CITY ATTOR NEY

9.OR AL COM MUNIC ATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged.

However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.

10.CON SENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.

A.APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of May 23, 2022. (Staff Person: Keri Johnson)
B.2ND READING OF ORDINANCE 1962 AMENDING, ADDING,

REPEALI NG, AND REPLA CING VA RIOUS SECTI ONS OF THE UPLA ND

MUN ICIPAL CODE
Hold second reading by number and title only, waive further reading, and adopt Ordinance No. 1962 amending, adding, repealing, and replacing various sections of the Upland Municipal Code as specified. (Staff Person:

Keri Johnson)
C.2ND READING OF ORDINANCE 1963 AMENDING THE UPLA ND

MUN ICIPAL CODE REGARDING SIDEWALK VENDING
Hold second reading by number and title only, waive further reading, and adopt Ordinance No. 1963 adding Upland Municipal Code Section 5.76.110 regulating sale of food, goods, and merchandise creating a health and safety danger to help protect the City's community. (Staff Person:

Marcelo Blanco)

D.REAPPOINTMENT AND APPOINTMENT TO THE PLANNING

COMMISSION
Ratify the Mayor's reappointment of Robin Aspinall and appointment of Brian Staton to the Planning Commission, terms effective July 1, 2022 through June 30, 2026. (Staff Person: Keri Johnson)
E.REAPPOINTMENTS TO THE LIBRARY BOARD
Ratify the reappointments of Ralph Cavallo and Lynn Olson to the Library Board, terms effective July 1, 2022 to June 30, 2025. (Staff Person: Keri Johnson)
F.APPROVE A TEMPORARY TERM AMENDMENT TO AN AGREEMENT WITH

HDL COMPANIES FOR BUSINESS LICENSE OPERATIONS

MANAGEMENT
Approve a temporary term amendment to extend the original agreement with HdL Companies (HdL) to provide the City with business license operations consulting services for an additional three months; and authorize the City Manager to execute the amendment. (Staff Person:

Stephen Parker)
G.APPROVE AN AMENDMENT TO AN AGREEMENT WITH LEW EDWARDS

GROUP FOR COMMUNICATIONS SERVICES
Approve Amendment No. 1 to extend the original agreement with Lew Edwards Group to provide the City with communications services through October 31, 2022, and authorize the City Manager to execute the amendment. (Staff Person: Stephen Parker)
H.FISCAL YEAR 2021-22 BUDGET ADJUSTMENT
Amend the adopted operating budget for Fiscal Year 2021-2022 to correctly record the budget for previously-approved Council actions. (Staff Person: Stephen Parker)
I.APPROVAL OF MAY WARRANT AND PAYROLL REGISTERS
Approve the May Warrant Registers (check numbers 38985-39241) and Direct Disbursements totaling $12,668,613.32 and Payroll Registers totaling $1,366,125.08 (check numbers 162316-162335 and Electronic Fund Transfers 33938-34423). (Staff Person: Stephen Parker) J.CONSIDER APPROVAL OF A CONTRACT FOR THE PROCUREMENT OF

GLASS DOORS/WINDOWS AT MAGNOLIA RECREATION CENTER
Approve a contract for the procurement and replacement of glass doors and windows at the Magnolia Recreation Center in the amount of $56,317.53 (cost plus 10% contingency); and authorize the City Manager to execute the contract. (Staff Person: Stephen Parker) K.2017 JUSTICE ASSISTANCE GRANT (JAG)
Accept the City's share of the 2017 Justice Assistance Grant award in the amount of $13,719 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; and authorize the City Manager to execute an agreement with San Bernardino County. (Staff Person:

Marcelo Blanco)
L.ACCEPTANCE OF GRANT REVIEW COMMITTEE RECOMMENDATIONS

RELATIVE TO ELIGIBLE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDED COMMERCIAL REHABILITATION PROGRAM
Accept the Grant Review Committee’s recommendation relative to eligibility and funding for the following Commercial Rehabilitation Program participants: Independent Order of Odd Fellows located at 233 N. Second Avenue, Omo Mercado located at 259-B E. Arrow Highway and Mitchell’s Building located at 376 N. Second Avenue and Pro-Five Brewing Co.

located at 1 05 E . A S treet. (S taff Person : Rob ert D alq u est) M .C O N S I D E R A P P R O V A L O F A F O U R T H A M E N D M E N T TO T H E 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 A N N E A LTA G R O U P, I N C .

A p p rove t he Fou rth A m end m en t to t he ag reem en t for c on s u l tan t services to exten d th e c on t rac t on e year wi th A n n ealt a G rou p , I n c. an d authorize th e C it y M an ag er t o execu te th e Fourth A m en d m ent . (S taff Person :

Rob ert D alq u est)
N .C O N S I D E R 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 W I T H I N T E R W E S T C O N S U LT I N G G R O U P, I N C .

A p p rove th e P rofession al S ervices A g reem ent w ith I nterwest C onsulting G rou p , I n c. an d aut horize th e C it y M an ag er t o execu te th e A g reem ent. (S taff Person: Rob ert D alq uest)
O.R E V I E W O F D R A F T R E S TA T E D S O L I D W A S T E A G R E E M E N T Receive for fu t u re con si d erati on a d raft restat ed solid waste ag reem ent. (S taff Person: B rad en Yu )

11.P U B L I C H E A R I N G S
A .A N N U A L W E E D A B A T E M E N T P R O G R A M Th e C ity C oun ci l wi ll cond uct a p ub li c h eari n g to con sid er any an d all ob jections or p rotests to d eclarin g certain w eed s, rub b ish , refuse, an d d irt in t h e streets an d p ri vate p rop erty wi th in th e C it y to b e p ub li c n uisan ces and p rovi d i n g for the ab at em en t of such n u is an c es. (S taff Pers on : Rob ert D alq uest)
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 )A p p rove th e n on -c om p li an c e l is t p l us t he ad d ition al fee of $27 8.0 0 p u rsu an t to Resolu tion N o. 6 63 7 ad op ted on Feb ru ary 2 8, 2 02 2.

B.P U R C H A S E A N D S A L E A G R E E M E N T TO S E L L A 65 0 S Q U A R E F O OT

P O RT I O N O F A C I T Y-O W N E D LOT W I T H A S S E S S O R 'S PA R C E L N U M B E R 10 46 -59 2-2 4
Th e C it y C ou ncil w ill con d u ct a p u b lic h eari n g to consid er a p u rchase and sale ag reem ent t o s ell a 6 50 s q u are foot p ort ion of a p arcel (t he “L ot”) with A P N : 1 04 6-5 92 -24 (d eem ed “exem p t surp lus l an d ”) to th e ow ner of con tig u ous lan d at 10 1 N . 2 nd Aven ue i n U p lan d , w it h A P N 1 04 6-5 92 -23 . (S taff Person: Rob ert D alq uest)
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 )C on sid er an y p rotests and ad op t a Resolution ; wh ich ap p roves a P u rchase an d S ale A g reem en t (“P S A”) to sell a 6 50 sq uare foot p ortion of a p arcel (th e “L ot”) w ith A P N : 1 04 6-5 92 -24 (d eem ed “exem p t su rp lu s lan d ”) to the ow ner of c ont ig uou s land at 10 1 N . 2n d Avenu e in Up lan d , with A P N 10 46 -59 2-2 3

12.C O U N C I L C O M M I T T E E R E P O R T S
A .E C O N O M I C D E V E LO P M E N T C O M M I TT E E M E E T I N G , J U N E 6 , 20 22 Th e C om m it tee C hairp erson will rep ort on th e m eeti n g . T h i s i s an in form ation item only.

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

A G R E E M E N T S W I T H V A R I O U S E M P LOY E E A S S O C I A T I O N S, A

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

N O N -R E P R E S E N T E D E M P LOY E E S, A N D R E S O L U T I O N S A M E N D I N G T H E

C O M P E N S A T I O N A N D B E N E F I T P L A N F O R E X E C U T I V E A N D PA R T T I M E

E M P LOY E E S
I t i s recom m en d ed th at t he C it y C ou ncil take th e foll ow in g acti ons. (S taff Person: S tep hen Parker)

1. 1. A d op t a Resol ut ion ap p rovi n g a m em orand um of u nd erstan d ing w ith the U p land Police O fficers A ssociations (U P O A );

2. A d op t a Resol ut ion ap p rovi n g a m em orand um of u nd erstan d ing w ith the U p land Police M anag em en t A ssociations (U P M A );

3. A d op t a Resol ut ion ap p rovi n g a m em orand um of u nd erstan d ing w ith th e U p land M id -M an ag em ent E m p loyees A ssociation (U M M E A );

4. A d op t a Resol ut ion ap p rovi n g a m em orand um of u nd erstan d ing w ith the U p land C ity E m p loyees A ssociation (U C E A );

5. A d op t a Resolu tion es tab li sh in g th e C om p en sat ion an d B en efit P lan for N on-Rep resented /C onfid en tial E m p loyees;

6. A d op t a Resolu ti on am end in g th e C om p en sat ion and B en efit P lan for E xecu tive E m p loyees

7. A d op t a Resol ut ion am en d in g the salary sc hed ul e for p art-tim e em p loyees
B.P R O P O S E D A N N U A L B U D G E T F O R F I S C A L Y E A R 2 02 2-2 02 3 A N D

R E L A T E D I T E M S
I t i s recom m en d ed th at t he C it y C ou ncil take th e foll ow in g acti ons. (S taff Person: S tep hen Parker)

1. A p p rove a Resol u t ion ad op tin g t he F is cal Year 20 22 -20 23 A nn ual B u d g et; an d

2. A p p rove a Resol u t ion ap p roving t h e ap p rop riat ion s li m i t for t h e C ity of Up lan d ; an d

3. A p p rove a Resolution ap p roving th e G eneral F un d Reserve Policy; and

4. A p p rove am en d i n g t h e C i ty’s C las si fic ati on P lan to in clud e job d escrip tions for A ccou ntant, B u d g et C oord inator, E xec ut ive A ssistant I , Park Rang er, an d Recreation C oord inator.

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, J un e 27 , 20 22 N O T E : I f yo u cha l l e ng e t h e p u b l i c h e a ri ng (s ) o r t he re l a t e d e nvi ro nm e n t a l d e t e rm i na t i o ns i n co u rt , yo u m a y b e l i m i t e d t o ra i s i n g o nl y t h o s e i s s ue s yo u o r s o m e o n e e l s e ra i s e d a t t h e p ub l i c h e a ri ng d e s cri b e d i n t h i s no t i ce , o r i n w ri t t e n co rre s p o nd e nce d e l i ve re d t o t he C i t y o f U p l a nd , a t , o r p ri o r t o , t he p ub l i c he a ri n g .

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

I n co m p l i a n ce w i t h t h e A m e ri ca n s w i t h D i s a b i l i t i e s A ct , i f yo u n e e d s p e ci a l a s s i s t a nce t o p a rt i ci p a t e i n t hi s m e e t i n g , p l e a s e co n t a ct t h e C i t y C l e rk's O f f i ce , 931-4 1 2 0 . N o t i f i ca t i o n 48 h o u rs p ri o r t o t h e m e e t i n g w i l l e n a b l e t he C i t y t o m a ke re a s o n a b l e a rra n g e m e n t s t o e n s ure a cce s s i b i l i t y t o t h i s me e t i ng . [2 8 C F R 3 5 .1 0 2 -35.104 A D A T i t l e I I ] P O S T I N G S T A T E M E N T : O n J une 8, 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.

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titles and duties, and current policies or procedures.
•Revisions to the UMC regarding the schedule of fees and service charges. The fees were originally listed in the UMC instead of the City's master fee schedule. This revision does not alter any fees, but merely updates the UMC to reference the City's master fee schedule, instead of listing each fee individually in the UMC. The City's master fee schedule is adopted by resolution and includes a detailed list of regulations, products, or services.
•Amending Chapter 3.48 of the Upland Municipal Code to more accurately reflect current practices relating to school construction fees.
•Revising the sections regarding municipal park hours and prohibited parking, as requested by the Upland Police Department.

All proposed revisions are included in a redline attachment for ease of reference.

FISCAL IM PACTS
The fiscal impact is limited to the publication of the Ordinance summaries and codification of the Ordinance into the Upland Municipal Code. These costs have been included in the City Clerk budget and no additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENTS:

Ordinance

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ORDINANCE NO. 1962

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA AMENDING, ADDING, REPEALING,

AND REPLACING VARIOUS SECTIONS OF THE UPLAND

MUNICIPAL CODE AS SPECIFIED

WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the laws of the State or the United States; and

WHEREAS, City Staff conducted a review of the Upland Municipal Code in order to ensure that the Upland Municipal Code remains consistent with current law and City practice; and

WHEREAS, City staff and the City Attorney have reviewed the Upland Municipal Code and have determined that certain updates to the Upland Municipal Code should be implemented; and

WHEREAS, the proposed revisions are detailed in the Staff Report and indicated in the redline document provided to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. Addition of Section 1.08.030. Section 1.08.030 of Chapter 1.08 of Title 1 of the Upland Municipal Code is hereby added to read as follows:

“Section 1.08.030 Use of City Seal, City Logos, City Flag.

It shall be unlawful for any person to make or use the City seal, City logos (any logos, past or present, including department specific logos), or City flag of the City of Upland deceptively, fraudulently, or without express consent from the City Manager of Upland. Unauthorized use of the City seal, City logos, or City flag is declared a public nuisance and the City can abate or enjoin such use.”

Section 3. Amendment of Section 2.04.100. Section 2.04.100 of Chapter

2.04 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“Section 2.04.100 Power of appointment and removal.

It shall be the duty of the city manager to, and he or she shall, appoint, remove, promote, demote, and discipline any and all officers and employees of the city, except the city treasurer and city attorney, unless otherwise prescribed by this code. (Prior code § 2310.100)”

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Ordinance No. 1962

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Section 4. Amendment of Section 2.36.030. Section 2.36.030 of Chapter

2.36 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“Section 2.36.030 Human Resources/Risk Manager.

The city manager shall appoint a Human Resources/Risk Manager whose duty it shall be to act in the capacity of administrator of the personnel system. The Human Resources/Risk Manager shall:

A. Attend all meetings of the board of review;
B. Administer all provisions of this chapter and the rules established hereunder, not specifically reserved to the council, city manager or board of review;
C. Under the direction of the city manager, prepare rules and revisions and amendments thereof, for the consideration of the council. (Prior code § 2350.3)”

Section 5. Amendment of Section 2.36.070. Section 2.36.070 of Chapter

2.36 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“2.36.070 Authority of the city manager and/or designee(s) within the merit system.

The city manager and/or designee(s) having the authority to make transfers, promotions, demotions, reinstatements, lay-offs, salary reductions, salary adjustments, and to appoint, suspend or discharge employees, and to formulate rules shall retain such power, subject to the provisions of this chapter and the rules established hereunder, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment in order that city employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service. (Prior code § 2350.7)”

Section 6. Amendment of Section 2.36.080. Section 2.36.080 of Chapter

2.36 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

”2.36.080 Equal employment opportunity.

In compliance with the California Fair Employment and Housing Act and other state and federal fair employment practice provisions, the city prohibits discrimination based on race, religious creed, color, national origin, ancestry, disability (mental and physical), marital status, sex, gender, sexual orientation, gender identity, gender expression, medical condition, genetic information, military, or veteran status and/or age. Any person possessing all the minimum qualifications for a position shall be eligible to participate in any examination hereunder. These provisions, however, shall always be subject to

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Ordinance No. 1962

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any bona fide occupational qualifications. (Ord. 1812 § 1(B), 2006; prior code § 2350.8)”

Section 7. Amendment of Section 2.36.110. Section 2.36.110 of Chapter

2.36 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“2.36.110 Probationary period.

A. All original and promotional appointments shall be subject to a minimum probationary period of 12 months for all management, professional, technical, miscellaneous, and sworn police personnel above the rank of police officer and all original appointments for police officer shall be subject to a minimum probationary period of 15 months during which the employee may be rejected at any time without right of appeal or hearing in any manner. Employees rejected during a promotional probationary period shall be reinstated to the classification from which they were promoted, provided the employee previously held permanent status in the classification, unless charges are filed and they are discharged as provided in this chapter and the rules.

B. Employees in the competitive service who are promoted or transferred to a position not included in the competitive service shall be reinstated to their former classification if within 12 months action is taken to dismiss them, unless charges are filed and they are discharged in the manner provided in this chapter and the rules established hereunder for positions in their competitive service. (Prior code § 2350.11)”

Section 8. Amendment of Section 3.40.040. Section 3.40.040 of Chapter

3.40 of Title 3 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“3.40.040 Schedule of fees and service charges.

The city manager, finance director and each city department head, under the direction of the city manager, shall review the city’s master fee schedule on an annual basis, and will recommend to the city council the fee or charge schedule necessary so as to recover the costs reasonably borne to provide regulations, products or services.

The schedule of frequency of rate adjustments may be varied by the city council to adjust revenues sufficient to meet debt service coverage requirements of any bond, certificate, or ordinance, resolution, indenture, contract, or action under which securities have been issued by the city which contain any coverage factor requirement. Fees for newly established regulations, products or services shall be set to recover all costs reasonably borne. (Prior code § 2960.4)”

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Ordinance No. 1962

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Section 9. Amendment of Section 3.40.060. Section 3.40.060 of Chapter

3.40 of Title 3 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“3.40.060 Economic analysis process structure.

City staff shall be responsible to perform the analysis and present recommendations to the city council as provided for in Section 3.40.050. (Ord. 1812 § 1(B), 2006; prior code § 2960.6)”

Section 10. Amendment of Section 3.40.070. Section 3.40.070 of Chapter

3.40 of Title 3 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“3.40.070 Procedure.

Upon the city manager’s recommendation of the necessary fees and charges made pursuant to Section 3.40.040, the city manager shall forward a report to the city council. Upon receiving the report, the city council shall set a public hearing to hear oral and written presentations concerning fees and charges proposed. (Ord. 1812 § 1(B), 2006; prior code § 2960.7)”

Section 11. Amendment of Section 3.48.010. Section 3.48.010 of Chapter

3.48 of Title 3 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“3.48.010 Payment of fees, charges and other requirements against a development project.

