Monday, May 22, 2023
Open session begins at 7:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
Pages
1.CALL TO ORDER AND ROLL CALL
2.ADDITIONS-DELETIONS TO AGENDA
3.ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.
4.CLOSED SESSION
5.INVOCATION
Jim Thomas, Church of Jesus Christ of Latter-Day Saints
6.PLEDGE OF ALLEGIANCE
7.PRESENTATIONS
Presentation of Certificate of Recognition to Uplanders Club for their support of the Upland Police Department
Presentation of Certificates of Recognition to Earth Day Committee members
8.CITY ATTORNEY
9.ORAL COMMUNICATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda.
Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their
comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.
Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.
10.CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.
Recommended Action:
Approve the Consent Calendar
a.APPROVAL OF MINUTES 6
Recommended Action:
Approve the Regular Meeting Minutes of May 8, 2023. (Staff Person: Keri Johnson)
b.CONSIDER RATIFICATION OF APPOINTMENT AND REAPPOINTMENT TO
THE LIBRARY BOARD
11 CEQA: Not a Project.
Recommended Action:
Ratify the Mayor’s appointment of Lester Sandy and reappointment of Wendy Slatkin to the Library Board, terms expire June 30, 2026. (Staff Person: Keri Johnson)
c.CONSIDER RATIFICATION OF APPOINTMENTS TO THE PLANNING
COMMISSION
18 CEQA: Not a Project.
Recommended Action:
Ratify the Mayor’s appointment of John Andrews and Monica Marroquin to the Planning Commission, terms ending June 30, 2027. (Staff Person: Keri Johnson) d.ACCEPTANCE AND APPROPRIATION OF BUILDING FORWARD: LIBRARY INFRASTRUCTURE GRANT – ROUND ONE
25 CEQA: Not a Project
Recommended Action:
Accept and appropriate the $252,080 in funding the Upland Public Library
received from Round One of the Building Forward Library Infrastructure Grant. (Staff Person: Stephen Parker)
e.CONSIDER APPROVAL OF THE APPLICATION, ACCEPTANCE, AND EXECUTION OF THE BUILDING FORWARD: LIBRARY INFRASTRUCTURE GRANT
30 CEQA: Not a Project
Recommended Action:
Approve a resolution authorizing the application, acceptance, and execution of the Building Forward: Library Infrastructure Grant – Round Two. (Staff Person:
Stephen Parker)
f.CONSIDER APPROVAL OF AN AGREEMENT FOR CROSSING GUARD
SERVICES
51 CEQA: Not a project.
Recommended Action:
Approve the agreement with All City Management Services, Inc. for crossing guard services in the amount of $166,806 and authorize the City Manager to execute the agreement. (Staff Person: Marcelo Blanco)
g.CONSIDER THE APPROPRIATION OF $150,000 IN ARPA FUNDS FOR THE
PURCHASE OF EQUIPMENT AND SOFTWARE FOR THE UNMANNED
AERIAL VEHICLE PROGRAM
58 CEQA: Not a Project
Recommended Action:
Approve an appropriation of $150,000 in American Rescue Plan Act funds for the purchase of equipment and software for the Upland Police Department’s Unmanned Aerial Vehicle Program. (Staff Person: Marcelo Blanco) h.CONSIDER APPROVAL OF THE PURCHASE OF CCTV SEWER TRUCK 78 CEQA: Not a Project.
Recommended Action:
Approve the purchase of a new 2023 Ford E-450 with a sixteen-foot (16-ft) CCTV box van truck from Haaker Equipment Company in the amount of $424,931.92; and authorize the City Manager to finalize the purchase of the vehicle. (Staff Person: Braden Yu)
i.CONSIDER A LEASE AGREEMENT WITH TESLA, INC. ON CITY-OWNED PROPERTY LOCATED AT 1370 N. BENSON AVENUE, AND DETERMINE
THAT THE LEASE IS EXEMPT FROM CEQA
83 CEQA: Determine to be Exempt
Recommended Action:
Approve the Lease Agreement between the City of Upland and Tesla, Inc., on
2.01 acres of vacant City-owned property located at the Public Works Department’s Yard, 1370 N. Benson Avenue (Portion of APN: 1006-401-13), and determining that the Lease Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15061(b)(3), 15304 and 15311, authorize the City Manager to execute the Lease Agreement, and direct staff to file a Notice of Exemption pursuant to the California Environmental Quality Act. (Staff Person: Robert Dalquest)
11.PUBLIC HEARINGS
12.COUNCIL COMMITTEE REPORTS
a.COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only.
13.BUSINESS ITEMS
a.CONSIDERATION OF AN OMNIBUS ORDINANCE AMENDING VARIOUS
SECTIONS OF THE UPLAND MUNICIPAL CODE
103
CEQA: Not a Project.
Recommended Action:
Hold first reading by title only, waive further reading, and introduce an Ordinance amending various sections of the Upland Municipal Code as specified. (Staff Person: Keri Johnson)
b.AWARD OF BID FOR PARKING LOT & ALLEY REHABILITATION EAST OF FIRST AVENUE, NORTH OF “A” STREET (BID No. 2023-05)
116
CEQA: Determined to be Exempt.
Recommended Action:
Approve the Plans and Specifications for the Parking Lot and Alley Rehabilitation Project on First Avenue, north of “A” Street; waive minor bid irregularities; award the construction contract to Gentry General Engineering, Inc., in the amount of $1,160,110.18; approve a construction contingency in the amount of $174,889.82, for a total amount of $1,335,000.00; and authorize the City Manager to execute any extensions, and any future amendments within the City Manager's authority. (Staff Person: Braden Yu)
14.COUNCIL COMMUNICATIONS
15.CITY MANAGER
16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, June 12, 2023.
NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.
All Agenda items and back-up materials are available for public review at the Upland Public Library, downstairs reference desk at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk's Office, 909-931-4120.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] On May 17, 2023 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall) and the City website at www.uplandca.gov
1 MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL
May 8, 2023
City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust (arrived at 5:45 p.m.), Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
_____________________________________________________________________
1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:31 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS-DELETIONS TO AGENDA
City Clerk Johnson announced that Item 10J, Consideration of a lease agreement with Tesla, Inc. on a portion of APN: 1005-471-01 was removed from the agenda.
3. ORAL COMMUNICATIONS
None.
4. CLOSED SESSION
At 5:32 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jeannette Vagnozzi v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2122496 b. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency designated representatives: Mayor and City Attorney Unrepresented group: City Manager
The Council reconvened in open session at 7:00 p.m.
2 5. INVOCATION
Mike Ingram, Christian Science Faith
6. PLEDGE OF ALLEGIANCE
Led by Carol Timm
7. PRESENTATIONS
Recognition of Upland Residents Serving in the Military Presentation of Certificates of Completion to the Upland Community Emergency Response Team (CERT)
Presentation of the Dave Steven's Historic Preservation Award
8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Closed Session Items and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Shawn Kahlon, stated that he was concerned about traffic in the community, high visibility of parked cards, vandalism, theft and fire safety and suggested that the City consider another location.
Daphne Lezo, announced an event happening at the Upland Public Library that is being hosted by Assemblymember Rodriguez's office.
