U P L A N D C I T Y C O U N C I L
C I T Y O F U P L A N D P A R K I N G A U T H O R I T Y , A N D C I T Y
O F U P L A N D F I N A N C I N G A U T H O R I T Y
A G E N D A
D e ce mbe r 1 2 , 2 0 2 2
C ity C ou n ci l C h a mbe r
B I L L V E L T O, M A Y O R
S H A N N A N M A U S T, M A Y O R P R O T E M
J A N I C E E L L I O T T, C O U N C I L M E M B E R
C A R L O S A . G A R C I A , C O U N C I L M E M B E R
R U D Y Z U N I G A , C O U N C I L M E M B E R
M I C H A E L B L A Y , C I T Y M A N A G E R
S T E P H E N P . D E I T S C H , C I T Y A T T O R N E Y
D I S R U P T I O N O F M E E T I N G S
I n d ivid uals wh o d em onstrate d isru p tive cond uct d urin g C ity C ou ncil m eetin g s th at p revent th e C ity C oun cil from cond ucting its m eeting in an ord erly m ann er are g u ilty of a m isd em ean or as stated in P C 40 3, d isru p tin g a p ub lic m eeting , and are sub ject to rem oval from th e ch am b er or arrest.
1.C A L L T O O R D E R A N D R O L L C A L L
2.A D D I T I O N S -D E L E T I O N S T O A G E N D A
3.O R A L C O M M U N I C A T I O N S
T his is a tim e for an y citizen to c om m en t on it em l is ted on th e cl osed session ag end a on ly. A n yon e wish in g to ad d ress t he leg is lat ive b od y is req u est ed to sub m it a sp eaker card t o th e C ity C l erk at or p rior to sp eaking . T h e sp eakers are req u ested to keep th eir com m en ts to n o m ore t h an th ree (3 ) m inu tes. Th e use of visu al aid s w ill b e in clud ed in the tim e lim it.
4.C L O S E D S E S S I O N N o ne
* * * * * * * * * * * *
7:00 P M
5.I N V O C A T I O N
Pastor N oel A nd erson, F irst P resb yterian C h urch
6.P L E D G E O F A L L E G I A N C E
7.P R E S E N T A T I O N S
8.C I T Y A T T O R N E Y
9.O R A L C O M M U N I C A T I O N S
T his i s a t im e for an y ci ti zen t o com m ent on an y it em li st ed or n ot li st ed on th e ag end a. A nyon e wi sh in g to ad d res s the leg islat ive b od y i s req u es ted t o su b m it a sp eaker card t o th e C i ty C lerk at or p rior to s p eaki n g . T h e sp eakers are req u ested t o keep th eir com m en ts to no m ore t h an three (3) m in u t es. S p eakers will b e g iven fi ve (5 ) m inu tes d u ri n g p ub lic h eari ng s. T h e use of visu al ai d s will b e i n c lu d ed in th e t im e li m i t. P ub li c com m ents an d q u est ion s for t h e p urp ose of h earing curren t m at ters of con cern in ou r com m u n i ty an d to p rovid e c it izen s a m eth od for th e p ub li c to h ear th ose con cerns in an op en ven u e is encourag ed .
H owever, u n d er t he p rovisions of t he B rown A ct , th e C ity C ou n c il is p rohib ited from d iscu ssion of it em s n ot listed on t he ag end a, and th erefore, th e C ity C oun cil, C ity M an ag er, or C it y A tt orn ey w il l t ake com m u n i cat ion s un d er ad visem en t for consid eration an d ap p rop riate resp on s e or d i sc u s si on at a later tim e.
10.C O N S E N T C A L E N D A R
A ll m at ters list ed u n d er th e C onsent C al en d ar are c on s id ered t o b e rou ti ne and will b e en act ed b y on e roll call vot e. T h ere w i ll b e no sep arat e d is cu ss ion of these i tem s u n l ess m em b ers of t h e l eg i sl ati ve b od y req uest sp ecific item s b e rem oved from th e C on sen t C alen d ar for sep arate action.
A .A P P R O V A L O F M I N U T E S
A p p rove th e Reg u lar M eetin g M in utes of N ovem b er 28 , 20 22 . (S taff Person: Keri J ohn son )
B.C O N S I D E R A T I O N O F A R E S O L U T I O N A D O P T I N G R E V I S E D C I T Y
C O U N C I L R U L E S O F P R O C E D U R E
C E Q A : N ot a p roject.
Review the revised rules of p roced u re an d ad op t a Resolution rep ealing Resolution N o. 6 61 1 an d ad op ti n g ru les of p roced ure for th e U p lan d C ity C ou ncil. (S taff Person: Keri J ohn son )
C .S C H E D U L E D V A C A N C I E S F O R C O M M I S S I O N S, C O M M I TT E E S, A N D B O A R D S F O R C A L E N D A R Y E A R 2 02 3
C E Q A : N ot a p roject.
A ccep t an d file th e Local A p p oin tm en t s L ist for all C it y com m issions, com m ittees, an d b oard s for c alen d ar year 20 23 , an d d irect t he C it y C lerk to p ost th e list. (S taff Person: Keri J ohn son )
D.C I T Y O F U P L A N D PA R K I N G A U T H O R I T Y 2 02 2 A N N U A L R E P O R T C E Q A : N ot a p roject.
C ity of U p l an d Parking A u t h orit y B oard of D i rec tors receive an d fil e th e ann ual rep ort of t h e 2 02 2 act ivi ti es of t h e Parkin g A u th ori ty. (S taff Person: S tep hen Parker)
E .C I T Y O F U P L A N D F I N A N C I N G A U T H O R I T Y 20 22 A N N U A L R E P O RT C E Q A : N ot a p roject.
C ity of U p l an d F in ancin g A u t h orit y B oard of D irectors recei ve an d fi le th e ann ual rep ort for t h e 2 02 2 act ivi ti es of th e F i nan ci ng A u t h orit y. (S taff Person: S tep hen Parker)
F.A P P R O V A L O F N O V E M B E R W A R R A N T A N D PA Y R O L L R E G I S T E R S A p p rove t h e N ovem b er Warran t Reg is ters (check nu m b ers 41 16 1-4 15 27 ) and D i rec t D isb ursem ents tot ali n g $5 ,88 4,0 93 .96 an d Payroll Reg isters totaling $1 ,46 0,0 56 .98 (ch eck n um b ers 1 62 76 3-1 62 78 5 an d E lectron ic F u nd Transfers 37 15 6-3 76 43 ). (S taff Person: S tep hen Parker) G .C O N S I D E R A T I O N O F A N A G R E E M E N T F O R PA R K R E S T R O O M
C L E A N I N G A N D LO C K U P
C E Q A : C ateg orically E xem p t.
A p p rove a P rofes si onal S ervice A g reem ent w it h V all ey M ain ten ance C orp . for Park Restroom C leaning & L ocku p S ervices in th e am ou nt of $8 3,1 48 .00 and au th orize th e C ity M anag er to execu te all n ecessary an d related d ocum ents to im p lem en t the A g reem en t. (S taff Person : B rad en Yu) H .C O N S I D E R A T I O N O F A P R O F E S S I O N A L S E R V I C E A G R E E M E N T F O R
T H E P R E PA R A T I O N O F A W A S T E W A T E R C O L L E C T I O N S Y S T E M M A S T E R
P L A N
C E Q A : E xem p t from C E Q A
Aw ard a p rofessional s ervi ce ag reem ent w i th B row n an d C al d wel l for p rep aration of th e 20 23 W astew ater C ol lec ti on System M ast er P lan i n th e am ou nt of $54 3,6 96 , aut horize the C it y M anag er t o execute th e ag reem ent and an y future am en d m en t s w it hin t h e C ity M an ag er’s au th ori ty; and ap p rove a b u d g et t ran sfer to rep ort t h e M as ter P lan un d er on e p roject nu m b er. (S taff Person : B rad en Yu)
11.P U B L I C H E A R I N G S
12.C O U N C I L C O M M I T T E E R E P O R T S
13.B U S I N E S S I T E M S
A .A P P O I N T M E N T O F M A YO R P R O T E M
C E Q A : N ot a p roject.
Ratify the ap p oin tm ent of C ou nc il m em b er J am es B rei tl in g as M ayor P ro Tem , term t o exp i re in D ecem b er 20 23 ; or ch ang e th e rot ati on of M ayor P ro Tem t o avoi d a n ew ly elec ted C ou ncilm em b er s ervi n g as M ayor P ro Tem and ratify the ap p oin tm ent of another C oun cilm em b er as M ayor P ro Tem . (S taff Person: Keri J ohn son )
B.D I S C U S S I O N R E G A R D I N G C O N S O L I D A T I O N O F C O M M I TT E E S
A P P O I N T E D TO A D V I S E T H E C O U N C I L C E Q A : N ot a p roject.
D iscu ss op tions for consoli d at ion of com m i tt ees ap p oin ted t o ad vis e th e C ity C ou n c il and d irect st aff to b rin g b ack a Resol ut ion an d O rd i nan ce (if req uired ) reflect in g an y recom m en d ed ch ang es for consid erat ion at a su b seq u ent C ou ncil m eetin g . (S taff Person : Keri J oh nson) C .A W A R D O F B I D F O R 1 7 T H S T R E E T R O A DW A Y A N D U T I L I T Y I M P R O V E M E N T S (B I D N O. 2 02 2-0 4)
C E Q A : C ateg orically exem p t from fu rther en vironm ental review p ursu ant to S ection 15 30 1(c).
A p p rove th e p lans and sp ecifications for the 1 7th S treet Road w ay and Utility I m p rovem en t P roject ; award th e construction con tract to G en try
G eneral E n g ineerin g , I nc. in th e am ou nt of $2 ,69 6,2 71 .90 ; and authorize a con stru ction c ont in g en cy in th e am ou nt of $13 5,7 28 .10 , for a t otal am ou nt of $2 ,83 2,0 00 ; and ap p rove a b ud g et ad ju stm en t to record th e exp en ses of th e p roject w ith a com m on p roject n um b er. (S taff Person: B rad en Yu ) D.F I S C A L Y E A R 20 07 TO 2 02 2 F I N A N C I A L R E P O R T S O N T H E
C O L L E C T I O N A N D U S E O F Q U I M B Y F E E S C E Q A : N ot a p roject.
Receive an d file finan cial rep orts on th e collection an d use of Q uim b y Fees for t he p eri od of F Y 20 06 /07 th rou g h F Y 2 02 1/2 2. (S taff Person : S tep hen Parker)
E .C O N S I D E R A T I O N O F A N O R D I N A N C E TO A D O P T B Y R E F E R E N C E T H E 20 22 E D I T I O N O F T H E C A L I F O R N I A B U I L D I N G C O D E S TA N D A R D S C E Q A : N ot a p roject.
H old first read in g b y nu m b er an d t it le on ly, an d i n t rod u c e an O rd in ance ad op ting b y reference the 2 02 2 C al iforni a B uild in g S tan d ard s C od es (Parts 1, 2 , 2 .5, 3, 4, 5, 6, 9, 10 , 11 an d 12 , C ali forn ia C od e of Reg u lation s, Title 24 ) w it h local am end m en ts b ased on th e C i ty of U p lan d ’s C lim atic, Top og rap h ical an d G eolog ical C on d itions; and set th e p u b lic hearin g for J an uary 9, 2 02 3. (S taff Person : Rob ert D alq u est) F.C O N S I D E R A T I O N O F A L E A S E A G R E E M E N T W I T H A T&T M O B I L I T Y
C O R P O R A T I O N F O R A F A U X W A T E R TA N K C E L L U L A R TO W E R O N C I T Y P R O P E RT Y A T M E M O R I A L PA R K LO C A T E D A T 1 29 0 E . F O OT H I L L B O U L E V A R D (A P N S : 1 04 6-1 31 -03 , 1 04 6-1 41 -03 , 1 04 6-1 41 -05 ); A N D
C E Q A D E T E R M I N A T I O N
C E Q A : D eterm ined to b e exem p t.
1. F ind t hat th e p rojec t h as b een assessed in accord ance wi th th e authority an d crit eria c ont ain ed in t h e C al iforn i a E nviron m en tal Q uality A ct ("C E Q A "), and t he S t ate C E Q A G u id eli n es , and d eterm in ed t o b e cat eg orically exem p t from furth er environ m en tal review p u rs uan t to S ect ion 1 53 03 , C l ass 3 (C on st ru ct ion or C on version of S m all S tru ctures), of the C E Q A g uid elin es; an d
2. D irect staff fil e a C E Q A N oti ce of E xem p t ion w it h th e C ou n ty C lerk w ithin five (5) workin g d ays of this ap p roval; an d
3. A u th orize th e C ity M anag er to execu te a Lease A g reem en t w ith N ew C ing ular W i rel ess P C S, L LC , d b a A T&T M ob i li ty C orp oration to allow for th e in st all ati on of a cellular fau x w at er t an k t ow er an d an eq u ip m en t shelter at M em orial Park. (S taff Person : Rob ert D alq u est) G .C O N S I D E R A T I O N O N T H E R E V I S E D D E S I G N F O R T H E D O W N TO W N
U P L A N D PA R K L E T S P R O J E C T LO C A T E D W I T H I N S E C O N D A V E N U E B E T W E E N C S T R E E T A N D A S T R E E T A N D W I T H I N 9 T H S T R E E T
B E T W E E N F I R S T A V E N U E A N D T H I R D A V E N U E C E Q A : C ateg orically E xem p t from th e C aliforn ia E n viron m en t al Q ual it y A ct (C E Q A ) p u rsu an t to S ect ion 15 30 3 of the C E Q A G u i d el in es (C lass 3 N ew C on stru ction or C onversion of S m all S tructu res).
A p p rove th e revised d esig n an d cost estim ate for th e D ow ntow n U p land Parklets P roject , ap p rop ri ate and am en d t h e F Y 22 -23 C ap ital I m p rovem en t P rog ram (“C I P ”) in the am oun t of $4 71 ,63 3 from C D B G C V- 3 fun d s, A m erican Rescue P l an A c t (“A R PA”) fu n d s , C om m u n it y P roject F u nd in g (C P F ) g ran t from C on g res sm an A q u il ar, an d Q u im b y fees; and , d irect s taff to file a N ot ic e of E xem p tion p u rsu an t t o t he C alifornia E nviron m en tal Q uality A ct, an d au th orize the C ity M an ag er to execute all d ocum ents related thereto. (S taff Person : Rob ert D alq u est)
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 anu ary 9 , 20 23 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 D e ce mb e r 7, 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.
S T A F F R E P O R T
I T E M N O . 10.B .
D A T E :D ecem b er 12 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :C O N S I D E R A T I O N O F A R E S O L U T I O N A D O P T I N G R E V I S E D C I T Y
C O U N C I L R U L E S O F P R O C E D U R E
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 revi ew th e revised ru l es of p roced u re an d ad op t a Resolution rep ealin g Resol u t ion N o. 6 61 1 an d ad op ting ru l es of p roced ure for th e U p l an d C ity C ou ncil.
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 rom ote efficient op erat ion s an d m ain tain op en g overnm ent id eals.
B A C K G R O U N D
Th e C it y C ou ncil ad op ted ru l es an d p roced u res i n 2 00 1 wh ich w ere revised in 20 12 w it h the ad op tion of Resolu tion N o. 6 13 7.
Resolution N o. 61 37 d id not p rovid e a d etai led w ri tt en p oli cy reg ard in g rul es an d p roced ures for C ity C ou n c il m em b ers. Th e l ack of form al p olicies m ad e i t d ifficu lt for n ew ly elected officials an d st aff to effect ivel y foll ow in form al p olicies so i n S ep tem b er 20 21 th e C ity C oun cil ad op ted Res olu ti on N o. 66 11 w hi ch rep ealed Res olu ti on N o. 61 37 and ad op t ed a m ore com p rehen sive p olicy reg ard in g C ou n c il ru les of p roced ure an d p lacem en t of i tem s on the ag en d a.
I S S U E S /A N A L Y S I S
Th e C it y C l erk's office revi ew s t he p roced u res m an u al on a reg u lar b asis to en s u re th at staff and C oun cil follow the Rules of P roced u re and to en su re th e Ru les of P roced ure com p ly w ith cu rrent p olicies and g overn m en t cod es. Th e on ly p rop os ed ch an g e to th e Ru les of P roced u re
is to up d at e the s tart ti m e of th e c los ed session p ort ion of th e m eet in g s , wh ic h ch ang ed w ith th e ad op tion of Resolu tion N o. 6 63 2 on J an uary 10 , 20 22 .
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
Resolution Adopting Rules of P rocedure
Rules of P rocedure
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND REPEALING RESOLUTION NO. 6611 AND
ADOPTING RULES OF PROCEDURE OF THE UPLAND CITY
COUNCIL
WHEREAS, on February 12, 2001, the City Council of the City of Upland adopted Resolution No. 5211, repealing certain prior resolutions, and delegating to the City Manager the establishment of the form and format of public meetings of the City Council; and
WHEREAS, on October 8, 2012, the City Council of the City of Upland adopted Resolution No. 6137, repealing Resolution No. 5211 and adopting a policy regarding Council rules of procedure and placement of items on the agenda; and
WHEREAS, on September 13, 2021, the City Council of the City of Upland adopted Resolution No. 6611, repealing Resolution No. 6137 and adopting a policy regarding Council rules of procedure and placement of items on the agenda; and
WHEREAS, this Resolution shall repeal Resolution No. 6611 and re-state those procedures set forth in Resolution No. 6611, regarding Council rules of procedure and placement of items on the agenda; and
WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Repealed. Resolution No. 6611 is hereby repealed.
Section 3. The City Council of the City of Upland adopts the Rules of Procedure of the Upland City Council dated December 12, 2022, attached to this Resolution as Exhibit A.
Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution 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 Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Resolution No. 6611
2 Section 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution 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 Resolution 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 7. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 12th day of December 2022.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 12th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
Rules of Procedure of the Upland City Council
1 Rules of Procedure of the
Upland City Council
Approved by the Upland City Council on September 13, 2021 December 12, 2022
C O N T E N T S
CHAPTER 1
Introduction
Purpose of Procedures Manual .................................................................... ..4 Overview of City Documents .......................................................................... 4 Orientation of New Council Members ............................................................. 5
CHAPTER 2
Powers and Responsibilities
City Council Generally .................................................................................... 7 Role of Mayor & Mayor Pro Tem .................................................................... 7 Appointment of City Manager, City Attorney ................................................... 8 Appointment of Legislative and Advisory Bodies … ........................................ 8
CHAPTER 3
City Council Meetings
General Procedures ........................................................................................ 9 Meeting Schedule ......................................................................................... 11 Special Meetings .......................................................................................... 11 Adjourned Meetings ....................................................................................... 11 Development of Agenda ................................................................................ 11 Placing Items on Agenda .............................................................................. 12 Notification and Advertising ........................................................................... 13 Order of Business ......................................................................................... 13 Order of Presentation of Agenda Items ........................................................ 17 Ordinances, Resolutions, and Contracts ...................................................... 18 Discussion Rules .......................................................................................... 18 Voting Procedures ......................................................................................... 19 Other Guidelines ........................................................................................... 20 Open Meeting Laws (“The Brown Act”) ......................................................... 21
CHAPTER 4
Council Communications
Overview ...................................................................................................... 23 Correspondence from Council Members ...................................................... 23 Speaking for “The City” ................................................................................. 23
CHAPTER 5
Interaction with City Staff
Overview ...................................................................................................... 25 Council-Manager Form of Government ........................................................ 25 Council-Manager Relationship ...................................................................... 25
Rules of Procedure of the Upland City Council
3 City Council-City Attorney Relationship ........................................................ 26 Roles and Information Flow .......................................................................... 26 Dissemination of Information ........................................................................ 27 Staff Relationship with Advisory Bodies ....................................................... 27
CHAPTER 6
Support Provided to City Council
Staff Support ................................................................................................. 28 Office Equipment .......................................................................................... 28 Mail, Deliveries ............................................................................................. 28
CHAPTER 7
Financial Matters
Council Compensation ................................................................................. 29 Expenditure Allowance ................................................................................. 29 Expenditure Guidelines ................................................................................ 29
CHAPTER 8
Conflicts & Liability
Conflict of Interest ......................................................................................... 30 City Attorney Advice ..................................................................................... 30 Conflict of Interest Forms ............................................................................. 31
C H A P T E R 1
Introduction
The Upland City Council establishes policies and priorities for the community and is responsible for the fiscal health of a public corporation.
Purpose of the Procedures Manual
City of Upland staff prepared this procedures manual to assist the City Council by documenting currently accepted practices. Through agreement of the City Council and staff to be bound by these practices, with the City Manager having overall responsibility, the effective administration of City Council affairs is greatly enhanced. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Council Members in their actions . It is anticipated that this Procedures Manual may be revised from time to time.
Overview of City Documents
This Procedures Manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of a city council. Many other laws, policies, plans and documents exist which bind the City Council to certain courses of action and practices. A summary of some of the most notable documents that establish City Council direction i s provided below.
Municipal Code: The Municipal Code contains local laws and regulations adopted by ordinances. The administration and personnel chapter of the code addresses the time and place of meetings and compensation of council members. It also describes the organization and appointment of advisory commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws. The Municipal Code is available on the City’s website.
California Government Code: The State Government Code contains many requirements for the operation of city government. Many of these requirements are also replicated within the Municipal Code to ensure there is broad awareness of such requirements. Upland is a “general law” city, which means it is organized in accordance with provisions of the State Government Code. Also described within the government code is the Council-City Manager form of government. Basically, this form of government prescribes that a city council’s role is to establish polices, priorities, oversight and direction. The role of the city Manager is to carry out the mission and direction of the Council while overseeing the operations of the city government.
Rules of Procedure of the Upland City Council
5 Annual Budget: The City’s annual budget provides a description of city services and the resources used to provide services. The document contains both a broad overview of the budget as well as descriptions of programs and services organized for convenience by lead department. The City operates on a July 1 through June 30 fiscal year.
General Plan: The General Plan is comprised of a number of elements, such as land use, transportation, open space and housing, in accordance with State requirements, and provides a policy framework for various matters that fall within these a reas.
Orientation of New Council Members
It is important that members of the Council have an understanding of the full range of services and programs provided by the organization. As new members join the City Council, the City Manager coordinates each Council Member meeting with Department Heads to provide tours of City facilities and meetings with key staff.