The City of Upland shall comply with California Education Code section 17620 as it relates to any applicable development impact fees from the Upland Unified School District. (Prior code § 8111.010)”

Section 12. Repeal Section 3.48.020 of Chapter 3.48 of Title 3 of the Upland Municipal Code.

Section 3.48.020 of Chapter 3.48 of Title 3 of the Upland Municipal Code is hereby repealed in its entirety.

Section 13. Repeal Section 3.48.030 of Chapter 3.48 of Title 3 of the Upland Municipal Code.

Section 3.48.030 of Chapter 3.48 of Title 3 of the Upland Municipal Code is hereby repealed in its entirety.

Section 14. Repeal Section 3.48.040 of Chapter 3.48 of Title 3 of the Upland Municipal Code.

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Ordinance No. 1962

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Section 3.48.040 of Chapter 3.48 of Title 3 of the Upland Municipal Code is hereby repealed in its entirety.

Section 15. Amendment of Section 9.04.090. Section 9.04.090 of Chapter

9.04 of Title 9 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“Section 9.04.090 Closing hours for Upland municipal parks.

All municipal parks in the city will be closed beginning at sunset until sunrise the following morning. Any person that remains in a municipal park during closing hours shall be guilty of a misdemeanor. This section shall not apply to attendance at city-authorized community activities in the park. (Ord. 1934 § 3, 2019; Ord. 1920 § 1, 2017; prior code § 4210.28)”

Section 16. Addition of Section 10.08.150(e). Section 10.08.150(e) of Chapter 10.08 of Title 10 of the Upland Municipal Code is hereby added to read as follows:

“(e) A “commercial vehicle” means any vehicle which is not meant for ordinary passenger use common to residential use. A “commercial trailer” includes any trailer used or maintained for compensation, or profit or designed, used, or maintained primarily for the transportation of property. Passenger buses shall be considered commercial vehicles regardless of weight. “Commercial equipment” means any equipment not ordinary to residential use.”

Section 17. Amendment of Section 10.36.050. Section 10.36.050 of Chapter

10.36 of Title 10 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“10.36.050 Use of streets for storage of vehicles prohibited.

A. No person shall park, leave standing, or store upon any publicly maintained highway, street, alley or other place open for vehicular travel, any vehicle, as defined in Vehicle Code § 670, for more than 72 consecutive hours.

A vehicle shall be considered to be parked, left standing, or stored in violation of this section if it has not been moved more than two-tenths of a mile (1,056 feet) within 72 consecutive hours. A vehicle may be found to be in violation of this section whether occupied or not.

B. In the event a vehicle is found to be in violation of subsection A of this section, the vehicle may be removed as provided in Vehicle Code § 22651, or any successor provision thereto.”

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Ordinance No. 1962

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Section 18. Amendment of Section 10.40.040. Section 10.40.040 of Chapter

10.40 of Title 10 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“10.40.040 Parking prohibited or limited.

Whenever authorized signs are in place giving notice thereof, it shall be unlawful for any person to stop or stand or park any vehicle for a period in excess of the parking time limit indicated by such sign.”

Section 19. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to 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) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 20. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 21. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 22. 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 of Upland, pursuant to all legal requirements.

PASSED, APPROVED, AND ADOPTED this 13th day of June, 2022.

Bill Velto, Mayor

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Ordinance No. 1962

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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 23rd day of May, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 13th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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ORDINANCE NO. 1963

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, ADDING UPLAND MUNICIPAL CODE
SECTION 5.76.110 REGULATING SALE OF FOOD, GOODS,

AND MERCHANDISE CREATING A HEALTH AND SAFETY
DANGER TO HELP PROTECT THE CITY’S COMMUNITY

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, Senate Bill number 946, including Government Code section 51038, authorizes the City to regulate sidewalk vending to help protect public health and safety; and

WHEREAS, the City has previously adopted Upland Municipal Code (“UMC”) chapter 5.76 to regulate sidewalk vending within the City; and

WHEREAS, the City now desires to add UMC section 5.76.110 to more effectively regulate sale of food, goods, and merchandise creating a health and safety danger, and thereby, better help protect the City’s community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. UMC section 5.76.110 (Health and Safety) is hereby added, and is to read in its entirety as follows:

5.76.110 Health and Safety
A. The City may temporarily detain food, goods, and merchandise that are displayed, offered, or made available for rent or sale by any person creating a health and safety danger.

B. No person shall retrieve detained materials without
demonstrating proper proof of ownership and signing an agreement to comply with all applicable laws when engaging in sidewalk vending activities.

C. The City may dispose of food and food products that are displayed, offered, or made available for sale by any person operating without all required approvals from the San Bernardino County department of public health.

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Ordinance No. 1963

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D. These remedies are cumulative, and in addition to any other remedies available to the City by law or equity. including, but not limited to, those provided in Chapter 1.20 of this Code.

Section 3. 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 4. 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 5. Effective Date. This Ordinance shall become effective 30 days from its adoption.

Section 6. 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.

PASSED, APPROVED, and ADOPTED this 13th day of June, 2022.

Bill Velto, Mayor

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Ordinance No. 1963

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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 23rd day of May 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 13th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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

D A T E :J u ne 1 3, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : 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 :R E A P P O I N T M E N T A N D A P P O I N T M E N T TO T H E P L A N N I N G

C O M M I S S 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 i ty C ou n ci l rat ify t h e M ayor's reap p oi n t m en t of Rob i n A sp inall and ap p oi n t m en t of B rian S t aton to t he P lan ning C om m is si on , t erm s effective J u l y 1, 2 02 2 th rou g h J u ne 3 0, 2 02 6.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s th e C i ty's g oal to p rovi d e op p ortu nities for t h e cit izenry to p articip ate i n local g overn m en t throug h servic e on vari ous com m ittees, com m i ss ion s, an d b oard s.

B A C K G R O U N D
Th e P lan ni ng C om m ission was estab lished i n 1 9 3 0 p u rsuan t to t he P l an n in g A ct of 1 92 9.

C h ang es t o t h e C om m i ss ion w ere l ater m ad e in 1 95 0 in accord an ce w it h th e C onservation an d P lann in g A ct. Th e P l ann in g C om m is si on i s c om p ri sed of seven m em b ers, ap p oi n t ed b y the C ity C ou n c il , to review an d act on m att ers related to p l an n in g an d d evelop m en t. Resolu tion N o. 66 08 set s fort h t h e p rocess for ap p ointm en t an d s tat es th e M ayor shall ap p oi nt the C om m ittee, C om m is si on, B oard , an d A uthority m em b ers su b ject to ratification b y the m ajority of th e C ou ncil.

Th e t w o p osition s to b e fi ll ed on t h e P lan ni ng C om m ission are reg ularly s ch ed u led vacan cies w ith t erm s end in g on J u n e 3 0, 20 22 . P u rsu an t t o G overnm ent C od e S ect ion 5 49 72 , the exp iring term s of t he P l ann in g C om m i ss ion m em b ers was d u l y p ost ed p rior t o D ec em b er 3 1, 20 21 .

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At th e reg u lar m eetin g of t h e C ity C oun cil on M arch 14 , 2 02 2, the C ou ncil d is cu ss ed the P lann in g C om m ission ap p ointm en t p rocess. At the m eeting C ou ncilm em b er M au st stated th at as M ayor P ro Tem sh e was w il li n g to d es ig nat e C ou n c il m em b er G arcia to take h er p lace on the in terview p anel since D istrict 3 cu rrently d oes n ot h ave rep resentation on th e P lann in g C om m ission .

At t he reg u lar m eet in g of th e P l ann in g C om m is si on on M arch 2 3, 2 02 2 t h e P lann in g C om m ission d esi g n ated V i ce C h ai r G rah n to p art ic ip ate on th e in terview p anel in p lace of C h air A sp inall wh o is seeking reap p ointm en t.

I S S U E S /A N A L Y S I S
O n A p ri l 3 0, 20 22 , in terviews w ere con d u ct ed b y a p anel c ons is ti ng of M ayor Velto, C ou ncilm em b er G arci a, P l an n in g C om m is si on V ic e C h air G rah n, an d D evelop m ent S ervices D irector D alq ues t (ad visory onl y). A tot al of six ap p l ic an t s were i n t ervi ew ed . A t the con clusion of t he in terviews, Rob in A s p i n al l an d B ri an S t aton were ran ked th e t op two can d id ates u sing a forced choice ranking system .

B ased on th e in terview ranking s the M ayor h as chosen to reap p oint Rob in A sp in all and ap p oin t B rian S taton to the P lan ning C om m ission .

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
Robin Aspinall application
Brian Staton application
Resolution No. 6608

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

D A T E :J un e 13 , 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

A L I S O N W A L K E R , D E P U T Y C I T Y C L E R K S U B J E C T :R E A P P O I N T M E N T S TO T H E L I B R A RY B O A R D

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 ratify th e reap p oin tm ents of Ralp h C avallo an d Lyn n O lson to th e L ib rary B oard , term s effective J u ly 1 , 20 22 to J un e 30 , 20 25 .

B A C K G R O U N D
Th e L ib rary B oard w as es tab li sh ed in 1 91 3. Th e B oard i s ch arg ed w it h p rovid in g m aterials an d staff ass is tan ce for m eet in g th e i n form al an d ed u cat ion al need s of lib rary u sers. T he B oard con sists of fi ve voting m em b ers , on e C ou ncil l iai son (ad visory) an d on e F riend s of t h e Lib rary liaison (ad visory).

P u rsuan t to G overn m en t C od e S ection 54 97 2, the exp irin g term s of com m ission an d com m ittee m em b ers were d u ly p osted p rior to D ecem b er 31 , 20 21 .

I S S U E S /A N A L Y S I S
P u rsuan t t o G overn m en t C od e S ecti on 40 60 5 and Resolu tion N o. 66 08 t he M ayor shall ap p oin t th e C om m it tee, B oard , an d A u th ority m em b ers su b ject to th e rati fic ati on b y a m ajority of t he C oun cil. Th e M ayor w ishes t o re-ap p oint Ralp h C aval lo an d Lynn O l son to the L ib rary B oard . T he sub ject re-ap p ointm en ts are for a term of three years.

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Ralp h C avall o h as s erved on e p arti al term w hich fil led an u n sc h ed u l ed vacan cy i n M arch 2 01 7, and one fu ll 3-year term . Lynn O lson h as served one fu ll term .

F I S C A L I M P A C T S
Th ere is n o fiscal im p act from this ap p ointm en t.

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
Application - Cavallo, Ralph A.

Application - Olson, Lynn

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

D A T E :J u ne 1 3, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , 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 E A T E M P O R A R Y T E R M A M E N D M E N T TO A N A G R E E M E N T

W I T H H D L C O M PA N I E S F O R B U S I N E S S L I C E N S E O P E R A T I O N S

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 i s recom m en d ed t hat th e C it y C ou ncil ap p rove a t em p orary term am en d m ent to exten d the orig inal ag reem ent with H d L C om p anies (H d L) to p rovid e the C ity w ith b u siness licen se op erations consulting services for an ad d i ti onal t h ree m on t h s ; an d au t h oriz e t h e C i ty M anag 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 osed action sup p orts th e C ity's g oal for p rovid in g services in a cost effective m an ner.

B A C K G R O U N D
Th e C it y C ou n c il ap p roved th e ori g i n al five year ag reem en t wi th H d L C om p anies on A p ril 1 4, 20 14 . Th at ag reem ent allow ed for th ree on e (1) year ad d ition al term s. O n J u ne 2 4, 2 01 9, C ity C ou ncil ap p roved th e first am en d m ent to the ag reem en t w ith H d L C om p an ies to p rovid e service th rou g h J un e 30 , 2 02 0. O n J un e 2 2 , 2 02 0, C ity C oun ci l ap p roved th e secon d am en d m ent to the ag reem ent to p rovid e service throug h J un e 30 , 20 21 .

O n M ay 24 , 20 21 C it y C ou n ci l reviewed t h e existin g ag reem en t an d con sid ered th e c ost s an d b en efits of m ovin g tow ard s b ring in g b usin ess licen sing fun ction s in-h ouse. Th e g u id ance to staff w as to con tinu e w it h th e final year exten sion of th e exist in g ag reem en t wi th H d L , an d solicit b id s from ven d ors inclu d ing H d L for b u si n es s licen sing services wh en t h e ag reem en t exp ires i n J un e 20 22 . O n J u n e 1 3, 2 02 1, C ity C ou n ci l ap p roved th e t hi rd am en d m en t t o the ag rem en t to p rovid e service th rou g h J u ne 3 0, 2 02 2.

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I S S U E S /A N A L Y S I S
O n M ay 1 2, 20 22 , S t aff releas ed a Req uest For P rop osal (R F P ) for C on tract B u si ness Licen se S ervices b y p rovid in g th e R F P on its w eb sit e. O n M ay 1 6, 20 22 , t he R F P w as ad d itionally ad vertised on t h e C alifornia M u ncip al Reven u e & Tax A ss oci ati on l is ts erv as wel l as the C alifornia S oci ety of M un icip al F i n an ce O ffi cers C urren t R F P web p ag e. A ll p rop os als w ere d ue to b e su b m it ted b y J u ne 6, 2 02 2. H ow ever, th e s hort p eriod of t im e b etw een th e d ead l in e for receiving p rop osals and t h e J uly b usin ess l ic ens e ren ewal s n eed ing t o b e m ail ed ou t necessitates an short extension of th e existing ag reem en t.

H d L h as ag reed to p rovi d e th e sam e s ervi ces as d es crib ed in the orig in al ag reem en t w hile am en d ing t he exis ti n g ag reem en t for a tem p orary term en d i ng O c tob er 1 , 2 02 2. Th ey have furth er ag reed to con tinu e to p rovid e con tinu in g s ervi ces at th e sam e com p ensation as estab lish ed in the term s an d cond ition s of the orig in al ag reem ent.

F I S C A L I M P A C T S
H d L cu rren t ly b il ls $1 4.8 4 p er accou nt (ap p rox. $10 0,0 00 p er year) for each b usin ess licen se p rocessed , p lu s on e ti m e fees of 35 % for reven u es g en erat ed t hroug h d iscovery of new b u sinesses an d au d i ts . Th e an t ic ip ated c ost for cont ract b u siness l ic en s e s ervi ces is alread y in clud ed in the p rop osed F Y 20 22 /23 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
Temporary Term Amendment
Amendment #3 HdL Agreement
Amendment #2 HdL Agreement
Amendment #1 HdL Agreement
Original HdL Agreement

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Amendment to Agreement for HdL Services
City of Upland, CA June 2, 2022
HdL Software, LLC 1

AMENDMENT TO AGREEMENT FOR HDL BUSINESS LICENSE TAX ADMINISTRATION SERVICES

This Amendment to agreement for business license tax administration services is made and entered into as of the 13th day of June 2022 (“Amendment Date”), by and between the City of Upland, CA, a municipal corporation, hereinafter referred to as City, and HdL, a California company, hereinafter referred to as HdL.

WHEREAS, HdL and City entered into that certain Original Agreement for Business License Compliance & Operations Management and Consulting Services dated April 4, 2014 (“Original Agreement”), whereby HdL agreed to provide HdL’s Business License Compliance & Operations Management And Consulting Services and related services (as identified in Exhibit A of the Original Agreement) for a period of 5 years with the option to extend the contract for three one (1) year additional terms; and WHEREAS, HdL and City amended the Agreement to extend the term for one year through June 30, 2020, and provide for the compensation of the continuing services on the terms and conditions set forth in the Original Agreement; and
WHEREAS, HdL and City agreed to amend the Agreement to extend the term for an additional one- year term through June 30, 2021 and provide for the compensation of the continuing services on the terms and conditions set forth in Exhibit B of the Original Agreement.

WHEREAS, HdL and City agreed to amend the Agreement to extend the term for an additional one- year term through June 30, 2022 and provide for the compensation of the continuing services on the terms and conditions set forth in Exhibit B of the Original Agreement.

WHEREAS, HdL and City now agree to amend the Agreement to provide for an additional one (1) year term ending on June 30, 2023, and provide for the compensation of the continuing services on the terms and conditions set forth in Exhibit B of the Original Agreement.

THEREFORE, it is agreed by City and HdL as follows:

1. SCOPE OF SERVICES
Specific services to be performed by HdL are as described in Exhibit A of the original Agreement.

2. COMPENSATION
City agrees to compensate HdL for services under this Agreement as described in Exhibit B of the original Agreement.

3. TERM OF AGREEMENT
The term of this Amendment shall commence on July 1, 2022, the Amendment Date and shall continue until terminated.

4. NOTICE
All notices required by this Amendment shall be given to the City and to HdL in writing, by personal delivery or first-class mail postage prepaid, addressed as follows:

City

HdL HdL

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Amendment to Agreement for HdL Services
City of Upland, CA June 2, 2022
HdL Software, LLC 2
120 S. State College Blvd Suite 200
Brea, CA 92821

5. FULL FORCE AND EFFECT
Except as modified pursuant to this Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF UPLAND, CA HdL

By: By:

Name: ___________________________ Robert Gray
Title: ___________________________ President, HdL Software LLC

APPROVED AS TO FORM:

City Attorney

ATTEST:

City Clerk

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

D A T E :J u ne 1 3, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , 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 E A N A M E N D M E N T TO A N A G R E E M E N T W I T H L E W

E DW A R D S G R O U P F O R C O M M U N I C A T I O N S S E R V I C E S

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 oun ci l ap p rove A m en d m en t N o. 1 to ext en d th e orig in al ag reem en t w it h Lew E d w ard s G rou p to p rovi d e t he C i ty wi th c om m u n ic ati on s services throug h O ctob er 31 , 20 22 , and authorize th e C ity M anag er to execu te the am end m en t.

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 rom oting p u b lic com m u nication s, transp arency, and eng ag em ent.