10. CONSENT CALENDAR
Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of April 24, 2023.
b. CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
VAN LANT & FANKHANEL, LLP FOR AUDITING SERVICES
Approve a professional services agreement with Van Lant & Fankhanel, LLP to provide the City with professional auditing services (for fiscal years ending June 30th of 2023, 2024 and 2025) through June 30, 2026, with two mutual one-year additional terms and a 5-year total not-to-exceed amount of $203,500; and authorize the City Manager to execute the agreement.
c. CONSIDER APPROVAL OF A SECOND AMENDMENT TO AN AGREEMENT
WITH ROBERT HALF INTERNATIONAL
Approve Amendment No. 2 to the professional services agreement with Robert Half International to provide the City with staff augmentation services; authorize
3 the City Manager to execute the amendment; and approve a budget adjustment of $67,000.
d. WARRANT AND PAYROLL REGISTER FOR APRIL 2023
Approve April warrant registers (check numbers 42984-43310 ) and direct disbursements totaling $14,648,910.62 and payroll.
e. CONSIDER ACCEPTANCE OF AGREEMENTS FOR WATER QUALITY
MANAGEMENT PLANS FOR VARIOUS PROJECT LOCATIONS
Approve the Covenant and Agreements Regarding Water Quality Management Plan for CUP 10-02, SI 20-37, and PM 20448; and authorize execution and recordation of said agreements.
f. CONSIDER APPROVAL OF PARCEL MAP 20558 AND SUBDIVISION AGREEMENT, LOCATED AT 867 EAST 11TH STREET
Approve Parcel Map 20558 for recordation and authorize the City Manager to sign the subdivision agreement.
g. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NOBEL SYSTEMS INC.
Approve a professional services agreement with Nobel Systems Inc. (Nobel) for software subscription and support services; and authorize the City Manager to execute the agreement.
h. CALRECYCLE BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM FY 2022-23 GRANT AWARD
Accept the CalRecycle Beverage Container Recycling City/County Payment Program FY 2022-23 grant award of $20,002 and appropriate the funds. i. CONSIDER ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 19890 Accept the improvements for Parcel Map 19890 and release the improvement bonds.
j. CONSIDER APPROVAL OF A LEASE AGREEMENT WITH TESLA, INC. ON A PORTION OF APN: 1005-471-01 AND DETERMINE THAT THE LEASE IS
EXEMPT FROM CEQA
This item was removed from the agenda.
11. PUBLIC HEARINGS
a. CONSIDER A RESOLUTION APPROVING THE EXPENDITURE OF QUIMBY
FEES OUTSIDE A NEIGHBORHOOD WHERE THE FEES WERE COLLECTED
AND APPROVE AN AGREEMENT FOR DESIGN SERVICES
Assistant City Manager Parker presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.
There was discussion regarding the area where the unallocated funds were collected and potential for a dog park in the northern end of the City.
Mayor Velto opened the public hearing.
4 Ann Simonson, Upland, stated that she utilizes the Baldy View dog park and the park is very busy and needs some improvements. She requested the Council approve the item.
Lois Sicking Dieter, Upland, requested that the City develop a second dog park in the City rather than improve an existing dog park, questioned the total cost of the project, and use of unallocated Quimby fees.
Lisa Nicely, Upland, stated that she takes her dog to the dog park almost daily and suggested that the park be expanded and improved, as well as improvements to parking.
Natasha Walton, Upland, stated that the park does appear to be in need of improvements, but suggested that the Council table the item until there was more information provided to the public regarding the improvements, and questioned where the funds were collected.
There being no other speakers, Mayor Velto closed the public hearing.
Council discussed the community outreach regarding the park improvements, the projected total cost of the project, and the next steps in the process.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Adopt Resolution No. 6715 approving the expenditure of $800,000 in Quimby Fees outside a neighborhood where the fees were collected and approve a professional services agreement with Luke Sugino Architects, Inc. for design services at Baldy View Dog Park.
Motion: Carried Unanimously
b. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2023-24
ANNUAL ACTION PLAN
Development Services Director Dalquest introduced Housing Manager Cotto and Housing Coordinator Avalos. Housing Manager Cotto presented the staff report, which is on file in the City Clerk's office.
City Council Advisory Committee Chair Schwary presented the recommendations of the Committee and answered questions posed by the Council regarding the application and consideration process for the distribution of the funds.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Adopt Resolution No. 6716 approving the City of Upland Program Year (PY) 2023-24 Annual Action Plan (AAP) and authorize the City Manager to execute any and all necessary related documents to implement the PY 2023-24 AAP.
Motion: Carried Unanimously
5 12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmember Zuniga reported on his attendance of the San Bernardino County Transportation Authority meeting and a meeting of the San Antonio Water Company board.
Mayor Velto reported on his attendance of the Omnitrans Board meeting.
Councilmember Breitling reported on his attendance of the 2023 Southern California Association of Governments Annual Conference as the City's delegate. b. FINANCE COMMITTEE MEETING, APRIL 26, 2023
Councilmember Maust provided a recap of the meeting.
13. BUSINESS ITEMS
14. COUNCIL COMMUNICATIONS
Councilmembers commented on recent activities in the community.
15. CITY MANAGER
City Manager Blay provided an update on I-10 Corridor Project road closures.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:35 p.m. The next regularly scheduled City Council meeting is Monday, May 22, 2023.
Keri Johnson, City Clerk
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER RATIFICATION OF APPOINTMENT AND REAPPOINTMENT TO THE
LIBRARY BOARD
RECOMMENDED ACTION:
It is recommended that the City Council ratify the Mayor’s appointment of Lester Sandy and reappointment of Wendy Slatkin to the Library Board, terms expire June 30, 2026.
GOAL STATEMENT
The proposed action supports the City’s goal to provide opportunities for the citizenry to participate in local government through service on various committees, commissions, and boards.
BACKGROUND
The Library Board was created by ordinance in 1913 and the composition and terms of office were amende d pursuant to California Library Laws in 1990. The Board is charged with providing materials and staff assistance for meeting the information and educational needs of library users.
Pursuant to Government Code Section 54972, the expiring terms of commission, committee, and board members were duly posted prior to December 31, 2022.
ISSUES AND ANALYSIS
Pursuant to Government Code Section 40605 and Resolution No. 6704 the Mayor shall appoint the Committee, Board, and Authority members subject to the ratification by a majority of the Council. The Mayor wishes to appoint Lester Sandy and re-appoint Wendy Slatkin to the Library Board. The subject appointments are for a term of three years.
Wendy Slatkin has served two full consecutive terms on the Library Board, so her reappointment would require a 4/5th vote of the City Council.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
DATE: May 8, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER RATIFICATION OF APPOINTMENTS TO THE PLANNING COMMISSION
RECOMMENDED ACTION:
It is recommended that the City Council ratify the Mayor’s appointment of John Andrews and Monica Marroquin to the Planning Commission, terms ending June 30, 2027.
GOAL STATEMENT
The proposed action supports the City’s goal to provide opportunities for the citizenry to participate in local government through service on various committees, commissions, and boards .
BACKGROUND
The Planning Commission was established in 1930 pursuant to the Planning Act of 1929. Changes to the Commission were later made in 1950 in accordance with the Conservation and Planning Act. The Planning Commission is comprised of seven members, appointed by the City Council, to review and act on matters related to planning and development. Resolution No. 6704 sets forth the process for appointment and states the Mayor shall appoint the Committee, Commission, Board, and Authority members subject to ratification by the majority of the Council.
The two positions to be filled on the Planning Commission are regularly scheduled vacancies with terms th at will expire on June 30, 2023. Pursuant to Government Code Section 54972, the expiring terms of the Planning Commission members was duly posted prior to December 31, 2022.