C H A P T E R 2
Powers and Responsibilities
City Council Generally
The powers of a city council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the Council shall have the power, in the name of the city, to do and perform all acts and things appropria te to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the United State of America and State of California (California Government Code).
It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor and Mayor Pro Tem have some additional ceremonial and administrative responsibilities as described below, in the establishment of policies, voting and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council.
While individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. In turn, it is staff’s responsibility to ensure the policy of the Council is upheld. Actions of staff to pursue the policy direction established by a majority of Council do not reflect any bias against Cou ncil Members who held a minority opinion on an issue.
Limitations are imposed on a Council Member’s ability to serve on appointed boards of the city. State law expresses that no member of the Council shall serve as a voting member of any city board, committee, or commission, such as the Planning Commission, and Airport Land Use Committee, whether composed of citizen volunteers, city employees, or a combination of both.
This is not to be construed as prohibiting members of the Council from serving on committees or subcommittees of the Council itself, such as standing legislative committees, council ad hoc committees, or of agencies representing other levels of government including San Bernardino County Transportation Authority and OmniTrans, among others. In fact, Council Members participate and provide leadership in these regional meetings. Council Members should report to the Council on matters discussed at subcommittees and other regional or state board/agency/group activities in which they have been involved.
Role of Mayor & Mayor Pro Tem
Mayor: The Mayor is to preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. As presiding officer of the Council, the Mayor is to faithfully communicate the will
Rules of Procedure of the Upland City Council
7 of the Council majority in matters of policy. The Mayor is also recognized as the official head of the city for all ceremonial purposes. As such, the Mayor shall be the chief spokesperson for the City, representing the City at all ceremonial events and functions, and shall issue all ceremonial proclamations, and certificates.
The Mayor, unless unavailable, shall sign all ordinances, and other documents that have been adopted by the City Council and require an official signature; except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tem’s signature may be used.
Mayor Pro Tem: The Mayor Pro Tem is a rotational position (Resolution No. 6478), and the new Mayor Pro Tem is ratified by the Council every December.
Appointment of City Manager and City Attorney
The City Council appoints two positions within the city organization: the City Manager and City Attorney. Both positions serve at the will of the City Council. The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment. The City Manager is responsible for all other personnel appointments within the City.
Appointment of Legislative and Advisory Bodies
The city has a number of standing advisory bodies. The City Council has adopted, by Resolution, policies on the appointment, roles and responsibilities of the various Boards, Commissions and Committees. These procedures apply to all appointments and reappointments to standing legislative and advisory bodies.
Note that both appointed advisory bodies a nd legislative committees are subject to the open meetings laws commonly known as the Brown Act. A complete list of these advisory bodies and committees are maintained by the City Clerk. There is one exception to subcommittees being subject to the Brown Act: ad hoc committees consisting solely of less than a quorum of the legislative body, provided they are composed solely of members of the legislative body and provided that these ad hoc committees do not have some “continuing subject matter jurisdiction,” and do not have a meeting schedule fixed by formal action of a legislative body. Ad hoc committees serve only a limited or single purpose, they are not perpetual, and they are dissolved when their specific task is completed.
Rules of Procedure of the Upland City Council
9 C H A P T E R 3
City Council Meetings
Agenda items
It is the responsibility of the City Manager to oversee the addition and deletion of items on the City Council agenda. The scope of such review focuses on the timing of business items and the volume of business that can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the Council or the introduction of new items not otherwise part of the Council’s identified priorities or staff’s work plan.
General Procedures
By resolution, the City Council adopts this document as a modified version of Roberts Rules of Order.
Presiding Officer: The Mayor is the presiding officer and acts as chair at Council meetings. In the absence or incapacity of the Mayor, the Mayor Pro Tem serves as presiding officer. In the absence of both, the Council Members present shall elect a Presiding Officer for that meeting.
Seating arrangement of the Council: The Mayor, shall establish the seating arrangement for regular Council meetings.
Quorum: Three-fifths of the Council Members constitute a quorum for the transaction of Council business. If a quorum is not in attendance, those attending will be named in the minutes and the meeting will be adjourned due to lack of quorum. The City Clerk will ensure proper notice of the adjournment.
Council Member Attendance: Members of the City Council are expected to attend all meetings. If a Council Member is unable to attend a meeting they should inform the Mayor and City Manager as soon as possible.
Additionally, if a Council Member has unexcused absences from three (3) consecutive regular meetings or half or more of all regular meetings held in a given calendar quarter of the calendar year, then the City Council may declare the absent Member’s seat abandoned and vacant [California Government Code § 36513(a)]. An absence will be considered unexcused unless the City Council finds that at the time of the absence the Council Member was performing services for the city, was ill or on sequestered jury duty or the absence was due to a hardship deemed acceptable by the City Council.
City Manager Attendance: The City Manager shall attend all meetings of the Council unless excused. In his/her absence, the City Manager shall designate a substitute. The
City Manager may make recommendations and have the right to take part in all discussion of the Council when recognized by the Mayor to do so, but shall have no vote.
City Attorney Attendance: The City Attorney shall attend all meetings of the Council unless excused. In his/her absence, the City Attorney shall designate a substitute. The City Attorney shall give opinions, either written or oral, on questions of law and shall act as the Council’s parliamentarian.
City Clerk Attendance: The City Clerk shall attend all meetings of the Council unless excused by the City Manager. In his/her absence, the Deputy City Clerk will attend as the substitute. The City Clerk shall prepare and post the agenda, record, prepare and maintain the official record of the Council, and perform other related duties as prescribed.
Department Heads/Employee Attendance: Department Heads and City employees, as directed by the City Manager, shall attend Council meetings.
Media Attendance: In accordance with the Brown Act, all meetings of the City Council and City Boards/Commissions (except closed sessions as authorized by State law) shall be open to the media, and may be recorded and/or broadcast by tape, radio, television or photography, provided that the manner in which such recording or broadcast is made does not unreasonably disrupt the meeting.
Minutes of Proceedings: An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council. The minutes shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The minutes shall be available for inspection by the public.
Right of Floor: A Council Member desiring to speak shall first be recognized by the Mayor and shall confine his/her remarks to the subject under consideration.
Preservation of Order: The Mayor shall preserve strict order and decorum, and shall confine debate to the item under discussion.
Point of Order: The Mayor shall determine all points of order, subject to the right of any member to appeal the decision to the full Council. If an appeal is taken, the question to the Council may be: “Should the decision of the Mayor be sustained?”
Rules of Order: Except in cases of conflict with these Rules or the Brown Act, the current official edition of Robert’s Rules of Order shall govern the proceedings of the City Council.
Motion and Vote to be Stated: The Mayor, or a Council Member designated by the Mayor, shall state any motion submitted for a vote, and the Mayor shall announce the result of all votes. A roll call vote shall be taken by the City Clerk upon the request of any Council Member.
Rules of Procedure of the Upland City Council
11 No Secret Ballots or Voting: Except as otherwise allowed by the Brown Act, all votes shall be conducted in public and the Council shall not take any action by secret ballot, whether preliminary or final. All actions of the Council require a majority affirmative votes.
Meeting Schedule
All meetings of the City Council (except closed sessions authorized by State law) shall be open to the public. No member of the public may be required, as a condition of attendance at a Council meeting, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any other condition precedent to his/her attendance.
Regular meetings are usually held in the Council Chamber, 460 N Euclid Avenue, on the second and fourth Mondays of the month. Closed sessions convene at 6 p.m. If Closed Session is required the meeting is called to order at 5:00 p.m. (this may be adjusted to a later time based on the number of items on the Closed Session portion of the agenda) and regular sessions convene at 7 p.m. The second Council meeting in August and December are permanently cancelled by Resolution of the City Council.
If a Council meeting falls on a City recognized holiday, the meeting will be held the following day. Council Members should inform the City Manager as soon as possible if they intend to be out of town on a set meeting date. On occasion, arrangements may be made in order for Council Members to remotely participate in Council meetings by telephone conference call when out of town, as spelled out in the Brown Act.
Special Meetings
Special meetings may be called by the Mayor or by a majority of the City Council, in accordance with the Brown Act. The call for a special meeting shall specify the date, place, and time of the meeting, and all items of business to be considered. At least twenty - four (24) hours written notice of the special meeting shall be delivered to and received by all Council Members, to each local newspaper of general circulation, and to each radio and television station that requested such notice in writing. The notice of special meeting shall also be posted outside of City Hall, at the Public Library, and on the City website.
Only those matters specified in the call for the special meeting may be discussed at the meeting. Every notice of a special meeting at which action is proposed to be taken on an item shall provide an opportunity for members of the public to address the Council directly on that item before action is taken.
Adjourned Meetings
Any meeting of the City Council may be adjourned by a majority vote to a later date, place, and time, provided that no adjournment is for a period beyond the next regular meeting.
The Clerk shall conspicuously post the notice or order of adjournment at the front entrance of City Hall and send a copy thereof to the Public Library within 24 hours of adjournment of the meeting.
Development of Agenda
The City Clerk will provide staff with a yearly meeting calendar identifying meeting dates and agenda deadlines to aid staff with planning and scheduling. Staff reports for agenda packets must be completed and approved by the Department Head no later than seven days before the meeting. The staff reports are then routed through the Finance Officer, City Clerk, and Assistant City Manager for review, before final approval by the City Manager.
Given this agenda development schedule, it is extremely difficult when Council requests at a Monday meeting that a report be prepared for consideration at the following regular meeting. Preparation of an agenda item which includes vetting by the appropriate staff and possibly the City Attorney takes a considerable amount of time. Complex reports, of course, will require even greater time to prepare. As such, new agenda items requested by Council will be brought back to Council no less than two council meetings later. Among other considerations, the ability to schedule new agenda items depends on, the nature of the item itself, required public noticing, other agenda subjects that are already scheduled, and the amount of time available in a Council meeting. On occasion there will be an item of an extraordinary nature necessitating quick resolution. Staff will strive to bring that item back to Council as soon as possible.
A draft of the agenda for each regular Council meeting shall be prepared by the City Clerk under the direction of the City Manager. The final agenda shall be posted and delivered to the Mayor, Council Members, and the members of the public requesting agenda notifications, the Wednesday preceding the regular Monday meeting.
Placing Items on Agenda
City Council: A Council Member may request an item be considered on a future agenda and, a minimum of one other Council Member supporting the request is required before placement of the item on an agenda. Council Members may make this request verbally during a meeting or may submit written requests. A Council Member request made outside of a meeting shall be made to the City Manager. Each Council Member requesting or supporting placement of an item on the agenda may contact the City Manager, or, one Council Member may contact the City Manager and name any other Council Member supporting the request, for verification. The City Manager shall determine on which meeting agenda the item will be placed. The City Manager has the authority and discretion to determine selection and scheduling of agenda items other than Council Member requests.
Emergency and Subsequent Need Items: Emergency and subsequent need items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies. Adding an emergency item requires a majority vote.
Emergency items are very rare. After the agenda is posted an item (subsequent need) arises that requires Council action. Subsequent need items may be added to the agenda only if the Council makes findings that (1) the need to consider the item arose a fter the
Rules of Procedure of the Upland City Council
13 posting of the agenda; and, (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by two-thirds (2/3) vote; if less than five members of Council are present, the findings require a unanimous vote of those present.
Notification and Advertising
The City Clerk and City Attorney shall provide any and all assistance required to assure that all necessary legal requirements are satisfied .
The process of publication includes posting the agenda near the front entrance of Upland City Hall, on the bulletin board at the Upland Public Library, on the City website, and the requested public distribution email list at least 72 hours before any regular meeting and 24 hours before a special meeting. Included in this publication is the time, date, and location of the meeting and a brief description of each item of business to be transacted or discussed at the meeting, including closed session items, and any other information required by law.
Order of Business
The order of the agenda is as follows:
Normally, at 65:00 pm, or later based on the number of items on the Closed Session portion of the agenda the Council will convene, with a public Call to Order; Roll Call; and Oral Communications regarding Closed Session agenda items. The Council will then recess to Closed Session. If any Closed Session agenda item has not been completed in the time allotted, then the Council may carry it over to a later time during the meeting, and/or to another regular or special meeting of the Council.
Normally, at 7:00 p.m., the Council will reconvene in Open Session. Regular meeting agenda items are listed on the agenda in the following order (which may be changed at the discretion of the Mayor):
1. Call to order and roll call
2. Additions – deletions to the agenda
3. Oral Communications. Public comment on closed session agenda items only
4. Closed Session items
5. Invocation
6. Pledge of Allegiance
7. Presentations
8. City Attorney, the City Attorney will announce any reportable Closed Session actions at this time.
9. Oral Communications. This is the time for citizens to comment on items listed or not listed on the agenda. Speakers requesting to speak on Public Hearing items will be called during the public hearing.
10. Consent Calendar.
11. Public Hearings.
12. Council Committee Reports. The Chair of any legislative committee that has met since the previous Council meeting will report out on the meeting. This is an information item only. Any items from the legislative committee meeting that has been forwarded to the City Council for action will be placed under an appropriate agenda category for action by the City Council.
13. Business items.
14. Council Communications. Each Council Member will be called on by the Mayor and given the opportunity to provide information on their activities in the community. Each Council Member will also provide a report out on any regional meeting or conference they may have attended using agency funds (Government Code Section 53232.3.(d)).
15. City Manager.
16. Adjournment.
The following section describes the various types of meeting components
Closed Sessions (closed to the public): The ability of the City Council to conduct sessions not open to the public is restricted by state law to ensure open proceedings.
Certain defined circumstances exist wherein a city council may meet without the public in attendance. While the Government Code allows for various reasons permissible for closed session, some of the major reasons include:
Real Property: The purchase, sale, exchange or lease of real property with the City’s negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session (Cal Govt Code 54956.8).
Litigation: Pending or a significant exposure to litigation or the decision to initiate litigation; the litigation title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiations or effectuate service of process.
Rules of Procedure of the Upland City Council
15 Compensation: Salaries and benefits of employees; Council meets in closed session to review its position and instruct designated representatives (Cal Govt Code §54957.6).
Personnel: A closed session is held to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee, or to hear a complaint against the employee unless the employee requests a public hearing (Cal Govt Code §54957).
It is critical to stress that there shall be no disclosure of closed session confidential information. Members of the Council, employees of the City, or anyone else present shall not disclose to any person, including affected/opposing parties, the press, or anyone else, the content or substance of any discussion which takes place in a closed session without Council direction and concurrence. Whenever possible, written reports received for closed session items will be turned in at the end of the meeting.
Typically, closed sessions will be scheduled prior to the public portions of the meeting or at the end of the meeting after public business has been concluded. This is done so public portions of the meeting are not interrupted by closed sessions. In addition, such sessions may require the attendance of special legal counsel and consultants. In an attempt to manage the costs of these professionals, it is beneficial to conduct closed sessions at a time certain. On occasion, during the course of a regular meeting, an issue arises that requires the Council to adjourn to a closed session on the advice of the City Attorney.
Public Comment: During the oral communications portion of the meeting, any person may address the Council on any item listed on the agenda (with the exception of public hearing items) or any item of interest to the public, provided that the item is within the subject matter of the jurisdiction of the Council. Except as allowed by the Brown Act, no action shall be taken by the Council on any item not on the agenda.
When written materials are presented, they should be submitted to the City Clerk for distribution and record keeping. Comments are typically limited to three minutes per speaker so that all have an opportunity to address the Council. However, the Mayor may reduce the time depending on the number of speakers wishing to address the City Council. Speakers will be given five minutes during public hearings.
All remarks shall be directed to the Mayor and the Council as a body, and not to any particular Council Member, or member of staff. No person, other than members of the Council and the person having the floor shall be permitted to enter into the discussion unless requested by the Mayor to speak. No member of the public shall direct questions to Council Members individually, or to members of staff, except through the Mayor.
Persons making impertinent or slanderous remarks, or who become boisterous so as to disrupt the meeting, may be requested by the Mayor to leave. The Mayor shall discourage demonstrations before the Council, such as applauding or “booing.” Upon instructions by the Mayor, a police officer may be called for the purpose of removing any person who, in
the Mayor’s judgment, is disrupting the meeting. Persons ejected for disrupting Council meetings shall be subject to prosecution for violation of Penal Code Section 403 and/or the Brown Act.
Any person may submit written comments to the Council through the City Clerk or City Manager’s Office, and request that members of the Council receive copies of such materials in the agenda packet, provided that such materials are received in sufficient time to be included for distribution in the agenda packet. Otherwise, such materials shall be distributed prior to or at the meeting during which the subject matter will be considered.
The Clerk shall charge for the cost of reproducing copies of such written materials if they are in excess of three (3) pages.
Videos, PowerPoint or similar presentations may accompany in-person testimony but are subject to the same speaking time limits. Prior notice and coordination with the City Clerk is strongly encouraged and the Mayor reserves the privilege to limit such requests as necessary for the effective conduct of the meeting. Speakers are to address their comments to the City Council from the podium.
Public comment on regular business items normally follows staff’s presentatio n of the staff report, clarifying questions from Council Members as necessary and appropriate.
Consent Calendar: Those items on the Council agenda that are considered to be of a routine and non-controversial nature by the City Manager are placed on the “Consent Calendar.” These items shall be approved, adopted, accepted, etc., by one motion of the Council. Typical consent calendar items include the final reading and adoption of ordinances, agreements, awards of contracts, minor budgetary adjustments, meet ing minutes, approval of warrants and payroll registers, committee appointments , status reports, Capital Improvement Projects under $1,000,000 and reports of routine city operations.
Council Members may request that any item listed under “Consent Calendar” be removed from the Consent Calendar, and Council will then take action separately on this item.
Items that are removed (“pulled”) by members of the Council for discussion will be heard after other Consent Calendar items are approved.
Council Members are encouraged to contact the City Manager’s office prior to 12:00 noon on the day of a Council meeting day to provide notification of items to be removed from the Consent Calendar. This practice allows the City Manager to notify staff that may need to be present to respond to removed items.
Staff Reports: Council and Staff Reports provide an opportunity for the City Manager and Department Directors to address the Council on matters shown on the agenda and are normally taken in the order listed.
Public Hearing: In the case of public hearings, once the Council has voted to close the hearing, no member of the public shall be permitted to address the Council or the staff
Rules of Procedure of the Upland City Council
17 from the audience, except at the discretion of the presiding officer (Mayor). Procedures regarding public hearings are as follows:
1. Staff presents their reports and written comments previously submitted to staff or the Clerk (e.g. letters, protests, and the like) are noted in the record.
2. Staff responds to Council Member questions.
3. The Mayor opens the public hearing.
4. The public hearing is an opportunity for the applicant and members of the public to testify in support or in opposition to the matter being heard .
5. The City Clerk will call members of the public who have requested to speak during the public hearing. Speakers are given 5 minutes (this time may be reduced at the discretion of the Mayor if a large number of citizens have requested to speak).
6. After the Mayor has determined that no other membe r of the public wishes to speak, the Mayor will close the public hearing, and the item shall be returned to the Council for deliberation and vote.
Order of Presentation of Agenda Items
1. The Mayor asks the Clerk to introduce the agenda item.
2. The relevant City Staff as identified in the agenda item presents a ‘brief’ overview of the specific agenda item.
3. The floor is returned to the Mayor.
4. The Mayor entertains questions of Council.
5. The Mayor will call on each Council Members for comments/questions and/or closing remarks associated solely with the specific agenda item.
6. The Mayor asks for a motion and second based on the recommendation of City Staff and/or Council desire. The Mayor shall then call for a vote on motions properly made and seconded. The Mayor shall be in charge of making a record and/or providing said wording when requesting motion. Requests for additional wording may be entertained in the form of a motion. The Mayor will announce the result of the vote.
7. If a motion fails, the Mayor may request another motion.
8. When the Council has completed its consideration of an agenda item, then the Mayor shall call the next agenda item.
Ordinances, Resolutions, and Contracts
Ordinances are prepared in the format approved by the City Attorney’s office and reviewed by the City Attorney. Unless a member requests full reading, a proposed ordinance will be read by title only. An affirmative vote of at least three members of the full Council shall be necessary to adopt any ordinance. Urgency ordinances and supplemental appropriations must be adopted by at least a four -fifths (4/5) vote of the full Council. All ordinances are signed by the Mayor (or Mayor Pro Tem in the Mayor’s absence). The City Clerk will attest to all ordinances.
The City Clerk will assign a number to the ordinance, and publish and post the ordinance, or a summary thereof, as required by law. Summaries are written by the City Attorney.
The ordinance shall be filed and preserved in the City Clerk’s office.
Resolutions are prepared in the format approved by the City Attorney’s office. The City Clerk will assign a number to the resolution. The resolution will be filed and preserved in the City Clerk’s office. All resolutions are signed by the Mayor (or Mayor Pro Tem in the Mayor’s absence). The City Clerk will attest to all resolutions.
Contracts are prepared in the format approved by the City Attorney’s office. The Mayor will sign all contracts that exceed the City Manager’s signing authority unless the Council authorizes the City Manager to execute the contract.
Discussion Rules
To assist the City Council in the orderly discussion of items, rules are followed which represent accepted practices for the management of Council meetings.
A. Interruptions:
1) Once recognized, a Council Member is considered to have the floor, and another Council Member may not interrupt the speaker except to make a point of order. In such a circumstance, the Council Member holding the floor shall cease speaking until the point of order is resolved.
2) Upon being recognized by the Mayor, members of the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor.
B. Discussion: A Council Member should not speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision-making process and may ask the City Manager to respond when appropriate. The Mayor normally allows other members to speak first, then will give his/her views and summarize.
C. Tabling Procedure: Tabling an item immediately stops discussion and causes a vote to postpone the item indefinitely or to a time and date certain. A motion to “continue” an agenda item has the same effect, but is generally used when a
Rules of Procedure of the Upland City Council
19 scheduling problem arises or when insufficient time is available to address the matter thoroughly.
Voting Procedures
When present, all Council Members are to vote.
Council Members wishing to abstain from a particular vote shall orally state their abstentions.
No ordinance, resolution or motion shall be passed or become effective without an affirmative vote by the majority with a quorum present or as required by law.
A conflict of interest shall be declared whenever appropriate and in compliance with state law. The affected Council Member will step down from the dais and leave the Chambe r.