B A C K G R O U N D
O n N ovem b er 1 , 2 02 1, th e A ct in g C i ty M an ag er exec u t ed an ag reem en t w it h L ew E d w ard s G rou p to p rovid e th e C ity with com m u nication s services th rou g h J u ne 3 0, 2 02 2.

I S S U E S /A N A L Y S I S
At th is tim e, S taff w ou l d l ike to ext en d th e existing ag reem en t w it h Lew E d w ard s G rou p for an ad d ition al fou r m onths. L ew E d ward s G rou p h as ag reed to p rovid e the sam e services as d escrib ed i n th e ori g i nal ag reem ent w hi le am en d ing th e existin g ag reem ent for an ad d ition al four m on t h s . T h ey h ave fu rt h er ag reed t o con ti nu e to p rovid e services at the sam e com p en sation rate as estab lish ed in the term s an d cond ition s of the orig in al ag reem ent.

F I S C A L I M P A C T S
Th e cos t for com m u n i cat ion s ervi ces is alread y in clud ed i n th e p rop osed F Y 20 22 /23 op eratin g b u d g et.

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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
Amendment #1
L ew Edwards Group P rofessional Services Agreement

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH LEW EDWARDS GROUP

This Amendment No. 1 to the Agreement for Professional Consultant Services is made and entered into as of June 13, 2022 (“Effective Date”) by and between the City of Upland, a municipal corporation (“City”) and Lew Edwards Group, a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, November 1, 2021, for the purpose of providing ballot measure preparation and communications services (the “Master Agreement”).

B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement through November 2022, and to include additional funds for the continued performance of services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The Term, as defined in the Master Agreement, shall be amended to be through October 31, 2022. Compensation shall be provided at the same monthly rate as identified in the Master Agreement.

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH LEW EDWARDS GROUP

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF UPLAND
APPROVED BY:

Michael Blay
City Manager

ATTEST:

Keri Johnson
City Clerk

CONSULTANT

LEW EDWARDS GROUP

Signature

Name

Title

(Two Signatures of Corporate
Officers Required for Corporations)

Signature

Name

Title

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

D A T E :J un e 13 , 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 S U B J E C T :F I S C A L Y E A R 2 02 1-2 2 B U D G E T A D J U S T 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 en d ed that th e C it y C oun cil am en d t he ad op t ed op erati ng b ud g et for F iscal Year 20 21 -20 22 to correctly record the b ud g et for p reviously-ap p roved C oun cil actions.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p orts th e C i ty's g oal to p rovid e fis cal st ew ard sh ip for th e C ity of Up lan d .

B A C K G R O U N D
At its J u ne 1 4, 20 21 m eet in g , t h e C ity C oun cil ad op t ed t h e F iscal Year 20 21 -20 22 an nu al b u d g et for th e C ity of U p l and . A s th e fis cal year p rog res sed , b u d g et ad ju s tm en t s w ere p resen ted to the C ity C ou ncil for review and ap p roval on N ovem b er 8, 20 21 for the F irst Q uarter B u d g et Review and M arch 1 4, 20 22 for th e M id Year B u d g et Review an d on an in d ivid ual b as is from t im e to ti m e. Th ese ad ju s tm en t s rep resent th e ap p rop riation of staff- recom m end ed ad justm ents for C ity C oun cil consid eration .

O n A p ril 11 , 20 22 C it y C ou n ci l ap p roved th e fin al st ep of th e B L A S T S t rat eg y - an intern al G eneral F u n d L ease Revenu e b on d is su anc e. I n con jun ct ion with th at act ion , C oun cil ap p roved the rem ittan ce of the $2 0.5 m illion in p roceed s of th e issuan ce to C al P E R S to p ay d own th e C ity's U nfu nd ed A ccru ed Liab ility.

I S S U E S /A N A L Y S I S
I n p rep arati on for th e year-en d cl osi n g p roces s, t he F in ance D ivision S t aff have reviewed all revenu e and exp en d itu re accou nt s an d h ave id en t ifi ed a few t ech n i cal b u d g et ad ju stm en ts.

Page 1 of 2 ends

T hese t ech n i cal b u d g et ad ju st m en ts are n ec ess ary t o c orrect ly record th e b u d g etary ap p roval of tw o item s:

1 . T he $2 77 ,00 0 con trib ut ion t o t he S ec ti on 11 5 O P E B Tru st i n con ju n ct ion w i th th e G en eral F u n d Res erve Poli cy an d resu lt ig from th e year-end op erat in g su rp lu s from F iscal Year 2 02 0/2 1.
2 . T he $2 0.5 m i ll ion d isb ursem ent t o C al P E R S in con ju n ct ion w it h the com p letion of th e B L A S T S t rat eg y b y issuing in ternal G en eral F u nd Leas e Revenu e B ond s on A p ril 11 , 2 02 2.

I n ord er to accoun t for th e exp ense of p aying d ow n th e C ity's U A L, th e following b ud g et ad justm ent is recom m end ed :

A c cou nt D es crip ti on D eb i t C red it

1 01 15 04 -51 50 O P E B C on trib ution $ 2 77 ,00 0 - 1 01 32 02 -51 39 Police Sworn - U nfu nd ed Liab ility 4,1 42 ,70 2 - 1 01 32 11 -51 39 Police U nfu nd ed Liab ility 1 6,3 57 ,29 8 -

Total $ 20,277,000 -

F I S C A L I M P A C T S
Th e source of t he O P E B c on t ri b u ti on is su rp lu s fun d b al ance from F Y 21 /22 i n acc ord an c e w ith th e G eneral F u nd Reserve Policy. T he s ource of th e p ub lic s afety Un fun d ed A c crued Liab ility p ayd ow n is the lease revenu e b on d s ap p roved on A p ril 11 , 20 22 . Th ese recom m en d ed b u d g et ad ju stm en ts d o n ot result in a net chan g e to th e G en eral F un d as th ey were exp end itures p reviou sly authorized b y C ity C oun cil.

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
No Attachments Available

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

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 S U B J E C T :A P P R O V A L O F M A Y 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

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 C i ty C oun cil ap p rove th e M ay W arrant Reg is ters (ch eck n um b ers 38 98 5-3 92 41 ) an d D i rec t D i sb u rsem en t s t otal in g $12 ,66 8,6 13 .32 and Payroll Reg isters totaling $1 ,36 6,1 25 .08 (ch eck n um b ers 1 62 31 6-1 62 33 5 an d E lectron ic F u nd Transfers 33 93 8- 34 42 3).

G O A L S T A T E M E N T
Th e p rop osed ac ti on su p p ort s the C i ty's g oal to m an ag e th e C it y's resources i n a fiscally resp on sib le and transp arent m an ner.

B A C K G R O U N D
Th e C i ty C ou ncil is p res en t ed w it h th e finan cial d is b u rs em en ts for the p u rch ase of m aterials, su p p lies, services, cap it al p rojects, an d p ayroll w arrants issu ed in t h e p rior m on th . T his p rocess p rovid es th e C ity C oun cil the op p ortu nity to review th e exp en ses of th e C ity.

I S S U E S /A N A L Y S I S
I n accord an ce w it h G overn m en t C od e S ect ion 3 72 08 , t h e F i n an ce O ffic er h ereb y certi fies th at th e at tached W arran t Reg i st ers, D i rec t D isb ursem ent s, an d Payroll Reg i st ers have b een foun d to conform to th e ap p roved b u d g et an d h ave b een p aid . T hese d em and s are su b m itted to the C ity C oun cil for review and ap p roval.

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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
M ay Disbursements

Page 2 of 9 ends

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 38985 05/04/2022 PRINTED 99418 FRANCHISE TAX BOARD 92.66 38986 05/04/2022 PRINTED 295 INLAND EMPIRE UNITED WAY 21.00 38987 05/04/2022 PRINTED 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 217.32 38991 05/04/2022 PRINTED 291 ADVANCE STORE CO, INC 240.40 38992 05/04/2022 PRINTED 358 ADVANCED AUTO, SMOG CHECK CENTER 31.75 38993 05/04/2022 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 3,702.78 38994 05/04/2022 PRINTED 1243 AMERICAN GLOBAL SECURITY, INC 11,016.99 38995 05/04/2022 PRINTED 12378 ATKINSON ANDELSON LOYA RUDD 14,473.36 38996 05/04/2022 PRINTED 1390 BFTFYC SAN BERNARDINO 300.00 38997 05/04/2022 PRINTED 1374 BALCO HOLDINGS INC 4,906.00 38998 05/04/2022 PRINTED 119661 BEST BEST & KRIEGER LLP 37,866.41 38999 05/04/2022 PRINTED 600 CALIFORNIA STREET LIGHTING 12,704.00 39000 05/04/2022 PRINTED 3163 CHINO BASIN WATER 1,326.51 39001 05/04/2022 PRINTED 3163 CHINO BASIN WATER 5,670.89 39002 05/04/2022 PRINTED 448 CINTAS CORPORATION 4,391.65 39003 05/04/2022 PRINTED 475 CITY OF MONTCLAIR 4,162.45 39004 05/04/2022 PRINTED 163 CLINICAL LABORATORY OF SAN BERNARDINO, INC 859.00 39005 05/04/2022 PRINTED 1306 COMPLETE PAPERLESS SOLUTIONS 93,375.00 39006 05/04/2022 PRINTED 401 DANIEL RODRIGUEZ 125.00
39007 05/04/2022 PRINTED 29001 DELANEY, CHRISTOPHER 57.12 39008 05/04/2022 PRINTED 16636 DELL MARKETING LP 190.72 39009 05/04/2022 PRINTED 1153 DENCO LIEN SALES, INC 1,219.00 39010 05/04/2022 PRINTED 2435 EVERSOFT 1,811.75
39011 05/04/2022 PRINTED 4456 FEDERAL EXPRESS 52.61
39012 05/04/2022 PRINTED 78 FRONTIER 91.60
39013 05/04/2022 PRINTED 78 FRONTIER 550.00
39014 05/04/2022 PRINTED 78 FRONTIER 1,480.89
39015 05/04/2022 PRINTED 58311 G H A TECHNOLOGIES 11,914.00 39016 05/04/2022 PRINTED 907 LISA KAY GALLATIN 876.52
39017 05/04/2022 PRINTED 1395 GARCIA, CARLOS 248.55
39018 05/04/2022 PRINTED 1192 GATEWAY PACIFIC CONTRACTORS, INC 341,363.50 39019 05/04/2022 PRINTED 13121 GENTRY BROTHERS INC 305,267.30 39020 05/04/2022 PRINTED 5206 H D L COREN & CONE 4,200.00 39021 05/04/2022 PRINTED 329 HOLLIDAY ROCK CO INC 553.84 39022 05/04/2022 PRINTED 629 HONEYCOTT, INC 255.00
39023 05/04/2022 PRINTED 16340 INFOSEND INC 7,802.34
39024 05/04/2022 PRINTED 48371 JEEP CHRYSLER OF ONTARIO 971.64 39025 05/04/2022 PRINTED 1356 JES RESTAURANT EQUIPMENT 9,573.60 39026 05/04/2022 PRINTED 913 JOEL'S AUTOMOTIVE, INC 224.20 39027 05/04/2022 PRINTED 80561 KEENAN & ASSOCIATES 11,578.66 39029 05/04/2022 VOID 1814 KIRKLAND, ALLEN 30.00
39028 05/04/2022 PRINTED 937 TURNER, KIMBERLY 16,875.00 39030 05/04/2022 PRINTED 26101 KONICA MINOLTA 4,369.27
39031 05/04/2022 PRINTED 53241 KONICA MINOLTA BUSINESS SOLUTIONS 5,402.16 39032 05/04/2022 PRINTED 53781 LEAD TECH ENVIRONMENTAL 2,380.00 39033 05/04/2022 PRINTED 122601 LOWE'S 3,067.70
39034 05/04/2022 PRINTED 23581 MAGNOLIA COLONY APARTMENTS 1,636.00 City of Upland
Accounts Payable Check Reconciliation Register
05/01/2022 - 05/31/2022
Prepared By: Erin Myers Page 1 of 7 6/1/2022Page 3 of 9

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 39035 05/04/2022 PRINTED 1159 PARKMOBILE LLC 750.00
39036 05/04/2022 PRINTED 992 PRISTINE UNIFORMS, LLC 4,412.19 39037 05/04/2022 PRINTED 300 PVP COMMUNICATIONS 878.35
39038 05/04/2022 PRINTED 349 RAIN MASTER IRRIGATION SYSTEMS 245.85 39039 05/04/2022 PRINTED 10638 RICHARDS, WATSON & GERSHON 4,467.50 39040 05/04/2022 PRINTED 606 SAN BERNARDINO COUNTY SHERIFF'S 2,270.47 39041 05/04/2022 PRINTED 2225 SAN BERNARDINO COUNTY FIRE 25,857.60 39042 05/04/2022 PRINTED 6610 SAN BERNARDINO COUNTY SHERIFF 121.88 39043 05/04/2022 PRINTED 11671 SAN BERNARDINO COUNTY 332.67 39044 05/04/2022 PRINTED 20171 SAN BERNARDINO COUNTY SHERIFF 3,925.00 39045 05/04/2022 PRINTED 507 SILVER & WRIGHT LLP 71,060.72 39046 05/04/2022 PRINTED 107 SITEONE LANDSCAPE SUPPLY HOLDING LLC 1,168.31 39047 05/04/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,318.28 39048 05/04/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 2,316.24 39049 05/04/2022 PRINTED 417 E&S TOWING ENTERPRISES, INC 785.00 39050 05/04/2022 PRINTED 120841 STUMP FENCE CO 21,750.00 39051 05/04/2022 PRINTED 1156 T.R.L. SYSTEMS, INC 2,172.68 39052 05/04/2022 PRINTED 1388 BENSON OWNER LLC 3,168.63 39053 05/04/2022 PRINTED 18181 TIERRA WEST ADVISORS LLC 140.00 39054 05/04/2022 PRINTED 62321 U.S. TELEPACIFIC CORP 869.08 39055 05/04/2022 PRINTED 133941 VERIZON 1,438.47
39056 05/04/2022 PRINTED 1394 YU, BRADEN 231.83
39057 05/04/2022 PRINTED 999999 DENNIS DE LEON 930.16
39058 05/04/2022 PRINTED 999999 STEVEN DIAZ 100.00
39059 05/04/2022 PRINTED 999999 TAMMY TANG 150.00
39060 05/11/2022 PRINTED 15750 AFLAC PREMIUM HOLDING 1,218.20 39061 05/11/2022 PRINTED 132551 AMERICAN FIDELITY ASSURANCE 9,064.29 39062 05/11/2022 PRINTED 6109 AMERICAN HERITAGE LIFE INS CO 93.09 39063 05/11/2022 PRINTED 1123 HYATT LEGAL PLANS, INC 588.00 39064 05/11/2022 PRINTED 1123 HYATT LEGAL PLANS, INC 630.00 39065 05/11/2022 PRINTED 889 PRUDENTIAL INSURANCE COMPANY OF AMERICA 27.08 39066 05/11/2022 PRINTED 82591 1-800 RADIATOR 331.88
39067 05/11/2022 PRINTED 16553 AA U-STOR-M 204.00
39068 05/11/2022 PRINTED 291 ADVANCE STORE CO, INC 297.66 39069 05/11/2022 PRINTED 3 AIRGAS USA LLC 25.43
39070 05/11/2022 PRINTED 1313 UNIVERSAL PROTECTION SERVICE, LP 18,905.94 39071 05/11/2022 PRINTED 119661 BEST BEST & KRIEGER LLP 10,132.92 39072 05/11/2022 PRINTED 120021 BRIGHTVIEW 58,836.95
39073 05/11/2022 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 734.65 39074 05/11/2022 PRINTED 1273 SOUTHWEST CONCRETE PRODUCTS 343.73 39075 05/11/2022 PRINTED 83401 CARL WARREN & CO 6,068.00 39076 05/11/2022 PRINTED 509 CITY OF ONTARIO 226.29
39077 05/11/2022 PRINTED 1385 DAVID TAUSSIG & ASSOCIATES, INC.5,156.25 39078 05/11/2022 PRINTED 16636 DELL MARKETING LP 2,295.08 39079 05/11/2022 PRINTED 1153 DENCO LIEN SALES, INC 305.00 39080 05/11/2022 PRINTED 65 DM CONTRACTING, INC 208,905.00 39081 05/11/2022 PRINTED 4402 VARGAS, LUPE B 480.00
39082 05/11/2022 PRINTED 97141 EUROFINS EATON ANALYTICAL INC 4,295.00 39083 05/11/2022 PRINTED 2435 EVERSOFT 293.08
39084 05/11/2022 PRINTED 78 FRONTIER 61.94
39085 05/11/2022 PRINTED 78 FRONTIER 120.71
39086 05/11/2022 PRINTED 78 FRONTIER 121.07
Prepared By: Erin Myers Page 2 of 7 6/1/2022Page 4 of 9