At the regular meeting of the City Council on March 13, 2023, the Council formed an ad hoc committee, appointing Mayor Velto and Mayor Pro Tem Garcia to serve on the ad hoc committee and conduct Planning Commission interviews.
ISSUES AND ANALYSIS
Interviews were conducted by a panel consisting of Mayor Velto, Mayor Pro Tem Garcia, Planning Commission Chair Aspinall (advisory only), and Development Services Director Dalquest (advisory only). A total of 11 applicants were interviewed. At the conclusion of the interviews, John Andrews and Monica Marroquin were ranked as the top candidates using a forced choice ranking system.
Based on the interview rankings, the Mayor has chosen to appoint John Andrews and Monica Marroquin to the Planning Commission.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
YURI HURTADO, LIBRARY DIRECTOR
SUBJECT: ACCEPTANCE AND APPROPRIATION OF BUILDING FORWARD: LIBRARY INFRASTRUCTURE GRANT – ROUND ONE
RECOMMENDED ACTION:
It is recommended that the City Council accept and appropriate the $252,080 in funding the Upland Public Library received from Round One of the Building Forward Library Infrastructure Grant.
GOAL STATEMENT
The proposed action supports the City’s goal of upgrading City facilities to modern standards.
BACKGROUND
The Library’s existing elevator is decades old, breaks down frequently, and does not always bounce back if an obtrusion is placed between its doors. In addition, recent power outages have revealed the Library’s dire need for emergency lighting, as restrooms have absolutely no backup power light, and some portions of the Library are in total darkness during outages.
On February 9, 2022, Yuri Hurtado, Upland Public Library Director, presented information regarding the California State Library’s Building Forward: Library Grant to the Library Board. The Library Board supported moving forward with a grant application for the replacement of the Library’s elevator car and lift mechanism and emergency lighting.
On March 23, 2022, the application was submitted to the State of California ’s Building Forward Library Infrastructure Grant – Round One.
In April, the Upland Public Library was notified that it was awarded $252,080 to replace the library’s elevator car and lift mechanism as well as install emergency and emergency exit lighting in Round One of the California State Library’s Building Forward: Library Infrastructure Grant.
ISSUES AND ANALYSIS
At the time the grant application was prepared, several vendors were contacted to provide a quote for the project in order to prepare the application budget. Elevator vendors contacted included KONE US, Diamond Elevator, Otis Elevator Company and Amtech Elevator Services. Amtech was the sole respondent to the Library’s request for quotes.
The grant proposal was prepared according to Amtech’s initial response, and Amtech has since provided a comprehensive bid. Amtech is the contractor currently responsible for library elevator maintenance and is familiar with our elevator’s modernization needs.
While the City did make effort to obtain multiple quotes, none responded. In the interest of expediency and not delaying a grant-funded project, the City Manager will be exercising Section 11.7 of the Administrative Policy and Procedure 214: Purchasing Policy, revised September 12, 2022, which states that “When the City Manager determines that it is in the best interest of the City to…omit any phase of the selection process, the City Manager shall notify the City Council or Finance of such action.”
With the acceptance of the Building Forward: Library Infrastructure Grant and appropriation of the funds, the City will move forward with the complete replacement of the Library’s elevator care and lift mechanism with Amtech Elevator Services.
ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301, Existing Facilities, Class 1 of the CEQA Guidelines, since the proposed project does not include any expansion of the existing use, and includes repairs, maintenance, improvements, and minor alterations to the existing Upland Library.
FISCAL IMPACTS
The Building Forward Library Infrastructure Grant – Round One award will be tracked in Fund 217 under a program number set up specifically for this grant. The Fiscal Year 2023-24 budgeted revenues and expenditures will be increased by the grant award of $252,080.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project
Building Forward Library Infrastructure Grant Program
Project Budget
Part 1: Project
Grant Number:BF-1-21-234
Organization:Upland Public Library
Library Jurisdiction:Upland
Library Facility:Upland Public Library
Project Title:Upland Public Library
Approved Match Reduction:100% Reduction Select from dropdown list.
Part 2: Project Outputs
List all approved outputs from your Intent to Fund letter and related tangible parts of your project.
Include only costs that will be funded by the Building Forward Grant and local matching funds. If you have questions about what outputs or activities may be included, please refer to your Intent to Fund letter and the List of Unallowable Costs.
Project Outputs Includes
Elevator replacement New piston, cylinders, cab and door opening mechanism to conform with modern ADA and safety standards
Install emergency and emergency exit lighting Install battery backup emergency exit lighting and illuminated emergency exit lighting in 20 locations
Part 3: Administrative Costs
Enter any project or grant administration costs that will be incurred. Administrative costs are limited 10% of the grand total. Costs must be split between grant and local required match at the rate approved in the Intent to Fund letter.
Please refer to grant documentation to determine whether a cost is allowed under this grant.
Administrative Costs are directly related to administration of grant and local matching funds. The Cost Detail should include the FTE and hourly rates for staff working on the grant.
Item Building Forward Local Match Total Cost Detail
Library Director hours $9,292 $0 $9,292 100 hours @$92 per hour Finance Director hours $3,750 $0 $3,750 25 hours @$150 per hour Admin Staff hours $6,500 $0 $6,500 100 @$65 per hour
Total Administrative Costs $19,542 $0 $19,542
Building Forward Library Infrastructure Grant Program 1 of 3Page 27 of 121
Part 4: Salaries/Wages/Benefits
Salaries/Wages/Benefits should represent costs, such as those associated with internal staff performing project related work. This may include public works staff providing direct project work, internal planning, project management, etc. Costs included in this section should represent salaries, wages, and benefits paid directly by your organization; employment related costs paid by any contractor or subrecipient should be listed in part 5 as applicable. Staff time devoted to the award or grant funds should be listed in part 3.
Major Outputs Building Forward Local Match Total Cost Detail Elevator replacement $4,480 $0 $4,480 Public Works staff 80 hours @ $56 ph Install emergency and
emergency exit lighting
$896 $0 $896 Public Works staff 16 hours @ $56 ph
Total Salaries/Wages/Benefits $5,376 $0 $5,376
Part 5: Consultant/Contractor Fees
Consultant/Contractor fees are costs related to external contractors, subrecipients, organizations, providing services, general contracting, planning, design, construction/project management, inspections, reviews, and other services required to accomplish outputs.
Major Outputs Building Forward Local Match Total Cost Detail Elevator replacement $125,347 $0 $125,347 Contractor fees Install emergency and
emergency exit lighting
$10,944 $0 $10,944 Contractor fees
Total Consultant Fees $136,291 $0 $136,291
Part 6: Supplies/Materials/Equipment
Supplies/Materials/Equipment are costs for necessary supplies, materials, or equipment required to complete the project outputs. This may include equipment, building materials, tools, and related costs.
Major Outputs Building Forward Local Match Total Cost Detail Elevator replacement $83,575 $0 $83,575 Included in contractor fees Install emergency and
emergency exit lighting
$7,296 $0 $7,296 Included in contractor fees
Total Supplies/Materials $90,871 $0 $90,871
Building Forward Library Infrastructure Grant Program 2 of 3Page 28 of 121
Part 7: Contingency
Contingency is limited 10% of the subtotal. Costs must be split between grant and local required match at the rate approved in the Intent to Fund letter.