Upon the request of any Council Member, a roll call vote will be taken and recorded by the Clerk on the motion before the Council. The Mayor’s name shall be called last with other member’s names called at random by the City Clerk. Members shall not giv e explanations for their vote during a roll call.
Tie Vote: A tie vote is equivalent to a motion that has failed. The presiding officer may publicly explain the effect of the tie vote for the audience or may direct the City Attorney to do so.
Rules of Debate: The Mayor as presiding officer may move, second, and debate items from the Chair, and shall not be deprived of any rights or privileges of a Council Member.
When a motion is before the Council, no other motion shall be entertained except:
A. Motion to Amend. Amendments that modify a motion on the floor are in order and may be debated only if the modification does not significantly alter the substance of the original motion. The proposed amendment is voted on first; the main motion is voted on last (as amended or in its original form if the amendment is defeated).
A motion may be amended more than once with each amendment being voted on separately. There shall be only one amending motion on the floor at any time.
B. Motion to Postpone. A motion to postpone the debate indefinitely is always in order and is subject to debate. If such a motion is adopted, then the discussion on the issue before the Council ends with no further discussion. A motion to postpone to a definite time is always in order, but is not subject to debate except as to the proposed continued date. If such a motion is adopted, the n the discussion on the issue is delayed to a later date.
C. Motion to Table. A motion to table is always in order. It is not subject to debate or to amendment. The purpose of a motion to table is to bypass the item temporarily.
If a motion to table is adopted, the item may be taken from the table at any time
prior to adjournment of the next regular meeting. Items that are tabled shall automatically be set on the agenda for the next regular meeting. If the item is not taken from the table within the time specified, the principal question is lost.
Continuation of an Item: Any Council Member may, request to continue an item that is not subject to a deadline to the next regular Council meeting. This continuance may be overruled by majority vote of the Council Members present.
Any person may request continuance of an item. The Council, by majority vote of those present, may grant the continuance.
Other Guidelines
Other guidelines have been developed to ensure that meetings of the Council are conducted in a civil and professional manner. Council Members and staff shall:
A. Work to preserve appropriate order and decorum during all meetings.
B. Discourage side conversations, disruptions, interruptions or delaying efforts.
C. Limit disruptive behavior. The Mayor will call persons demonstrating rude, boisterous, or profane behavior to order. If such conduct continues, the Mayor may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action. The Council has a policy to discourage applause, booing or other similar behaviors from the public during meetings.
D. Limit breaks of the City Council to 5-10 minutes. The Mayor may resume the meeting if a quorum exists and other members have not returned from the break within the announced time period.
E. Impose time limits on speakers. While the City Council encourages and embraces the need for and right of public participation, it acknowledges that public comments must, at times, be limited. Typically, speakers are limited to three (3) minutes (speakers are given five (5) minutes during public hearings) but a shorter time limit may be established as deemed necessary.
Values of Respect: The City Council has also recognized the importance of approaching the public’s business in an environment of personal respect and courtesy, which places emphasis on the consideration of policy and avoids personalization of comments. Some guidelines utilized by the City Council include:
A. Discussion should focus on policy matters
B. Personal criticism of members is inappropriate
C. Proper decorum should be displayed as other members express their views
Rules of Procedure of the Upland City Council
21 D. Treat members of the public equally, applying rules in a fair and consistent manner
Open Meeting Laws (“The Brown Act”)
Operations and procedures of the City and City Council incorporate requirements of the state’s open meeting law (commonly referred to as the Brown Act). Because this law is such an important part of local government operations, some specific requirements of the law are highlighted below.
Applicability and Penalties: The entire city organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Section 54950. The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings.
A. Applicability: The Act applies to Council and all commissions, boards and Council appointed subcommittees (except ad-hoc committees comprised of less than a quorum of the legislative body. Staff cannot promote actions that would violate the Act.
B. Meetings: All meetings shall be open and public. A City Council meeting takes place whenever a quorum (3 or more members) is present and information about the business of the body is received; discussions qualify as a meeting. Social functions (e.g., receptions, community events) do not fall under the Act unless city business is discussed.
Serial meetings take place when any member of Council or city staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council. This restriction does not apply to the public or media who may contact Council Members. Note that the Brown Act applies to City Council Members immediately after their election and prior to their swearing -in ceremony.
C. Agendas: Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet legal requirements.
D. Actions: No action can be taken on any item not appearing on the posted agenda.
Exceptions
1. An emergency situation exists (determined by a majority of the Council).
2. The need to take action arose subsequent to the agenda being posted and there is a need for immediate action (determined by 2/3 vote of the Council; or if less than 2/3 are present, by unanimous vote).
3. The item was continued to another meeting that was scheduled and posted within 5 days of the original agenda.
E. Public Input: The public, by law, has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council, before the matter is heard. The Mayor has the right to establish a time limit on speakers.
F. Public Disruptions: A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible"; the press may remain unless they participate in the disruption. (Government Code Section 54957.9)
G. Correspondence: All writings distributed for discussion or consideration at a public meeting are public records.
H. Special Meetings: Special meetings may be called by the Mayor or majority of the Council with strict notification requirements for delivery to the media and Council 24 hours before the time of the meeting.
I. Emergency Meetings: Emergency meetings may be called without notification due to the disruption or threatened disruption of public facili ties. Only work stoppages or crippling disasters that impair the public health and/or safety qualify for emergency meetings.
J. Other Provisions: The Act provides many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Please check with the City Attorney and/or the City Clerk for more information.
Rules of Procedure of the Upland City Council
23 C H A P T E R 4
Council Communications
Overview
Perhaps the most fundamental role of a Council Member is communication— communication with the public to assess community opinions and needs— communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking as a Council Member. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised.
Correspondence from Council Members
Members of the City Council may occasionally be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council.
Correspondence sent on behalf of the Council is placed on official City letterhead and is signed by the Mayor or City Manager. Individual members of Council may prepare letters to constituents in response to inquiries or to provide requested information. Individualized City Council Member correspondence is not prepared on City letterhead .
On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or about an issue for which the Council has no position.
In these circumstances, members should clearly indicate within the letters that they are not speaking for the City Council as a whole, but for themselves as one member of Council.
Speaking for “The City”
Similar to written correspondence, when members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against “X”, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
When dealing with members of the media, it is usually the Mayor or City Manager who represents the position and interest of the City. A Department Head may be authorized to speak on issues within their expertise.
It is the duty of the City Manager to coordinate press and news media releases on behalf of the City Council. Councilmembers who wish to issue press releases regarding individual issues of concern should be clear in their remarks that they are not speaking for the City Council as a whole. Councilmembers are encouraged, to have the City Manager’s office review individual press releases before they are released to the public.
Copies of all press releases shall be forwarded to the City Manager’s office and the City Clerk, as they are considered public records subject to retention rules and disclosure under the Public Records Act.
Rules of Procedure of the Upland City Council
25 C H A P T E R 5
Interaction with City Staff
Overview
City Council policy is implemented on a daily basis through staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so that policies and programs may be implemented successfully. To maintain effective relationships, it is important that roles are clearly recognized.
Council-Manager Form of Government
Like most California cities, Upland has adopted a City Council-City Manager form of government. The Council appoints a City Manager to implement policy, to direct the daily operations of city government, and to prepare and monitor the municipal budget. Council Members work through the City Manager in dealing with City staff. The City Manager is responsible to the City Council as a body rather than to individual Council Members.
Council-Manager Relationship
The employment relationship between the City Council and City Manager reflects the fact that the City Manager is the chief executive officer of the City. The City Manager has an employment agreement with the City Council. Regular communication between the City Council and City Manager is important in maintaining effective interpersonal relations. All dealings with the City Manager, whether in public or private, should be consistent with the authority of the City Manager in administrative and personnel matters. Council Members should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the City Council. Further, Council Members should avoid involving themselves in matters regarding individual City employees or related affairs.
As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager communicates with City Council in various ways. In addition to the formal Council meetings, there are regular briefing meetings with individual Council Members, written memoranda, and email. Communication must be undertaken in such a way that all Council Members are treated similarly and kept equally informed. It is also important that the Council provide ongoing feedback, information and perceptions to the City Manager including responses to written communications and requests for feedback.
City Council-City Attorney Relationship
The City Attorney is the legal advisor for the Council, City Manager and departments. The general legal responsibilities of the City Attorney are to: 1) provide legal assistance necessary for formulation and implementation of legislative policies and proje cts; 2) represent the City's interest, as determined by the City Council, in litigation and similar proceedings; 3) prepare and/or review ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and 4) keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the City. It is important to note that the City Attorney does not represent individual members of Council, but the City Council as a whole.
Roles and Information Flow
Objectives: It is the intent of staff to ensure Council Members have free and easy access to information from the City and to ensure that such information is communicated completely, with candor and without bias. Individual Council Members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, or executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Council Members, and to allow staff to execute the priorities given by management and the Council as a whole without fear of reprisal.
Council Roles: The City Council is the City’s legislative and policymaking body. Acting as a whole, the City Council is responsible for passing ordinances and resolutions necessary for governing the City, as well as setting the direction of City policy.
Should a Council Member become dissatisfied about a department, they should always talk it over with the City Manager, not the Department Head. Concerns about a Department Head must be taken to the City Manager.
Access to Information: Individual Council Members as well as the Council as a whole shall receive the full cooperation and candor of staff in being provided with any requested information. The City Manager will inform council when a critical or unusual event occurs about which the public would be concerned.
To assist the City Manager in his ability to monitor the flow of information, requests for information are best tracked if submitted in writing, either in memorandum form or through email.
There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by city management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to memb ers of the City Council. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council.
Rules of Procedure of the Upland City Council
27 It is critical that the Council Members make use of staff reports and related attachments in the Council packets. Council Members should come to meetings well prepared – having read staff reports and attachments; and requesting in advance any necessary and available information from the City Manager. If a Council Member has questions on an agenda item, that member should preferably contact the City Manager or the relevant department head prior to the meeting in order to allow staff time to research a response for the meeting.
Staff Roles: The Council recognizes the primary functions of staff as serving the community and executing Council policy and actions. Staff takes guidance and direction from the City Manager who operates at the guidance and direction of the Council.
City staff will make every effort to respond in a timely and professional manner to all requests for information or assistance. Any request that would take one hour or more of staff time to complete should be made directly through the City Manager.
Dissemination of Information
In cases where a staff response to an individual Council Member request involves written materials that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant, new, and otherwise not available to the Council or of interest to the Council.
Staff Relationship with Advisory Bodies
Staff liaisons provide support and assistance to committees and task forces. However, advisory bodies do not have authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager. The members of the board/committee are responsible for the functions of the advisory body.
Staff support includes preparation of an agenda and its posting in compliance with the Brown Act. Staff may also prepare reports providing background on the issue, alternatives, a recommendation, and appropriate backup materials, if necessary.
Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The staff liaison serves as secretary, taking minutes as needed. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.
C H A P T E R 6
Support Provided to City Council
Staff Support
General administrative support to members of the City Council is provided through the City Manager’s Office. Assistance with ordering business cards, scheduling of appointments and receipt of telephone messages. Should a Council Member require assistance with a task that requires a significant time commitment, prior consultation with the City Manager is required.
Office Equipment
To enhance Council Members’ ability to communicate with staff and the public, the City Council are provided with an iPad, cell phone, and City email address.
These technologies facilitate efficient communication by Council Members. However, their use also raises important legal issues to which Council Members must pay special attention. First, the Brown Act prohibits members from using “technological devices” to develop a concurrence by a majority regarding an action to be taken by the Council. “Technological devices” under the Brown Act include phones, computer email, and social media. Council Members should not use e-mail or phones for communicating with other Council Members in order to develop a majority position on any particular issue that may come before the full Council.
Be aware that most emails sent by Council Members probably are public records under the Public Records Act. Even though it does not create paper, sending email is more similar to mailing a letter than placing a telephone call. The information in the email is stored on the computer network until deleted, and may continue to exist on the network’s back-up systems even after being deleted. As a result, emails can become records of the City maintained in the course of business, and thus available for public disclosure under the Public Records Act. This applies to the conducting of City business on a private email account and texts messages as well.
Finally, the City’s email system is intended for the conduct of official business, and not for political reasons. See CHAPTER 7 for a detailed discussion on the prohibition against using City property and funds for personal or political purposes.
Mail, Deliveries
Members of the City Council receive mail and other materials from the public, private interests and staff. The City Manager’s Office has an inbox for each Council Member.
Rules of Procedure of the Upland City Council
29 C H A P T E R 7
Financial Matters
Council Compensation
State law and the Upland Municipal Code provide for modest compensation to members of the City Council. Currently, Council Members receive a stipend of $600 per month. Per Upland Municipal Code Section 2.02.080 the Mayor is paid a supplemental salary of $100 per month in addition to salaries paid to other City Council Members. Additionally, the City may budget for travel and training required of Council members. Such expenditures should correlate with a Council member’s Council responsibilities.
Expenditure Allowance
The annual city budget includes limited funding for members to undertake official City business. Eligible expenses include travel for attendance at conferences or educational seminars, and the purchase of publications and annual subscriptions. Travel expense reimbursement for meals does not allow reimbursement for alcohol. Donations to organizations are not eligible nor are meals for individuals other than Council Members.
Expenditure Guidelines
It is important to note that any expense must be related to City affairs. Public property and funds may not be used for any private or personal purpose. Courts have ruled that this prohibition includes personal political purposes. For example, reimbursement could not be allowed to pay for meals at a meeting designed to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen.
City budgetary practices and accounting controls apply to expenditures within the City Council budget. Reimbursement requests should be made through the City Manager’s Office with receipts. Expenditure records are public information.
C H A P T E R 8
Conflicts & Liability
Conflict of Interest
State laws are in place to prevent an action by a Council Member that would or may constitute a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. At any time a Member believes a potential for conflict of interest exists, he/she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict. Laws that regulate conflicts are very complicated.
Violations may result in significant penalties including criminal prosecution.
There are two primary laws that govern conflicts of interest for public officials in California - the Political Reform Act and Government Code §1090. In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; §1090 prohibits a public official from having an interest in government contracts.
The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. Once a year Council Members and certain staff are required to file statements of economic interests.
Government Code §1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by §1090 are different from those in the Political Reform Act. A Member having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating §1090 are severe. If a Council Member believes that he or she may have any financial interest in a contract that will be before the Council, the Member should immediately seek advice from the City Attorney or the Member’s personal attorney.
There are a number of other restrictions placed on Council actions that include prohibitions on secrecy and discrimination as well as assurance that all city funds are spent for public purposes. Violations of these restrictions may result in personal liability for individual Council Members.
City Attorney Advice
The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. It is critical to note that while the City Attorney can render advice on the interpretation of state laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding
Rules of Procedure of the Upland City Council
31 interpretations on such matters is the State Fair Political Practices Commission (FPPC).
It is important to note that the City Attorney does not represent individual members of Council, but the City Council as a whole.
Conflict of Interest Forms
Annual disclosure statements are required of all Council members, designated commissioners and designated staff which indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts. Council Members and the City Manager often serve on the governing board of other agencies as a result of their positions. These agencies also require submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property among other items.
S T A F F R E P O R T
I T E M N O . 10.C .
D A T E :D ecem b er 12 , 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 :S C H E D U L E D V A C A N C I E S F O R C O M M I S S I O N S , C O M M I TT E E S, A N D B O A R D S F O R C A L E N D A R Y E A R 20 23
R E C O M M E N D E D A C T I O N
I t is recom m end ed that th e C ity C oun cil accep t an d file the Local A p p oin tm ents List for all C ity com m i ss ion s, com m it tees, and b oard s for calend ar year 2 02 3, an d d i rec t the C i ty C lerk to p ost the list.
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 Leg islat ure estab li sh ed G overn m en t C od e S ection 54 97 0, also kn ow n as “Th e M ad d y A ct,” for t he p urp os e of in creasi n g p ub lic awareness of ap p oi n t m en ts to b e m ad e b y an y local g overnm ent. T h e p u rp ose was t o t ake i n t o c on s id erat ion a vast and l arg ely u ntap p ed reservoir of talen t wh ich exist s am ong th e ci ti zen ry t hat all too freq u en t ly i s n ot aw are of the op p ortun ities for p articip ation on local b oard s an d com m issions.
A ccord ing t o G overn m en t C od e S ect ion 5 4 9 7 2 , on or b efore D ecem b er 3 1 of every year, each leg islative b od y i s req u ired t o p rep are an A p p oi nt m en ts L is t of all reg ular an d on g oi n g b oard s, com m ission s and c om m it tees w hich are ap p oi n t ed b y t h e leg islative b od y of th e l ocal ag en cy.
Th e list m u st c on t ain w hich t erm s w il l exp ire d urin g th e next calen d ar year, w ith th e n am e of th e i n c u m b en t ap p oi n t ee, th e d at e of ap p oin tm en t , th e d at e th e term exp ires, an d the necessary q u alifications for t h e p os it ion . S ection 54 97 3 req ui res t h at t h e leg is lat ive b od ies d esig nate t h e p ub li c lib rary w ith th e larg es t service p op u lation wi th in th e jurisd ict ion to
receive a cop y of the list.
P u rsuan t to th e M ad d y A ct an d Resolut ion N o. 66 08 , t he C i ty C l erk is req u ired to an n ou n ce all sched uled vacancies for com m issions, com m ittees, an d b oard s exp ected d urin g the n ext calend ar year. Th is action m u st b e taken p rior to D ecem b er 31 st of each year.
I S S U E S /A N A L Y S I S
Th e Local A p p oi n t m en ts L ist has b een p rep ared an d is at tac h ed . Follow in g ap p roval , an d p rior to D ecem b er 3 1, 2 02 2, th e C it y C lerk w il l p os t t he li st on th e b u l let in b oard out sid e C i ty H all, at the U p land P u b lic L ib rary, and on the C ity w eb site.
I n ad d ition , in form ation will b e p ub lish ed in t he U p land Tod ay, and th e C ity C lerk w ill u tilize social m ed ia p latform s to recru it ap p lication s for all b oard s, com m ission s, an d com m ittees.
F I S C A L I M P A C T S
Th ere are no fiscal im p acts related to th is item .
A L T E R N A T I V E S
P rovid e altern ative d irection to staff.
AT TAC HM E NT S :
Description
L ocal Appointments with Terms Expiring 2023
LOCAL APPOINTMENTS LIST
Pursuant to Government Code Section 54972, the following terms will expire during the 2023 calendar year. Upland has boards, committees, and commissions, which advise and assist the Council in dealing with specific issues. Appointments are made by the Mayor with, approval by the full Council. Each Councilmember may nominate an individual to the Building Appeals Board, City Council Advisory Committee, Community Development Block Grant Committee, Environmental Sustainability Advisory Committee, Parks, Arts Recreation, and Community Services Advisory Committee, and Street Tree Advisory Committee. Additionally, the Economic Development Committee, Finance Committee, and Public Works Committee, which are legislative committees have five advisory members appointed by Councilmembers.
Qualifications for service are Upland residency, a strong interest in the community, and the ability to give of one’s time when serving. Terms of office are for up to four years. The following list shows current members, the date appointed, and the date each term expires. Applications may be obtained from the City Clerk or by calling (909) 931-4120 or on the City website: www.uplandca.gov
Date of Appointment Term Expires
LIBRARY BOARD
Renuka Balakrishnan 06/08/20 06/2023
Wendy Slatkin 06/08/20 06/2023
The Upland Public Library Board serves the community by providing materials and staff assistance for meeting the informal and educational needs of the library users
PERSONNEL BOARD OF REVIEW
Mark Bertone 06/22/15 06/2023
Gifty Beets 06/10/19 06/2023
Vacant 06/2023
The board of review shall meet on call of the chairperson, personnel director or two members of the board. The duties of the board of review are regulated by UMC Section 2.36.170.
PLANNING COMMISSION
Serge Mayer 03/09/20 06/2023
Jaylene Marotte 09/12/22 06/2023
The role of the Planning Commission is the administration of the Zoning Ordinance and includes serving as the review authority on permit and approval applications, reviewing appeals filed from the Development Services Director or designee on permit applications, providing recommendations to th e City Council on legislative actions, and providing an annual review of the capital improvement program for consistency with the General Plan.
Keri Johnson, CMC, CPMC
City Clerk
Post: December 13, 2022
City Clerk Division
Telephone (909) 931-4120
Facsimile (909) 931-4123
S T A F F R E P O R T
I T E M N O . 10.D .
D A T E :D ecem b er 1 2, 2 02 2
T O :C H A I R A N D B O A R D M E M B E R S
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 S U B J E C T :C I T Y O F U P L A N D PA R K I N G A U T H O R I T Y 20 22 A N N U A L R E P O RT
R E C O M M E N D E D A C T I O N
I t is recom m end ed that th e C ity of U p land Parking A u th ority B oard of D irectors receive an d file th e ann ual rep ort of th e 20 22 activities of the Parkin g A uthority.
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 C oun cil’s g oal of fiscal resp on sib ility an d tran sp aren cy.
B A C K G R O U N D
Th e C ity C oun cil p reviously estab lish ed a Parkin g A uthority in 19 67 to facilitate in the issu ance of b on d s to finan ce the acq u isition and im p rovem en t of p ub lic p arking facilities.
O n J un e 28 , 2 01 0, aft er d eterm i n i n g that th e b on d s were p ai d i n full, t he Parkin g A u th ority w as d issolved b y Resolu tion 59 97 wi th Parkin g A u th ori ty ass ets b ein g tran s ferred to th e C ity of Up lan d .
O n J an u ary 1 0 , 20 22 , th e C i ty C ou n ci l ad op t ed Res olu ti on N o. 6 63 3 re-est ab lishing th e C ity of Up lan d Parkin g A uthority.
O n J an uary 24 , 2 02 2, t he C i ty of U p lan d Parkin g A uthority B oard of D i rec tors ad op ted Resolution N o. 20 22 -1 ad op tin g b ylaws of th e A u th ority.
S ection 2 of th e C it y of U p lan d Parki n g A u t h orit y Res olu ti on N o. 2 02 2-1 inclu d es the statem ent, "Th e B oard of D irectors shall cond uct a reg u lar m eetin g at least on ce each calend ar year on the secon d M ond ay of D ecem b er."