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 39087 05/11/2022 PRINTED 78 FRONTIER 660.00
39088 05/11/2022 PRINTED 78 FRONTIER 1,220.00
39089 05/11/2022 PRINTED 58311 G H A TECHNOLOGIES 4,326.84 39090 05/11/2022 PRINTED 290 GRAINGER 298.82
39091 05/11/2022 PRINTED 329 HOLLIDAY ROCK CO INC 1,386.07 39092 05/11/2022 PRINTED 629 HONEYCOTT, INC 390.00
39093 05/11/2022 PRINTED 4495 HOSE-MAN INC 435.61
39094 05/11/2022 PRINTED 16340 INFOSEND INC 932.64
39095 05/11/2022 PRINTED 36271 INLAND EMPIRE PRINTING 915.26 39096 05/11/2022 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 128,416.36 39097 05/11/2022 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 22,131.20 39098 05/11/2022 PRINTED 1161 IPS GROUP INC 68.46
39099 05/11/2022 PRINTED 48371 JEEP CHRYSLER OF ONTARIO 53.34 39100 05/11/2022 PRINTED 80561 KEENAN & ASSOCIATES 4,833.33 39101 05/11/2022 PRINTED 20251 KIRK, JACOB 30.00
39102 05/11/2022 PRINTED 1039 KOALA T'S AND APPAREL, LLC 1,126.21 39103 05/11/2022 PRINTED 1287 KOFF & ASSOCIATES 15,510.00 39104 05/11/2022 PRINTED 16385 MAIN STREET SIGNS 102.31 39105 05/11/2022 PRINTED 21341 MATT CHLOR INC 5,434.33
39106 05/11/2022 PRINTED 824 MK CONSULTING 2,038.05
39107 05/11/2022 PRINTED 1197 NATIONAL DEMOGRAPHICS 44,250.00 39108 05/11/2022 PRINTED 1402 NGUYEN, MICHELLE 2,110.00 39109 05/11/2022 PRINTED 117121 NUCKLES OIL COMPANY INC 38,537.15 39110 05/11/2022 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 206.00 39111 05/11/2022 PRINTED 62081 QUADIENT LEASING USA, INC 1,863.42 39112 05/11/2022 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 300.00 39113 05/11/2022 PRINTED 1013 SHAW HR CONSULTING 940.00 39114 05/11/2022 PRINTED 28271 SOUTH COAST AQMD 575.52
39115 05/11/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 100.63 39116 05/11/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 669.00 39117 05/11/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 1,260.01 39118 05/11/2022 PRINTED 3557 UNDERGROUND SERVICE ALERT 477.06 39119 05/11/2022 PRINTED 14735 VERIZON WIRELESS 120.21
39120 05/11/2022 PRINTED 14735 VERIZON WIRELESS 121.50
39121 05/11/2022 PRINTED 14735 VERIZON WIRELESS 200.05
39122 05/11/2022 PRINTED 14735 VERIZON WIRELESS 330.82
39123 05/11/2022 PRINTED 14735 VERIZON WIRELESS 803.14
39124 05/11/2022 PRINTED 14735 VERIZON WIRELESS 2,711.72 39125 05/11/2022 PRINTED 14735 VERIZON WIRELESS 5,167.06 39126 05/11/2022 PRINTED 760 WATER FACILITIES AUTHORITY 335,589.68 39127 05/11/2022 PRINTED 392 WAXIE SANITARY SUPPLY 1,382.50 39128 05/11/2022 PRINTED 1725 WEST COAST ARBORISTS INC 13,504.95 39129 05/11/2022 PRINTED 999999 OLIVIA LOPEZ 100.00
39130 05/18/2022 PRINTED 37 5 STAR JANITORIAL 1,700.00
39131 05/18/2022 PRINTED 358 ADVANCED AUTO, SMOG CHECK CENTER 31.75 39132 05/18/2022 PRINTED 1256 AGING NEXT 2,075.61
39133 05/18/2022 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 7,410.00 39134 05/18/2022 PRINTED 1374 BALCO HOLDINGS INC 1,104.00 39135 05/18/2022 PRINTED 1191 CATHOLIC CHARITIES SAN BERNARDINO & RIVERSIDE 4,192.00 39136 05/18/2022 PRINTED 82791 CHEM PRO LABORATORY INC 317.00 39137 05/18/2022 PRINTED 448 CINTAS CORPORATION 1,263.18 39138 05/18/2022 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 92.17 Prepared By: Erin Myers Page 3 of 7 6/1/2022Page 5 of 9

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 39139 05/18/2022 PRINTED 1278 DE NORA HOLDINGS US, INC 49,575.33 39140 05/18/2022 PRINTED 1153 DENCO LIEN SALES, INC 103.00 39141 05/18/2022 PRINTED 1405 ELLIOTT, JANICE 102.38
39142 05/18/2022 PRINTED 10485 EXPERIAN 77.00
39143 05/18/2022 PRINTED 4456 FEDERAL EXPRESS 5.99
39144 05/18/2022 PRINTED 78 FRONTIER 121.07
39145 05/18/2022 PRINTED 5661 G & M BUSINESS INTERIORS 6,194.92 39146 05/18/2022 PRINTED 1383 IMPEX TECHNOLOGIES, INC 34,922.71 39147 05/18/2022 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 835,462.00 39148 05/18/2022 PRINTED 1371 INNOVATIVE PLAYGROUNDS COMPANY, INC 115,256.99 39149 05/18/2022 PRINTED 114501 INTERWEST CONSULTING GROUP 15,240.00 39150 05/18/2022 PRINTED 80561 KEENAN & ASSOCIATES 6,745.37 39151 05/18/2022 PRINTED 3020 LAW ENFORCEMENT MEDICAL SVCS 2,220.00 39152 05/18/2022 PRINTED 91491 LIBRARY SYSTEMS & SERVICES LLC 15,771.41 39153 05/18/2022 PRINTED 445 MATHISEN OIL CO INC 710.02 39154 05/18/2022 PRINTED 203 MV CHENG & ASSOCIATE 3,456.25 39155 05/18/2022 PRINTED 17563 GARALITO, KIMBERLY 4,847.87 39156 05/18/2022 PRINTED 601 SAN ANTONIO WATER CO 288,571.82 39157 05/18/2022 PRINTED 637 SMART & FINAL IRIS CO 309.06 39158 05/18/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 134.98 39159 05/18/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 144.98 39160 05/18/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 193.11 39161 05/18/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 966.63 39162 05/18/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 186.86 39163 05/18/2022 PRINTED 1154 T-MOBILE USA 60.00
39164 05/18/2022 PRINTED 11583 THOMPSON PLUMBING SUPPLY 874.33 39165 05/18/2022 PRINTED 1377 PURRS & PAWS INC 200.20
39166 05/18/2022 PRINTED 1404 VELDMAN, MADISON 306.61
39167 05/18/2022 PRINTED 14735 VERIZON WIRELESS 40.01
39168 05/18/2022 PRINTED 14735 VERIZON WIRELESS 40.01
39169 05/18/2022 PRINTED 14735 VERIZON WIRELESS 191.03
39170 05/18/2022 PRINTED 14735 VERIZON WIRELESS 272.54
39171 05/18/2022 PRINTED 14735 VERIZON WIRELESS 320.08
39172 05/18/2022 PRINTED 14735 VERIZON WIRELESS 321.55
39173 05/18/2022 PRINTED 14735 VERIZON WIRELESS 354.77
39174 05/18/2022 PRINTED 14735 VERIZON WIRELESS 4,523.83 39175 05/18/2022 PRINTED 760 WATER FACILITIES AUTHORITY 1,008.16 39176 05/25/2022 PRINTED 99418 FRANCHISE TAX BOARD 92.66 39177 05/25/2022 PRINTED 295 INLAND EMPIRE UNITED WAY 21.00 39178 05/25/2022 PRINTED 16823 PRE PAID LEGAL SVC, INC 105.65 39179 05/25/2022 PRINTED 17278 A T & T 293.33
39180 05/25/2022 PRINTED 14 ACTION AWARDS 59.95
39181 05/25/2022 PRINTED 207 ADLERHORST INTERNATIONAL LLC 70.04 39182 05/25/2022 PRINTED 291 ADVANCE STORE CO, INC 183.06 39183 05/25/2022 PRINTED 88211 AIR-EX 5,464.24
39184 05/25/2022 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 7,372.95 39185 05/25/2022 PRINTED 131971 ANNEALTA GROUP 8,800.00 39186 05/25/2022 PRINTED 598 BADGE FRAME, INC 1,664.74
39187 05/25/2022 PRINTED 862 BADGER METER INC 4,137.33
39188 05/25/2022 PRINTED 119661 BEST BEST & KRIEGER LLP 32,775.79 39189 05/25/2022 PRINTED 1769 BIO-TOX LABORATORIES 1,608.00 39190 05/25/2022 PRINTED 1193 BRIDGEPAY NETWORK SOLUTIONS 29.90 Prepared By: Erin Myers Page 4 of 7 6/1/2022Page 6 of 9

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 39191 05/25/2022 PRINTED 819 BRINKS, INC 822.17
39192 05/25/2022 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 1,219.86 39193 05/25/2022 PRINTED 1877 FRANCISCO MONRREAL 371.73 39194 05/25/2022 PRINTED 475 CITY OF MONTCLAIR 704.25
39195 05/25/2022 PRINTED 1408 DALQUEST, ROBERT 47.03
39196 05/25/2022 PRINTED 124 DEPARTMENT OF JUSTICE 320.00 39197 05/25/2022 PRINTED 10485 EXPERIAN 77.48
39198 05/25/2022 PRINTED 4456 FEDERAL EXPRESS 9.64
39199 05/25/2022 PRINTED 78 FRONTIER 46.51
39200 05/25/2022 PRINTED 78 FRONTIER 560.87
39201 05/25/2022 PRINTED 1192 GATEWAY PACIFIC CONTRACTORS, INC /389,962.89 39202 05/25/2022 PRINTED 16410 GEOGRAPHICS 496.73
39203 05/25/2022 PRINTED 290 GRAINGER 183.64
39204 05/25/2022 PRINTED 131101 HARRINGTON INDUSTRIAL PLASTICS 42.41 39205 05/25/2022 PRINTED 90227 HEARD'S INVESTIGATIONS AND POLYGRAPH, LLC 175.00 39206 05/25/2022 PRINTED 1411 HOPLEY, LAUREN 236.26
39207 05/25/2022 PRINTED 92791 HUSA, ZACHARY 125.00
39208 05/25/2022 PRINTED 16340 INFOSEND INC 3,765.71
39209 05/25/2022 PRINTED 5403 INLAND VALLEY EMERGENCY PET 1,435.00 39210 05/25/2022 PRINTED 106951 INTEGRATED TECHNOLOGY 1,149.58 39211 05/25/2022 PRINTED 69341 ITERIS INC 1,299.00
39212 05/25/2022 PRINTED 63221 J C I JONES CHEMICALS INC 4,710.92 39213 05/25/2022 PRINTED 284 J G BAUTISTA CONSULTING 10,050.00 39214 05/25/2022 PRINTED 529 KAISER FOUNDATION HEALTH PLAN 28,122.24 39215 05/25/2022 PRINTED 529 KAISER FOUNDATION HEALTH PLAN 33,118.25 39216 05/25/2022 PRINTED 529 KAISER FOUNDATION HEALTH PLAN 133,798.63 39217 05/25/2022 PRINTED 53241 KONICA MINOLTA BUSINESS SOLUTIONS 41.32 39218 05/25/2022 PRINTED 96231 LABASTIDA CONSTRUCTION 227.00 39219 05/25/2022 PRINTED 133641 LIFEWORKS 432.50
39220 05/25/2022 PRINTED 122231 LUSSIER, JAMES 86.50
39221 05/25/2022 PRINTED 445 MATHISEN OIL CO INC 1,415.78 39222 05/25/2022 PRINTED 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 4,071.00 39223 05/25/2022 PRINTED 16233 MPOWER COMMUNICATIONS 236.92 39224 05/25/2022 PRINTED 7816 MR T'S TOWING INC 1,650.00 39225 05/25/2022 PRINTED 42771 OCCU-MED LTD 2,993.20
39226 05/25/2022 PRINTED 4509 PARKHOUSE TIRE INC 577.00 39227 05/25/2022 PRINTED 1370 PEDEGO ELECTRIC BIKES 17,150.03 39228 05/25/2022 PRINTED 231 PRESTIGIOUS INVESTIGATIVE SERVICES 9,000.00 39229 05/25/2022 PRINTED 6610 SAN BERNARDINO COUNTY SHERIFF 227.56 39230 05/25/2022 PRINTED 11671 SAN BERNARDINO COUNTY 13,613.69 39231 05/25/2022 PRINTED 20171 SAN BERNARDINO COUNTY SHERIFF 200.00 39232 05/25/2022 PRINTED 686 SANTANA, GABRIEL 233.65
39233 05/25/2022 PRINTED 32091 SOUTHERN CALIF EDISON CO 529.99 39234 05/25/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 714.07 39235 05/25/2022 PRINTED 126761 THE LINCOLN NATIONAL LIFE INS 2,917.78 39236 05/25/2022 PRINTED 62321 U.S. TELEPACIFIC CORP 2,503.69 39237 05/25/2022 PRINTED 1413 VAZQUEZ, DIANA 260.88
39238 05/25/2022 PRINTED 14735 VERIZON WIRELESS 2,722.54 39239 05/25/2022 PRINTED 1282 WESTERN ALLIANCE BUSINESS TRUST 85,812.15 39240 05/25/2022 PRINTED 1345 YOUR PROPERTY SOLUTIONS 2,880.00 39241 05/25/2022 PRINTED 999999 KENNY SEXTON 125.00
PRINTED CHECKS (254 COUNT)4,285,947.81$
Prepared By: Erin Myers Page 5 of 7 6/1/2022Page 7 of 9

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 50322001 05/03/2022 MANUAL 32091 SOUTHERN CALIF EDISON CO 122,683.60 50322002 05/03/2022 MANUAL 43651 U S BANK NATIONAL ASSN 30,756.22 50422001 05/04/2022 MANUAL 1308 LOCAL AGENCY INVESTMENT AGENCY - LAIF 5,000,000.00 50522001 05/05/2022 MANUAL 543 SOUTHERN CALIF GAS COMPANY 5,314.65 50522002 05/05/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 5,434.55 50522003 05/05/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 3,734.87 50522004 05/05/2022 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 310.50 50522006 05/05/2022 MANUAL 621 KAREN LONG 187.50
50522007 05/05/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,447.39 50522008 05/05/2022 MANUAL 618 ICMA-RC 1,750.00
50522009 05/05/2022 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 900.00 50522010 05/05/2022 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 928.50 50522011 05/05/2022 MANUAL 737 UPLAND POLICE OFFICERS ASSN 4,577.50 50622001 05/06/2022 MANUAL 624 DEPT OF THE TREASURY 350.00 50922001 05/09/2022 MANUAL 733 MASSACHUSETTS MUTUAL LIFE INSURANCE CO.46,805.97 51022001 05/10/2022 MANUAL 83401 CARL WARREN & CO 49,990.97 51022002 05/10/2022 MANUAL 91491 LIBRARY SYSTEMS & SERVICES LLC 112,392.00 51122001 05/11/2022 MANUAL 65181 CALPERS 154,595.15
51722001 05/17/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 28,414.17 51722002 05/17/2022 MANUAL 1337 STANDARD INSURANCE COMPANY 2,466.36 51722003 05/17/2022 MANUAL 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 13,050.00 51722004 05/17/2022 MANUAL 11484 U S BANK 706,241.98
51722005 05/17/2022 MANUAL 11484 U S BANK 627,922.61
51722006 05/17/2022 MANUAL 11484 U S BANK 45,382.42
51722007 05/17/2022 MANUAL 11484 U S BANK 350,855.73
51722008 05/17/2022 MANUAL 11484 U S BANK 247,640.12
51722009 05/17/2022 MANUAL 11484 U S BANK 543,894.77
51922001 05/19/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 4,366.16 51922002 05/19/2022 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 322.00 51922003 05/19/2022 MANUAL 621 KAREN LONG 187.50
51922004 05/19/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,271.20 51922005 05/19/2022 MANUAL 618 ICMA-RC 12,351.94
51922006 05/19/2022 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 900.00 51922007 05/19/2022 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 928.50 51922008 05/19/2022 MANUAL 737 UPLAND POLICE OFFICERS ASSN 4,577.50 51922009 05/19/2022 MANUAL 65181 CALPERS 14,906.74
51922010 05/19/2022 MANUAL 65181 CALPERS 914.71
52022001 05/20/2022 MANUAL 116231 NEOPOST USA INC 5,000.00 52022002 05/20/2022 MANUAL 32091 SOUTHERN CALIF EDISON CO 77,817.45 52322001 05/23/2022 MANUAL 733 MASSACHUSETTS MUTUAL LIFE INSURANCE CO.46,268.65 52422001 05/24/2022 MANUAL 754 PUBLIC AGENCY COALITION ENTERPRISE 92,394.14 52422002 05/24/2022 MANUAL 960 MUNICIPAL DENTAL POOL 25,962.30 52422003 05/24/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 3,608.19 52422004 05/24/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 2,137.47 52422005 05/24/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 912.00 52522001 05/25/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 3,849.45 52722001 05/27/2022 MANUAL 1337 STANDARD INSURANCE COMPANY 3,042.26 53122001 05/31/2022 MANUAL 624 DEPT OF THE TREASURY 350.00 MANUAL CHECKS (48 COUNT)8,410,095.69$
Prepared By: Erin Myers Page 6 of 7 6/1/2022Page 8 of 9

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 33415 01/20/2021 VOID 88061 HISTORIC DOWNTOWN UPLAND (5,268.98) 37999 02/09/2022 VOID 153 INLAND EMPIRE UTILITIES AGENCY (22,131.20) 39029 05/04/2022 VOID 1814 KIRKLAND, ALLEN (30.00)
VOIDED CHECKS (3 COUNT)(27,430.18)$
PRINTED CHECKS (254 COUNT)4,285,947.81$
MANUAL CHECKS (48 COUNT)8,410,095.69$
VOIDED CHECKS (3 COUNT)(27,430.18)$
PRINTED & MANUAL CHECK TOTALS 12,668,613.32$
Prepared By: Erin Myers Page 7 of 7 6/1/2022Page 9 of 9

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

D A T E :J u ne 1 3, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , A S S I S TA N T C I T Y M A N A G E R

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

O F G L A S S D O O R S /W I N D O W S A T M A G N O L I A R E C R E A T I O N

C E N T E R

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 a c ont rac t for th e p rocu rem en t an d rep lacem en t of g lass d oors an d w in d ow s at th e M ag nolia Recreat ion C en ter in th e am ou n t of $5 6,3 17 .53 (cos t p l us 1 0% con ting ency); an d au th ori ze th e C ity M an ag er t o execut e the con tract.

G O A L S T A T E M E N T
Th e p rop osed act ion s u p p orts th e C ity's g oal of m ain tai n i n g first rate p arks and recreation al facilities, th u s enh ancin g the d es irab i li ty of the C i ty of U p land as a p lace to live an d stren g then com m u nity im ag e.