Item Grant Funded Match Funded Total
Contingency $0 $0 $0
Total Contingency $0 $0 $0
Part 8: Totals
Subtotal
Item Grant Funded Match Funded Total
Subtotal $252,080 $0 $252,080
Grand Total
Item Grant Funding Match Funding Grand Total
Grand total $252,080 $0 $252,080
Review Check
Item Grant Funding Match Funding Status Check
Maximum Administration Costs $25,208 $0 Okay
Maximum Contingency Costs $25,208 $0 Okay
Minimum Allowable Match N/A $0 Okay
Building Forward Library Infrastructure Grant Program 3 of 3Page 29 of 121
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
YURI HURTADO, LIBRARY DIRECTOR
SUBJECT: CONSIDER APPROVAL OF THE APPLICATION, ACCEPTANCE, AND EXECUTION OF THE BUILDING FORWARD: LIBRARY INFRASTRUCTURE GRANT – ROUND TWO
RECOMMENDED ACTION:
It is recommended that the City Council approve a resolution authorizing the application, acceptance, and execution of the Building Forward: Library Infrastructure Grant – Round Two.
GOAL STATEMENT
The proposed action supports the City’s goal of providing a modern library to its residents and fiscal prudency.
BACKGROUND
The Upland Library was provided $252,080 in Round One of the Building Forward: Library Infrastructure Grant.
Total funding for Round One was $313 million.
The California State Library has opened Round Two of the Building Forward: Library Infrastructure Grant. Total funding for Round Two is $175 million.
The submission deadline for Round Two is May 18, 2023. A required element of the grant is a resolution from the governing body of the applicant approving the grant application.
ISSUES AND ANALYSIS
In Round Two, the Library is proposing to request approximately $5 million in grant funds, with a required match of 25% of any funds awarded. The Grant proposal includes deferred maintenance, ADA accessibility, safety improvements, connectivity improvements, increasing library capacity and energy efficiency improvements.
Funding will be requested for new shelving, a new HVAC system, water pipe slip lining, a complete restroom remodel for 4 public restrooms, other ADA improvements like ramp upgrades and replacement pavers for the plaza, a new water heater and sump pumps, improved internet coverage, roof repair, a backup generator and solar battery, ADA compliant entry doors, various carpet and wall repairs, safety bollards, replace the tile ceiling, new awnings and exterior and interior paint.
A required element of the grant is a resolution by the governing board of the applicant approving the grant application.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. A grant submission is not included in the definition of a “project” and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AUTHORIZING THE GRANT
APPLICATION, ACCEPTANCE, AND EXECUTION OF THE
GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET
ACT OF 2021 (SB 129)
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board prior to execution of the grant agreement; and
WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of Upland proposes to implement the Building Forward:
Upland Library Improvement Project – Phase 2; and
WHEREAS, the City of Upland has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Upland intends to apply for grant funding from the California State Library for the Building Forward: Upland Library Improvement Project.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Upland City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library and take such other actions necessary or appropriate to obtain grant funding.
Section 2. The City of Upland City Manager, or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.
Resolution No.
Page
Section 3. The City of Upland City Manager, or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.
Section 4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and that prior to commencement of the project, all applicable permits will have been obtained; and,
Section 5. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 22nd day of May, 2023.
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 22nd day of May, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
Upland Public Library | Building Forward Grant Proposal 1 Upland Public Library Modernization Project Proposal
Building Forward Library Facilities Improvement Program: Round 2
1. A dynamic community needs a dynamic library
Upland Public Library (UPL) has been a focal point
of the community for over one hundred years,
beginning with the Old Carnegie Library in 1913.
In 1969, the Library moved to a 24,000 square-
foot facility in response to significant population
growth during the 1960s. UPL still occupies the
same mid-20th-century facility, with many critical
building components dating to the original
construction over 50 years ago.
Upland has doubled in population since the debut of the current facility and the Library needs extensive repair and reconfiguration to meet present and future needs. Based on the latest Census data, Upland comprises 28,641 households with an estimated population of 79,040. 36% of the population speaks a language other than English at home, with one in five households speaking Spanish. 13% of people in Upland live in poverty, and 12% live with a disability. 65% of students in Upland are socioeconomically disadvantaged, and academic performance in both language arts and mathematics are low, with achievement in mathematics a staggering 48 points below state standards according to the California Department of Education.
The Library is a vibrant and active community hub. Nearly 17,000 people attended a program or event during the past year, with average attendance at events e xceeding 50 people. However, collection use is well below the median of 3.95 circulations per capita for libraries in California, registering at just 2.09 circulations per capita for UPL. Collection use could be greatly increased by reconfiguring the current space to increase appeal and accessibility.
Upland Public Library | Building Forward Grant Proposal 2 A fresh, functioning and inviting facility will enable UPL to reach its full potential and fulfill the Library’s mandate to enrich the community through an array of social, cultural, educational and economic services. Programs and collections are stellar, yet too many Uplanders only see (and smell) the decades of deferred, unfunded maintenance issues.
2. Upland’s Library facility
UPL’s per capita operating income is $16.89, far below the statewide median of $39.59. Limited local funding resources have resulted in deferred maintenance and multiple failing systems. The Library building has only been afforded slapdash emergency repairs for the past 50 years.
Many critical Library resources are not ADA accessible, and the building is difficult to navigate even for those without sensory or mobility issues. Visitors attempting to enter the Library encounter broken and uneven pathways from the street and parking lot due to damage from tree roots and water. Lighting is insufficient and the HVAC system taps out under stress, forcing the Library to close when it is most needed as a heating or cooling center. Outdated building materials, ranging from 50 year-old acoustic tile drop ceilings to huge plate glass windows, pose both aesthetic and safety problems. The pipes periodically serve cloudy, dirty water and the restrooms smell of urine and musty standing water despite diligent cleaning. Shelving aisles are too narrow for a wheelchair to navigate; shelves are excessively tall (up to 9 feet) and block lines of sight. Invisible but crucial equipment like the sump pump cannot be counted upon to function when needed.
The Library’s facility does not have a built–in capacity to create a captivating and welcoming experience for present-day users. The electrical outlets and panel do not support new technology and limit where it can be placed. Upgraded internet hardware will support the numerous cable drops required to create a modern, connected system. UPL does not have internet drops and electrical outlets to place public computers and catalogs where they would best make sense.
3. Modernization project
Upland has grown and changed profoundly in the fifty-four years since the Library opened.
Upland has grown from 20,000 citizens in 1970 to over 77,000 in 2020. Community demographics have shifted during the past five decades, from predominantly white to a 49% Latino population. It is time to reimagine UPL by updating the interior layout while retrofitting and replacing inadequate infrastructure. Critically-delayed maintenance issues must be addressed, with a primary focus on deferred maintenance of HVAC, utilities and IT systems,
Upland Public Library | Building Forward Grant Proposal 3 earthquake preparedness (given UPL’s close proximity to fault lines), pressing safety issues, and addressing necessary ADA accessibility throughout the building. Upland Public Library has multiple acute infrastructure needs that closely align with the critical maintenance, digital access and user access directives of this grant.
3.1. Collections access
Physical collections are housed in shelving that is not ADA- compliant. The shelves were custom built over 50 years ago, utilizing uncompensated labor by incarcerated individuals.
All aisles in the children's area and adult fiction, along with some areas of adult non-fiction, are as close together as 32 inches, far too narrow for wheelchair access, and many
shelves are not deep enough to safely support books.