I S S U E S /A N A L Y S I S
P u rsuan t t o the C it y of U p l an d Parkin g A u t h orit y Res olu ti on N o. 20 22 -1, a reg ul ar m eetin g sh all b e con d u ct ed at least on c e each cal end ar year on th e sec on d M on d ay of D ecem b er.
B eing t h e fi n al m eet in g of the year, i t i s p ru d en t that an ann ual rep ort b e p rovid ed t o th e C ity of Up lan d Parkin g A ut horit y B oard of D irectors. Th e follow in g s um m arizes t h e ac ti vit ies of the C ity of U p land Parking A u th ority in calen d ar year 2 02 2:
O n J anu ary 1 0, 2 02 2, t h e C ity C oun cil ad op t ed Resolu ti on N o. 6 63 3 re-est ab l is h i n g the C ity of U p land Parkin g A u th ori ty. C ity of U p land i d en ti fied t h e est ab l is h m en t of the Parking A uthority d ue to a n eed for sup p lyin g and m ain tai ni ng C it y p arki n g an d to serve as a p art y to a joi n t exercise of p ow ers ag reem en t wi th th e C ity to form a s ep arate join t fin ancin g au th ority.
O n J anu ary 2 4, 2 02 2, the C ity of Up lan d Parkin g A uthority B oard of D irectors ad op ted Resolution N o. 20 22 -1 ad op tin g b ylaws of th e Parking A u th ority.
O n J anu ary 2 4, 2 02 2, the C ity of Up lan d Parkin g A uthority B oard of D irectors ad op ted Resolution N o. 2 02 2-2 , w h ic h , in c on ju n c ti on w it h C i ty C ou ncil Resolu tion N o. 6 63 5, authorized the creation of th e C ity of U p land F inan cing A u th ority.
E N V I R O N M E N T A L D E T E R M I N A T I O N
N ot a p roject.
F I S C A L I M P A C T S
Th ere is n o fiscal im p act for receiving and filin g the an nu al rep ort.
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
S T A F F R E P O R T
I T E M N O . 10.E .
D A T E :D ecem b er 1 2, 2 02 2
T O :C H A I R A N D B O A R D M E M B E R S
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 S U B J E C T :C I T Y O F U P L A N D F I N A N C I N G A U T H O R I T Y 2 02 2 A N N U A L R E P O R 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 th at th e C it y of U p land F in ancin g A u th ori ty B oard of D i rec tors rec eive an d file th e ann ual rep ort for the 2 02 2 activities of th e F inan cing A u th ority.
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 C oun cil’s g oal of fiscal resp on sib ility an d tran sp aren cy.
B A C K G R O U N D
O n J anu ary 2 4, 20 22 , th e C i ty C ou ncil ad op ted Resol u t ion N o. 6 63 5 an d th e C ity of Up lan d Parking A ut horit y B oard of D irectors ad op t ed Resolu tion N o. 20 22 -2, w hi ch collectively authorized the creation of th e C ity of U p land F inan cing A u th ority.
O n J an uary 2 4, 20 22 , th e C it y of U p lan d F i n an ci n g A u th ority B oard of D i rec tors ad op ted Resolution N o. 20 22 -1 ad op tin g b ylaws for the F in ancin g A uthority.
S ection 2 of t h e C i ty of U p lan d F inan cing A u th ori ty Resol ut ion N o. 2 02 2-1 inclu d es the statem ent, "Th e B oard of D irectors shall cond uct a reg u lar m eetin g at least on ce each calend ar year on the secon d M ond ay of D ecem b er."
I S S U E S /A N A L Y S I S
P u rsuan t t o th e C i ty of U p lan d F in ancin g A u t h orit y Resol u t ion N o. 2 02 2-1 , a reg u l ar m eetin g sh all b e con d u ct ed at least on c e each cal end ar year on th e sec on d M on d ay of D ecem b er.
B eing t h e fi n al m eet in g of the year, i t i s p ru d en t that an ann ual rep ort b e p rovid ed t o th e C ity of U p land F in ancin g A u th ority B oard of D i rec tors. T h e foll ow in g su m m ari zes t h e act ivi ti es of th e C ity of U p land F inan cing A u th ority in calen d ar year 2 02 2:
O n J an u ary 24 , 2 02 2, th e C it y C oun cil ad op ted Resolu tion N o. 66 35 an d th e C ity of Up lan d Parkin g A u th ority B oard of D i rec tors ad op ted Resol ut ion N o. 2 02 2-2 , wh ich collectively au th orized th e creation of the C ity of Up lan d F in ancin g A uthority.
O n J an u ary 24 , 20 22 , t h e C it y of Up lan d F i n an ci n g A u th ority B oard of D irectors ad op ted Resolution N o. 20 22 -1 ad op tin g b ylaws for the F in ancin g A uthority.
O n Feb ru ary 28 , 20 22 , t h e C it y C ou ncil ad op ted Res olu ti on N o. 6 63 9 an d th e C ity of Up lan d F in anc in g A u th ority B oard of D i rec tors ad op ted Resol ut ion N o. 2 02 2-2 , wh ich collectively ap p roved th e leg al ag reem en t s n eces sary for t he C it y of Up lan d F in ancin g A u th ority to is su e up t o $1 6,0 00 ,00 0 in b on d s t o b en efi t t he C i ty of U p lan d 's water system .
O n A p ril 12 , 20 22 , t he C i ty C oun cil ad op ted Res olu ti on N o. 66 47 an d the C i ty of Up lan d F inan cing A u th ori ty B oard of D irectors ad op ted Resolu tion N o. 20 22 -3 au th ori zi ng the execu tion an d d elivery of a lease ag reem ent and related d ocum ents in conn ection w ith th e lease fin ancin g arran g em en t w it h th e C ity. T h at leas e fin an c in g arrang em en t authorized t h e Wat er F u nd ($15 ,75 0,0 00 ) an d S ew er F u nd ($5,0 00 ,00 0) t o i nves t in the C ity's $20 ,75 0,0 00 l ease ag reem en t, w i th fi n an ci n g t erm s of 1.9 2% an d a m axim u m term of 1 5 years.
E N V I R O N M E N T A L D E T E R M I N A T I O N
N ot a p roject.
F I S C A L I M P A C T S
Th ere is n o fiscal im p act for receiving and filin g the an nu al rep ort.
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
S T A F F R E P O R T
I T E M N O . 10.F .
D A T E :D ecem b er 1 2, 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
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 N O V E M B E R 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 en d ed th at C ity C ou n ci l ap p rove t h e N ovem b er W arran t Reg isters (ch eck nu m b ers 41 16 1-4 15 27 ) an d D i rec t D isb u rsem en ts tot ali ng $5,8 84 ,09 3.9 6 an d Payroll Reg isters totaling $1 ,46 0,0 56 .98 (ch eck n um b ers 1 62 76 3-1 62 78 5 an d E l ect ron ic F un d Transfers 37 15 6-3 76 43 ).
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.
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 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
November Warrant Register
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41161 11/02/2022 PRINTED 1396 ALVAREZ, MARIA ELENA 359.10 41162 11/02/2022 PRINTED 3987 BALDY VIEW GYMNASTICS 818.70 41163 11/02/2022 PRINTED 1348 BAST, KAY 279.30
41164 11/02/2022 PRINTED 1112 BEGINNERS EDGE SPORTS TRAINING, LLC 986.70 41165 11/02/2022 PRINTED 521 COUPLAND, DONNA 253.30
41166 11/02/2022 PRINTED 44891 FARLEY, SANDRA 2,650.05
41167 11/02/2022 PRINTED 132291 JOHNSON, VALERIE 159.60 41168 11/02/2022 PRINTED 6930 JONES, SANDY 370.50
41169 11/02/2022 PRINTED 56981 KENDALL, ANDREA 2,215.95 41170 11/02/2022 PRINTED 33021 PELLITTERI, CHRISTOPHER 359.10 41171 11/02/2022 PRINTED 1392 MILLER, ROBERT 238.70
41172 11/02/2022 PRINTED 407 SINGLETON, DENICE 205.20
41173 11/02/2022 PRINTED 1347 TINKERSPACE, INC 172.90
41174 11/02/2022 PRINTED 16541 ANDREW TODD 158.90
41175 11/02/2022 PRINTED 5193 ZAILO, ROBERT 207.00
41176 11/02/2022 PRINTED 37 5 STAR JANITORIAL 3,848.00
41177 11/02/2022 PRINTED 17278 A T & T 314.73
41178 11/02/2022 PRINTED 99181 ACCOUNTEMPS 1,478.25
41179 11/02/2022 PRINTED 17 ADAMSON POLICE PRODUCTS 2,010.74 41180 11/02/2022 PRINTED 291 ADVANCE STORE CO, INC 578.75 41181 11/02/2022 PRINTED 358 ADVANCED AUTO, SMOG CHECK CENTER 82.95 41182 11/02/2022 PRINTED 3 AIRGAS USA LLC 1,667.16
41183 11/02/2022 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 16,346.88 41184 11/02/2022 PRINTED 1313 UNIVERSAL PROTECTION SERVICE, LP 18,983.21 41185 11/02/2022 PRINTED 12378 ATKINSON ANDELSON LOYA RUDD 837.90 41186 11/02/2022 PRINTED 6683 ATMAA INC 3,020.00
41187 11/02/2022 PRINTED 598 BADGE FRAME, INC 816.75
41188 11/02/2022 PRINTED 1855 CALIF SECRETARY OF STATE 40.00 41189 11/02/2022 PRINTED 600 CALIFORNIA STREET LIGHTING 7,831.59 41190 11/02/2022 PRINTED 177 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 435.14 41191 11/02/2022 PRINTED 1167 ALERIA, TONY R 866.31
41192 11/02/2022 PRINTED 1448 COLLEGE GLASS INC 1,895.00 41193 11/02/2022 PRINTED 966 COMMERCIAL DOOR METAL SYSTEMS, INC 3,573.37 41194 11/02/2022 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 701.79 41195 11/02/2022 PRINTED 986 BOROCH, MARK 9,500.00
41196 11/02/2022 PRINTED 16636 DELL MARKETING LP 139,434.36 41197 11/02/2022 PRINTED 1153 DENCO LIEN SALES, INC 325.00 41198 11/02/2022 PRINTED 599 DOOLEY ENTERPRISES, INC 45,254.46 41199 11/02/2022 PRINTED 1364 DXP ENTERPRISES, INC 6,836.81 41200 11/02/2022 PRINTED 82651 ECONOLITE SYSTEMS 10,065.54 41201 11/02/2022 PRINTED 97141 EUROFINS EATON ANALYTICAL INC 9,547.00 41202 11/02/2022 PRINTED 78 FRONTIER 46.51
41203 11/02/2022 PRINTED 78 FRONTIER 1,220.00
41204 11/02/2022 PRINTED 629 HONEYCOTT, INC 315.00
41205 11/02/2022 PRINTED 1493 IBARRA, ADRIAN 75.00
41206 11/02/2022 PRINTED 106951 INTEGRATED TECHNOLOGY 1,149.58 41207 11/02/2022 PRINTED 1447 LA ROCQUE BETTER ROOFS INC 13,298.00 41208 11/02/2022 PRINTED 21351 MARRS, PAM 100.00
City of Upland
Accounts Payable Check Reconciliation Register
11/01/2022 - 11/30/2022
Prepared By: Erin Myers Page 1 of 9 12/5/2022Page 3 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41209 11/02/2022 PRINTED 117121 NUCKLES OIL COMPANY INC 33,474.94 41210 11/02/2022 PRINTED 1473 NUTT, STEVE H 7,000.00
41211 11/02/2022 PRINTED 4509 PARKHOUSE TIRE INC 2,447.29 41212 11/02/2022 PRINTED 1159 PARKMOBILE LLC 789.90
41213 11/02/2022 PRINTED 1491 PINE BUYER LLC 6,190.92
41214 11/02/2022 PRINTED 1731 R E S ENVIRONMENTAL INC 1,280.00 41215 11/02/2022 PRINTED 839 R.D. OFFUTT COMPANY 52,241.73 41216 11/02/2022 PRINTED 240 RICHARD BRADY & ASSOCIATES INC 48,910.82 41217 11/02/2022 PRINTED 601 SAN ANTONIO WATER CO 356,934.40 41218 11/02/2022 PRINTED 2225 SAN BERNARDINO COUNTY FIRE 26,423.34 41219 11/02/2022 PRINTED 3835 SOUTH COAST A Q M D 468.76 41220 11/02/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 714.07 41221 11/02/2022 PRINTED 1299 MARUTI HOSPITALITY LLC 4,904.90 41222 11/02/2022 PRINTED 1299 MARUTI HOSPITALITY LLC 4,904.90 41223 11/02/2022 PRINTED 62321 U.S. TELEPACIFIC CORP 883.28 41224 11/02/2022 PRINTED 62321 U.S. TELEPACIFIC CORP 3,155.80 41225 11/02/2022 PRINTED 14735 VERIZON WIRELESS 40.01
41226 11/02/2022 PRINTED 14735 VERIZON WIRELESS 40.01
41227 11/02/2022 PRINTED 14735 VERIZON WIRELESS 120.03
41228 11/02/2022 PRINTED 14735 VERIZON WIRELESS 120.07
41229 11/02/2022 PRINTED 14735 VERIZON WIRELESS 121.50
41230 11/02/2022 PRINTED 14735 VERIZON WIRELESS 161.02
41231 11/02/2022 PRINTED 14735 VERIZON WIRELESS 282.52
41232 11/02/2022 PRINTED 14735 VERIZON WIRELESS 297.03
41233 11/02/2022 PRINTED 14735 VERIZON WIRELESS 320.08
41234 11/02/2022 PRINTED 14735 VERIZON WIRELESS 361.56
41235 11/02/2022 PRINTED 14735 VERIZON WIRELESS 843.15
41236 11/02/2022 PRINTED 14735 VERIZON WIRELESS 880.42
41237 11/02/2022 PRINTED 14735 VERIZON WIRELESS 3,388.34 41238 11/02/2022 PRINTED 999999 MONICA COX 64.65
41239 11/09/2022 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS 6,668.20 41240 11/09/2022 PRINTED 1406 HOUALLA ENTERPRISES, LTD 31,350.95 41241 11/09/2022 PRINTED 15750 AFLAC PREMIUM HOLDING 990.28 41242 11/09/2022 PRINTED 132551 AMERICAN FIDELITY ASSURANCE 17,016.03 41243 11/09/2022 PRINTED 6109 AMERICAN HERITAGE LIFE INS CO 93.09 41244 11/09/2022 PRINTED 1123 HYATT LEGAL PLANS, INC 714.00 41245 11/09/2022 PRINTED 16823 PRE PAID LEGAL SVC, INC 105.65 41246 11/09/2022 PRINTED 889 PRUDENTIAL INSURANCE COMPANY OF AMERICA 27.08 41247 11/09/2022 PRINTED 99181 ACCOUNTEMPS 1,620.00
41248 11/09/2022 PRINTED 14 ACTION AWARDS 3,803.01
41249 11/09/2022 PRINTED 291 ADVANCE STORE CO, INC 1,259.28 41250 11/09/2022 PRINTED 1243 AMERICAN GLOBAL SECURITY, INC 11,368.83 41251 11/09/2022 PRINTED 1358 ANIMAL CARE EQUIPMENT & SERVICES LLC 415.66 41252 11/09/2022 PRINTED 119831 AXON ENTERPRISE INC 46,347.17 41253 11/09/2022 PRINTED 862 BADGER METER INC 35,529.78 41254 11/09/2022 PRINTED 119661 BEST BEST & KRIEGER LLP 34,463.06 41255 11/09/2022 PRINTED 1769 BIO-TOX LABORATORIES 3,146.00 41256 11/09/2022 PRINTED 120021 BRIGHTVIEW 1,417.50
41257 11/09/2022 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 6,451.14 41258 11/09/2022 PRINTED 1475 CAPTURE TECHNOLOGIES INC 880.00 41259 11/09/2022 PRINTED 83401 CARL WARREN & CO 4,542.11 41260 11/09/2022 PRINTED 12511 CALIFORNIA COMPUTER SCHOOLS 125.00 41261 11/09/2022 PRINTED 475 CITY OF MONTCLAIR 4,612.07 Prepared By: Erin Myers Page 2 of 9 12/5/2022Page 4 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41262 11/09/2022 PRINTED 668 COVEY, ELISABETH 48.48
41263 11/09/2022 PRINTED 1246 CRAIG JORDAN CONSTRUCTION 4,005.59 41264 11/09/2022 PRINTED 39021 EH WACHS CO 4,568.62
41265 11/09/2022 PRINTED 4402 VARGAS, LUPE B 310.00
41266 11/09/2022 PRINTED 97141 EUROFINS EATON ANALYTICAL INC 400.00 41267 11/09/2022 PRINTED 4456 FEDERAL EXPRESS 8.06
41268 11/09/2022 PRINTED 96251 FORD OF UPLAND 958.82
41269 11/09/2022 PRINTED 78 FRONTIER 63.58
41270 11/09/2022 PRINTED 78 FRONTIER 97.88
41271 11/09/2022 PRINTED 78 FRONTIER 112.92
41272 11/09/2022 PRINTED 78 FRONTIER 126.99
41273 11/09/2022 PRINTED 78 FRONTIER 340.00
41274 11/09/2022 PRINTED 78 FRONTIER 564.07
41275 11/09/2022 PRINTED 78 FRONTIER 1,238.40
41276 11/09/2022 PRINTED 78 FRONTIER 1,594.17
41277 11/09/2022 PRINTED 58311 G H A TECHNOLOGIES 600.00 41278 11/09/2022 PRINTED 111311 GARCIA, ROBYN 337.20
41279 11/09/2022 PRINTED 85921 GENERATOR SERVICES CO 10,952.83 41280 11/09/2022 PRINTED 111251 GNA BROOK FIRE PROTECTION INC 3,391.19 41281 11/09/2022 PRINTED 16002 GRADY, MARSIE 12.66
41282 11/09/2022 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS 6,668.20 41283 11/09/2022 PRINTED 129521 GRAFIX SYSTEMS 65.25
41284 11/09/2022 PRINTED 290 GRAINGER 1,899.12
41285 11/09/2022 PRINTED 26601 GUTIERREZ, SUE 2,000.00
41286 11/09/2022 PRINTED 34941 GUZMAN, STACEY 529.49
41287 11/09/2022 PRINTED 5206 H D L COREN & CONE 4,562.50 41288 11/09/2022 PRINTED 90227 HEARD'S INVESTIGATIONS AND POLYGRAPH, LLC 2,000.00 41289 11/09/2022 PRINTED 329 HOLLIDAY ROCK CO INC 462.25 41290 11/09/2022 PRINTED 629 HONEYCOTT, INC 245.00
41291 11/09/2022 PRINTED 4495 HOSE-MAN INC 456.90
41292 11/09/2022 PRINTED 16340 INFOSEND INC 10,530.77
41293 11/09/2022 PRINTED 3430 INLAND EMPIRE STAGES, LTD 9,980.62 41294 11/09/2022 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 38,839.94 41295 11/09/2022 PRINTED 785 INSTRUMENT & VALVE SERVICES COMPANY 2,058.89 41296 11/09/2022 PRINTED 63221 J C I JONES CHEMICALS INC 5,062.26 41297 11/09/2022 PRINTED 48371 JEEP CHRYSLER OF ONTARIO 2,543.10 41298 11/09/2022 PRINTED 157 JELCO GLASS AND DOOR, INC 5,875.00 41299 11/09/2022 PRINTED 6930 JONES, SANDY 427.50
41300 11/09/2022 PRINTED 51411 KABBARA ENGINEERING 7,750.00 41301 11/09/2022 PRINTED 529 KAISER FOUNDATION HEALTH PLAN 24,397.44 41302 11/09/2022 PRINTED 529 KAISER FOUNDATION HEALTH PLAN 30,542.19 41303 11/09/2022 PRINTED 529 KAISER FOUNDATION HEALTH PLAN 127,615.59 41304 11/09/2022 PRINTED 47861 KAZMI, SALEHA 1,561.29
41305 11/09/2022 PRINTED 53451 KENGRAPHICS PRINTING &26.94 41306 11/09/2022 PRINTED 1441 KNIGHT CLAREMONT INC 176.95 41307 11/09/2022 PRINTED 1287 KOFF & ASSOCIATES 123.75
41308 11/09/2022 PRINTED 26101 KONICA MINOLTA 4,369.27
41309 11/09/2022 PRINTED 102 LIGHTING INSTYLE 278.89
41310 11/09/2022 PRINTED 122601 LOWE'S 2,877.01