B A C K G R O U N D
O n J anu ary 2 4, 2 02 2, th e C i ty C ou n ci l ap p roved th e acc ep t an c e of $53 5,0 00 in fu n d i n g from th e C ou n t y of S an B ern ard i n o th rou g h S up ervisor Ru t h erford 's al locati on of th e B oard of S u p ervisors' D i sc ret ion ary F u nd - D ist rict S p eci fic P riorities P rog ram for u p g rad es t o the M ag nolia Recreation C en ter, and M ag nolia an d G reenb elt Parks.

I S S U E S /A N A L Y S I S
Th e M ag n ol ia Recreati on C en ter was com p let ed in 1 98 4 an d cu rren t ly has t he orig inal g lass d oors an d wind ow s. T he p rop osed g lass w ork is a p art of a larg er p roject to u p g rad e th e N orth

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H all, L ou n g e, an d Pas sp ort O ffi ce. C u rren tl y, t h e aforem en t ion ed sp aces are n ot com p lian t b y th e A m erican s with D isab ilities A ct, to wh ich this p roject will resolve b y in clud in g d oor ram p s.

Th e selected g lass w ill b e m ore en erg y efficient an d w ill p rovid e g reater com fort for reservin g p arties, p assp ort custom ers, and staff occup yin g the sp aces.

Vend ors w ere soug ht p er th e C ity of U p land 's p rocu rem ent p olicy and th e follow in g b id s were su b m itted :

C om m ercial D oor - $5 6,3 17 .53
L aw ren ce D oors - $61 ,89 9.8 5
C u stom C onstruction - I ncom p lete S u b m ission

F I S C A L I M P A C T S
B u d g et alread y exists in F u nd 2 17 (O ther G rant s) for th is p roject as a resu lt of S u p ervisor Rutherford 's D iscretion ary F u nd g ran t w as ap p roved b y c it y c ou n ci l p reviou sl y, s o no ad d ition al ap p rop riation s are necessary at th is tim e. T here w ill b e no fiscal im p act to the G eneral F un d .

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
Construction Contract
Commercial Doors

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CITY OF UPLAND

CONSTRUCTION CONTRACT

MAGNOLIA RECREATION CENTER GLASS DOORS

1. PARTIES AND DATE.

This Contract is made and entered into this 1st day of June 2022 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue Upland, CA 91786 (“City”) and Commercial Door Metal Systems Incorporated, a corporation with its principal place of business at 14610 Central Ave. Chino, CA 91710 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing glass doors at the Magnolia Recreation Center, engineering plans, products, supplies, and installation related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C-61 & D-28

2.3 Project. City desires to engage Contractor to render such services for the Magnolia Recreation Center Glass Doors (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Contractor’s Bid (Exhibit “B”)
 Payment and Performance Bonds (Exhibit “C”)
 Certification (Exhibit “D”)

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

Page 3 of 35 ends

2 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitut e a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then

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3 Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages.

3.3.1 Contractor shall perform and complete all Work under this Contract within three hundred (300) days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood,

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4 acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of ($_N/A) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.3.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.3.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a p ublic enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations

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5 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance

3.5.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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, Contractor 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.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Fifty-Six Thousand Three Hundred Seventeen Dollars and Fifty-Three Cents ($56,317.53) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. The City Manager may approve Additional Work up to ten percent (10%) of the amount of the Agreement. In no event shall the total sum of the agreement (Total Contract Price and Additional Work) exceed sixty-one thousand nine-hundred forty-nine dollars and twenty-eight cents ($61,949.28). Any additional work in excess of this amount shall be approved by the City Council.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and

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6 form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

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7 3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

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8 3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. 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.

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor 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 Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

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9 3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

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10 3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

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11 3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

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

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s

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12 ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the W ork required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

3.11.2 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.

3.11.3 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for:

3.11.3.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

3.11.3.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3.11.3.3 An amount the payment of which is disputed by the City.

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13 A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

3.11.5 Supporting Documentation: The Contractor shall submit all claims in the following format:

3.11.5.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

3.11.5.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.11.5.3 Chronology of events and correspondence

3.11.5.4 Narrative analysis of claim merit

3.11.5.5 Analysis of Claim cost, including calculations and supporting documents

3.11.5.6 Time impact analysis in CPM format

3.11.6 City’s Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

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14 3.11.6.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.7 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.11.8.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.11.8.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.11.8.3 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

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15 3.11.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.11.9 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.11.10.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.11.10.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.11 Government Code Claim Procedures.

3.11.11.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.11.11.2 In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3.11.11.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved

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16 after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

3.11.11.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.11.12 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injur y to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and

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17 authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance ag ainst claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000.00 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability:$1,000,000.00 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled

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18 or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

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19 3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

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

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

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

3.14.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

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

3.14.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.14.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.15 Bond Requirements.

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20 3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and

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21 manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.17.2 Equal Opportunity Employment. Contractor 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.

3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor 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 subcontractors and sub-subcontractors to comply with the same.

3.18 General Provisions.

3.18.1 City’s Representative. The City hereby designates the Recreation Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City,

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22 shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

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23 CONTRACTOR:

Commercial Door Metal Systems Incorporated
14610 Central Ave. Chino, CA 91710
Attn: Kerry Heminger – General Manager

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
With Copy To:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.18.10 Laws; Venue. This Contract 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 Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely

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24 for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, 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 Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violati on. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON FOLLOWING PAGE]

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25 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF UPLAND

AND COMMERCIAL DOOR METAL SYSTEMS INCORPORATED

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

CITY OF UPLAND

APPROVED BY:

Michael Blay
City Manager

ATTESTED BY:

Keri Johnson
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

COMMERCIAL DOOR METAL SYSTEMS

INCORPORATED

Signature

Name

Title

Signature

Name

Title

___________________________________
Contractor’s License Number and
Classification

___________________________________
DIR Registration Number

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Exhibit A- 1

EXHIBIT A

SERVICES/SCHEDULE
 REMOVE 7 GLASS DOOR OPENINGS

 FURNISH AND INSTALL 6 GLASS ALUMINUM DARK BRONZE OPENINGS WITH 3

PAIR OF GLASS DOORS WIDE STILE AND ONE SINGLE DOOR WITH BRONZE GLASS

 VON OUPRIN 9847 CONCEALED ROD

 VON DUPRIN 98 RIM DEVICE

 VON OUPRIN LEVER TRIM

 LCN 4040 BRONZE DOOR CLOSERS

 RAMP THRESHOLDS

 DOOR SWEEPS

 LABOR - PREVAILING WAGE REGULAR
 (TWO MEN HOURLY RATE)

 TRUCK, TOOLS & EQUIPMENT FEE

 BOND

NOTE: PONY WALL BUILT BY OTHERS AND BOARD UP.

NOTE: ANY WALL OR STUCCO PATCH BY OTHERS
Upland*-San Bernardino

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Exhibit B- 1

EXHIBIT B

CONTRACTORS BID

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Exhibit C- 1

EXHIBIT C

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

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Exhibit D- 1

EXHIBIT D

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

COMMERCIAL DOOR METAL SYSTEMS INCORPORATED

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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Exhibit E- 1

EXHIBIT E

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may r esult in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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Exhibit F- 1

EXHIBIT F

PAYMENT AND PERFORMANCE BONDS

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Exhibit G- 1 -

EXHIBIT G

FEDERAL REQUIREMENTS

NOT APPLICABLE

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

D A T E :J un e 13 , 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 A R C E LO B L A N C O, A C T I N G P O L I C E C H I E F

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

S U E G U T I E R R E Z , S E N I O R A C C O U N T I N G T E C H N I C I A N S U B J E C T :2 01 7 J U S T I C E A S S I S TA N C E G R A N T (J A G )

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 accep t th e C i ty's share of t he 2 01 7 J ustice A ssistance G ran t award i n th e am ou nt of $13 ,71 9 from t h e D ep art m en t of J u st ic e, B u reau of J u stice A s si st an c e; ap p rove th e exp end it ure p lan ; an d au th orize t h e C i ty M an ag er to execu te an ag reem ent w ith S an B ern ard in o C ou nty.

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 oal of p rovi d i n g safe and effect ive l aw en forcem en t for the citizen's of U p land .

B A C K G R O U N D
Th e U.S. D ep art m en t of J ustice h as rel eased th e local solicitation for J u st ic e A ssist ance G ran t (J A G ) un d er th e A m eri can Recovery A c t. J A G fun d s can b e u sed for l aw en forcem en t p rog ram s; p rosecut ion an d court p rog ram s; p reven ti on and ed u cat ion p rog ram s ; correction s and com m un it y c orrect ion s p rog ram s; d ru g treatm ent an d en forcem en t p rog ram s ; p lann in g , evalu ation, an d techn olog y im p rovem en t p rog ram s; and , crim e vi ct im an d wi tn ess p rog ram s.

A s such, p olice ag encies are allowed flexib ilit y t o p rioritize and u se th e fu nd s w here they are need ed m ost.

Th e C ou n ty of S an B ern ard i n o an d its cities are consid ered d isp arate. T he J A G leg islation req uires th at if a ci ty (or cities) recei ves one and on e-h alf tim es (1 50 p ercen t) m ore fu nd in g (four t im es or 40 0 p ercen t m ore for m u l ti p l e ci ti es) t han t h e c oun ty, there i s a fu nd in g d isp arity, and t h e u nits of loc al g overn m en t m u st ap p l y for an aw ard w ith a s in g l e, join t ap p lication . T herefore, the C ou n t y w ill act as t he F iscal A g en t an d will b e resp on si b l e for

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ap p lying for the g ran t on b eh alf of all t he q ualifying d isp arat e jurisd iction s. A s h as b een ag reed up on in the p ast, a 5 % ad m inistration fee w ill b e retain ed b y th e C oun ty. T he attach ed M em orand um of Un d erstand in g (I nterlocal A g reem ent) m u st b e sig ned b y each city.

I S S U E S /A N A L Y S I S
S taff m et to d is cu ss how th ese fu nd s b es t s erve the need s of th e Police D ep artm ent. E xces si ve sp eed cont in ues to b e a m ajor s afety com p lain t in th e cit y. T he p u rchase of p ole m oun ted s p eed si g n s will h elp d raw aw aren es s t o th e p u b li c’s sp eed concern s and rem in d t he p u b li c to m ain tai n s afe sp eed s. B y acc ep t in g t h i s g rant , th e U p lan d Police D ep artm ent w ill b e ab le to p urch ase these sig n s that oth erwise wou ld not have fu nd in g .

F I S C A L I M P A C T S
I n crease th e revenu e an d exp en d itu re b u d g et in fu nd 2 19 b y $13 ,71 9. E q u ip m en t p u rchased is 10 0% fu nd ed b y th e g rant and w ould h ave no im p act on the g eneral fu nd .

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
INT E RL O C AL AG RE E M E NT -J AG 2017

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

D A T E :J u ne 1 3, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : R O B E R T D. D A L Q U E S T, D E V E LO P M E N T S E R V I C E S D I R E C TO R

L I Z C H A V E Z , D E V E LO P M E N T S E R V I C E S M A N A G E R

G I O V I A N N I A R E L L A N O, R E H A B I L I TA T I O N P R O G R A M S

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

R E C O M M E N D A T I O N S R E L A T I V E TO E L I G I B L E C O M M U N I T Y

D E V E LO P M E N T B LO C K G R A N T (C D B G ) F U N D E D C O M M E R C I A L

R E H A B I L I TA T I O N 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 rec om m end ed th at the C ity C ou n c il accep t th e G ran t Review C om m ittee’s recom m end ation relative to elig ib ility an d fun d ing for the follow in g C om m ercial Rehab ilitation P rog ram (“C R P ” or “P rog ram ”) p art ic ip an t s: I n d ep en d en t O rd er of O d d Fellow s locat ed at 23 3 N . S econ d Aven ue, O m o M ercad o loc ated at 25 9-B E . A rrow H i g h w ay and M it ch ell ’s B uild in g located at 3 76 N . S econd Avenu e and P ro-F ive B rew in g C o. located at 1 05 E . A S treet.

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 t o elim inat e b li g h t an d p rom ot e econ om ic d evelop m ent activities in H istorical D ow ntow n U p land (“D ow ntow n”).

B A C K G R O U N D
Th e C ity of Up lan d ("C it y") ad m in is ters th e U.S . D ep artm en t of H ou si ng an d U rb an D evelop m en t’s (“H U D ”) C om m u nity D evelop m en t B lock G ran t (“C D B G ”) fu n d ed C R P t o assist b u sinesses loc ated i n D ow n t ow n to m ake C i ty ap p roved façad e im p rovem en ts that elim in ate b lig ht, fac il it ate com m ercial revit ali zat ion , p reserve an d b eaut ify h i st ori cal corri d ors an d up g rad e t he C it y’s D ow n tow n im ag e. I n th is im p roved D ow nt ow n en viron m en t , p rivate in vestm en t is en cou rag ed to exp an d , creatin g m ore d in in g an d shop p ing op p ortun ities

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w hereb y in creasi ng sales tax revenu es, loc al job s and p rovid in g a p leasan t w alki ng exp erien ce for the com m un ity.

Th e C R P fun d s b ase g ran ts u p to $30 ,00 0 for C it y ap p roved faç ad e i m p rovem ent s. A n ad d ition al $1 0,0 00 m ay b e p rovid ed b y t h e C ity vi a a $1:$1 m at ch in g g ran t op t ion w hereb y th e C it y m atc h es every d ol lar c on t ri b u ted b y th e p rog ram p arti ci p an t ab ove the b ase g ran t of $3 0,0 00 for th e C i ty ap p roved façad e i m p rovem en t s w hich are con si st ent w it h th e H istoric D ow ntow n U p lan d S p ecific P l an an d com p at ib le with U p l and H eritag e h is toric p reservation g oals, as wel l as, ad d ress in g t he p ractical c om m erc ial need s of th e ap p lican t b usin ess. I n the event th at a b u il d i ng ’s c om p on en ts t est p os it ive for t he p res en c e of l ead b ased p ain t or asb estos, as d et erm in ed b y an in d ep end ent lead /asb estos t est in g firm , an ad d i ti on al (up -to) $1 5,0 00 m ay b e p rovi d ed in P rog ram fu nd s t o offset t h e c ost s of ab atem ent and /or m itig ation of th ose h azard s to b e d isturb ed b y the construction activity.

I S S U E S /A N A L Y S I S
O n A u g u s t 9, 20 21 , J an u ary 2 7, 20 22 an d M ay 2 4, 2 02 2, th e C R P ’s G ran t Review C om m ittee (“G R C ”) com p rised of the C ity M an ag er, F inan ce O fficer, and D evelop m en t S ervices D irector review ed an d affi rm ed el ig ib il it y to p articip ate w ith t he P rog ram th e foll ow in g p rojec ts an d recom m end s ap p roval for:

P ro ject
N am e
Pro ject
A ddress
C R P
A m o unt
L ead/A sbesto s
A m o unt
P ro-F ive B rewing C o.10 5 E . A S treet $4 0,0 00 $15 ,00 0 I nd ep en d en t
O r d e r s of O d d
Fellows
23 3 N . S econ d Ave.$4 0,0 00 $15 ,00 0
O m o M ercad o 25 9-B A rrow H wy.$4 0,0 00 $15 ,00 0 M itch ell’s B uild in g 37 6 N . S econ d Ave.$4 0,0 00 $15 ,00 0 S u b -Totals:$16 0,0 00 $60 ,00 0
T O T A L C D B G A M O U N T :$220,000

Th e p rojects h ave or will m eet th e P rog ram ’s elig ib ility criteria as follow s:

1. B u siness is located with in th e H istorical D own town P roject Targ et A rea*

2. B u siness is com m ercially zoned

3. B u siness conform s to the H istorical D ow ntow n U p land S p ecific P lan

4. E xisting b u s in ess m ai nt ain s an ac ti ve C i ty b usin ess licen se or n ew b u siness w il l ob tain a C ity b usin ess licen se p rior to O ccup ancy Perm it issu ance

5. E xecu tes a five-year p rop erty m ain ten ance coven ant w ith the C ity

*Targ et A rea:

N orthern B oun d ary – A rrow H ig hway
E astern B ou nd ary – 3rd Avenu e
S ou th ern B ou nd ary – A S treet
Western B oun d ary – E u clid Avenu e

O nce C i ty C ou ncil con firm s t he elig ib ility recom m en d at ion of t h e G R C to all ow t he C R P ap p lican ts to p arti ci p at e in t h e p rog ram at t h ei r resp ecti ve (n ot-to-exceed ) fu n d i n g lim it s, b id d ocum ents are b e p rep ared b y S taff and th e p rojects are p laced out for in form al com p etitive p rocu rem ent b y th e p rog ram ap p li can t. T he p rog ram ap p l ic an t is req uired to su b m it a m inim u m of th ree q ualified b i d s to S taff wh ere th e lowest, m ost-resp on sive b id d er is aw ard ed th e con st ru ct ion c on t rac t. T he lowest, m ost-resp onsive b id d er i s d efi n ed as t he lowest b id d in g c on t rac tor t h at m ain tai n s a g ood stan d ing C al iforn i a c on t rac tor l icense, p rovid es p roof of g en eral liab ilit y an d workers c om p en s ati on insurance, reg i st ers th eir D u n s and B rad street (D U N S ) nu m b er w ith t h e U.S. S yst em for Aw ard M an ag em ent an d ob tai ns a U ni q u e E n tity

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I d entification n u m b er, is reg ist ered with th e C ali forn ia D ep artm ent of I n d u s trial Rel ati ons as a p u b lic works con tract or, as w ell as m eets al l fed eral lab or com p l ian ce an d S tat e p revailin g w ag e d ocu m en tation req uirem ents of the p rog ram .