Shelves are not deep enough to safely house the majority of children’s books; overhanging books reduce the navigable space between shelves to 28 inches. Individual shelf boards are not secure, easily tipping over and causing books to fall; intermittent repairs have eliminated the ability to adjust shelving to allow for necessary collection shifts.
Shelves are up to nine feet high, creating use and safety issues and concerns due to blocked lines of sight. Overhead lights are obscured by the tall shelves, complicating access for those with low vision. Too-close shelving ranges obstruct wheelchair or walker users as well as larger- bodied people who have trouble reaching lower shelves with no sufficient room to bend over.
Patrons cannot reach the upper shelves without using a kick stool; the stools create further obstacles within already narrow aisles, blocking access and creating falling and tripping hazards.
The massive, heavy, dark wood shelves are not adjustable, limiting the Library’s ability to rearrange and reconfigure collection spaces to meet the changing needs of a rapidly -growing community.
3.2. Climate control
At 18 years old, the existing HVAC system is past the end of its life. Though costly emergency repairs have kept it mostly-functional, UPL completely lost air conditioning for two calendar weeks during 2022’s record-breaking heat wave. The situation deprived Upland’s most vulnerable residents of a safe, cool place to shelter and forced the Library to close as staff could
Upland Public Library | Building Forward Grant Proposal 4 not safely work with indoor temperatures soaring above 90 degrees for days on end. A sorely - needed replacement chiller and heater will ensure Upland’s weather-shelter needs are met as global temperature change creates unanticipated dramatic local weather events.
Floor vents in the children’s area
have given way underfoot,
trapping toddlers and
preschoolers in the vents
themselves. Four of the 29 floor
vents are crumbling around the
edges, forcing staff to station
furniture in odd arrangements
over the grates. As all floor vents
are the same age, they are subject
to both progressive and sudden
failure. An upgrade to safe vents
will eliminate potential hazards.
3.3. Wear and tear on an aging facility
Due to the age of the building, numerous ceiling tiles are cracked,damaged or outright missing throughout both public and staff areas. The current ceiling may be one source of Upland’s pervasive odor. Replacing the shelves and adding electrical outlets and internet access points will require extensive carpet, wall, and paint repair as an integral part of these critical maintenance projects. Awnings at entryways are weather-beaten and severely torn; replacing outside awnings will present an inviting look and offer a positive first impression of the building as patrons enter. Other needed repairs include replacing four sets of entry doors and repairing the cracked and raised pathway leading from the parking lot into the building. By completing the necessary repairs, UPL’s facility will be significantly refreshed, resulting in a more welcoming and inviting Library.
3.4. Earthquakes
UPL is situated less than four miles from the spur of the San Andreas Fault. Current shelving and windows will pose a deadly hazard when the inevitable large earthquake hits. In 1990, a 5.7 earthquake knocked books to the floor. Shelves are bolted to the floor, however they are not
Upland Public Library | Building Forward Grant Proposal 5 braced at the top. With a height of up to 9 feet, shelves are at risk of tumbling like dominoes given sufficient force.
UPL’s building is surrounded by
magnificent arched windows on all sides.
Several years ago during a small
refurbishment project, staff discovered
the Library windows are made from
ordinary plate glass and not shatterproof
safety glass. Tint film held the windows
together when recently damaged by
vandals; in an earthquake, windows could
shatter into massive and deadly shards. It is important to note the Library is situated down a gentle slope from a busy side street and should a vehicle roll down the hill, it will crash through ten-foot panes, throwing razor sharp glass directly onto the Library’s bank of public computers.
3.5. Restrooms
UPL has four public restrooms; two upstairs sized for small children and two downstairs which are multi-stall facilities for general use. The children’s restrooms are inaccessible to wheelchairs and are functionally too small for a parent to comfortably accompany a small child who may need
assistance. Should the parent have more than one child at hand, they will have to leave one outside unsupervised or stand so they can keep the restroom door propped open
while one child uses the toilet.
UPL’s outdated adult restrooms are also not ADA compliant, with stalls sporting residential-grade toilets. The floor is uneven and water pressure irregularities create odd and unpredictable leaks. UPL’s men’s room floor holds standing water puddles most days of the week. Despite heroic efforts by the cleaning staff and a re-grouting accomplished sometime in the past 20 years, both downstairs restrooms smell strongly of urine. Sinks do not drain properly and frequent backups leave standing water in sinks. All four restrooms are gendered, creating a sense of exclusion for some vulnerable users.
Upland Public Library | Building Forward Grant Proposal 6 Replacing the current restrooms with modern facilities will ensure comfortable accessibility for all without hazardous puddles and unhealthy odors, elevating the Library as a welcoming, up – to–date place for all.
3.6. Technology & electrical upgrades
The electrical wiring scheme has not been updated or expanded since 1968; the wiring and outlets are designed for the lower electrical demands of the last century. Outlets are placed where a 1970s custodian would need to plug in a vacuum cleaner. Computers and OPAC placement are limited by outlet placement. Public computers are powered by an orange extension cord coiled under the stairs. UPL is unable to provide adequate charging stations to meet public needs.
Internet hardwire upgrades could be completed at the same time as total electrical rewiring.
Self-checkout stations, staff computers, and OPACs are limited in placement since they cannot run off Wi-Fi, and current Wi-Fi repeaters are not strong enough to cover the entire building.
UPL literacy and other programs use paid internet hotspots to host online discussions, author talks, and trainings because group meeting rooms all suffer from insufficient Wi -Fi range and no hardwired internet access.
UPL’s wireless network has upload and download speeds as slow as 50mbps, despite a connection to CENIC’s gigabit broadband backbone. UPL’s public and staff computers are six years old. Firewalls and switches also need to be upgraded.
Upgraded plugs and internet access points would permit an AV refr esh such as new television monitors, video conference equipment, and computer-connected electronic display screens with up-to-date information on Library offerings. Video conference capabilities will allow the Library to invite authors and expert speakers to meet users from wherever they may be and connect Upland citizens to a global community.
Upland Public Library | Building Forward Grant Proposal 7 A backup generator will allow UPL to remain open during power outages, which are especially common during summer months. Disruptive blackouts last from twenty minutes to multiple days, forcing the Library to close for safety. In 2022, the Library was without power for 36 hours during the hottest time of the year. A backup generator will smooth over the shorter rolling blackouts and UPL can remain open for public service even during severe emergencies. UPL will use this project to best assist the public, who turn to the Library for internet, information, and entertainment they may not have access to at home.
4. Conclusion
Upland Public Library delivers amazing programs with huge turnouts in an unlovable, failing facility. This opportunity to remediate half a century of neglect and deferred maintenance, plus modest quality of life improvements to increase convenience and ease of use, will prepare Upland Public Library to serve patrons through the next fifty years.
By replacing critical infrastructure and expanding functionality of Upland Public Library to address long-deferred critical maintenance needs, the Library will provide a safe and accessible environment for all community members. Eliminating barriers to access will create a welcoming, comfortable Library for those with mobility difficulties. Addressing deferred maintenance needs such as fixing plumbing that delivers discolored water, replacing the limping HVAC with a functioning unit, and installing safe glass windows ensure the Library can continue to offer services into the future. Re-imagining the collection layout with new shelves, changing out the dingy, musty ceiling, and repainting the building will invigorate the Library and re-establish Upland Public Library as the heart of our community.