41311 11/09/2022 PRINTED 16385 MAIN STREET SIGNS 6,033.13 41312 11/09/2022 PRINTED 445 MATHISEN OIL CO INC 1,762.68 41313 11/09/2022 PRINTED 1221 METRON FARNIER, LLC 116,726.00 41314 11/09/2022 PRINTED 18381 MOUNTAIN MOTOR SPORTS 404.99 Prepared By: Erin Myers Page 3 of 9 12/5/2022Page 5 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41315 11/09/2022 PRINTED 238 MOUNTAIN VIEW CHEVROLET 1,233.89 41316 11/09/2022 PRINTED 5109 MR KEYS-AABOC-JACKS 18.32 41317 11/09/2022 PRINTED 7816 MR T'S TOWING INC 1,050.00 41318 11/09/2022 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 579.50 41319 11/09/2022 PRINTED 6625 P F SERVICES INC 1,550.00 41320 11/09/2022 PRINTED 64331 PACIFIC TELEMANAGEMENT SERVICE 63.00 41321 11/09/2022 PRINTED 4509 PARKHOUSE TIRE INC 1,577.38 41322 11/09/2022 PRINTED 96811 POMONA WHOLESALE 23,168.41 41323 11/09/2022 PRINTED 992 PRISTINE UNIFORMS, LLC 947.01 41324 11/09/2022 PRINTED 869 PPS ENTERPRISES, INC 1,354.33 41325 11/09/2022 PRINTED 909 PSYCHOLOGICAL CONSULTING ASSOCIATES INC 990.00 41326 11/09/2022 PRINTED 62081 QUADIENT LEASING USA, INC 1,863.42 41327 11/09/2022 PRINTED 10638 RICHARDS, WATSON & GERSHON 2,032.50 41328 11/09/2022 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 360.00 41329 11/09/2022 PRINTED 67381 ROUTE 66 CAR WASH INC 1,660.00 41330 11/09/2022 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 900.00 41331 11/09/2022 PRINTED 6610 SAN BERNARDINO COUNTY SHERIFF 248.50 41332 11/09/2022 PRINTED 20171 SAN BERNARDINO COUNTY SHERIFF 1,200.00 41333 11/09/2022 PRINTED 131121 SHRED-IT USA JV LLC 194.40 41334 11/09/2022 PRINTED 93401 SOUTHERN CALIFORNIA EDISON 1,200.00 41335 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 59.00 41336 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 105.49 41337 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 134.98 41338 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 144.98 41339 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 155.63 41340 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 193.11 41341 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 669.00 41342 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,007.48 41343 11/09/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,318.28 41344 11/09/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 3,418.94 41345 11/09/2022 PRINTED 417 E&S TOWING ENTERPRISES, INC 1,350.00 41346 11/09/2022 PRINTED 59821 TERRYBERRY COMPANY LLC 1,329.03 41347 11/09/2022 PRINTED 11583 THOMPSON PLUMBING SUPPLY 250.34 41348 11/09/2022 PRINTED 99981 THOMSON REUTERS - WEST PAYMENT CENTER 1,427.41 41349 11/09/2022 PRINTED 626 TMP ENTERPRISES, LLC 200.00 41350 11/09/2022 PRINTED 125411 TYLER TECHNOLOGIES INC 114,394.72 41351 11/09/2022 PRINTED 11484 U S BANK 2,000.00
41352 11/09/2022 PRINTED 148 UPLAND CHAMBER OF COMMERCE 500.00 41353 11/09/2022 PRINTED 4481 V C A CENTRAL ANIMAL HOSPITAL 50.00 41354 11/09/2022 PRINTED 990 VEOLIA NORTH AMERICA, INC 110.11 41355 11/09/2022 PRINTED 133941 VERIZON 1,465.55
41356 11/09/2022 PRINTED 14735 VERIZON WIRELESS 104.10
41357 11/09/2022 PRINTED 14735 VERIZON WIRELESS 160.94
41358 11/09/2022 PRINTED 14735 VERIZON WIRELESS 282.32
41359 11/09/2022 PRINTED 14735 VERIZON WIRELESS 320.08
41360 11/09/2022 PRINTED 14735 VERIZON WIRELESS 361.44
41361 11/09/2022 PRINTED 14735 VERIZON WIRELESS 880.26
41362 11/09/2022 PRINTED 14735 VERIZON WIRELESS 5,521.07 41363 11/09/2022 PRINTED 392 WAXIE SANITARY SUPPLY 1,598.27 41364 11/09/2022 PRINTED 1725 WEST COAST ARBORISTS INC 46,804.65 41365 11/09/2022 PRINTED 635 ISOTECH PEST MANAGEMENT INC 1,450.05 41366 11/09/2022 PRINTED 693 WYMAN, AARON 256.03
41367 11/09/2022 PRINTED 999999 CALIFORNIA DIGITAL SYSTEMS LLC 302.40 Prepared By: Erin Myers Page 4 of 9 12/5/2022Page 6 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41368 11/09/2022 PRINTED 999999 FELICIDAD TANG 100.00
41369 11/16/2022 PRINTED 99181 ACCOUNTEMPS 1,620.00
41370 11/16/2022 PRINTED 207 ADLERHORST INTERNATIONAL LLC 382.51 41371 11/16/2022 PRINTED 291 ADVANCE STORE CO, INC 1,156.19 41372 11/16/2022 PRINTED 598 BADGE FRAME, INC 885.31
41373 11/16/2022 PRINTED 1428 BAIRD + DRISKELL COMMUNITY PLANNING 10,988.75 41374 11/16/2022 PRINTED 1374 BALCO HOLDINGS INC 5,339.00 41375 11/16/2022 PRINTED 819 BRINKS, INC 909.32
41376 11/16/2022 PRINTED 83401 CARL WARREN & CO 5,327.74 41377 11/16/2022 PRINTED 1500 ONLINE REPLACEMENT CUSHIONS INC 471.21 41378 11/16/2022 PRINTED 96251 FORD OF UPLAND 36.90
41379 11/16/2022 PRINTED 78 FRONTIER 75.47
41380 11/16/2022 PRINTED 78 FRONTIER 598.70
41381 11/16/2022 PRINTED 1192 GATEWAY PACIFIC CONTRACTORS, INC /110,375.75 41382 11/16/2022 PRINTED 5206 H D L COREN & CONE 695.00 41383 11/16/2022 PRINTED 17528 INNOVATIVE PRINTING CONCEPTS 168.77 41384 11/16/2022 PRINTED 114501 INTERWEST CONSULTING GROUP 15,312.00 41385 11/16/2022 PRINTED 53451 KENGRAPHICS PRINTING &38.79 41386 11/16/2022 PRINTED 772 KIDS SPORTS NEWS NETWORK 1,500.00 41387 11/16/2022 PRINTED 1205 KIZH NATION RESOURCES MANAGEMENT 3,188.13 41388 11/16/2022 PRINTED 53241 KONICA MINOLTA BUSINESS SOLUTIONS 64.10 41389 11/16/2022 PRINTED 15595 L D M ASSOCIATES INC 24,863.75 41390 11/16/2022 PRINTED 133641 LIFEWORKS 491.88
41391 11/16/2022 PRINTED 445 MATHISEN OIL CO INC 261.05 41392 11/16/2022 PRINTED 16233 MPOWER COMMUNICATIONS 236.92 41393 11/16/2022 PRINTED 7816 MR T'S TOWING INC 1,200.00 41394 11/16/2022 PRINTED 64331 PACIFIC TELEMANAGEMENT SERVICE 63.00 41395 11/16/2022 PRINTED 992 PRISTINE UNIFORMS, LLC 16.15 41396 11/16/2022 PRINTED 612 RIDE ON POWERSPORTS, INC 3,452.83 41397 11/16/2022 PRINTED 601 SAN ANTONIO WATER CO 2,820.89 41398 11/16/2022 PRINTED 637 SMART & FINAL IRIS CO 1,129.33 41399 11/16/2022 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 714.07 41400 11/16/2022 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 398.34 41401 11/16/2022 PRINTED 62321 U.S. TELEPACIFIC CORP 3,559.67 41402 11/16/2022 PRINTED 14735 VERIZON WIRELESS 40.01
41403 11/16/2022 PRINTED 14735 VERIZON WIRELESS 40.01
41404 11/16/2022 PRINTED 14735 VERIZON WIRELESS 120.03
41405 11/16/2022 PRINTED 14735 VERIZON WIRELESS 120.03
41406 11/16/2022 PRINTED 14735 VERIZON WIRELESS 121.38
41407 11/16/2022 PRINTED 14735 VERIZON WIRELESS 3,516.04 41408 11/16/2022 PRINTED 14735 VERIZON WIRELESS 5,230.96 41409 11/16/2022 PRINTED 760 WATER FACILITIES AUTHORITY 408,534.28 41410 11/16/2022 PRINTED 999999 BONNIE OLDENGARM 834.00 41411 11/23/2022 PRINTED 1495 AIRPARK EAST PROPERTIES LLC 3,011.00 41412 11/23/2022 PRINTED 1191 CATHOLIC CHARITIES SAN BERNARDINO & RIVERSIDE 1,655.00 41413 11/23/2022 PRINTED 1494 CORELSUN LLC 6,000.00
41414 11/23/2022 PRINTED 1444 EASTERSEALS SOUTHERN CALIFORNIA INC 341.10 41415 11/23/2022 PRINTED 3266 FOOTHILL FAMILY SHELTER 3,750.00 41416 11/23/2022 PRINTED 1484 FOOTHILL PLAZA SHOPPING CENTER LLC 6,000.00 41417 11/23/2022 PRINTED 4137 INLAND FAIR HOUSING MEDIATION BOARD/FHMB 9,270.56 41418 11/23/2022 PRINTED 1483 LCDX LDC-C, LP 6,000.00
41419 11/23/2022 PRINTED 1462 MOUNTAIN AVENUE BUSINESS CENTER LLC 2,993.20 41420 11/23/2022 PRINTED 1455 PACIFIC OIL COMPANY LLC 6,000.00 Prepared By: Erin Myers Page 5 of 9 12/5/2022Page 7 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41421 11/23/2022 PRINTED 1283 RONCO INVESTMENTS 6,000.00 41422 11/23/2022 PRINTED 1498 SB FOOTHILL LLC 5,300.00
41423 11/23/2022 PRINTED 1497 SMALDINO INVESTMENTS LLC 6,000.00 41424 11/23/2022 PRINTED 946 TIP TOP 3M HOME RENEW CO.3,452.00 41425 11/23/2022 PRINTED 626 TMP ENTERPRISES, LLC 4,937.00 41426 11/23/2022 PRINTED 1175 YUNAN C FUTURE INC 6,000.00 41427 11/23/2022 PRINTED 16823 PRE PAID LEGAL SVC, INC 105.65 41428 11/23/2022 PRINTED 889 PRUDENTIAL INSURANCE COMPANY OF AMERICA 27.08 41429 11/23/2022 PRINTED 1310 UNITED PET CARE LLC 132.80 41430 11/23/2022 PRINTED 17278 A T & T 305.19
41431 11/23/2022 PRINTED 99181 ACCOUNTEMPS 1,458.00
41432 11/23/2022 PRINTED 1374 BALCO HOLDINGS INC 633.00 41433 11/23/2022 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 3,374.92 41434 11/23/2022 PRINTED 13121 GENTRY BROTHERS INC 19,392.12 41435 11/23/2022 PRINTED 1419 ONYX PAVING COMPANY INC 21,311.19 41436 11/23/2022 PRINTED 1299 MARUTI HOSPITALITY LLC 4,904.90 41437 11/23/2022 PRINTED 14735 VERIZON WIRELESS 78.24
41438 11/23/2022 PRINTED 14735 VERIZON WIRELESS 296.91
41439 11/23/2022 PRINTED 14735 VERIZON WIRELESS 1,342.91 41440 11/23/2022 PRINTED 112201 WAUSAU TILE CO 2,428.73 41441 11/23/2022 PRINTED 1282 WESTERN ALLIANCE BUSINESS TRUST 171,624.29 41442 11/30/2022 PRINTED 99418 FRANCHISE TAX BOARD 150.00 41443 11/30/2022 PRINTED 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 853.12 41444 11/30/2022 PRINTED 37 5 STAR JANITORIAL 3,848.00
41445 11/30/2022 PRINTED 207 ADLERHORST INTERNATIONAL LLC 556.39 41446 11/30/2022 PRINTED 291 ADVANCE STORE CO, INC 781.23 41447 11/30/2022 PRINTED 1380 ADVANTEC CONSULTING ENGINEERS, INC 21,690.00 41448 11/30/2022 PRINTED 1291 AMTECH ELEVATOR SERVICES 375.00 41449 11/30/2022 PRINTED 131971 ANNEALTA GROUP 9,000.00 41450 11/30/2022 PRINTED 862 BADGER METER INC 4,182.50
41451 11/30/2022 PRINTED 1428 BAIRD + DRISKELL COMMUNITY PLANNING 15,006.25 41452 11/30/2022 PRINTED 1193 BRIDGEPAY NETWORK SOLUTIONS 36.30 41453 11/30/2022 PRINTED 112 C P CONSTRUCTION CO 19,350.00 41454 11/30/2022 PRINTED 325 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT 100.00 41455 11/30/2022 PRINTED 325 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT 200.00 41456 11/30/2022 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 2,343.82 41457 11/30/2022 PRINTED 83401 CARL WARREN & CO 362.06
41458 11/30/2022 PRINTED 177 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 2,443.77 41459 11/30/2022 PRINTED 1510 CHANG, JULIAN 141.06
41460 11/30/2022 PRINTED 1469 CHRISTIAN BROTHERS MECHANICAL SERVICES INC 6,765.91 41461 11/30/2022 PRINTED 448 CINTAS CORPORATION 3,786.68 41462 11/30/2022 PRINTED 163 CLINICAL LABORATORY OF SAN BERNARDINO, INC 2,444.75 41463 11/30/2022 PRINTED 1448 COLLEGE GLASS INC 397.00
41464 11/30/2022 PRINTED 45421 COSTAR REALTY INFORMATION GROUP INC 604.00 41465 11/30/2022 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 90.74 41466 11/30/2022 PRINTED 1500 ONLINE REPLACEMENT CUSHIONS INC 126.07 41467 11/30/2022 PRINTED 401 DANIEL RODRIGUEZ 125.00
41468 11/30/2022 PRINTED 401 DANIEL RODRIGUEZ 125.00
41469 11/30/2022 PRINTED 16636 DELL MARKETING LP 8,813.24 41470 11/30/2022 PRINTED 124 DEPARTMENT OF JUSTICE 260.00 41471 11/30/2022 PRINTED 2130 DEPT OF CONSERVATION 3,404.62 41472 11/30/2022 PRINTED 4402 VARGAS, LUPE B 310.00
41473 11/30/2022 PRINTED 10485 EXPERIAN 77.00
Prepared By: Erin Myers Page 6 of 9 12/5/2022Page 8 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41474 11/30/2022 PRINTED 4456 FEDERAL EXPRESS 17.70
41475 11/30/2022 PRINTED 78 FRONTIER 46.51
41476 11/30/2022 PRINTED 78 FRONTIER 126.99
41477 11/30/2022 PRINTED 58311 G H A TECHNOLOGIES 7,961.60 41478 11/30/2022 PRINTED 16410 GEOGRAPHICS 25,467.91
41479 11/30/2022 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS 6,668.20 41480 11/30/2022 PRINTED 290 GRAINGER 993.04
41481 11/30/2022 PRINTED 72691 HAAKER EQUIPMENT CO 209.66 41482 11/30/2022 PRINTED 629 HONEYCOTT, INC 260.00
41483 11/30/2022 PRINTED 1333 HR GREEN PACIFIC 13,995.00 41484 11/30/2022 PRINTED 17528 INNOVATIVE PRINTING CONCEPTS 1,416.38 41485 11/30/2022 PRINTED 1161 IPS GROUP INC 72.36
41486 11/30/2022 PRINTED 284 J G BAUTISTA CONSULTING 6,075.00 41487 11/30/2022 PRINTED 9970 JON'S FLAGS & POLES 3,015.64 41488 11/30/2022 PRINTED 1293 JUDGE NETTING INC 43,200.00 41489 11/30/2022 PRINTED 80561 KEENAN & ASSOCIATES 4,833.37 41490 11/30/2022 PRINTED 937 TURNER, KIMBERLY 3,954.00
41491 11/30/2022 PRINTED 20251 KIRK, JACOB 983.98
41492 11/30/2022 PRINTED 743 KNOWBE4, INC 3,343.90
41493 11/30/2022 PRINTED 1577 LAW OFFICES OF JONES & MAYER 50.00 41494 11/30/2022 PRINTED 91491 LIBRARY SYSTEMS & SERVICES LLC 15,103.89 41495 11/30/2022 PRINTED 16385 MAIN STREET SIGNS 6,434.29 41496 11/30/2022 PRINTED 680 MCCULLOUGH, ANDREW 163.18
41497 11/30/2022 PRINTED 824 MK CONSULTING 1,979.82
41498 11/30/2022 PRINTED 5109 MR KEYS-AABOC-JACKS 443.88 41499 11/30/2022 PRINTED 473 MUNICIPAL MAINTENANCE EQUIPMENT INC 205.84 41500 11/30/2022 PRINTED 1509 NAKAMURA, SARA 259.26
41501 11/30/2022 PRINTED 1288 NEARMAP US, INC 5,000.00
41502 11/30/2022 PRINTED 16877 NEXTDAY DELIVERY SERVICE, LLC 158.04 41503 11/30/2022 PRINTED 83491 NOBEL SYSTEMS 6,800.00
41504 11/30/2022 PRINTED 340 O'BRIEN, KYLE 60.06
41505 11/30/2022 PRINTED 42771 OCCU-MED LTD 3,318.00
41506 11/30/2022 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 149.00 41507 11/30/2022 PRINTED 30161 PAINT BUCKET INC 70.78
41508 11/30/2022 PRINTED 402 PFEILER & ASSOCIATES ENGINEERS, INC 360.00 41509 11/30/2022 PRINTED 1257 PONTON INDUSTRIES 1,269.38 41510 11/30/2022 PRINTED 1179 PREMIER INVESTMENTS ENTERPRISES, INC 6,000.00 41511 11/30/2022 PRINTED 992 PRISTINE UNIFORMS, LLC 976.09 41512 11/30/2022 PRINTED 349 RAIN MASTER IRRIGATION SYSTEMS 245.85 41513 11/30/2022 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 677.95 41514 11/30/2022 PRINTED 67381 ROUTE 66 CAR WASH INC 985.00 41515 11/30/2022 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 900.00 41516 11/30/2022 PRINTED 90591 S & J SUPPLY CO INC 8,773.67 41517 11/30/2022 PRINTED 3662 SAFETY-KLEEN SYSTEMS, INC 227.77 41518 11/30/2022 PRINTED 601 SAN ANTONIO WATER CO 234,564.57 41519 11/30/2022 PRINTED 9325 ST JOSEPH CHURCH 4,999.97 41520 11/30/2022 PRINTED 11000 TEAGUE, LON 456.45
41521 11/30/2022 PRINTED 4463 THE COUNSELING TEAM 1,800.00 41522 11/30/2022 PRINTED 18181 TIERRA WEST ADVISORS LLC 8,813.77 41523 11/30/2022 PRINTED 1296 TRANSTECH 12,320.00
41524 11/30/2022 PRINTED 17323 UPLAND POLICE FOUNDATION 50.00 41525 11/30/2022 PRINTED 766 WEST END CONSOLIDATED WATER CO 165,286.98 41526 11/30/2022 PRINTED 51 STEVEN WYNO 79.99
Prepared By: Erin Myers Page 7 of 9 12/5/2022Page 9 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41527 11/30/2022 PRINTED 999999 BOYADIJAN FAMILY TRUST 3,396.87 PRINTED CHECKS (367 COUNT)3,406,637.95$
110222001 11/02/2022 MANUAL 754 PUBLIC AGENCY COALITION ENTERPRISE 93,536.97 110222002 11/02/2022 MANUAL 32091 SOUTHERN CALIF EDISON CO 189,977.67 110222003 11/02/2022 MANUAL 543 SOUTHERN CALIF GAS COMPANY 1,965.05 110422001 11/04/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 3,899.14 110422002 11/04/2022 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 299.00 110422003 11/04/2022 MANUAL 624 DEPT OF THE TREASURY 350.00 110422004 11/04/2022 MANUAL 621 KAREN LONG 187.50
110422005 11/04/2022 MANUAL 1499 EMPOWER RETIREMENT LLC 45,314.41 110422006 11/04/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,048.29 110422007 11/04/2022 MANUAL 618 ICMA-RC 1,743.25
110422008 11/04/2022 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 950.00 110422009 11/04/2022 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 988.50 110422010 11/04/2022 MANUAL 737 UPLAND POLICE OFFICERS ASSN 4,397.50 110822001 11/08/2022 MANUAL 43651 U S BANK NATIONAL ASSN 54,554.80 110822002 11/08/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 3,441.69 110822003 11/08/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 2,033.97 110822004 11/08/2022 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 839.45 110822005 11/08/2022 MANUAL 960 MUNICIPAL DENTAL POOL 24,742.04 110822006 11/18/2022 MANUAL 80561 KEENAN & ASSOCIATES 211,766.73 110822007 11/08/2022 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 576,812.04 110922001 11/09/2022 MANUAL 65181 CALPERS 161,110.85
110922002 11/09/2022 MANUAL 91491 LIBRARY SYSTEMS & SERVICES LLC 115,962.00 111522001 11/15/2022 MANUAL 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 1,738.00 111622001 11/16/2022 MANUAL 1337 STANDARD INSURANCE COMPANY 2,948.23 111622002 11/16/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 27,610.33 111622003 11/16/2022 MANUAL 83401 CARL WARREN & CO 18,168.51 111722001 11/17/2022 MANUAL 116231 NEOPOST USA INC 5,000.00 111822001 11/18/2022 MANUAL 132551 AMERICAN FIDELITY ASSURANCE 3,669.84 111822002 11/18/2022 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 299.00 111822003 11/18/2022 MANUAL 621 KAREN LONG 187.50
111822004 11/18/2022 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,240.04 111822005 11/18/2022 MANUAL 618 ICMA-RC 1,843.75
111822006 11/18/2022 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 930.00 111822007 11/18/2022 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 988.50 111822008 11/18/2022 MANUAL 737 UPLAND POLICE OFFICERS ASSN 4,572.50 112122001 11/21/2022 MANUAL 624 DEPT OF THE TREASURY 350.00 112322001 11/23/2022 MANUAL 32091 SOUTHERN CALIF EDISON CO 87,392.33 112922001 11/29/2022 MANUAL 65181 CALPERS 160,870.89
112922002 11/29/2022 MANUAL 1499 EMPOWER RETIREMENT LLC 45,149.79 112922003 11/29/2022 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 633,384.10 112922004 11/29/2022 MANUAL 10720 CITIZENS BUSINESS BANK 15,400.00 112922005 11/29/2022 MANUAL 10720 CITIZENS BUSINESS BANK 15,400.00 112922006 11/29/2022 MANUAL 10720 CITIZENS BUSINESS BANK 8,453.00 MANUAL CHECKS (43 COUNT)2,531,517.16$
39985 07/27/2022 VOID 295 INLAND EMPIRE UNITED WAY (21.00) 40061 08/03/2022 VOID 295 INLAND EMPIRE UNITED WAY (21.00) 40712 09/21/2022 VOID 28871 GRAFFITI PROTECTIVE COATINGS (6,668.20) 40986 10/12/2022 VOID 1406 HOUALLA ENTERPRISES, LTD (31,350.95) 41088 10/19/2022 VOID 601 SAN ANTONIO WATER CO (8,000.00) Prepared By: Erin Myers Page 8 of 9 12/5/2022Page 10 of 11
CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 41089 10/19/2022 VOID 601 SAN ANTONIO WATER CO (8,000.00) VOIDED CHECKS (6 COUNT)(54,061.15)$
PRINTED CHECKS (367 COUNT)3,406,637.95$
MANUAL CHECKS (43 COUNT)2,531,517.16$
VOIDED CHECKS (6 COUNT)(54,061.15)$
PRINTED & MANUAL CHECK TOTALS 5,884,093.96$
Prepared By: Erin Myers Page 9 of 9 12/5/2022Page 11 of 11
S T A F F R E P O R T
I T E M N O . 10.G .