F I S C A L I M P A C T S
Th e C R P p rovi d es b as e g ran ts up to a m axim u m of $30 ,00 0 wi th an ad d it ion al u p t o $10 ,00 0 in m atching g ran t fun d s for every d ollar of p rivat e fu nd s p rovid ed b y th e p rog ram p articip an t; sh ould lead b ased p aint and /or as b es tos h azard s b e id en t ifi ed b y an i n d ep en d en t t est in g firm , ab atem en t fun d ing c an b e ad d ed t o th e p rojec t u p to $1 5,0 00 . For t h e p rop osed C R P p rojects listed ab ove, S taff seeks ap p roval to u se u p to $220,000 of fed eral C D B G fu nd s.

Th ere is n o fiscal im p act to th e G eneral F un d relative to fin ancin g of these p rojects.

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
Grant Review Committee Recommendations

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

D A T E :J u ne 1 3, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H E A 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 : R O B E R T D. D A L Q U E S T, D E V E LO P M E N T S E R V I C E S D I R E C TO R

J A M I E D A V I D S O N , A D M I N I S T R A T I V E A N A LY S T S U B J E C T :C O N S I D E R A P P R O V A L O F A F O U RT H A M E N D M E N T TO T H E

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 A N N E A LTA G R O U P, I N C .

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 t h at th e C it y C ou ncil ap p rove th e Fourth A m en d m ent to th e A n nealta G rou p , I n c. ag reem en t for c ons ul tan t services, exten d ing th e c on t rac t for one year and an am ou nt not to exceed $29 5,0 00 and authorize th e C ity M anag er to execu te the am end m 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 ort s the C i ty's g oal to p rovid e t im ely cu st om er service an d en s u re an exp ed ited d evelop m en t review p rocess.

B A C K G R O U N D
S ince 2 01 4, th e D evelop m en t S ervices D ep artm en t has u ti li zed p rofes si on al con su ltin g services t o p rovi d e im p roved c u s tom er servic e an d fl exib le con tract staffing in a flu ctuatin g p roject workload en vironm ent. T he p rofession al services un d er the A g reem ent h ave h elp ed to stream line th e d evelop m en t review an d entitlem ent p rocess an d th e b uild in g p erm ittin g p rocess. D evelop er d ep osi ts are collect ed to p artially off-set g en eral fun d exp en d itu res for the con su ltant s ervi ces . T h e d ecision to u ti li ze consultan t servic es was b ased on a 20 14 B lue R ib b on C om m ittee’s recom m end ation and U p land 's staffing levels b ein g typ ically low er th an sim ilar si zed cit ies. U sing con tract em p loyees allow s t h e D evelop m en t S ervi ces D ep art m en t to b etter resp on d to ch ang in g d em an d s for services from th e d evelop m ent com m u nity.

Th e C it y an d A n n eal ta G roup en tered in to an A g reem en t for p rofess ion al con su lt an t services on J u l y 1 , 2 01 7 (t h e “O ri g i nal A g reem en t”) for t he p eriod of J ul y 1 , 2 0 1 7 t h rou g h J u ly 1, 20 20 (th e “Term ”). Th e O rig in al A g reem ent p rovid ed that th e Term m ay b e extend ed for

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th ree (3 ), one-year ad d ition al term s. P ursu ant to the O rig in al A g reem en t, the A nn ealta G rou p cu rrently p rovid es p rofess ion al services for a p art-tim e c ont rac t S en i or P lann er i n t h e P lann in g D ivision, an d a contract B uild in g Perm it Tech nician in the B uild in g & S afety D ivision .

O n A u g u st 13 , 20 18 , t h e C it y C ou ncil ap p roved an A m en d m en t to the A g reem en t to clarify th e t otal fu n d in g p lan over t h e three-year term w it h a “not t o exceed ” t otal of $1,3 75 ,00 0, w hich consisted of $3 74 ,95 1 for F Y 20 17 -18 , $46 2,4 80 for F Y 20 18 -19 an d $5 37 ,56 9 for F Y 20 19 -20 .

O n M ay 26 , 20 20 , th e C i ty C ou ncil ap p roved a S econd A m end m en t t o th e A g reem en t wh ich utilized th e first of t hree, on e-year ext ens ion s an d exten d ed th e t erm of t h e A g reem en t from J u ly 1 , 20 20 , to J uly 1, 2 02 1 at a “not to exceed ” am oun t of $33 6,6 40 .

O n M ay 10 , 20 21 , t he C i ty C oun cil ap p roved a T hi rd A m en d m en t to th e A g reem en t wh ich utilized th e s econ d of th ree, on e-year exten sions an d extend ed th e t erm of t h e A g reem en t from J u ly 1 , 20 21 , to J uly 1, 2 02 2 at a “not to exceed ” am oun t of $30 5,0 00 .

O n A p ri l 7 , 2 02 2, the C i ty M anag er ap p roved an in crease of 2% or $6,1 00 to th e Th ird A m end m en t, am en d ing t he “n ot to exceed ” am oun t to $3 1 1 ,1 0 0 to m ain tain our l evel of service.

I n F iscal Year 20 21 -22 th e P l an n in g M an ag er p osit ion w as c han g ed to an em p loyee. A n nealta p rovid ed a consultan t P lann in g M an ag er d urin g th e recruitm ent p rocess. S in ce th e p osition has b een filled , A nn ealt a h as p rovid ed S enior P lann er services in wh ic h th e d u t ies , h ou rs, an d rates h ave all d ecreased .

I S S U E S /A N A L Y S I S
S ince N ovem b er 2 01 5, A n n eal ta’s as si g n ed staff m em b ers have p rovid ed excel len t servic e to th e D evelop m ent S ervices D ep artm en t in a th orou g h an d p rofession al m an ner, an d sig n ifican tly con trib ut e to th e D ep artm en t’s ab i li ty to effi ci ent ly serve our custom ers. T he S en ior P lann er will b e assig n ed com p lex p lan ni ng cas es an d w i ll b e t asked to p roc ess a nu m b er of rez on i n g s b as ed on th e work p rog ram i n th e 2 02 1-2 02 9 H ousin g E lem ent U p d ate.

Th e B u il d i n g Perm i t Tec h n ic ian h an d les a si g n ifi can t w orkl oad in p rocessin g b u ild ing p erm its and is th e m ain staff p erson wh o d eals with the d evelop ers, con tractors, an d p rop erty ow ners over the p hon e and at the coun ter.

Th erefore, it is necessary to am en d t he O ri g i n al A g reem ent t o au th ori ze a on e-year exten sion of t h e c on t rac t from J ul y 1, 2 02 2, to J u ne 30 , 20 23 , an d to fu nd th e ad d ition al on e-year exten sion for th e two con tract st aff at a “not to exc eed ” am ou n t of $2 95 ,00 0 (roun d ed ). T his is b ased on a cost for th e p art-t im e con tract S en ior P lann er at $1 45 ,00 0 ($13 5/h our for 1 ,04 0 hou rs), th e fu ll -ti m e B u il d i n g Perm i t Techn ician at $1 15 ,00 0 ($6 0/h ou r for 1 ,88 0 hou rs/year), and $35 ,00 0 reserved for fu tu re staff coverag e as n eed ed . I n staff’s exp erience an d b ased on a recen t survey from ot h er con su lt in g firm s, th e hou rly rates p rovid ed b y A n n ealt a G rou p is su p erior to other con su ltin g firm s.

F I S C A L I M P A C T S
Th e p rop osed Fou rth A m end m en t w ith A n nealta for th e on e-year exten sion w ill not exceed $2 95 ,00 0 an d is inclu d ed in th e F Y 2 2 /2 3 G en eral F un d D evelop m en t S ervic es op eratin g b u d g et to th e t un e of $1 75 ,00 0. T h e rem ain in g $1 20 ,00 0 w il l b e fu n d ed b y the Loc al E arly A ction P lan ning (L E A P ) G ran t b ud g eted in F un d 2 17 .

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

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AT TAC HM E NT S :

Description
F ourth Amendment to Agreement for Consultant S ervices with Annealta Group, Inc Original Agreement, and F irst, S econd, and T hird Amendments for Consulting Services with Annealta Group, Inc

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1 FOURTH AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND AND
ANNEALTA GROUP, INC.

THIS FOURTH AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT (the "Fourth Amendment") is made as of the 13th day of June 2022, by and between the City of Upland (the "City"), and Annealta Group, Inc., a California corporation (the "Consultant"). Collectively, City and Consultant are referred to herein as the "Parties".

WITNESSETH THAT:

WHEREAS, City and Consultant previously entered into an original Professional Consultant Services Agreement (the "Original Agreement") dated July 1, 2017 (the "Commencement Date") for the service delivery period of July 1, 2017 through June 30, 2020 (the "Term"); and
WHEREAS, pursuant to the Original Agreement, during the Term the Consultant is to provide a variety of professional services tasks in support of the City's Development Services Department, as defined within Exhibit "A" to the Original Agreement; and WHEREAS, as of the Commencement Date, the City obtained professional services in support of its Development Services Department from three (3) different consulting firms, of which the Consultant was one; and
WHEREAS, the City's projected combined three-year budget estimate for the cost of services from the three consulting firms was $1,500,000; and WHEREAS, due to a variety of factors including, but not limited to, a need to adapt to changing demands for services to the public and to increase efficiencies of service delivery in terms of quality and cost, during FY 2017-18 the City consolidated its consulting services provided by three consulting firms into one, i.e., with the Consultant; and
WHEREAS, the skills sets of the Consultant's assigned staff members together with the billable rates applicable thereto are superior to the other two consulting firms that formerly provided professional services tasks in support of the City's Development Services Department; and
WHEREAS, on August 13, 2018, the City Council approved an Amendment (the "First Amendment") to the Agreement to clarify and increase the total funding plan over the three year term with a "not to exceed" total of $1,375,00, to offset the costs for Consultant's services to fulfill tasks formerly provided by other consulting firms and to confirm the Consultant's changes to its professional service rates during FY 2019-20 (the third year of the three-year Term); and
WHEREAS, on May 26, 2020, the City Council approved an Amendment (the "Second Amendment") which utilized the first of three, one-year extensions and extended the term of the Agreement from July 1, 2020 to July 1, 2021 at a "not to exceed" amount of $336,640; and
WHEREAS, on May 10, 2021, the City Council approved an Amendment (the “Third

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2 Amendment”) which utilized the second of three, one-year extensions and extended the term of the Agreement from July 1, 2021 to July 1, 2022, at a “not to exceed” amount of $305,000; and
WHEREAS, on April 7, 2022, the City Manager approved an increase of $6,100 (or 2%) amending the “not to exceed” amount of the Third Amendment to $311,100 through June 30, 2022; and
WHEREAS, Consultant confirms that it is able to continue to provide the professional services tasks, as defined in the Original Agreement; and WHEREAS, the City and Consultant agree to extend the Original Agreement, as amended, for One Year pursuant to Section 1 of the Original Agreement beginning July 1, 2022 and ending June 30, 2023 at a one-year budget allocation of $295,000, as further described herein and as depicted in Exhibit "A" Payment Rates and Schedule for Fiscal Year 2022-23; and
WHEREAS, Consultant's costs are included with City's FY 2022-23 budget and are predominately funded from developer deposits, user fees, and grant funding; and WHEREAS, it now becomes necessary to amend the Agreement, as previously amended, and the Parties are desirous of such amendment.

NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties amend the Agreement, as previously amended, as follows:

1. Section 5, PAYMENT, Subsection (a) is amended to include a sentence at the end of said subsection to read as follows:
"For Extended Year Three beginning July 1, 2022, and ending June 30, 2023, the total amount payable to Consultant for its professional services tasks shall not exceed a total of $295,000, as set forth in Exhibit "A" of the Fourth Amendment, unless specifically authorized by the City Manager, or designee."

2.All remaining provisions of the Original Agreement shall remain the same. (Signatures on Following Page)

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3 IN WITNESS WHEREOF, the City and Consultant have approved this Fourth Amendment to the Original Agreement effective the day and year first above written.

CITY: CONSULTANT:

City of Upland Annealta Group, Inc.

By: __________________________ By: ___________________________ Michael Blay, Tim D’Zmura,
City Manager President
ATTEST:

By: __________________________
Keri Johnson,
City Clerk
APPROVED AS TO FORM:

By: __________________________
Stephen Deitsch,
City Attorney

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1 | P a g e

ANNEALTA GROUP - HOURLY RATES FOR SERVICES
FISCAL YEAR 2022-23
Title Rate
Planning Manager 150
Senior Planner 135
Associate Planner 115
Assistant Planner 100
Planning Technician 80
Building Official 130
Deputy Building Official 115
Structural Plan Check
Engineer
135
Senior Plan Checker 120
Plan Checker 105
Assistant Plan Checker 95
Permit Tech III 60
Permit Tech II 55
Permit Tech I 50
CASp Specialist 150
Building Inspector I 75
Building Inspector II 80
Building Inspector III 85
*Building Plan Checks – 65% of city fee collected

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

J A M I E D A V I D S O N , A D M I N I S T R A T I V E A N A LY S T S U B J E C T :C O N S I D E R 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 W I T H I N T E R W E S T C O N S U LT I N G G R O U P, I N C .

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 t hat th e C it y C ou ncil ap p rove th e P rofes si onal S ervices A g reem ent w ith I n terw est C on su lt in g G rou p , I n c. (“I n terw est”) an d au th ori ze th e C ity M an ag er t o execut e the A g reem ent.

G O A L S T A T E M E N T
Th e p rop osed ac ti on su p p ort s the C i ty's g oal to p rovid e t im ely cu st om er service an d en s u re an exp ed ited d evelop m en t review p rocess.

B A C K G R O U N D
S ince 2 01 4, th e D evelop m en t S ervices D ep artm en t has u ti li zed p rofes si on al con su ltin g services to p rovid e im p roved cu st om er s ervi ce an d to p rovid e flexi b l e c on t rac t staffing i n a flu ctuatin g p roject workload environ m en t. T he p rofessional services u nd er the A g reem en t have h elp ed t o stream lin e th e p l an review an d b uild in g p erm it ti ng p roces s. B u il d i n g Perm it fees an d vacan t salaries off-set g en eral fu n d exp en d i tu res for the con su lt an t servic es. T he d ecision to ut ilize con su lt an t servi ces was b as ed on a 20 14 B l u e R i b b on C om m ittee’s recom m end ation and U p land 's staffing levels b ein g typ ically low er th an sim ilar sized cities.

U sing contract em p loyees allows the D evelop m en t S ervices D ep artm ent to b etter resp on d to ch ang in g d em an d s for services from th e d evelop m ent com m u nity.

Th e C ity an d I n terw est C ons ul ti ng G rou p , I n c . (I n t erwes t) p reviou sl y en tered in to a P rofession al S ervices A g reem en t on Feb ru ary 18 , 2 01 4 for $50 ,00 0 in wh ic h b uild in g in sp ection c overag e w as p rovid ed . T he p rovis ion s of th e con tract al lowed for th ree on e-year exten sions.

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L ater, th e C ity ent ered an oth er P rofes si onal S ervices A g reem ent with I n terw est on J u ly 1, 20 17 , for a t h ree-year term , w it h th e p oten ti al for two (2), one-year ad d itional on e-year term s. T he F i rs t A m en d m ent t o t h e A g reem en t occ urred on N ovem b er 26 , 2 01 8, wh ich clarified a d i sc rep an c y w hen t h e O rig in al A g reem en t w as ap p roved ; t h e C ont ract am ou n t w as $2 50 ,00 0 an nu ally for t h ree years. O n M ay 26 , 20 20 , th e C i ty C ou ncil ap p roved a S econ d A m end m en t to th e A g reem en t wh ich ut ilized th e fi rs t of two, one-year ext en s ion s extend in g th e term t o J u ly 1, 2 02 1, n ot t o exceed $19 4,0 00 . O n M ay 1 0, 2 02 2, t he C it y C oun cil ap p roved a Th ird A m end m en t to th e A g reem ent, wh ich ut ilized th e fi n al of tw o, on e-year exten sions ext en d in g t he term t o end J u ly 1, 2 02 2, n ot to exceed $21 0,0 00 . P u rsu an t to the term s of th e O rig in al A g reem en t , on J u ne 2, 20 22 , t h e C ity M anag er ap p roved a sub seq uen t in crease of 5 .3% or $1 1,1 00 , am en d ing th e con tract am ou nt to n ot exceed $22 1,1 00 .

C u rrently, I n terw est p rovi d es p rofession al servic es for on e con tract or w h o works th irty (3 0) hou rs p er w eek and p rovid es a com b in ation of B uild in g O fficial an d S enior P lan C h eck E ng in eer servic es in the B u il d i n g & S afety D i vis ion . A d d it ion all y, I n terw est occasionally p rovid es con su lt ant Perm i t Tech nician and B u i ld in g I nsp ection services w h en em p loyee vacation s/sick leave an d p roject workload n ecessitate tem p orary services, as d efin ed w ithin E xhib it “A” to the A g reem en t.

I S S U E S /A N A L Y S I S
To ensure t h e services t hat I n t erwes t p rovid es t o t h e D evelop m ent S ervi ces D ep art m en t an d com m u nity con ti n u e un in terru p t ed , st aff is s eekin g C it y C ou n ci l ap p roval of th e P rofession al S ervices A g reem en t w it h I n terw est for three years b eg inn in g J u ly 1 , 20 22 an d en d ing J u ne 30 , 20 25 in an am ou n t n ot t o exceed $23 0,0 00 for th e first year. Th is will enab le s taff to con tinu e to u t il ize I nt erwes t’s servi ces for B uild in g O fficial an d S en i or P l an C h eck E ng in eer.

I n terw est’s ass ig n ed st aff m em b er is an exp erienced B u il d i n g O ffic ial w ho p rovid es excellen t B u ild ing O fficial and P l an s E xam in er services and is a licensed C ivil E n g i neer an d certified P lans E xam i ner. H e is w ell kn ow n in th e B uild in g & S afet y in d u st ry and sig nificantly con trib utes t o th e D ep artm en t’s ab ility t o efficiently serve ou r c u s tom ers . I n ad d i ti on , S tate L aw req u i res t hat a B u i ld in g O fficial that overs ees th e activities of a city b u i ld in g & safety d ep artm en t b e eit h er a C ert ified B u il d i n g O fficial (C B O ) or a con tract or th at is a l ic en s ed C ivil E ng in eer (P.E .).