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF
LON TEAGUE, POLICE LIEUTENANT
MARCI WILLIAMS, POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR CROSSING GUARD SERVICES
RECOMMENDED ACTION:
It is recommended that the City Council approve the agreement with All City Management Services, Inc. (ACMS) for crossing guard services in the amount of $166,806 and authorize the City Manager to execute the agreement.
GOAL STATEMENT
The proposed action supports the City’s goal of providing crossing guards at predetermined locations on all days the Upland Unified School District schools are in session.
BACKGROUND
The city has had an ongoing agreement with ACMS for crossing guard services since 2014. In 2021, Council asked to put this service out for a Request For Proposal (RFP) bid.
Prior to requesting an RFP, staff conducted research to find alternate comp anies to provide crossing guard services.
Staff were unable to locate any local alternatives, so they conducted a survey of neighboring jurisdictions/school districts to see what options existed. Staff contacted eight local jurisdictions. Six jurisdictions contract with ACMS and the other two have city employees who are employed as crossing guards. With no known alternatives to assess, staff did not issue an RFP and obtained a quote from ACMS for consideration.
ISSUES AND ANALYSIS
The increase proposed by ACMS for the 2023/24 school year is $2.09 per hour, or an increase of 7.26% over last years’ hourly rate. This increase is consistent with the January 2023 Consumer Price Index for the Riverside -San Bernardino-Ontario region of 7.3%.
ENVIRONMENTAL DETERMINATION
Not a project.
FISCAL IMPACTS
The cost of this crossing guard annual contract will be included in the FY 23/24 operating budget.
ALTERNATIVES
An alternative option would be to hire in-house crossing guards. Doing so would require the city to allocate additional resources to train and maintain these employees, manage their schedules, and provide supervision. This option would exceed the funds budgeted in the FY 23-24 Budget for this service.
CEQA: Not a project.
1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated April 12, 2023 and is between the CITY OF UPLAND (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for a period which commences on or around July 1, 2023 and ends on June 30, 2024 and for such term thereafter as the parties may agree upon by written amendment to this contract. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the City. Contractor shall assume liability for only those sites agreed to by both Contractor and the City by written amendment stating effective date of assignment
2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.
The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City.
3. The City’s representative in dealing with the Contractor shall be designated by the City of Upland.
4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.
7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
2 8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.
10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide City a Certificate of Insurance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the City.
11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.
a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor and City based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify City will be limited accordingly.
d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars).
3 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.
14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty Dollars and Eighty-nine Cents ($30.89) per hour, per Crossing Guard during the term.
Based on a minimum of ten (10) sites and upon a projected (5,400) hours of service the cost shall not exceed One Hundred Sixty-six Thousand, Eight Hundred and Six Dollars ($166,806.00) per year, unless Contractor fails to perform service.
15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.
16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 days- notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.
17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.
18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
CITY CONTRACTOR
City of Upland All City Management Services, Inc.
By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary
_____________________________
Print Name and Title
Date____________________________ Date____________________________
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF
LON TEAGUE, POLICE LIEUTENANT
SUBJECT: CONSIDER THE APPROPRIATION OF $150,000 IN ARPA FUNDS FOR THE PURCHASE
OF EQUIPMENT AND SOFTWARE FOR THE UNMANNED AERIAL VEHICLE PROGRAM
RECOMMENDED ACTION:
It is recommended that the City Council approve an appropriation of $150,000 in American Rescue Plan Act funds for the purchase of equipment and software for the Upland Police Department’s Unmanned Aerial Vehicle Program.
GOAL STATEMENT
The proposed action supports the City’s goal of providing efficient and effective police services to the citizens of Upland.
BACKGROUND
On March 11, 2021, the President signed into law the American Rescue Plan Act, also known as “ARPA.” The federal stimulus program allocates $1.9 trillion over the next three years to help state and local governments respond to the economic and public health impacts of COVID-19. Under the law, each local government agency nationwide receives an allocation of ARPA funds, based on a formula. The City’s share is $15.2 million.
On September 14, 2021, City Council approved the ARPA Investment Plan, which included an allocation of $200,000 for Police Department aerial drones to improve public safety by enhancing surveillance capabilities throughout the City.
On April 11, 2022, the City Council accepted $357,288 in funding from the County of San Bernardino through Supervisor Curt Hagman’s allocation of the Board of Supervisors Discretionary Fund – District Specific Priorities Program to support technology infrastructure and purchase law enforcement equipment. Included in that funding was $58,649 set aside for the purchase of Unmanned Aerial Vehicle (UAV) drones for emergency police response. These funds allowed the Upland Police Department to start its Unmanned Aerial Vehicle Program. The Upland Police Department was able to purchase 9 UAVs with that initial funding.
ISSUES AND ANALYSIS
Now that the UAV Program has been established, the Police Department has evaluated the program and identified the best use of the ARPA funds that had been allocated for the program. These expenditures include replacement parts, backup batteries, power banks, UAV management software, training equipment, additional UASs and an unmanned ground vehicle (UGV), and logistical support items. The following items provide details for the proposed uses of the funds identified in the Supply Price List attached to this staff report.
The purchase of the Dronesense Software management tool is necessary to aid in managing the UAV flight time, pilot flight time, map overlays, hardware management, collaborating with outside agencies for mutual aid operations, and stream vid eo footage from the drone to the operation commander. The purchase of an additional 10 UAVs and 1 unmanned ground robot. The purchase of two (2) Autel EVO II V3s, which will give patrol five (5) UAVs for overwatch, thermal/infrared, suspect/victim searches, large scene searches, and many other incidents. The five (5) DJI Avatas will provide officers with advanced tactical advantage and increased officer safety and provide benefits when clearing interior locations where a suspect is believed to be hiding. The purchase of three (3) Autel Evo Max Ts will provide the Police Department with advanced security by including a new body style and technology for the foreseeable future. The Evo Max 4T has a new design that
will work with any future purchases and includes the ability to swap and reuse batteries, which is the most common reoccurring UAV expense.
The purchase of one (1) Sky Hero SIGYN UGV. The SIGYN will provide officers with additional means to safely clear areas where a suspect may be hiding. The SIGYN works in conjunction with the LOKI UAV. A single operator can manage both the SIGYN and LOKI from the same controller, giving the tactical team an advantage during high-risk critical incidents.
Logistical support items are paramount to an effective operation. The purchase of support items, which are essential to the UAV Program, includes folding tables, chairs, charging cables, and portable power banks.
The additional operational and logistical items and replacement parts will augment the efficiency of the UAV Program.
ENVIRONMENTAL DETERMINATION
The subject action appropriates funds for the purchase of equipment and software. This agreement is not considered a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378 (b)(4) of the CEQA Guidelines. Under this section, a project does not include the creation of a government funding mechanism or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
FISCAL IMPACTS
The recommended action appropriates $150,000 of American Rescue Plan Act funds in Fund 229 for th e purchase of equipment and software to augment the UAV Program.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project
ADORAMA
2 - Autel Robotics Evo II V3 Dual 640T Enterprise Drone Bundle SKU: AR102001516 MFR: 102001516
10 - Autel Robotics Evo II Enterprise Propellers, pair
SKU: AR1020001181 MFR: 1020001181
5 – Autel Robotics Evo II Propeller Guards
SKU: AR600002071 MFR: 102000202
5 – Autel Robotics Fox Fury D100 Spotlight and Exolander for Evo II Drone SKU: AU600000747 MFR: 600000747
5 – Firehouse Technology ARC “V” Drone Strobe Anti-Collision Light, white.