D A T E :D ecem b er 12 , 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
R I C H A R D S M I D E R L E , O P E R A T I O N S M A N A G E R S U B J E C T :C O N S I D E R A T I O N O F A N A G R E E M E N T F O R PA R K R E S T R O O M
C L E A N I N G A N D LO C K U P
R E C O M M E N D E D A C T I O N
I t is rec om m end ed t h at the C it y C ou nc il ap p rove a P rofession al S ervi ce A g reem en t w ith Valley M ain ten an c e C orp . for Park Rest room C l eani ng & L ocku p S ervic es an d au th orize the C ity M an ag er or hi s/h er d esig nee to execu te all n ec ess ary an d relat ed d ocum ent s to im p lem en t the A g reem en t.
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 ob jecti ve to con ti n u e to m ain tain an d im p rove C ity p u b lic p ark facility infrastru cture.
B A C K G R O U N D
Th e C ity of U p land ow ns and op erates 10 p arks wh ich inclu d e restroom facilities: O lived ale Park, C i trus Park, M em ori al Park & C om m un ity B ui ld in g s , B ald y V i ew Park, C ab ri ll o Park, S ierra V i st a Park, M ag n ol ia Park & Recreati on C en ter, G reen b el t Park, M c C arth y Park and S an A n ton io Park. E ach p ark's rest room fac il it y m ust b e op en ed , c los ed , loc ked -u p , and clean ed d aily inclu d ing b eing p ressured wash on a reg ul ar b asi s. I n ad d i ti on , t h e C it y als o ow n s an d op erates a p ub lic rest room l ocat ed on t h e Pacific E lectric B ike Trail n ear 2 nd Ave s ou t h of D S t.
H istorically, th e C i ty has con tract ed p ark restroom c lean in g & lockup services (i n c lu d i n g the b ike trail rest room ) as a p art of t h e L and sc ap e M ai nt enan ce S ervice C ont ractor scop e of w ork.
Th e C it y’s C i tywi d e L an d sc ap e S ervices A g reem en t exp i red on O c tob er 3 1, 20 22 , an d w it h the
reb id for a new L and scap e S ervic e C on t rac t, C i ty st aff s ep arated t h e p ark restroom m aintenan ce s ervi ces from th is c ont rac t since t he restroom s ervi ces are t yp i cal ly assig ned to a su b contractor. S taff ant icip ates th at a d irect contract wi th t he Park Res troom C on tract or w ill let th e C ity to realize som e cost savi ng as w ell as p rovid e the C it y with d i rec t con tact t o the restroom ven d or.
Th e C it y award ed a b rid g e c on t rac t with a res troom ven d or t o c over the p eriod wh en the L and scap e S ervices C on tract end ed throug h D ecem b er 3 1, 2 02 2.
I S S U E S /A N A L Y S I S
O n N ovem b er 17 , 2 02 2, C it y st aff solicited Req u est for P rop os als (R F P ) w hich in cl u d ed C ity w eb site ad vertisem ent and n ot ifi cat ion to janitorial service vend ors. O n N ovem b er 30 , 2 02 2, C ity st aff recei ved five (5 ) b id p rop osal s for P rofessional S ervices A g reem en t N o. 23 -00 2, results are as follow s:
Valley M aintenan ce C orp . - $8 3,1 48 .00
B ase H ill, I nc. - $9 2,6 74 .68
G uaranteed J anitorial S ervices, I nc. - $1 17 ,60 0.0 0 Trin ity Facilities S ervices, I n c. - $23 7,5 58 .00
C om m ercial C lean in g S ervices - $2 38 ,14 9.0 0
C ity st aff h as revi ew ed the b i d in form ati on an d con firm ed t h at Val ley M ain ten ance C orp . i s the lowest resp on sive b id d er. T he tot al an nu al b i d am oun t is $83 ,14 8 for rest room c lean in g & lockup servic es. T he A g reem en t term is for eig ht een (18 ) m on th s w it h th e C i ty's rig h t to exten d the term for three (3) ad d itional one-year op tion s.
E N V I R O N M E N T A L D E T E R M I N A T I O N
S ince th is p roject is m ai n t en an ce of an exis ti n g facil it ies, the en viron m en t al d et erm in ation for th is p roject is C ateg orically E xem p t from the C aliforn ia E n vironm ental Q u ality A ct (C E Q A ).
F I S C A L I M P A C T S
Th e ad op t ed F Y 2 02 2-2 3 op eratin g b u d g et con tai ns s u ffi ci en t fun d s in th e Park M aintenan ce C on tract S ervic es accoun t (1 01 -54 20 -52 53 ) for th e p rop osed Rest room C lean in g & L ocku p S ervices.
A L T E R N A T I V E S
P rovid e altern ative d irection to staff.
AT TAC HM E NT S :
Description
Agreement
Proposal
- 1 -
CITY OF UPLAND
PARK RESTROOM CLEANING & LOCKUP SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 12th day of December, 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 Valley Maintenance Corp., a Corporation with its principal place of business at 11759 Telegraph Road, Santa Fe Springs, CA, 90670 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing landscape maintenance 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 is familiar with the plans of City.
Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for Public Park Restroom Facilities Cleaning & Lockup Services (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 1, 2023 to June 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
- 2 -
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and 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 of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance
3.2.1.1 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.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Operations Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
- 3 -
3.2.5 Contractor’s Representative. Contractor hereby designates the Vice President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, 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 Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services 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 Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit “A” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, 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, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
- 4 -
3.2.10 Laws and Regulations; Employee/Labor Certifications. 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 Project or the Services, 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 Services. If the 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 f or 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 Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
- 5 -
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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.
3.2.10.6 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 California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ 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 Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, 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); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s 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.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. 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 this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
- 6 -
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement 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.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the 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 Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) 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 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: minimum amount of $1,000,000 per occurrence; and $2,000,0000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: minimum amount of $1,000,000 combined single limit per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation/Employer’s Liability limits with a minimum amount of $1,000,000 per accident for bodily injury or disease, as required by the Labor Code of the State of California; (4) Professional Liability: minimum amount of $1,000,000 per claim and aggregate (errors and omissions) .
Defense costs shall be paid in addition to the limits.
(C) 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 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 Agreement 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 Agreement.
- 7 -
(D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of th e insurance policy which arise from work performed by the Contractor. (D) Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Contractor 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 Contractor. “Covered Professional Services” as designated in the policy must specifically include
- 8 -
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) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) 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 directors, officials, officers, employees, agents, and volunteers.
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, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. 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 directors, officials, officers, employees, agents, and volunteers.
All required insurance coverages, except for the professional liability coverage, shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 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 directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement 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 provided by the City if requested. 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.
- 9 -
3.2.11.9 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 Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the 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: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and mainte nance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “A” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “A” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 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 affected bond within 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 Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. 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
- 10 -
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 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, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services 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 Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services 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 Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services 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 Services 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 verifying 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 the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
- 11 -
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.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total annual compensation shall vary, subject to City Council approval of the annual budget itemized for Public Park Restroom Cleaning & Lockup Services, including routine monthly services as well as Additional Extra Services, which may be authorized, as described below.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement 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.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 Extra Services. At any time during the term of this Agreement, City may request that Contractor perform Extra Services. As used herein, “Extra Services” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Services up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (basic compensation amount and Extra Services) exceed fifty thousand dollars ($50,000.00). Any Extra Services in excess of this amount shall be approved by the City Council.
Contractor shall not perform, nor be compensated for, Extra Services without written authorization from City’s Representative.
3.3.6 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 certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
- 12 -
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 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 Contractor and all subcontractors 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.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
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. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, 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 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.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
- 13 -
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Valley Maintenance Corp.
Bruce M. Hwang, Vice President
11759 Telegraph Road
Satna Fe Springs, CA, 90670
City:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Michael Blay, City Manager
With Copy To:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 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 Agreement, 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 injury 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.
- 14 -
3.5.2.2 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 indemnification section that may be brought or instituted against City or its officials, employees, agents and 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 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 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 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 Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
- 15 -
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. 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 Agreement. 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 Agreement. Contractor further agrees to file, or shall 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 th e Services. 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 member, 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.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON FOLLOWING PAGE]
- 16 -
SIGNATURE PAGE FOR
MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF UPLAND
AND VALLEY MAINTENANCE CORP.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF UPLAND
APPROVED BY:
BILL VELTO
Mayor
ATTESTED BY:
KERI JOHNSON,
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VALLEY MAINTENANCE CORP.
By:
Its:
VICE PRESIDENT______________________
Printed Name:
BRUCE M. HWANG_____________________
By:
Its:
VICE PRESIDENT______________________
Printed Name:
EUGENE LEE_________________________
_N/A_________________________________
Contractor’s License Number
_JS – LB – 1000657494_________________
DIR Registration Number
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
PUBLIC PARKS RESTROOM FACILITIES
CLEANING & LOCKUP SERVICES
The intent of this Request for Proposals is to solicit sealed proposals from highly qualified Cleaning firms with expertise in Public Parks Restroom Facilities Cleaning & Lockup Services.
The Public Works Department is responsible for providing Public Parks Restroom Facilities Cleaning Services to City Park restrooms.
The City of Upland requires the services of a professional Public Parks Restroom Facilities Cleaning Service contractor to provide routine Public Parks Restroom Facilities Cleaning & Lockup Services.
The vendor shall have sufficient qualified personnel and equipment to provide routine and on-call emergency response services, as needed and requested by the City. The City’s goal is to provide restroom cleaning and lockup on a daily frequency.
The City is committed to its Public Parks Restroom Facilities Cleaning & Lockup Services.
However, financial constraints may extend the restroom cleaning beyond the five-year goal. The yearly work program is subject to the funding available. The vendor and staff will work together to develop the work program; however, City staff will make and request the work to be performed by the vendor.
The proposer shall demonstrate their ability to meet the requirements of the scope of services in a cost-effective manner.
The City intends to award contracts to the most qualified proposer that will provide the best value to the City for Public Parks Restroom Facilities Cleaning Services area based upon the specifications included in this Request for Proposals.
The term of the Agreement will be Eighteen (18) Months with possible three one (1) year extensions granted at the City’s sole and absolute discretion. The City reserves the right to alter or modify any of the service areas in their sole and absolute discretion.
EXHIBIT A
1. Specifications
Restroom Cleaning
Clean restrooms daily at closing, 365 days per year. (Closing times will be at dusk) Contractor will close / lock restrooms after cleaning service. Additional hours may be requested on weekends, rentals, and special events, contractor will be notified no less than 7 days in advance.
Restroom cleaning includes but is not limited to removing all litter and debris, sweeping, and washing floors utilizing garden hose & water, scrubbing toilets, sinks and urinal with disinfecting cleaner, and refilling toilet paper as needed. Stock supplies (toilet paper only-Contractor to provide) Wipe down with sanitizer solution, faucets, sinks, hand dryers, changing stations. Remove/easily removable smudges and/or writing on walls & partitions. Clean & sanitize high touch areas & doorways.
Removal of debris, cobwebs, tape, and staples.
Report any and all issues and/or maintenance items to Upland Public Works. Pressure Washing Detail - 3,000 psi, hot water, & disinfecting solution.
2. Pressure Washing Detail
Complete interior pressure washing with disinfectant shall be performed on each Friday at the following Park Restroom Facilities:
Citrus Park
Olivedale Park
Bike Trail Restroom
Memorial Park = 2 (Rotary Field & Skatepark)
Baldy View Park
Cabrillo Park
3. Service Locations
Park Restroom Facilities are located at the following locations:
Citrus Park
Olivedale Park
Bike Trail Restroom
Memorial Park = 2 (Rotary Field & Skatepark)
Baldy View Park
Cabrillo Park
Greenbelt Park
Magnolia Park
Sierra Vista Park
McCarthy Park
San Antonio Park
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES
MAINTENANCE DAYS: MONDAY THROUGH SUNDAY (365 DAYS)
Public Park Restrooms Facilities Assets
Location Restroom
Sq. Ft. Sinks Toilets Urinals Pressure
Wash Fri.
1 Citrus Park – 8th Street & Sherman Way 240 2 3 1 Yes
2 Olivedale Park – 8th Street East of Sultana Ave. 345 2 3 1 Yes 3 Bike Trail Restroom – 2nd Ave. South of D St. 85 1 2 0 Yes 4 Memorial Park – Foothill East of Hospital Pkwy.
2 Buildings (Rotary & Skatepark) 420 4 7 3 Yes
5 Baldy View Park – 11th Street East of Mountain 240 2 3 1 Yes 6 Cabrillo Park – 11th Street East of Benson Ave. 370 2 5 2 Yes 7 Greenbelt Park – 15th Street East of Benson Av. 260 2 3 1 No 8 Magnolia Park – 15th Street East of San Antonio 245 4 5 2 No 9 Sierra Vista Park – 15th Street & 2nd Ave. 340 2 3 1 No 10 McCarthy Park – San Antonio & 20th Street 340 2 3 1 No 11 San Antonio Park – Mountain & 24th Street 340 2 3 1 No X Totals 3,225 25 40 14 ------
EXHIBIT C
EXHIBIT C
COMPENSATION
NAME OF PROPOSER: ________Valley Maintenance Corp._________________ The undersigned, hereby declare that we have examined all locations of the proposed Services, and understand the Contract Documents, including all conditions, specifications, and all Addenda, if any, for Public Parks Restroom Facilities Cleaning & Lockup Services, 23 - 002. The City has established Public Parks Restroom Facilities Cleaning Services as part of this RFP process.
The City will review all Public Parks Restroom Facilities Cleaning Services and will award the contract to the proposer that will provide the City with the best value for that specific Service. We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following:
Public Parks Restroom
Facilities Cleaning & Lockup
Services
$_______ __83,148.00_____________________
Annual Total Cost
__________Eighty-Three Thousand, One Hundred Forty-Eight_______________
Public Parks Restroom Facilities Cleaning Services (Price in Written Form)
SCHEDULED SERVICES ANNUAL
COST
Daily Restroom Cleaning & Lockup – Parks 1-11 (365 Days) $ 61,860
Friday Pressure Washing – Parks 1-6 (52 Days)
$ 18,720
EXTRA SERVICES (T&M) ANNUAL
COST
Restroom Cleaning - $ ___42.00 __ H.R. X 24 Man Hours/Annually = $ 1,008
Pressure Washing - $ ___65.00 __ H.R. X 24 Man Hours/Annually = $ 1,560
S T A F F R E P O R T
I T E M N O . 10.H .
D A T E :D ecem b er 12 , 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
J O H N R O B L E S, A C T I N G U T I L I T I E S M A N A G E R S U B J E C T :C O N S I D E R A T I O N O F A P R O F E S S I O N A L S E R V I C E A G R E E M E N T
F O R T H E P R E PA R A T I O N O F A W A S T E W A T E R C O L L E C T I O N
S Y S T E M M A S T E R P L A N
R E C O M M E N D E D A C T I O N
I t is rec om m en d ed th at t he C it y C oun cil award a p rofes si on al service ag reem ent w it h B row n and C al d wel l for p rep arat ion of th e 20 23 W ast ew ater C ol lec ti on S yst em M aster P l an in the am ou nt of $54 3,6 96 , aut horize th e C it y M an ag er to execut e th e ag reem en t and any fu tu re am en d m ents w it hin th e C ity M an ag er’s au t h orit y; and ap p rove a b u d g et t ran sfer t o rep ort the M aster P lan u nd er on e p roject nu m b er.
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 t o m ain tain an d i m p rove th e C i ty’s wastewater collection system .
B A C K G R O U N D
Th e m ost recen t Wastew ater C ollection System M aster P lan was up d ated in 2 00 6.
I S S U E S /A N A L Y S I S
At this tim e an u p d ate to th e citywid e wastewater collection system m aster p lan is n eed ed .
Th e C ity’s g oal is to create a com p rehen sive up d ate to the cityw id e w astew ater m aster p lan th at w il l inclu d e an u p d ated G I S -b ased hyd rau lic m od eli ng system an d m ap p in g tool s. T he d ocum ent an d th e new m od eli ng s yst em will b e a g ui d e for p lan ning , op erat in g , an d m aintain in g the C ity’s wastewater collection system and in frastructu res. Th e p roject w ould
evalu ate the C ity's w astew ater system and id entify recom m en d ed w astew ater system cap ital im p rovem en ts. A s t he C ity's w as tew at er i n frast ru ct u re ag es, it is c ru ci al t o id ent ify the need ed syst em i m p rovem en t s, w i th p articular at ten ti on t o all ow in g su fficien t t im e to p lan, fin ance, and con stru ct th e im p rovem en ts.
O n S ep tem b er 6, 2 02 2, the C i ty p ost ed on it s web site an d sen t t o local firm s a Req u est For P rop osal (R F P ) for th e p rep arat ion of a W ast ew ater C oll ect ion Sys tem M ast er P l an U p d ate.
Th e C ity received th ree p rop osals b y the d ead line of O ctob er 3, 20 22 . Th e p rop osals w ere review ed an d g rad ed as d es crib ed in th e R F P b y a p anel of C it y staff. T he C it y staff p an el ran ked t h e p rop osals then averag ed th e ranking s an d in terviewed the t op two firm s. A fter the in terviews, th e top firm was B row n an d C ald w ell.
B row n an d C ald w ell 's p rop os al w as $54 3,6 96 , w hich also in cl ud es val ue ad d ed op t ion al tasks as listed b elow.
F low M onitorin g $9 7,1 17
S ew er System M an ag em ent P lan & A ud it $7 5,6 96 S tory M ap $1 4,2 10
A s-N eed s S up p ort S ervices $1 8,1 90
A sset M anag em en t $5 0,0 00
B row n an d C al d wel l's orig inal b ase p rop osal was $57 6,2 91 b ut a c ost s avin g s was g iven sin ce th e p rop oser has a c u rren t c ont rac t with t h e C it y to u p d at e th e Water an d Recycled Water System M aster P lan . Th e W ater an d Recyc led W ater Sys tem M ast er P l an an d Wastewater C ollection Sys tem M aster P lan h ave overl ap p in g in form ation an d m eetin g s th at accoun t for a cost saving s. T he m aster p lan s w ill b e con join ed in to a s in g l e M ast er P l an th at w il l inclu d e Water, Rec ycl ed Wat er S yst em M aster P lan , Wastew ater C ol lec ti on S yst em and S ew er System M aster P lans.
E N V I R O N M E N T A L D E T E R M I N A T I O N
S ince t his p roject is a p l an n in g d ocu m en t, th e environ m en tal d eterm i nat ion for th is p rojec t is E xem p t from the C aliforn ia E n vironm ental Q u ality A ct (C E Q A ).
F I S C A L I M P A C T S
Th e C ity C oun ci l ap p roved a F iscal Year 20 22 -23 C ap ital I m p rovem en t P rog ram b u d g et for th e S ew er M aster P l an U p d ate un d er accoun t nu m b er 6 45 -75 00 -94 00 3 in th e am oun t of $3 00 ,00 0. I n ad d i ti on , sin ce B row n an d C al d w el l’s p rop os al inclu d ed t he com p letion of a S ewer Sys tem M an ag em ent P lan & A u d i t as an op t ion al item , t h e C it y C ou ncil al so ap p roved a F iscal Year 2 02 2-2 3 C ap i tal I m p rovem en t P rog ram b u d g et item for th e S ewer Syst em M aster P lan U p d ate u nd er ac cou n t n um b er 64 5-7 50 0-9 40 04 in th e am oun t of $20 0,0 00 . A n ad d ition al al loc ati on from acc ou n t nu m b er 6 45 -75 00 -94 00 7 in th e am oun t of $4 3,6 96 is req uired to m eet th e contract p rice of $5 43 ,69 6 w hich inclu d es the op tion al tasks as recom m end ed b y staff.
A b u d g et tran s fer i s rec om m en d ed t o m ove $2 00 ,00 0 from accoun t n u m b er 6 45 -75 00 -94 00 4 and $43 ,69 6 from accou nt n um b er 6 45 -75 00 -94 00 7 to th e m ain S ew er M as ter P lan cap ital p roject accou nt . A ft er the transfers, t h e en tire $5 43 ,69 6 p roject w ou ld b e rec ord ed in accoun t 64 5-7 50 0-9 40 03 .
A L T E R N A T I V E S
P rovid e altern ative d irection to staff.
AT TAC HM E NT S :
Description
Agreement
CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of December 12, 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 Brown and Caldwell , a California Corporation with its principal place of business at 18500 Von Karman Avenue, Suite 1100, Irvine, CA 92612 (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:
2023 Wastewater Collection System Master Plan Update (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. Except as otherwise set forth in Section 2C the total amount paid for services rendered by Consultant under this Agreement shall not exceed the sum of $543,696.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.
3. Additional Work.
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. Time of Performance.
The term of this Agreement shall be from December 12, 2022, to December 12, 2023 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). 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 ag encies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
following:
(iii) Commercial General Liability Insurance must include coverage for the
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form
specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self - insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three
years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(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 payme nt of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations.
Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the
City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
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 Amy Martin as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Public Works Director
CONSULTANT:
Brown and Caldwell
18500 Von Karman Avenue, Suite 1100
Irvine, CA 92612
Attn: Amy Martin
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
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]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND BROWN AND CALDWELL
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND BROWN AND CALDWELL
By: By:
Michael Blay
City Manager Its:
Printed Name:
ATTEST: By:
By:
Its:
Printed
Name:
Keri Johnson
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
EXHIBIT A
Scope of Services
TASK 1: PROJECT MANAGEMENT, COORDINATION, AND MEETINGS
TASK 1.1 | PROJECT MANAGEMENT & COORDINATION
This task includes managing the project team to track time and budget, work elements accomplished, work items planned for the next period, and budget needed to complete the project. This task also includes the preparation of monthly progress reports that will include the status of tasks, summary of budget, potential issues or concerns, and next steps. The effort of this task is based on a twelve (12) month project duration. In addition, BC will prepare a detailed project schedule with pertinent milestones for all tasks and subtasks. The first schedule and workflow plan will be presented at the kickoff meeting and will be updated on an as- needed basis.