Th e cos t of $23 0,0 00 is b ased on a cost for th e B uild in g O fficial/S en ior P l an C h eck E ng in eer at $2 0 5 ,0 0 0 ($13 3/h ou r for 3 0/h ou rs a week), an d $25 ,00 0 for su p p lem ental b uild in g in sp ection and p erm it t ech ni ci an p er d iem services. I n st aff’s exp eri enc e an d b as ed on a recent survey from oth er con su lt in g firm s, t he h ou rl y rate is s u p eri or as th e B u i ld in g O fficial p osition with other consulting firm s g en erally ran g es from a m in im um of $1 35 p er hou r to $2 00 p er hou r.

F I S C A L I M P A C T S
Th e P rofess ion al S ervic es A g reem en t w i th I n t erwes t w il l not exceed $2 30 ,00 0 for th e first year. Th e fu ll c ost is g en erally offset b y p l an ch eck fees, b u il d i ng p erm it fees, an d b u d g et saving s from vacant salaries of t h e B u i ld in g O ffi ci al an d P lan s E xam in er p osi ti on s . F u n d in g for th is ag reem en t i s in clud ed in t h e F iscal Year 20 22 -23 op erati n g b ud g et for t h e D evelop m en t S ervices D ep artm en t, B uild in g & S afety D ivision .

A n in crease of $10 ,00 0 i s need ed in B u il d i n g P rofes si onal S ervices, d u e t o a rate in crease for th e B u i ld in g O ffi ci al, t hat w as n ot avail ab l e d u ri ng th e d evelop m ent of t he F Y2 2/2 3 op eratin g b u d g et. T he D evelop m ent S ervices D ep artm en t will m ake this ad justm ent at M id -Year.

B oth th e ag reem en t and fun d ing for years t w o and t hree w ill b e ad d ressed ann ual ly b y way of an ag reem ent am en d m ent and in clud ed in the d evelop m en t of the ap p rop riate fiscal year op erating b u d g et. B oth of w hich w ill b e ap p roved b y C ity C ou ncil.

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

AT TAC HM E NT S :

Description
Professional S ervices Agreement for Consultant Services with Interwest Consulting Group, Inc.

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1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 13, 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 Interwest Consulting Group, Inc., a corporation, with its principal place of business at 1 Jenner, Suite 160, Irvine, CA 92618 (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:

Building and Safety consultant staffing services (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 “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $230,000 for the first year. Budget allotments for years two and three will be addressed annually as an amendment to this contract, upon mutual written consent. 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 twenty-three thousand dollars ($23,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed two hundred fifty-three thousand dollars ($253,000.00). Any additional work in excess of this amount shall be approved by the City Council.

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2 3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a 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 July 1, 2022 to June 30, 2025 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement for two, one-year additional terms. 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”). The Notice to Proceed shall set forth the date of commencement of work.

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.

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3 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
(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.

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4 (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.

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5 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. (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.

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6 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 and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

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7 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 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

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8 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.

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.

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9 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.

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 Paul Meschino 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.

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10 21. 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:

DISTRICT:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Robert Dalquest
Development Services Director
CONSULTANT:

Interwest Consulting Group, Inc.
444 N. Cleveland Avenue
Loveland, Colorado 80537
Attn: Paul Meschino
Vice President of Operations

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,

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11 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
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]

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12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND INTERWEST CONSULTING GROUP, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF UPLAND INTERWEST CONSULTING GROUP, INC.

By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By:

Keri Johnson
City Clerk

ATTEST:

By:

Stephen P. Deitsch
City Attorney

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13 EXHIBIT A
Scope of Services

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Upland , CA – Scope of Services
Interwest Consulting Group

Building Department Services
BUILDING OFFICIAL SERVICES | BUILDING DEPARTMENT ADMINISTRATION Our certified Building Officials are intimately familiar with the procedures and processes that need to be maintained to ensure a building department runs smoothly. They effectively work with all staff and departments. At the City’s request, Interwest can provide Building Official Services on a part-time or full-time basis. Building Official areas of responsibility may include:
+ Building Department Administration
+ Quality control review of plan checks and inspections + Building Code updates for Municipal Code adoption
+ Resident inquiries and complaints
+ Configuration, implementation, and on -going support of an automated permitting system + Review discretionary applications for preliminary compliance with construction codes + Coordination of a proactive abatement program
+ Building & Safety Procedures Manual
+ Monthly/Annual Reporting of Building Safety Activities + Attend Commission and City Council meetings (as needed)

BUILDING PLAN REVIEW SERVICES
All plans examination services will be performed by a licensed Civil or Structural Engineer, and/or an ICC Certified or otherwise qualified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our other regional offices. Our plans examiners understand and are intimately familiar with applicable building codes and plan review procedures and policies and will readily assist with solutions to complicated plan review issues.

Our staff will work with project applicants in a collaborative and professional manner to quickly identify and resolve violations of codes, standards or local ordinances. They will provide thorough plan reviews in an effort to ensure complete and accurate construction documents to minimize questions and problems during the construction phase of projects.

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Upland , CA – Scope of Services
Interwest Consulting Group

Technical Capabilities in Plan Check
Areas
Interwest staff possesses significant
technical capabilities in all areas of plans
examination competence. Plans
examiners are licensed engineers and/or
ICC Certified or otherwise qualified Plans
Examiners with extensive experience
providing plan review services. Plans
examination activities will be performed under the direction of a California licensed professional engineer and/or licensed architect. Our staff will conduct accelerated plan review on as as -needed basis as requested by the Building Official.

Non-Structural Life Safety
Interwest’s non -structural plans examiners furnish plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 3 medical office buildi ngs. Many of our plans examiners are CASp certified. Completed plan review projects range from single -story residential projects to complex high rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following codes:
+ California Building Standards Code
+ Americans with Disabilities Act Standards for Accessible Design + ANSI Standards
+ NFPA Codes & Standards
+ CA Code of Regulations (CCR) Titles 19 and 25
+ Jurisdiction-adopted amendments or ordinances
Structural
Our California -licensed Structural Engineers have experience designing and reviewing projects utilizing virtually all building materials:
+ Wood
+ Masonry
+ Heavy Timber / Timber Frame
+ Concrete
+ Structural Steel
+ Cold-Formed Steel Framing
+ Straw Bale
+ Rammed Earth
+ Aluminum
Our engineers have designed or reviewed a wide array of lateral force resisting systems including:
+ Steel Moment Frames
+ Buckling Restrained B raced Frames
+ Eccentric Braced Frames
+ Concentric Braced Frames
+ Concrete Moment Frames
+ Wood Shearwall Systems
+ Masonry Shearwall Systems
+ Concrete Shearwall Systems
+ Cantilevered Column Systems
+ Various Proprietary Lateral Force Resisting
Systems
Our structural engineers are experienced with the provisions of most model codes including, but not limited to, current versions of:
+ CCR Title 24, Part 2, Volume 2
+ AISC 341, 358 and 360
+ ASCE 7
+ ASCE 41
+ AISI Standards for Cold Formed Steel
+ ANSI / AF&PA NDS for wood framing

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Upland , CA – Scope of Services
Interwest Consulting Group

+ ACI 318
+ ACI 530 / TMS 402/602
+ CA Historic Building Codes
+ CA Existing Building Codes
+ NEHRP Requirements for Existing Building
Mechanical, Plumbing & Electrical
Interwest’s California -licensed Mechanical and Electrical Engineers are well -versed in the application California Mechanical, Plumbing, Electrical, Energy and Green Building Standards Codes:
+ California Building Code
+ California Residential Code
+ California Plumbing Code
+ California Mechanical Code
+ California Electrical Code
+ Jurisdiction-adopted amendments or
ordinance
Energy Compliance
Our engineers and plan reviewers are up -to-date on all California Energy requirements as t hey relate to both new and remodel construction on large residential and commercial projects. The Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.

Green Building Standards
Our staff is familiar with the incorporation of CALGreen building cri teria into project designs and the resulting potential impact as related to the building codes. In addition, staff members have participated in the development of various “green” standards for super adobe, rammed earth, and straw bale construction, to name a few.

LEED
Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations and maintenance solutions. LEED certificati on consists of a number of different rating systems that apply to many building types — commercial as well as residential and measures how well a building performs across many sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.

Access Compliance – CASp Review
All of Interwest’s CASp -Certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our goal is to provide experts in the industry who can perform services for building departments by customizing our services to correspond with our client’s expectations and needs. We work collaboratively with our clients to resolve plan review and inspection related issues as efficiently as possible, ultimately resulting in an expedited process and successful project.

Our architects and plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance regulations and are available for plan review and/or evaluations and consultation. We offer support to municipalities for compliance enforcem ent and/or developing a transition plan towards compliance, and successfully partner with the disabled community to address the needs and requirements for both entities.

We can assist our clients in interpreting various issues relating to access compliance , such as access compliance obligations, transition planning, construction costs, construction phasing, code ‘interpretation,’ hardship and code changes.

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Upland , CA – Scope of Services
Interwest Consulting Group

Flood Zones
Interwest’s staff of engineers and plans examiners have experience in providing plan revie ws for projects located in flood zones, as several of our clients have developments that occur in areas prone to flooding. Interwest’s staff has provided numerous plan reviews for projects located in flood zones using FEMA’s Technical Bulletins as well as the local jurisdiction’s ordinances. In addition, members of Interwest’s staff have participated in state - sponsored committees to establish guideline and regulations for construction in areas designated as flood zones.

OSHPD 3
Our staff of plans examiners has extensive experience in providing plan reviews for OSHPD 3 projects. Our staff is well versed with the OSHPD 3 requirements contained in the California Building Code. We also have OSHPD certified inspectors available on an as -needed basis.

Code Interpr etations
Code interpretations are subject to final review and approval by the Chief Building Official, or City designated staff.

Interwest’s engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official or Fire Marshal make an informed decision. All plan review comments are subject to review and approval by the City Building Department.

Transporting Plans
Although most of our clients have transitioned to electronic plan review, if the City allo ws/receives paper submittals, Interwest will arrange for all pick -up and delivery of plan review documents from the City at no cost. Interwest uses varied methods of pick -up and delivery with the goal of providing same -day service.

Special Projects
Interwest is able to accommodate special project plan review needs such as fast -track, multi-phased, or accelerated plan reviews. We establish project specific turn -around goals and procedures with jurisdiction staff for these types of projects based on the compl exity of the projects as well as the construction schedule.

Our staff of engineers and plans examiners will work with the City as well as with applicants and designers to resolve all plan review issues. Our staff will deal directly with applicants and thei r designers during the plan review process to resolve all issues. Interwest will furnish assigned personnel with all materials, resources and training necessary to conduct plan reviews, including a current copy of the applicable City amendments, policies, procedures and forms.

Communicating Plan Review Results
Plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest will provide the City a cl ear, concise and thorough document from which clients, designers, contractors and owners can work. At the completion of each plan review cycle, Interwest will return an electronic and hard copy of the plan review comment list to the designated applicant and City representative. Upon completion of the plan review, after all plan review issues have been resolved, Interwest will provide two complete sets of all final documents annotated as “reviewed” to the City for final approval.

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Upland , CA – Scope of Services
Interwest Consulting Group

Maximum Turnaround Times
We consistently complete 99% of our customers’ plan review times on schedule Statewide for both commercial and residential projects as our standard business practice. We work hard to accommodate any turnaround schedule desired by the City. Multi -disciplinary reviews are typically performed in our offices, but we are available for onsite work when required, upon the City’s request.

Type of Job Maximum Turn Around Time
First Check Re-Check
Residential
New Construction 10 Business Days 5 Business Days
Addition 10 Business Days 5 Business Days
Remodel 10 Business Days 5 Business Days
Non-Residential
New Construction 10 Business Days 5 Business Days
Addition 10 Business Days 5 Business Days
Remodel / Tenant Improvement 10 Business Days 5 Business Days Large Complex Commercial Projects Turnaround Time Negotiated on a Project -by- Project Basis
Interwest is also able to accommodate special project plan review needs, such as , Solar/PV. fast-track or expedited reviews. We establish specific turnaround goals and procedures with jurisdiction staff for these types of projects.

Electronic Plan Check Services
Interwest currently provides electronic plan review
services for multiple jurisdict ions throughout
California, and we are prepared to provide
electronic plan check to your department. We are
familiar with many electronic plan review
platforms.

More and more jurisdictions are seeing the benefits
of electronic permit and plan check, especi ally for
large, complex projects. Electronic plan check
services deliver many benefits to municipalities,
including substantially improved turnaround times;
instantaneous comments to the developer,
applicant or architect; secured accessibility to documents ; and reduced paper storage. Our staff is experienced providing electronic plan review and can work closely with the City on any electronic plan check software program that is utilized. Our goal is always to collaborate with and support the building depart ment by providing thorough, accurate and timely plan reviews.

On-Site Consultant Services & Meeting Attendance
Our staff is available for pre -construction or pre-design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre -construction and pre- design meetings associated with projects that we plan review are considered part of the plan review service.

Interwest’s engineers and plans examiners will be available to mee t with City staff, the design team, applicants, and/or contractors, at the City’s request, to discuss and resolve plan review and code related issues. We will be

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Upland , CA – Scope of Services
Interwest Consulting Group

available within one (1) business day to respond to questions from the City that may be genera ted during field inspections for each authorized plan check that is subsequently issued a permit for construction. Voice mails, e - mails and faxes will be responded to as quickly as possible, always within 24 hours.

Plan Review Tracking Methods & Billing Process
Our staff has experience working with most project tracking databases utilized by building departments. Our staff will update electronic records and make project related database entries as directed by the City.

We will create and maintain a Jurisdiction File containing our research on any unique amendments or specifications required by your jurisdiction, billing arrangements, contact information and any special requests you would like us to keep in mind.

Interwest uses a custom -designed database to maintain and track all plans throughout the review process from the moment you request a pick -up and/or shipment to delivery of the final, approved documents. Information such as project name, City’s project number, assigned plan reviewer(s), date documents were received, plan review cycle and completion date for current review can be provided. In addition to standard phone communication, custom reports can be emailed.

In addition, we can provide online tracking for the City with a custom -designed web template geared to provide any reporting and information needs required.

Our staff is available during normal business hours to answer questions via phone or email regarding the actual plan review in progress. We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller, we will return calls no later than 24 hours.

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Upland , CA – Scope of Services
Interwest Consulting Group

BUILDING INSPECTION SERVICES
Interwest’s assigned building inspection staff will perform inspec tion services, as needed, to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non -compliance with applicable building and fire codes. Our field inspection services will include site ins pections and writing legible and understandable correction and violation notices and field reports. In addition, we will be available to answer in-person or telephone inquiries.

We understand that municipal codes may be frequently updated, so we will ensur e that the projects we are inspecting are compliant with current code requirements. More specifically, we will ensure compliance with Title 24 California Building Codes, parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12, covering structural, fire prevention , life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historical buildings.

Interwest’s ICC / CASp certified inspectors have performed bot h building and fire inspection services on a wide variety of construction projects including new residential developments, large custom homes, and commercial, institutional, assembly, essential service buildings and industrial projects. When necessary for large or fast -track projects, multiple inspectors are available.

Interwest’s inspectors will provide field inspections including site inspections of projects to verify conformance with approved drawings and specifications which will include review of the p ermit documents to verify that onsite conditions are consistent with the approved documents for square footage, setbacks, heights and any other applicable conditions. At the completion of inspections, Interwest’s inspectors will complete all necessary City forms and documents as required to provide seamless service.

We understand that personality and customer service is crucial to on -the-job success, therefore, we have selected inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC and / or CASp certified as required.

Inspector Qualifications & Certifications
Interwest retains inspectors who are motivated to achieve the highest leve l of experience and certification. We work hard to match your jurisdiction’s level of safety and code compliance. All Interwest inspectors are ICC - certified.

Inspection personnel assigned will be able to read, understand and interpret construction plans, t russ drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards.

Inspection Schedule
Interwest will work with your organization to provide inspection staff in a timely manner. Our inspectors are familiar with a mu ltitude of jurisdictional scheduling and tracking systems and can quickly adapt to jurisdiction requirements. Emergency inspections (usually requests that pertain to a serious or urgent life/safety issue) can be provided as they are needed; nights, weekend s and holidays. Many of our inspectors are also available to serve at the public counter when needed.

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Upland , CA – Scope of Services
Interwest Consulting Group

PERMIT TECHNICIAN SERVICES
All Permit technician services are crucial to the success of the entire building safety process as they are the first impression the public gets of your building department. Contact with the public at this initial point sets the tone for any additional interaction through the life of a project whether engaging the homeowner, architect, developer or contractor or ot her community member. Delivery of excellent customer service, maintaining a smooth flow of documents and plans throughout departments, and tracking and reporting, are all key elements to furnishing first -rate, efficient and a memorable experience to your c lients.

At the request of the City, we will provide one or more Building Permit Technicians to the City. Our Building Permit Technicians will welcome and work closely with customers at the public counter answering all questions. They will provide informati on about permit applications, plan review and inspection requirements, will be excellent at organizing and maintaining the filing systems necessary for tracking in -progress applications, permits issued, plan check in progress, approved plans and any other information required by the City. Resumes for proposed Building Permit Technicians will be presented to the Chief Building Official for approval and acceptance prior to providing services.

Services provided by the Building Permit Technician may include:
+ Provide customer support and assistance at the permit center counter and over the phone. + Assist the public in completing permit applications and other necessary forms. + Determine permit, plan and process requirements for permit applicants and notifying the ap plicant when construction documents or permits are ready for pick up or issuance. + Answer questions quickly and correctly directly from the public, from phone calls and emails. + Receive, process and issue building permits and coordinate the plan review and i nspection process, including tracking, routing and storage of plans.
+ Review permits application and other pertinent information to verify accuracy and completeness of information.
+ Maintain a variety of public records and filing systems necessary for tracki ng in-progress applications, permits issued, plan checks in progress, approved plans and other counter related items. + Verify projects have obtained all necessary approvals before issuing permits and that the following have been filed with the City: valid c ontractor’s license, works’ compensation and valid business license information.
+ Review and approve less complicated non -structural plan checks over the counter. + Create public informational documents, handouts explaining technical issues or requirements fo r permit issuance, if needed.
+ Welcome and receive customers at the public services counter in a professional and courteous manner.