SKU: FHARCVWHITE MFR: FHARCVWHITE
1 – Anker 767 PowerHouse 2400W 2048Wh Portable Power Station.
SKU: ANK1780111 MFR: A1780111
5 – PGYTECH 29.5” Landing Pad for Drones
SKU: US1555052
15 – Autel Evo II V3 batteries
SKU: AR600002020
1 – Eartec SC-100 5 User Two-way Radio
SKU: EASSTSC5KLP MFR: SSTSC5000LP
1 – Seagate Expansion 18TB USB 3.0 3.5” External Hard Drive SKU: STKP18400 MFR: STKP18000400
8 - SanDisk 256GB Extreme microSDXC UHS-I Memory Card
10 - Autel Robotics Battery for EVO Nano
SKU: AR102000972 MFR: 102000972
20 – Autel Robotics Propellers for EVO Nano Series, Pair SKU: AR102000649 MFR: 102000649
2 – Autel Robotics Multi-Charger for EVO Nano Series
SKU: AR102000647 MFR: 102000647
2 - Tripltek 8 Pro 8" WQXGA 256GB Unlocked Wi-Fi+4G LTE,Octa-Core,8GB RAM,Android 10
SKU: TPK119589355 MFR: 195893533053
2 - Tripltek 8 Pro Tablet Mount with Back Plate for Autel Nano/Lite Drone Controller SKU: TPKB9Z7D4ZBY MFR: B09Z7D4ZBY
5– DJI Avata Drone Pro-View Combo with Googles 2, Fly More Kit, Remote Controller 2 SKU: DJIG2PVCOMBD MFR: CP.FP.00000110.01 D
5 – Go Professional Cases Rugged Hard Case for DJI Avata SKU: GPCDJIAVATA MFR: GPC-DJI-AVATA
18 – Autel Robotics Batter for EVO MAX 4T Drone
SKU: AREVOMAXBT
3 – Autel Robotics EVO MAX 8K Drone with Smart Controller V3 SKU: AREVOMAX4T
$76,073
Total: $66,966.03
AARDVARK (Vender specific)
Loki Replacement Ducts (Set of 4) - $50ea ( X’s 8 )
Loki Replacement Props (Set of 4) – $20ea ( X’s 8)
Loki Replacement Feet (set of 4) - $8ea ( X’s 8)
Loki-BATT - $150ea ( X’s 12)
Loki SIGYN (LOKI-UGVEX-EU-XX) $8795
Total: $12,243.81 (Attached Quote)
INFLUENTIAL DRONES
1 – NIST 4-Stand Trn Course $1,849 (Before tax and SHP)
AMAZON
3 -Chairs (2 Pack) – $41.98 ea.
3 – Ta ble ea. - $99.99
5 - USB Charging Cords ea. - $15.99
1 - USB Charging Hub ea. - $199.99
2 – Drone training Cones – $21.95 ea
1 – EZup - $154.95
1 – 50’ extension cord - $21.99
2 – Cable ties - $8.29 ea
5 – 256gb microsd - $24.99 ea
3 – Zee Lipo Bat Bags $14.99 ea
5 – Fast charge bat packs $69.99
Total: $1,219.92
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Upland Police Depar tment - CA -
Total Contract Budgetary 2023
Quote created: March 8, 2023 Reference: 20230308-103115701 Upland Police Department - CA
460 North Euclid Avenue
Upland, CA 91786
United States
Steve Wyno
Detective
[email protected]
9099467624
Products & Services
Item & Description SKU Quantity Unit
Price
Total
Class 1 UAS License
Class 1 UAS License: covers DJI Mavic series,
Autel, and Parrot
DSC1 5 $7,000.00 $35,000.00
for 5 years
Comments
This is a total contract budgetary quote that aligns with quote ref 20230307-151410965 Andy Abols - Account Executive DroneSense
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Item & Description SKU Quantity Unit
Price
Total
Includes software license for DroneSense App
and Web Console for all organization users.
Unlimited viewers and pilots.
Advanced Video Sharing
Quantity = Amount of UAS Licenses
Included within package; Contacts' Email & Text
Notifications, Magic Video Link (Sharing)
DSAVS 5 $1,500.00 $7,500.00
for 5 years
Mobile Streaming And Tracking (MSAT)
Capability to stream video and device location
into DroneSense from any supported phone or
tablet running the DroneSense Mobile App.
Unlimited tracked devices, 1,200 hours of
streaming video per year.
DSMSAT 1 $12,000.00 $12,000.00
for 5 years
DroneSense Support
Initial setup and online training, 24/7 technical
support via tickets & phone as outlined in Terms
and Conditions, and fair use storage on
DroneSense cloud. Product training webinars
and software maintenance.
DSS 1 $0.00 $0.00
One-time subtotal $54,500.00
Total $54,500.00
Signature
Before you sign this quote, an email must be sent to you to verify your identity. Find your profile below to request a verification email.
Steve Wyno
[email protected] Verify to sign
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This quote expires on June 6, 2023
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PLATFORM TERMS & CONDITIONS
These PLATFORM TERMS & CONDITIONS (“Terms" and together with the order (the "Order”) associated herewith, this "Agreement") set forth the terms and conditions pursuant to which DroneSense, Inc. ("DroneSense") shall provide the elements of its platform (including without limitation Pilots, Operations, and Administration, each, a “Platform Element" and together, the “Platform”) contemplated by the Order to Customer. Each Order is subject to these Terms.
Capitalized terms used herein but not defined herein have the meanings ascribed to them in the Order. In consideration of the mutual promises contained herein, the parties agree as follows:
. SUBSCRIPTION TO THE PLATFORM. Customer agrees to purchase from DroneSense, and DroneSense agrees to provide to Customer, the Platform subscription (the “Subscription”) as indicated in the Order for the quantity and type as set forth in the Order (the “Authorized Products”). Each Subscription includes Pilots, Operations, and Administration (all as defined herein). . SAAS OFFERING
2.1. Provision of Service; Users. During the Term of any Subscription and subject to the terms and conditions set forth herein, including without limitation Customer’s payment of all Fees due hereunder and any restrictions or parameters set forth in this Agreement, Customer and its Users shall have a limited, non- exclusive, non-transferable, non-sublicenseable, royalty-free right and license to access and internally use Pilots, Operations, and Administration for its intended purpose for the Authorized Products. DroneSense will use commercially reasonable efforts to provide Customer with access to its Platform consistent with its Service Level Agreement (“SLA”) as set forth on DroneSense’s website Users will be required to abide by the terms of this Agreement. Any breach by a User will be deemed to be a breach by Customer. Customer shall be solely responsible for managing and administering User accounts, including issuing usernames and passwords, provided that DroneSense may terminate or suspend any User’s access to the Platform for any breach without notice. Customer shall be solely responsible for the security and confidentiality of Customer’s account information, including usernames and passwords, and will ensure that no third party uses Customer’s account. Customer shall immediately notify DroneSense in the event that Customer becomes aware of any unauthorized access to the Platform or any violation of the terms of this Agreement by Customer or any User. . OTHER SERVICES
3.1. Hosting and System Maintenance. Customer acknowledges that DroneSense may host any or all Platform Elements, or elements of Platform Elements, using its own infrastructure or it may engage a third party to host on its behalf. DroneSense currently utilizes Amazon Web Services (AWS) GovCIoud for hosting of certain Platform Elements. Updates may be provided at DroneSense’s discretion at no additional charge, and DroneSense may, in its sole discretion, make any changes that it deems necessary or useful to maintain or enhance the quality or delivery of the Platform or to comply with applicable law. Scheduled system maintenance shall take place during a normal maintenance window, as reasonably determined by DroneSense. During such time, certain Platform Elements and their interaction with other Platform Elements may be unavailable. Emergency maintenance may be required at other times in the event of system failure.