Since the projects will be managed as two separate contracts, the level of effort was only slightly reduced with the assumption that progress reports will be combined with the Water and Recycled Water System Master Plan Update.
TASK 1.2 | PROGRESS MEETINGS
BC will attend up to twelve (12) virtual progress meetings (including the kick-off meeting). An agenda will be provided prior to the progress meetings and notes will be prepared and provided to the City after the meeting. In addition, a detailed action item and decision log will be maintained throughout the project to facilitate smooth project execution and clearly delineate responsibilities and deadlines. It is assumed that progress meetings will be two (2) hours in duration.
The level of effort for progress meetings has been reduced with the assumption that up to 5 progress meeting will be consolidated and performed in coordination with the Water and Recycled Water System Master Plan Update. Coordination between the two projects is critical to maintain consistency and cohesiveness.
TASK 1.3 | CITY COMMITTEE, COUNCIL, OR WORKSHOPS
BC will coordinate and attend up to four (4) in-person City Committee, Council, or Workshop meetings with City staff and/or stakeholders to obtain input on the City’s sewer system, connection points, and conversions from septic to sewer in the unincorporated areas that may not overlap with the water service area. An agenda and notes will be prepared and provided to the City after the meeting. It is assumed that workshops and City Council meetings will be up to four (4) hours in duration. In addition, in preparation for the City Council meetings, a Power Point presentation will be prepared.
It is assumed that three of the meetings under this task will combined with the Water and Recycled Water System Master Plan Update project. A reduced level of effort was included for additional meeting materials required for the City’s collection system.
TASK 1.4 | QUALITY ASSURANCE AND QUALITY CONTROL
BC will perform QA/QC at key milestones throughout the project. Submittals to the City shall include a cover sheet signed by QA/QC lead indicating that a review was completed and the submittal is satisfactory for delivery to the City.
Deliverables for Task 1: Agendas, Meeting Notes, Action & Decision Log, Schedule Updates, City Council Power Point Presentations, Monthly Progress Reports, and QA/QC Cover Sheets It is assumed that the Master Plan report deliverables will be integrated with the Water and Recycled Water System Master Plan Update project. Therefore, the level of effort was reduced to only include the hydraulic model calibration, system analysis, and collection system recommendations.
TASK 2: RESEARCH AND DATA ACQUISITION
TASK 2.1 | DATA COLLECTION LIST AND UPDATES
BC will prepare a prioritized data collection list to track the status of various documents and coordinate with the City to identify a centralized location to share data, such as, a SharePoint site.
TASK 2.2 | DATA COLLECTION AND REVIEW
BC will collect and perform a cursory review the City’s relevant planning documents provided in the FP as well as the latest GIS and customer billing data, general plan land-use information, demand and flow forecasting studies, feasibility studies, record drawings, and any other pertinent data. The in-depth evaluation of information will be performed under subsequent tasks. It is assumed that the data collected as part of the Water and Recycled Water Master Plan Update will be used to develop planning projections. Areas that are not included within the water service area may require additional coordination to obtain necessary billing and water usage data.
The data collection list will be combined and maintained with the existing data collection list developed for the Water and Recycled Water System Master Plan Update. The level of effort assumes adding wastewater specific data needs and a cursory review.
Deliverables for Task 2: Data Collection List
TASK 3: SYSTEM ANALYSIS
TASK 3.1 | SUMMARIZE EXISTING COLLECTION SYSTEM
BC will summarize the City’s existing collection system infrastructure and recent infrastructure projects. The collection system facilities will be summarized in a table and documented in the Master Plan Update. In addition, existing agreements with partnering or regional agencies will be summarized.
TASK 3.2 | PERFORM SYSTEM RESILIENCE ANALYSIS
BC will perform a resilience analysis that identifies collection system vulnerabilities and recommends alternatives to address improve system resilience and operational flexibility. For budgeting purposes, up to three (3) system failure scenarios—such as a trunk failure due to seismic activity—will be performed to assess system resiliency needs. BC will work with City staff to develop the system failure scenarios. The analysis will be summarized with figures and documented in the Master Plan update. Projects to address resiliency needs will be developed under Task 6.
TASK 3.3 | REVIEW THE CITY’S FOG CONTROL AND SSO RESPONSE PROGRAMS BC will review the City’s history of fat, oil, and grease (FOG) issues and sanitary sewer overflows (SSOs) to identify possible improvements to the FOG control and SSO response programs. This review and subsequent recommendations will be documented in the Master Plan update and may be incorporated into the City’s SSMP update (Optional Task 9.2). BC will consider proposed changes to the Sanitary Sewer System General
Order, which will impact the future SSMP reporting requirements, including streamlining data, incorporating other SSO related issues
TASK 3.4 | DRAFT SYSTEM ANALYSIS REPORT SECTIONS
BC will consolidate information reviewed and analysis performed under Task 3.1 through 3.3 to draft the System Analysis report sections. The deliverable will be provided under Task 8.
Deliverables for Task 3: Summary Tables of Existing System Infrastructure, figures illustrating the Resilience Analysis, and recommended updates to the FOG Control and SSO Response Programs
TASK 4: EXISTING AND FUTURE SYSTEM FLOWS (CAPACITY ANALYIS)
TASK 4.1 | SUMMARIZE HISTORICAL FLOW DATA
Historical flows and discharges to the IEUA regional collection system and the diversions to the City’s minor sewersheds (Claremont and Montclair) will be compiled and summarized from the previous 5-years. Water billing data will be reviewed and analyzed to establish the relationship between potable water use and existing collection system flows and prepare for the initial loading of dry weather flows to the collection system hydraulic model. It is assumed that the City will provide data in a usable format. Data will be summarized in a table and graphic format and documented within the Master Plan Update.
TASK 4.2 | UPDATE LAND USE PROJECTIONS AND WORKSHOP
This task will be coordinated with the Water and Recycled Water System Master Plan Update effort. Under the Master Plan Update effort, BC will use the City’s GIS, general plan, and current zoning map as well as other pertinent planning documents and discussions with the City’s development staff to describe the current and proposed land uses within the City’s service area and update the sewer flow factors using the latest data (in coordination with Task 4.3 and Task 4.4). A supplemental workshop may be scheduled (as needed) to review future land use (focusing on areas of potential septic conversion) and sewer flow factors developed as part of existing planning studies. Any sewer-specific questions to be discussed with the City (following the planning workshop) will be covered in a Progress Meeting, budgeted under Task 1.
The workshop will be combined with the existing Water and Recycled Water System Master Plan Update.
Therefore, the level of effort for preparation and travel time has been reduced. It is also assumed that the same baseline General Plan land use data and future developments will be used for both projects.
TASK 4.3 | EVALUATE POTENTIAL FUTURE SCENARIO OUTCOMES
BC will review the conservation and supply scenarios developed as part of the Water and Recycled Water System Master Plan Update effort as well as historic discharge records to establish a range of future flow scenarios in 5-year increments through buildout (or year 2045) based on the potential variation in future water demands. The evaluation and planned scenarios will be discussed with the City to identify the baseline that will be used for the system capacity assessment (Task 6), which will documented in the Master Plan Update and provided to the City under Task 8.
TASK 4.4 | SUMMARIZE PROJECTED WASTEWATER FLOWS
Utilizing the City’s latest billing data and land use changes identified under Task 4.3 as well as the future variability reviewed under Task 4.3, a land use-based flow projection will be developed in 5-year increments through buildout (or by 2045). The flow factors developed as part of Task 4.2 and the analysis will be summarized in a table and documented within the Master Plan Update. Flow factors will be compared with existing planning studies and regional reports that IEUA has developed.
TASK 4.5 | DRAFT EXISTING AND FUTURE FLOW REPORT SECTIONS BC will consolidate information and analysis performed under Task 4.1 through 4.4 to draft the existing and future capacity analysis report sections. The deliverable will be provided under Task 8.
Deliverables for Task 4: Summary Tables of Existing & Projected Flows and a Range of Future Flows.
TASK 5: WASTEWATER SYSTEM MODEL
TASK 5.1 | DEVELOP HYDRAULIC MODEL
Model Development
The City’s previous hydraulic model was developed using obsolete software and is no longer accessible. As part of this effort, BC will develop a new hydraulic model using a selected software with input from the City. For budgeting purposes, PCSWMM is assumed for the model development and will be based on the City’s latest GIS data including all pipelines 8-inches and larger. It is assumed that the City’s GIS data is up to date and mostly complete (e.g. limited missing pipe inverts and diameters or rim elevations). For those areas with missing or inconsistent data, BC will review record drawings to confirm model accuracy. For budgeting purposes, up to 0 hours has been included to review record drawings and update the City’s GIS and modeled facilities to reflect the City’s latest system. If additional time is required after an initial review of the GIS and model is performed, BC will coordinate with the City and discuss before proceeding. The model development and GIS update will be discussed with City staff in progress meetings, which is budgeted under Task 1.
Wastewater Flow Allocation
Existing wastewater flows will be allocated within the hydraulic model to obtain a spatial distribution of the flows, which will be based on a review of parcel, billing, and water use data.
TASK 5.2 | DRAFT AND FINAL CALIBRATION PLAN
A draft and final calibration plan will be developed, which will describe data to be collected for model calibration.
It is assumed that the City, IEUA, and Montclair/Claremont (connections to minor sewersheds) have flow monitoring or metering data suitable for model calibration (15-min increments for a recent dry- and wet- weather period) representative of the City’s entire collection system. If not, BC recommends Optional Task 9. (Flow Monitoring), which will provide the necessary data—and include a detailed flow monitoring plan—for model calibration.
TASK 5.3 | MODEL CALIBRATION AND WORKSHOP
Dry Weather Calibration
Diurnal patterns (or hydrographs for each metered subbasin) will be developed to represent the hourly flow fluctuations based on dry weather flow. BC will assign dry weather flow to model subbasins using a customer- based approach. The dry weather flows will include base wastewater flows, based on water consumption data, and groundwater infiltration (GWI), based on a comparison of modeled to metered flows.
BC will use the wastewater flow factors developed under Task 4.4 and prepare tables and graphs using Excel comparing the calculated flows and the observed flows for all locations where flow monitoring was performed.
Results will be discussed with City staff during the Model Calibration Workshop.
Wet Weather Calibration
Building on the dry weather calibration effort, BC will develop rainfall dependent infiltration and inflow (RDI/I)
factors for the collection system based on observed I/I from flow monitoring data. BC will prepare tables and graphs using Excel comparing the calculated flows and the observed flows for all locations where flow monitoring was performed. Results will be discussed with City staff during the Model Calibration Workshop.
The final calibrated model will be used as the foundation for the evaluation of existing and future conditions.
The final results will be compiled and included in the Draft and Final Modeling Technical Memorandum under Task 5.5 and included as an appendix in the Master Plan Report (Task 8).
TASK 5.4 | DEVELOP EXISTING AND BUILDOUT SCENARIOS IN MODEL The calibrated model will be used as a baseline when setting up the existing and buildout scenarios (or 2045) in the hydraulic model. The flow projections developed under Task 4 will be used when developing the future scenario, including up to two (2) additional sensitivity scenarios based on the range of projected flows. The system analysis will be performed under Task 6, which will identify the need for existing and future facilities.
These facilities will be added into the model under Task 6.
TASK 5.5 | DRAFT AND FINAL MODELING TECHNICAL MEMORANDUM A Draft and Final Modeling TM will be developed to summarize the work completed as part of Task 5.1 through
5.4. the TM will include a summary of the construction of the hydraulic model, demand sets developed, calibration activities, and tables/graphs/figures that document the accuracy of the model calibration results.
TASK 5.6 | HYDRAULIC MODELING SOFTWARE
BC will provide guidance to the City to support their acquisition of three licenses of PCSWMM so that the City make take ownership of the hydraulic model and use it for future updates and additional studies. However, the licenses will be discussed with City staff prior to contract execution and project kickoff. Licenses of PCSWMM (as well as other software vendors like Innovyze) are based on an annual subscription that must be directly purchased by the City. BC will assist with obtaining the necessary license for use by City staff. The City must sign the contract directly with the selected software vendor.
TASK 5.7 | MODEL TRAINING
Upon completion of the model and Master Plan Update, a 2-day training will be scheduled with City staff using the selected software. It is assumed that the City will provide workstations and licenses for the training. A copy of the final model will be provided for the City’s future use.
Deliverables for Task 5: Draft & Final Calibration Plan (electronic copy), Power Points for Model Calibration Workshop, Draft & Final Modeling TM (electronic copy), software licenses, and the Final Wastewater Model.
TASK 6: SYSTEM IMPROVEMENTS/RECOMMENDATIONS
TASK 6.1 | ESTABLISH EVALUATION CRITERIA
BC will work with City staff to establish the design and hydraulic criteria to be used for assessing the capacity of existing sewer facilities and sizing new facilities (including maximum d/D values, slopes, and depth of cover).
BC will also identify approaches for defining an appropriate design storm. BC will review criteria used by neighboring agencies to identify possible criteria baselines and will collaborate with City staff to determine the City’s desired level of service and risk when establishing performance criteria under design storm conditions (e.g. acceptable level of surcharge). The evaluation criteria will be discussed with City staff in a progress meeting, which is budgeted under Task 1.
TASK 6.2 | EXISTING CAPACITY EVALUATION OF WASTEWATER SYSTEM The calibrated hydraulic model developed under Task 5 will be used to perform an existing system evaluation to
identify areas that do not meet the performance criteria established under Task 6.1. This effort will include consideration of possible boundary conditions present at the IEUA interceptor discharge locations. The model will be used to size improvements to meet the criteria. Deficiencies identified will be discussed with City staff in a progress meeting, which is budgeted under Task 1. The model and GIS figures will be used to demonstrate the results and recommended improvements to mitigate deficiencies. The figures will be included in the Master Plan Update under Task 8.
TASK 6.3 | FUTURE CAPACITY EVALUATION OF WASTEWATER SYSTEM Building on the existing system evaluation performed under Task 6, the hydraulic model will be used to perform a future system evaluation to identify areas that do not meet the performance criteria under buildout conditions (or year 2045) and to understand potential changes to those findings under the two (2) sensitivity scenarios.
The model will be used to size improvements to meet the criteria. Deficiencies identified will be discussed with City staff in a progress meeting, which is budgeted under Task 1. The model and GIS figures will be used to demonstrate the results and recommended improvements to mitigate deficiencies. The combined improvements that are related to existing deficiencies and growth will be identified by a percent split when developing the CIP as part of Task 6.5. The figures will be included in the Master Plan Update under Task 8.
TASK 6.4 | DEVELOP SYSTEM RESILIENCE PROJECTS
Based on the findings of Task 3.2, BC will develop projects to increase system resilience and operational flexibility. As appropriate, these projects will build off those developed to address existing and future deficiencies under Tasks 6.2 and 6.3. Resilience projects identified will be discussed with City staff in a progress meeting, which is budgeted under Task 1. The model and GIS figures will be used to demonstrate the results and recommended improvements to mitigate deficiencies. The figures will be included in the Master Plan Update under Task 8.
TASK 6.5 | CONDITION ASSESSMENT DATA REVIEW
This task will include a review of existing condition assessment and operations/maintenance reports to identify upcoming replacement projects that should be considered within the capital improvement plan. It is assumed that the rehabilitation and replacement of the facilities is based on the latest industry standards and input from City staff. This effort will be spreadsheet-based desktop analysis, relying on pipe material and installation data as well as main break records. BC will coordinate with the City staff to identify projects that will be included in the CIP and summarize subsequent condition assessments that may be required to maintain system reliability.
In addition, areas of the system that have had repeat SSO issues will be considered. The information related to the upcoming General Order regulatory requirements (under Task 3.3) will be used as a baseline. Assessments related to source control (or similar) are not included as part of the regulatory considerations.
A more thorough condition assessment, including review of CCTV data and an analysis using Innovyze’s InfoAsset Planner™ software, is detailed in Optional Task 9.5.
TASK 6.6 | LIST OF PROPOSED IMPROVEMENTS PROJECTS AND FIGURE BC will summarize the City’s existing and future system deficiencies and condition related improvements in a table format, which will be discussed with City staff prior to developing the prioritized CIP (Task 7.2). A consolidated figure that identifies the capacity deficiencies and condition related improvements will be developed for discussion purposes with City staff. A review of the CIP will be discussed with City staff in a progress meeting, which is budgeted under Task 1.
TASK 6.7 | DRAFT SYSTEM IMPROVEMENTS/RECOMMENDATIONS SECTION BC will consolidate information and analysis performed under Task 6.1 through 6.6 to draft the system improvements/recommendation report sections. The deliverable will be provided under Task 8.
Deliverables for Task 6: Evaluation Criteria Table (electronic copy for discussion with City staff), Existing and Future System Analysis GIS Figures (electronic copies for discussion with City staff), and List of Project Improvements and Figure (electronic copies for discussion with City staff)
TASK 7: SYSTEM MAINTENANCE/REPLACEMENT PROGRAM
TASK 7.1 | UPDATE COST ASSUMPTIONS AND UNIT COSTS
BC will develop planning-level (Class 5 per AACE International) cost estimating assumptions for the wastewater system facilities within the collection system. These unit costs will reflect the most current market conditions in the region (Los Angeles County and City projects). BC will coordinate with City staff on current bid results that may be used to adjust unit costs. BC will estimate cost escalation from sources such as historical cost trends from the ENR Index Los Angeles Area. In addition, a table with typical contingency and mark-up cost factors will be prepared. The cost development and amortization assumptions will be discussed and finalized with the City staff prior to the development of the CIP. This effort may be combined with the parallel work under the Water and Recycled Water System Master Plan Update effort for project efficiency.
TASK 7.1 to 7.3 – System Maintenance/Replacement Program: Mark-ups will be consistent with assumptions used in the Water and Recycled Water System Master Plan Update. In addition, the capital improvement plan (CIP) table for the collection system will be integrated into the same Excel file as the water and recycled water list of improvements and will be added as a section (versus a standalone chapter) within the integrated master plan submittal.
TASK 7.2 | DRAFT AND FINAL PRIORITIZED CIP TABLE
BC will develop Class 5 planning-level cost estimates for each of the recommended CIP identified under Task
6.6. The cost estimates will be summarized in tabular format by project ID, facility type, and priority. A GIS map will be prepared to depict the locations of the proposed system improvements with matching project IDs.
A Draft and Final CIP table will group projects into the near-term and long-term planning horizons. The near- term and long-term will be selected through discussions with City staff. Higher priority projects will be included within the near-term and will be distributed on an annual or yearly basis. Long-term projects will be grouped since the timing is unknown.
TASK 7.3 | DRAFT CIP CHAPTER
BC will consolidate information developed as part of Task 6, 7.1, and 7.2 to draft the CIP report chapter. The deliverable will be provided under Task 8 and will include the graphs, tables, and figures developed as part of Task 6 and Task 7.
Deliverables for Task 7: Draft & Final CIP Table (electronic copy and included in Master Plan Report)
TASK 8: SUBMITTALS – MASTER PLAN REPORT
As appropriate, the City may consider coordinating the draft and final Master Plan with the Water and Recycled Water System Master Plan Update effort in order to reduce the review effort and number of copies needed. For consistency, BC included the same deliverable milestones and number of copies.
TASK 8.1 | 60% MASTER PLAN
BC will compile the work performed in previous subtasks under Task 2 through Task 6 into master plan report chapters. It is assumed that the 60% Master Plan will include the following: Chapter 1 – Introduction, Chapter 2 – Land Use, Chapter 3 – Flow Projections, and Chapter 4 – Evaluation Criteria. The report will provide clear rationale for the basis of planning tasks that will be used to perform the system analysis. An electronic copy and three (3) hard copies will be submitted to City staff for review and comment. It is assumed that the City will
provide comments within two weeks.
Deliverables for Task 8.1: 60% Master Plan (electronic copy and 3 hard copies) TASK 8.1 to 8.4 | MASTER PLAN REPORT SUBMITTALS
The hours and ODCs for the development and production of the Draft and Final Master Plan have been reduced with the assumption that the reports will be integrated for the Sewer Master Plan Update and the Water and Recycled Water System Master Plan Update. The deliverables listed under Task 8.3 – Draft Master Plan and Task 8.4 – Final Master Plan were based on the deliverables of the Water and Recycled W ater System Master Plan Update.
TASK 8.2 | 85% MASTER PLAN
BC will compile the work performed in previous subtasks under Task 2 through Task 6 into master plan report chapters. It is assumed that the 85% Master Plan will include the following: Chapter 5 – Wastewater System Analysis and Draft CIP Table. The report will provide clear rationale for the system analysis tasks that will be used to develop the prioritized CIP. An electronic copy and three (3) hard copies will be submitted to City staff for review and comment. It is assumed that the City will provide comments within two weeks.
Deliverables for Task 8.2: 85% Master Plan (electronic copy and 3 hard copies) TASK 8.3 | DRAFT MASTER PLAN
BC will incorporate the comments received from City staff on Task 8.1 and 8.2 and compile the Draft Master Plan Report. It is assumed that the Draft Master Plan will include the following: Draft Executive Summary, revisions to Chapter 1 though Chapter 5, Chapter 6 – Capital Improvement Plan, .and supporting appendices.
An electronic copy and three (3) hard copies will be submitted to City staff for review and comment. It is assumed that the City will provide comments within two weeks.
Deliverables for Task 8.3: Draft Master Plan (electronic copy and 3 hard copies) TASK 8.4 | FINAL MASTER PLAN
BC will incorporate the comments received from City staff on Task 8.3. It is assumed that the Final Master Plan will incorporate all final comments received from City staff on the Executive Summary, Chapter 1 through Chapter 6, and supporting appendices. An electronic copy and ten (10) hard copies will be submitted to City staff. This aligns with the organization and deliverables for the Water and Recycled Water Master Plan Update.
Deliverables for Task 8.4: Final Master Plan (electronic copy and 10 hard copies)
TASK 9: OPTIONAL TASKS
TASK 9.1 | FLOW MONITORING
BC is coordinating with V&A Engineering (as a subconsultant) to provide flow monitoring services. This effort will include the development of a Flow Monitoring Plan by BC, with input from City staff and V&A. V&A will perform an initial Reconnaissance site visit and will facilitate the installation, calibration, and maintenance of the flow meters, quality review of the collected data, and preparation of a Flow Monitoring and I/I Analysis Report. It is anticipated that the monitoring program will include 10 flow meters for a one-month duration and four rain gauges. Additional sites may be added for an additional fee.