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14 EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

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City of Upland // FY 22/23 Hourly Rates

Cost Proposal
Hourly Billing Rates
Classification Hourly Billing Rate Plan Check Fees based on City Fees



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

D A T E :J un e 13 , 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 /C I T Y E N G I N E E R

M I C H E L L E M A D R I Z , M A N A G E M E N T A N A LY S T S U B J E C T :R E V I E W O F D R A F T R E S TA T E D S O L I D W A S T E A G R E 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 oun ci l recei ve for fu tu re c on s id erat ion a d raft rest ated solid w aste 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 sup p orts t h e C ity's g oal of p rovid in g hig h -q u ality cos t-effec ti ve services to the com m un ity.

B A C K G R O U N D
I n 2 01 6, S B 1 38 3 w as sig n ed in to law estab lishing m eth ane em ission s red uction targ ets in a statewid e effort to red u c e em ission s of sh ort -lived cl im ate p oll ut ant s (S LC P ) cau sed b y org anic w ast e. T h is w as in ten d ed t o d rastically lim it s ou rces of m eth ane ent eri ng ou r Lan d fills w ith t he g oal to red u ce th e d i sp osal of org an ics was te b y 5 0% b y 2 02 1, an d 75 % b y t h e year 20 25 . Th is m an d ate also set req uirem ents for Food Recovery an d red istrib u tion of d isp osed su rp lu s food b y 20 25 . W i th th ese ch an g es, t he C ity of U p l and (C ity) is req u i red to p rovid e ad d ition al solid was te servic es for cert ain c om m erc ial an d resid en tial d welling s to b e in com p lian ce with th is state law s.

I S S U E S /A N A L Y S I S
S B 1 38 3 wi ll req uire that t h e C it y up d at e th e solid w as te c oll ect ion and d isp osal services ag reem en t (A g reem en t) w it h B u rrtec Was te I n d u st ries, I n c. (B u rrt ec). Rath er th an p rep arin g a fou rt h ad d en d u m , th e C it y h as d raft ed a restated A g reem ent t h at w ill con sol id ate the

Page 1 of 124 ends

orig inal ag reem en t d ated N ovem b er 2 7, 2 00 0 w ith t he 1 st , 2n d an d 3 rd ad d en d u m s d ated J an uary 8 , 2 00 4, M ay 2 9, 20 07 and J un e 2 5, 2 0 1 4 resp ectively, and i n c orp orat es the req uirem ent to effect ivel y i m p lem ent t he req uirem ent s of S B 1 38 3. Th ere is also an op p ortun ity to neg otiate ad d ition al el em en ts /it em s t o the ag reem en t t hat w il l b et ter service th e C ity.

S taff h as p rovid e a cop y of th e d raft restate ag reem ent for t he C i ty C ou n c il 's review an d w ill p rovid e a fin al cop y for C ity C oun cil consid eration at the J un e 27 , 20 22 C ity C oun cil m eeting .

F I S C A L I M P A C T S
Th e res tat ed ag reem en t wi ll req u ire B u rrtec t o p rovid e ad d i ti on al services in ord er to m eet the req uirem ents of S B 13 83 . Th e cost recovery for these ad d itional services will b e reflected in th e p rop osed b i-m onthly rate in crease as p rop osed at th e p u b lic hearin g sch ed u led for on J u ne 27 , 20 22 . N o ad d ition al ap p rop riation s are necessary at th is tim e.

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 1: Draft S olid Waste Restated Agreement

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46708.00113\34915266.2

Agreement Between the City of Upland
And
Burrtec Waste Industries, Inc.

For Solid Waste Collection,
Processing and Disposal Services
[month] [date], 2022

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46708.00113\34915266.2

TABLE OF CONTENTS

Page

ARTICLE 1 DEFINITIONS AND CONTRACT INTERPRETATION ........... 3

1.01 Definitions ............................................... 3

1.02 Interpretation. ........................................... 3 a. Gender and Plurality ................................ 3 b. Headings ............................................ 3 c. References to Parts ................................. 3 d. Examples ............................................ 3 .......................................................... 3

1.03 Integration ............................................... 3

1.04 Governing Law ............................................. 3

1.05 Severability .............................................. 4

1.06 Construal ................................................. 4 ARTICLE 2 REPRESENTATIONS AND WARRANTIES .................... 5

2.01 Of Collector .............................................. 5

2.02 Of City ................................................... 5

2.03 Waiver .................................................... 5 ARTICLE 3 TERM OF AGREEMENT ................................. 6

3.01 Term ...................................................... 6

3.02 Survival of Certain Provisions ............................ 6

3.03 Statutory Continuation Rights ............................. 6

3.04 Transition to Next Collector .............................. 6

3.05 Conditions Precedent. ..................................... 6 ARTICLE 4 SERVICES .......................................... 8

4.01 Collection and Transportation. ............................ 8 a. Service Standards. .................................. 8 b. Scope of Regular Collection Service ................. 9 c. Special Collection Service. ........................ 11 d. Frequency. ......................................... 14 e. Hours. ............................................. 14 f. Routing. ........................................... 15 g. Vehicles. .......................................... 17 h. Containers. ........................................ 18

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i. Personnel. ......................................... 19

4.02 Diversion. ............................................... 20 a. Processing. ........................................ 20 b. Certification of Re-use ............................ 21 c. Transformation ..................................... 21 d. Indemnification for Failure to Meet AB 939 Goals ... 22 e. Minimum Diversion Requirements ..................... 22

4.03 Disposal. ................................................ 22 a. Disposal Facility .................................. 22 b. Disposal Fees ...................................... 23 c. Indemnification. ................................... 23

4.04 Customer Service and Public Relations. ................... 25 a. Phone Access. ...................................... 25 b. Customer Complaints and Inquiries .................. 25 c. Office Hours ....................................... 26

4.05 Public Education and Community Relations. ................ 26 a. Community Relations ................................ 26 b. News Media Relations ............................... 26 c. SB 1383 Education and Outreach ..................... 27

4.06 Emergency Services. ...................................... 27

4.07 City Right to Perform Services. .......................... 27 a. Events ............................................. 27 b. Notice ............................................. 28 c. Service Assets ..................................... 28 d. Collector’s Personnel .............................. 29 e. Records and Reports ................................ 29 f. Waiver of Takings Claim ............................ 29

4.08 Street Sweeping .......................................... 29 a. Scope of Street Sweeping Services .................. 29 b. Locations .......................................... 30 c. Frequency .......................................... 30 d. Hours .............................................. 30

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iii

e. Routing ............................................ 30 f. Emergency Services During Regular Business Hours ... 30 g. Emergency Services After Hours ..................... 31 h. Holidays ........................................... 31 i. Equipment .......................................... 31 j. Personnel .......................................... 32 k. Services During Wind Down Period ................... 32 ARTICLE 5 MISCELLANEOUS SERVICE PROVISIONS ................. 33

5.01 Title to Waste ........................................... 33

5.02 Compliance with Law ...................................... 33

5.03 Cooperation with Waste Studies ........................... 33

5.04 Public Performance Review ................................ 34

5.05 Service Materials Belong to City ......................... 35

5.06 Procurement of Recycled Materials ........................ 35

5.07 Hazardous Waste .......................................... 35 ARTICLE 6 CHANGE IN SCOPE OF SERVICES ...................... 36

6.01 Change in Scope of Services. ............................. 36 a. Upon City Direction ................................ 36 b. Upon Collector Proposal ............................ 36 ARTICLE 7 RECORDS AND REPORTING ............................ 37

7.01 Records .................................................. 37 a. Maintenance ........................................ 37 b. City Inspection and Audit .......................... 37 c. SB 1383 Recordkeeping .............................. 37

7.02 Reporting. ............................................... 37 a. Monthly ............................................ 37 b. Quarterly .......................................... 37 c. Annual ............................................. 38 d. SB 1383 Reporting .................................. 38 e. Additional Information ............................. 38 ARTICLE 8 INDEMNITIES, INSURANCE, BONDS .................... 39

8.01 Collector Indemnification and Defense. ................... 39

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a. Indemnification of City ............................ 39 b. Hazardous Substances Indemnification ............... 39 c. AB 939 Indemnification ............................. 40 d. Liabilities During Term Only ....................... 41 e. Reduction of CERCLA and Other Liability ............ 41

8.02 Insurance. ............................................... 41 a. Insurance Requirements ............................. 41 b. Minimum Limits of Insurance ........................ 41 c. Other Insurance Provisions ......................... 42 d. Evidence of Insurance Coverage; Insurance
Repository ......................................... 42

8.03 Performance Bond ......................................... 43

8.04 Letter of Credit ......................................... 43

8.05 City’s Right to Draw Against Performance Bond/Letter of Credit ................................................ 43

8.06 Financial Guaranty Agreement ............................. 44 ARTICLE 9 CRIMINAL ACTIVITY OF COLLECTOR. .................. 45

9.01 Criminal Activity of Collector ........................... 45 ARTICLE 10 SERVICE FEES ..................................... 46

10.01 Collector Service Fee .................................... 46

10.02 Total Customer Rates; Program Cost Component ............. 46

10.03 Recyclables Revenue ...................................... 46

10.04 Additional Revenue; Rebates; State, Local, or Federal Grants and/or Incentive Money ............................ 46

10.05 Collector Payment to the City ............................ 46

10.06 Adjustments. ............................................. 47 a. Adjustments to Total Customer Rates ................ 47 b. Automatic Fee Adjustments to Service Component
and Program Cost Component. ........................ 48 c. Special Rate Review. ............................... 48 d. Changes in Scope of Service ........................ 50 e. Customer Notification .............................. 50 f. No Release or Assumption of Liability .............. 50

10.07 Collector Billing. ....................................... 50

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a. Billing and Payment – Residential Customers ........ 50 b. Billing – Commercial Customers ..................... 50 c. Collector Mailing .................................. 51 d. Data Base .......................................... 51 e. Dispute Resolution ................................. 51

10.08 Disputes. ................................................ 51 a. Customer Notice of Dispute ......................... 51 b. Collector’s Response ............................... 52 c. Dispute Resolution ................................. 52

10.09 Waste Management Fee ..................................... 52 ARTICLE 11 BREACHES, DEFAULTS AND REMEDIES .................. 53

11.01 Minor Breaches and Liquidated Damages .................... 53 a. Failure to Correct Missed Service .................. 53 b. Discourtesy ........................................ 53 c. Damage to Customer’s Property ...................... 53 d. Excessive Noise .................................... 53 e. Collection Outside Permitted Hours ................. 53 f. Failure to Respond to Complaint .................... 53 g. Failure to Log Complaint ........................... 53 h. Failure to Submit Complaint Log to City ............ 53 i. Failure to Submit Reports to City .................. 54 j. Failure to Respond to Emergency Services During
Work Hours ......................................... 54 k. Failure to Respond to Emergency Services After
Hours .............................................. 54 l. Spillage of Litter ................................. 54 m. Failure to provide Containers for SB 1383
Collection Service ................................. 54 n. Failure to conduct annual outreach and education ... 54 o. Failure to complete annual SB 1383 monitoring
requirements ....................................... 54 p. Failure to timely complete annual SB 1383
reporting requirements ............................. 54 q. Commingled Waste ................................... 55

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r. Improper Disposal .................................. 55 s. Failure to Label Containers. failure to label
containers in accordance with SB 1383 Regulations .. 55 t. Failure to perform waste studies ................... 55 u. Failure to investigate complaints. ................. 55 v. Failure to fulfill any other obligation in this
Agreement. ......................................... 55

11.02 Defaults. ................................................ 55 a. Service Defaults: .................................. 55 b. Performance Assurance Defaults: .................... 56 c. False Representations; Breach of Representations
or Warranties ...................................... 57

11.03 Breaches and Defaults Excused ............................ 57 a. Performance Excused ................................ 57 b. Notice ............................................. 58 c. City’s Rights ...................................... 58

11.04 Remedies Upon Default .................................... 58 a. Termination ........................................ 58 b. Suspension ......................................... 58 c. City Right to Perform Services ..................... 58 d. All Other Available Remedies ....................... 58

11.05 Remedies Not Exclusive ................................... 59

11.06 Waivers. ................................................. 59 a. City Waiver of Breach .............................. 59 b. Collector Waiver of Defenses ....................... 59

11.07 Jurisdiction; Venue ...................................... 60

11.08 Costs .................................................... 60

11.09 Assurance of Performance ................................. 60 ARTICLE 12 SUSPENSION OR TERMINATION. ....................... 61

12.01 City Right to Suspend or Terminate. ...................... 61 a. Termination Events ................................. 61 b. Suspension Events .................................. 61 c. Notice ............................................. 61

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d. Suspension, Termination of a Portion of
Performance Obligations: Reduction in Service Fee .. 61

12.02 Collector’s Obligations Upon Termination ................. 62 a. Use of Service Assets .............................. 62 b. Pay Outstanding Damages ............................ 62 c. Cooperation During Transition ...................... 62 ARTICLE 13 DISPUTE RESOLUTION ............................... 63

13.01 Alternative Dispute Resolution ........................... 63

13.02 Parties’ Obligations During Pendency of Dispute .......... 63 ARTICLE 14 THE PARTIES. ..................................... 64

14.01 Collector Is Independent Contractor ...................... 64

14.02 Parties in Interest ...................................... 64

14.03 Binding on Successors .................................... 64

14.04 Further Assurances ....................................... 64

14.05 Actions of the City in Its Governmental Capacity ......... 64

14.06 Collector’s Obligations Performed at Its Sole Expense .... 64

14.07 Parties’ Representatives ................................. 64

14.08 Gifts Prohibited ......................................... 65

14.09 Due Diligence ............................................ 65 ARTICLE 15 ASSIGNMENT AND AMENDMENTS ........................ 66

15.01 Assignment. .............................................. 66 a. City Assignment .................................... 66 b. Collector Assignment ............................... 66 c. “Assign” ........................................... 67 d. Subcontractor ...................................... 67

15.02 Amendments ............................................... 67 a. By Agreement ....................................... 67 b. City Manager May Act as Authorized Representative .. 67 ARTICLE 16 NOTICES, CONSENTS, APPROVALS, ETC. ............... 68

16.01 Notices, etc ............................................. 68

16.02 Exercise of Options ...................................... 68 ARTICLE 17 EXECUTION OF AGREEMENT ........................... 69

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17.01 Execution in Counterparts ................................ 69

17.02 Authority to Execute ..................................... 69 EXHIBIT A DEFINITIONS.............. ERROR! BOOKMARK NOT DEFINED.

EXHIBIT B COLLECTOR’S REPRESENTATIONS AND WARRANTIES..... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT C CITY’S REPRESENTATIONS AND WARRANTIES. ERROR! BOOKMARK NOT DEFINED.

EXHIBIT D SCOPE OF REGULAR COLLECTION SERVICES.. ERROR! BOOKMARK NOT DEFINED.

EXHIBIT E TRANSITION IMPLEMENTATION PLAN AND SCHEDULE.... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT F MAINTENANCE PROTOCOL..... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT G COLLECTOR BILLING PROCEDURE AND POLICY ERROR! BOOKMARK NOT DEFINED.

EXHIBIT H COMMUNITY RELATIONS ACTIVITIES.... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT I HAZARDOUS WASTE SCREENING PROTOCOL ERROR! BOOKMARK NOT DEFINED.

EXHIBIT J MONTHLY AND QUARTERLY REPORTS..... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT K ANNUAL REPORTS........... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT L FORM OF PARENT GUARANTY.. ERROR! BOOKMARK NOT DEFINED.

EXHIBIT M RATES.................... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT N RATE ADJUSTMENT METHODOLOGY....... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT O STREET SWEEPING LOCATIONS ERROR! BOOKMARK NOT DEFINED.

EXHIBIT P STREET SWEEPING SCHEDULE. ERROR! BOOKMARK NOT DEFINED.

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46708.00113\34915266.2

Agreement Between the City of Upland and
Burrtec Waste Industries, Inc. For
Solid Waste Collection, Processing and Disposal
Services

1 This Agreement for Solid Waste Collection,Processing and Disposal Services (“Agreement”) is made and entered into by and between the City of Upland, a California municipal corporation (the “City”), and Burrtec Waste Industries, Inc., a California corporation (“Collector”), as of [month] [date], 2022.

This Agreement is entered into on the basis of the followings facts, understandings, and intentions of the parties:

A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.; hereinafter the “Act”) established a Solid Waste management process which requires cities and other local jurisdictions to implement source reduction, reuse, and recycling as integrated waste management practices; and B. The Act authorizes and requires local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and
C. The State of California (the “State”) has found and
declared that the amount of Solid Waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling, have created an urgent need for State and local agencies to enact and implement an aggressive new integrated waste management program. Through enactment of the Act the State has directed the responsible state agency, and all local agencies, to promote recycling and to maximize the use of feasible source reduction, recycling and composting options in order to reduce the amount of Solid Waste that must be disposed of by land disposal; and the City is currently required to divert at least fifty percent (50%) of the Solid Waste generated in the City from landfills, and may be subject to additional requirements during the Term of this Agreement; and
D. The City Council has enacted Chapter 13.28 of Title 13 of the Upland City Code, which establishes standards for the collection and removal of Solid Waste, Recyclables, and Organic Waste, the disposal of Solid Waste, the Recycling of Recyclables and Organic Waste, and requirements for Collection Agreements; and E. Pursuant to Sections 49300 and 49500-49523 of the Act, City is authorized to enter into an exclusive agreement for the Collection and disposal of Solid Waste; and

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Upland City CouncilJune 13, 2022

Upland City Council
June 13, 2022