V&A’s scope of work includes the following tasks
Project Management: Progress reports, monitoring project activities/budget, manage quality, and submit all required forms to comply with prevailing wage requirements per the Department of Industrial Relations
(DIR):
Project Preparation and Site Reconnaissance: BC will be responsible for preparing a Draft and Final Flow Monitoring Plan that identify the list of proposed locations (if required by the City of Upland). V&A will review existing sanitary sewer plans and the draft Flow Monitoring Plan (or proposed flow monitoring location details) provided by BC in preparation for flow monitoring. BC will provide V&A with the draft and final list of flow monitoring locations, including pipe diameters, flow direction, and GIS shapefiles. V&A will perform a site reconnaissance to visit the proposed sites to verify the suitability of manholes and/or alternative manholes for the installation of flow meters. V&A’s site reconnaissance will be limited to top- side investigations to verify manhole location and accessibility, identify traffic control requirements, and check hydraulics for manholes not located in the street right-of-way. V&A will consult with BC if alternative manholes are required for flow monitoring.
V&A will document the following information: location map with address, pipe size, manhole identification number, flow channel condition, site schematics, and photographs. V&A will recommend the appropriate metering technology for the flow characteristics and hydraulic conditions observed during the site reconnaissance visits. If site reconnaissance identifies conditions, such as manhole depths greater than 30 feet and/or elevated gas levels that cannot be cleared with forced ventilation, V&A will work with BC to identify suitable alternative sites. If monitoring locations cannot be moved, V&A will provide a change order to cover the additional costs due to extreme work conditions Install/Calibrate/Remove Flow Meters (10 Sites for 4 weeks): V&A will perform sewer system flow monitoring at 10 locations to collect dry and/or wet-weather flow data for four (4) weeks. V&A will prepare flow monitoring equipment necessary for installing, calibrating, and removing the flow meters. Flow meters will be area-velocity flow meters capable of collecting flow level and velocity measurements in free- flow and surcharged hydraulic conditions. V&A will monitor and download data for this location remotely throughout the study. A two-person V&A crew with a field truck and the necessary confined space entry (CSE), simple traffic control, and flow monitoring equipment will install, calibrate, and remove the flow meters. V&A will verify data integrity and that the meters are operational and clear of debris. V&A shall be responsible for the installation, calibration, and removal of the equipment for this project. Maintenance and meter malfunction will be documented and reported as soon as it is observed. V&A shall be prepared to extend the duration of the flow monitoring period as requested by BC. • Flow Monitoring and I/I Analysis Study Final Report: Following the flow monitoring activities and after the meters are removed, V&A shall download and reduce the data in 15-minute intervals into Excel spreadsheets for data analysis, data QA/QC, and report preparation. One Draft version and one Final version of the report will be prepared and submitted in electronic format (PDF). The report will include the following information: a. A summary of the flow monitoring equipment used. b. Location maps with address, pipe size, manhole identifier number, flow channel condition, site schematics, and photographs. c. Flow monitoring data with tabular outputs of depth, velocity, and flow rate and hydrographs of depth, velocity, and flow rates for each flow meter. d. I/I Analysis: Average dry weather flows curves will be determined, and rain-dependent infiltration and inflow (RDI/I) response will be isolated during wet weather rainfall events.
Flow Monitoring Addition/Deduction: V&A shall be prepared to extend or retract the duration of the flow monitoring period, or the number of monitoring sites, as required and directed by BC and the City. V&A understands that the data collected from this flow monitoring study will be used for calibration and updates to the sanitary sewer hydraulic model. For budgeting purposes, 10 sites have been included.
Assumptions from V&A:
o Traffic Control: V&A assumes only simple traffic control set-ups (truck-mounted light board and
cones) will be required for this project. If complex traffic control set-ups requiring a traffic control contractor are deemed necessary, the costs of the traffic control contractor will be in addition to the stated costs for the flow monitoring.
o Prevailing Wage: V&A understands some or all tasks associated with this project are subject to prevailing wage rate requirements. All project labor subject to prevailing wage requirements will incur a 25% markup on the associated labor fee. This markup covers the higher base hourly labor rates associated with prevailing wage rates, additional overtime requirements, and reporting requirements.
o Encroachment Permits: V&A assumes a City of Upland encroachment permit will be required for the project. Costs to obtain the permit will be billed separately on a Time & Materials (T&M) Not-to-Exceed (NTE) basis.
Deliverables for Task 9.1: Flow Monitoring Plan and Flow Monitoring Report (electronic format) TASK 9.2 | SEWER SYSTEM MANAGEMENT PLAN
BC will work with City staff to update the City’s existing Sewer System Management Plan (SSMP). Updates will consider upcoming changes to the latest General Order and other state and regional requirements, as well as any operational changes implemented by (or planned to be implemented by) the City since the last SSMP was completed. This effort will build on the review of the City’s infrastructure (Task 3.1) and the FOG Control and SSO Response Programs, conducted under Task 3.3. The background work performed and chapters developed as part of the Master Plan will serve as the basis for sections of the SSMP. The scope of this task is broken out as follows:
SSMP Review and Audit
BC will review the City’s existing SSMP to identify any inaccuracies (due to changes in operation since the previous SSMP was completed) or areas of non-compliance based on the latest State and Regional regulations. Further, the review will identify existing and potential gaps between targeted results and actual progress and recommend possible mitigation measures to close or avoid performance gaps. BC will provide recommendations to the City and will hold a 2-hour workshop with appropriate City staff, including Engineering and Operations staff, to discuss potential changes/revisions to City policies and/or procedures that affect the implementation of the SSMP. As appropriate, the audit will be coordinated with IEUA staff and their SSMP in order to confirm that recommended changes are consistent with regional efforts.
Based on the results of the review and evaluation, BC will prepare an Audit Report. The report will include a summary of the review and evaluation findings for each SSMP component.
SSMP Update
Based on the SSMP evaluation results and the final Audit Report, BC will incorporate the necessary updates to the various components of the SSMP. The revisions will reflect the approved recommendations and to remain in compliance with all State and Regional regulations.
Deliverables for Task 9.2: Draft and Final Sewer System Management Plan Audit Report (electronic format), Draft and Final Sewer System Management Plan Report (electronic format) TASK 9.3 | STORYMAP
Since hard copies can be challenging to use when cross sharing information, BC proposes the use of an ESRI StoryMap. StoryMaps will allow the City to view CIP projects in an interactive format that can be customized to include project details and assist with integrating project priorities with multiple systems. This web application
provides critical background information, project phasing, costs, and project specifics such as future user cost allocations. The City’s StoryMap will allow users to zoom into specific project locations within the service area, which will assist City staff in facilitating discussions with council members or stakeholders. Development of the StoryMap for the Master Plan will be coordinated with the parallel effort for the Water and Recycled Water System Master Plan Update.
Deliverables for Task 9.3: StoryMap data files (electronic) TASK
9.4 | AS-NEEDED SERVICES
To support the City staff with follow up tasks and modeling troubleshooting, up to 100 hours has been included as an optional task. Tasks may also include performing supplemental hydraulic modeling analysis for system optimization alternatives or funding support.
TASK 9.5 | INFOASSET PLANNER CONDITION ASSESSMENT REVIEW Under this task, BC will work with the City to determine the extent to which a more extensive review of the City’s assets is needed and develop a scope to cover the necessary condition assessment (building off Task 6.5).
This effort may include review of CCTV inspection data and/or consolidation of the data into a single database in accordance with NASSCO PACP standards. If needed to supplement the database analysis, a sample of pipe- specific PACP reports and/or video will be reviewed and a sub-consultant may be brought on to support any specific inspection and data review activities.
Additionally, it is expected that this task will include coordination with City staff to develop a documented and objective decision process to identify the specific defects requiring maintenance, repair, rehabilitation or replacement along with recommended methods. The objective of this effort will be to develop master planning level estimates (not pipe-specific design recommendations) for sewer system R/R. Through a structured workshop with City staff, the decision process shall be designed to support the City’s strategies for when pipes should be repaired, rehabilitated, replaced, or simply scheduled for continued maintenance. The decision process and asset review may be conducted using Innovyze’s InfoAsset Planner™ software, with the data will linked to the sewer GIS in order to display the results from the R/R decision queries.
For budgeting purposes, placeholder fee has been included in the submitted fee estimate of $50,000. The fee estimate will be reassessed during the development of the final scope if this optional task is approved.
EXHIBIT B
Schedule of Charges/Payments
$299.00 $299.00 $254.43 $185.00 $148.59 $245.49 $299.00 $210.09 $103.32 $109.00 $149.19 $129.06 $131.85 1 Project Administration, Coordination, & Meetings 0 18 60 52 4 4 8 0 20 4 8 0 12 190 39,514 2,000 0 41,514
1.1 Project Management & Coordination (12 month duration)* 0 0 24 10 2 2 0 0 0 0 0 0 12 50 10,327 0 0 10,327
1.2 Progress Meetings (7 meetings virtual, 5 combined with W & RW MP)* 0 2 20 30 2 2 0 0 12 4 0 0 0 72 13,701 0 0 13,701
1.3 City Committee, Council, or Workshops (combined with W & RW MP)* 0 0 16 12 0 0 0 0 8 0 8 0 0 44 8,311 2,000 0 10,311
1.4 QA/QC* 0 16 0 0 0 0 8 0 0 0 0 0 0 24 7,176 0 0 7,176 2 Research and Data Acquisition 0 0 2 10 0 2 0 0 10 6 0 0 0 30 4,537 0 0 4,537
2.1 Data Collection List & Updates (electronic file)* 0 0 0 4 0 0 0 0 2 2 0 0 0 8 1,165 0 0 1,165
2.2 Data Collection & Review* 0 0 2 6 0 2 0 0 8 4 0 0 0 22 3,372 0 0 3,372 3 System Analysis 0 0 18 52 0 4 0 0 72 64 0 0 0 210 29,597 0 0 29,597
3.1 Summarize Existing Collection System 0 0 0 8 0 0 0 0 12 0 0 0 0 20 2,720 0 0 2,720
3.2 Perform System Resilience Analysis 0 0 2 16 0 4 0 0 32 0 0 0 0 54 7,757 0 0 7,757
3.3 Review Ctiy's FOG Control and SSO Response Program 0 0 8 12 0 0 0 0 4 40 0 0 0 64 9,029 0 0 9,029
3.4 Draft System Analysis Report Sections 0 0 8 16 0 0 0 0 24 24 0 0 0 72 10,091 0 0 10,091 4 Exisiting and Future System Flows 0 0 18 36 68 6 0 0 36 0 0 0 0 164 26,536 0 0 26,536
4.1 Summarize Historical Flow Data 0 0 2 2 2 2 0 0 16 0 0 0 0 24 3,320 0 0 3,320
4.2 Update Land Use Projections & Workshop (virtual - combined)* 0 0 8 20 24 4 0 0 20 0 0 0 0 76 12,350 0 0 12,350
4.3 Evaluate Potential Future Scenario Outcomes 0 0 4 8 12 0 0 0 0 0 0 0 0 24 4,281 0 0 4,281
4.4 Summarize Projected Wastewater Flows 0 0 2 2 6 0 0 0 0 0 0 0 0 10 1,770 0 0 1,770
4.5 Draft Existing & Future Flow Report Sections 0 0 2 4 24 0 0 0 0 0 0 0 0 30 4,815 0 0 4,815 5 Wastewater System Model 0 0 12 148 0 62 0 0 240 0 0 0 0 462 70,450 7,300 0 77,750
5.1 Develop Hydraulic Model & Review GIS 0 0 2 40 0 8 0 0 60 0 0 0 0 110 16,072 0 0 16,072
5.2 Draft & Final Calibration Plan 0 0 2 12 0 2 0 0 12 0 0 0 0 28 4,460 0 0 4,460
5.3 Model Calibration (Dry & Wet Weather) & Workshop (virtual) 0 0 4 64 0 12 0 0 120 0 0 0 0 200 28,202 0 0 28,202
5.4 Develop Existing & Buildout Scenarios in Model 0 0 2 16 0 4 0 0 24 0 0 0 0 46 6,931 0 0 6,931
5.5 Draft & Final Modeling TM (electronic copy) 0 0 2 16 0 4 0 0 24 0 0 0 0 46 6,931 0 0 6,931
5.6 Hydraulic Modeling Software 0 0 0 0 0 8 0 0 0 0 0 0 0 8 1,964 4,800 0 6,764
5.7 Model Training (2 days) 0 0 0 0 0 24 0 0 0 0 0 0 0 24 5,892 2,500 0 8,392 6 System Improvements/Recommendations 0 0 20 156 0 18 4 0 152 0 0 0 0 350 55,268 600 0 55,868
6.1 Establish Evaluation Criteria 0 0 0 8 0 2 0 0 4 0 0 0 0 14 2,384 0 0 2,384
6.2 Existing Capacity Evaluation of Wastewater System 0 0 4 32 0 4 0 0 40 0 0 0 0 80 12,052 0 0 12,052
6.3 Future Capacity Evaluation of Wastewater System 0 0 4 24 0 4 0 0 32 0 0 0 0 64 9,746 0 0 9,746
6.4 Develop System Resilience Projects 0 0 4 12 0 4 0 0 24 0 0 0 0 44 6,699 0 0 6,699
6.5 Condition Assessment Data Review 0 0 4 60 0 0 4 0 0 0 0 0 0 68 13,314 600 0 13,914
6.6 List of Proposed Improvement Projects & Figure 0 0 2 8 0 4 0 0 12 0 0 0 0 26 4,211 0 0 4,211
6.7 Draft System Improvements/Recommendations Sections (with figures) 0 0 2 12 0 0 0 0 40 0 0 0 0 54 6,862 0 0 6,862 7 System Maintenance/Replacement Program 0 0 20 28 0 0 0 8 48 0 0 0 0 104 16,909 0 0 16,909
7.1 Update Cost Assumptions & Unit Costs* 0 0 4 0 0 0 0 8 0 0 0 0 0 12 2,698 0 0 2,698
7.2 Draft & Final Prioritized CIP Table* 0 0 8 12 0 0 0 0 24 0 0 0 0 44 6,735 0 0 6,735
7.3 Draft CIP Chapter* 0 0 8 16 0 0 0 0 24 0 0 0 0 48 7,475 0 0 7,475 8 Submittals - Master Plan Report 0 0 12 64 8 0 0 0 104 28 6 24 0 246 33,872 1,900 0 35,772
8.1 60% Master Plan (3 hard copies and electronic copy)* 0 0 0 8 0 0 0 0 16 0 0 8 0 32 4,166 300 0 4,466
8.2 85% Master Plan (3 hard copies & electronic copy)* 0 0 0 12 0 0 0 0 24 12 0 8 0 56 7,040 300 0 7,340
8.3 Draft Master Plan & Executive Summary (3 hard copies & electronic copy)* 0 0 8 24 8 0 0 0 32 8 4 4 0 88 12,955 300 0 13,255
8.4 Final Master Plan (10 hard copies & electronic copy)* 0 0 4 20 0 0 0 0 32 8 2 4 0 70 9,711 1,000 0 10,711
9 Optional Tasks 0 4 120 240 0 40 0 0 24 282 32 6 0 748 174,713 21,500 59,000 255,213
9.1 Flow Monitoring (up to 10 meters & site visit) 0 0 8 40 0 16 0 0 24 0 0 6 0 94 16,617 21,500 59,000 97,117
9.2 Sewer System Management Plan &Audit 0 0 80 120 0 24 0 0 0 250 0 0 0 474 75,696 0 0 75,696
9.3 StoryMap 0 0 8 40 0 0 0 0 0 0 32 0 0 80 14,210 0 0 14,210
9.4 As-Needs Support Services (Modeling, Funding, etc.) 0 4 24 40 0 0 0 0 0 32 0 0 0 100 18,190 0 0 18,190
9.5 Asset Management (TBD - Up to $50,000) 0 0 0 0 0 0 0 0 0 0 0 0 0 - 50,000 0 0 50,000 GRAND TOTAL (WITHOUT OPTIONAL TASKS & INTEGRATED PLAN) 0 18 162 546 80 88 12 8 682 102 14 24 12 1,756 276,683 11,800 0 288,483 GRAND TOTAL (WITH OPTIONAL TASKS & INTEGRATED PLAN) 0 22 282 786 80 136 12 8 706 384 46 30 12 2,504 451,396 33,300 59,000 543,696
GRAND TOTAL (ORIGINAL FEE ESTIMATE - WITH OPTIONAL TASKS) 0 32 298 846 108 140 12 14 716 384 46 54 12 2,662 480,091 37,200 59,000 576,291
DETAILED FEE ESTIMATE - REVISED
2023 Wastewater Collection System Master Plan Update
City of Upland
Pu
c
c
i
o
,
Mi
k
e
Li
e
c
h
t
y
,
Sh
e
m
Ma
r
t
i
n
,
Am
y
Ja
f
f
e
,
Ia
n
Ri
c
k
s
,
Co
l
i
n
Fu
g
a
l
,
An
d
r
e
w
Br
i
g
g
s
,
Ma
r
k
Du
m
m
e
r
,
Ca
t
h
e
r
i
n
e
O'
H
a
r
e
,
Me
a
g
a
n
Wi
l
c
o
x
,
Al
l
i
s
o
n
Si
c
o
r
a
,
Su
s
a
n
Wo
r
d
Pr
o
c
e
s
s
i
n
g
Su
r
i
o
,
Em
m
a
V&
A
En
g
i
n
e
e
r
i
n
g
Task
Task Description
PIC
QA/QC
(Master Plan)
Project
Manager
Project
Engineer
Flow Factor
Lead
Hydraulic
Modeling
Lead
Asset Mgmt
& SSMP
Cost Est
Staff
Engineer
Staff
Engineer
GIS &
Graphics
Word
Processing
PA
Total Labor
Hours
Total Labor
Effort
Total ODCs
Flow
Monitoring
Total Effort
S T A F F R E P O R T
I T E M N O . 13.A .
D A T E :D ecem b er 1 2, 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 :A P P O I N T M E N T O F M A YO R P R O T E M
R E C O M M E N D E D A C T I O N
I t is recom m en d ed t hat t he C ity C ou ncil ratify th e ap p oi n t m en t of C oun cilm em b er J am es B reitling as M ayor P ro Tem , term to exp i re in D ec em b er 20 23 ; or c h an g e th e rotat ion of M ayor P ro Tem to avoid a newly elected C ou ncilm em b er serving as M ayor P ro Tem and ratify the ap p oin tm ent of another C ou ncilm em b er as M ayor P ro Tem .
G O A L S T A T E M E N T
Th e p rop os ed action su p p ort s th e C i ty's g oal to p rovid e in cl us ive lead ership op p ortu ni ti es for all C ou ncilm em b ers.
B A C K G R O U N D
I n D ecem b er 20 16 th e C i ty C ou n ci l ad op ted a rot ational system to en su re t h at each C oun cil M em b er w ou l d b e ab le to serve a on e-year term as M ayor P ro Tem . T h at syst em w as set forth in Resolution N o. 63 76 .
I n J anu ary 2 01 9, th e C ou ncil ad op t ed Resolu tion N o. 64 78 u p d ati ng th e rotat ion of M ayor P ro Tem to accom m od ate th e c h an g e to d istrict-b ased vot in g . Th e rotat ion b eg an w i th D i st ri ct 3 and p roceed s n u m eri cal ly th rou g h D is tric t 4, D i st ri ct 1 , and D is tric t 2. Th e rot ati on b eg an w ith D istrict 3 to avoid a newly elected C ou ncilm em b er from b eing ap p oin ted M ayor P ro Tem .
I S S U E S /A N A L Y S I S
I n keep i n g w i th Res olu ti on N o. 6 47 8, C ou n c il m em b er B rei tl in g w oul d b e ap p oin ted as M ayor P ro Tem w i th a term en d i n g in D ecem b er 20 23 . H ow ever, sin ce C oun cilm em b er B reitlin g is a newly elected C ou ncilm em b er, S ection 4 of Resolution N o. 64 78 p rovid es that th e C ou ncil m ay
select h is su ccessor as M ayor P ro Tem or reass ig n the rot ati on s o th at a n ew C oun cilm em b er is not selected early in h is term .
F I S C A L I M P A C T S
Th ere is n o fiscal im p act related to 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
Resolution No. 6478
S T A F F R E P O R T
I T E M N O . 13.B .
D A T E :D ecem b er 12 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :D I S C U S S I O N R E G A R D I N G C O N S O L I D A T I O N O F C O M M I TT E E S
A P P O I N T E D TO A D V I S E T H E C O U N C I L
R E C O M M E N D E D A C T I O N
I t is rec om m end ed t h at the C it y C ou nc il d i sc u s s op tion s for con sol id ati on of com m ittees ap p oin ted t o ad vi se the C i ty C oun ci l an d d i rec t staff to b ri n g b ack a Res olu ti on an d O rd inan ce (if req u i red ) reflect in g an y recom m en d ed c h an g es for con si d erati on at a sub seq uen t C oun cil m eetin g .
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 in local g overnm ent throug h s ervi ce on variou s C om m ission s, C om m it tees , B oard s, and A u th orities; an d to con d u ct reg ular m eeting s in an efficien t an d tran sp aren t m ann er.
B A C K G R O U N D
I n 19 92 , th e C i ty C ou ncil est ab lished p ol ic ies an d p roced u res for ad m i ni st eri ng th e variou s C om m ission s, C om m ittees, B oard s, an d A u th ori ti es ap p oin ted b y t h e M ayor an d C i ty C oun cil.
I n 20 15 , t he C ity C ou n ci l d i rected the C it y At torney t o p rep are a res olu ti on am en d ing the p olicies an d p roc ed u res related to th e sel ect ion of th e ch airp erson for th ese ap p oint ed b od ies.
Th is resolu tion h as b een u p d ated p eriod ically, w ith the last up d ate earlier th is year.
I n 2 02 1 the C i ty C oun cil req u es ted th at the C i ty C oun cil A d vis ory C om m it tee revi ew all C ity com m ittees an d m ake recom m en d at ion s t o C oun cil. B ased on rec om m en d ati on s of t h e C ity C ou ncil A d vi sory C om m itt ee, th e C ou n ci l ad op t ed a Resol u t ion m aking t h e fol lowi ng ch ang es in 20 21 :