3.2. Technical Support. During the Term of any Subscription, DroneSense will provide Customer with support regarding the Platform as provided in the SLA, found at www.dronesense.com , by phone at (833-DS-HELP-5) or by email at [email protected].
3.3. Maintenance Services. DroneSense will provide periodic updates and bug fixes for Platform Elements at its discretion during the Term of any Subscription (“Maintenance Services"). Any such updates or fixes will be considered DroneSense Software. DroneSense does not warrant that all errors or defects can or need to be corrected. The exclusions from warranty coverage under Section 7.2 are also exclusions from Maintenance Services under this Section. There may be feature charges for update or enhancement releases of Platform Elements.
3.4. Training. Initial training for the Platform is available online and should be scheduled directly with DroneSense. DroneSense will provide on-site training if purchased by Customer in the applicable Order.
3.5 DroneSense Response Team. DroneSense has developed the DroneSense Response Team (DRT). DRT is a team of DroneSense employees predominately made up of former first responders. Customer can request DRT support for a Public Safety event. DroneSense will work with customer to define scope of mission and ability to support. Based on the agreed to mission scope, they will come with an appropriate set of drones and equipment for the mission. Duration and any applicable cost or expenses reimbursement would be mutually agreed to with the customer ahead of deployment.
The DRT role and capabilities can include:
(a) Flying and live streaming real time information to incident command, EOC and subject matter experts, (b) Providing training on-site to other first responders that have not previously used DroneSense, (c) Trouble shooting any software issues that occur and help identify and resolve networking issues, (d) Assist in validating and updating correct firmware for agencies drones and controllers, (e) Helping set up Shared Mission codes and coordinate multiple agencies flying collaboratively, (f) Coordinate and build out map layers to insure safe operating space for multiple agency operations, (g) Act as a single point of contact for any DroneSense related issues back to our support operation center, (h) Assist with After Action Report and documentation of flights, recordings and logging of equipment and personnel, (i) Provide operational and logistical support.
. CUSTOMER ACKNOWLEDGEMENTS AND RESPONSIBILITIES
4.1. Customer Assistance. Customer shall provide DroneSense with all information, materials and assistance as reasonably required for DroneSense to activate and operate the applicable Platform Elements for Customer and its Users pursuant to this Agreement.
4.2. Compliance with Applicable Law. Customer and each User uses the Platform at its own initiative and is responsible for compliance with any applicable laws, including without limitation any federal, state or local employment and/or tax laws. WITHOUT LIMITING THE FOREGOING, CUSTOMER IS SOLELY RESPONSIBLE FOR ANY AND ALL LAWS AND REGULATIONS PERTAINING TO THE OPERATION AND MAINTENANCE OF ANY AIRCRAFT. DroneSense may also impose limits on the use or access to the Platform as required by law.
4.3. Third Party Elements. Customer acknowledges that one or more Platform Elements may contain data, software or components that are either owned by a third party or in the public domain (“Third Party Elements”). Customer's rights in the Third Party Elements comprised by software are governed by and subject to the terms and conditions set forth in the applicable third party license(s) also set forth therein. Customer acknowledges and agrees to fully comply with such terms and conditions. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, TO THE FULLEST EXTENT PERMITTED UNDER LAW AND
THE APPLICABLE THIRD PARTY LICENSES OR OTHER THIRD PART AGREEMENTS, THE DISCLAIMERS SET FORTH AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO DRONESENSE AND ITS LICENSORS WITH RESPECT TO SUCH THIRD PARTY ELEMENTS.
4.4. Restrictions. Customer may not rent, lease, lend, sell, redistribute, reproduce or sublicense any Platform Element, or use any Platform Element as a service bureau. Customer may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, create derivative works of any Platform Element, or any part thereof, or use any Platform Element in violation of any law or regulation. If for some reason these restrictions are prohibited by applicable law or by an agreement DroneSense has with one of its licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). Customer shall not exploit any Platform Element in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Customer will comply with reasonable storage guidelines, each as established from time to time by DroneSense. DroneSense reserves the right to limit Customer's storage of Data (defined in Section 5.2) if Customer exceeds reasonable amounts. Customer will be solely responsible for the following: (i) providing all hardware, software, networking and communications capabilities, including any cellular data plans, storage devices, or SIM cards, required for use of the Platform; (ii) at all times using the Platform in accordance with the applicable documentation and any other written instructions provided by DroneSense; (iii) using the Platform in a manner that does not infringe the intellectual property, privacy or other rights of third parties, and (iv) ensuring that Customer and its Users do not
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upload or transmit viruses or malicious code via the Service. No User shall share his/her username or password with other individuals within or outside of Customer's organization, without DroneSense's written approval. . INTELLECTUAL PROPERTY
5.1. Reservation of Rights. All intellectual property rights in and to the Platform and all Platform Elements remain the sole property of DroneSense and/or its licensors. If Customer or any of its Users submits to DroneSense comments, suggestions, or other feedback regarding the Platform or any Platform Element ("Feedback”), Customer agrees that DroneSense will be free to use such Feedback for product improvement without accounting or obligation.
5.2. Rights in Data. As between DroneSense and Customer, Customer shall own all right, title, and interest in and to any data that is collected by DroneSense from Customer and its Users, and in connection with their use of the Platform (“Data”). Customer grants and agrees to grant to DroneSense a non-exclusive, transferable, sublicensable, royalty free license to use such Data in order to provide the applicable elements of the Platform to Customer and as necessary to monitor and improve the Platform. DroneSense shall have the right to use the Data, on an aggregated and non-identifiable basis only (“Blind Data"), to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data, and DroneSense will solely own the Blind Data. It is Customer’s sole responsibility to back up its Data, and Customer agrees and acknowledges that post termination or expiration of this Agreement it may not have access to the Data. . PAYMENT TERMS.
6.1. Fees. Applicable fees and pricing for the Subscription is set forth on the Order. Subscription renewal pricing is specified in Section 11.2 and 11.3.
6.2. Payment Terms. Customer hereby agrees to pay DroneSense all Fees on or prior to the Order date or the applicable renewal date, by issuing a check to DroneSense, or using a credit card or other electronic payment method on file with Customer's account. If Customer pays via one of a third party payment vendor (e.g. Stripe or PayPal), Customer agrees to abide by such vendor’s then-current terms of use and pay any associated processing fees separate from what appears in the Order. All Fees are non-refundable and are payable in U.S. dollars. Any Fees remaining unpaid for more than fifteen (15) days past their due date shall accrue interest at a rate of the lesser of one and one-half (1.5%) percent per month or the highest rate allowed by law. DroneSense may also (at its discretion and in addition to other remedies it may have) suspend any pending deliveries or services, and Customer's and its Users' access to the Platform if any invoice remains unpaid for more than fifteen (15) days.
6.3. Taxes. The Fees set forth on the Order do not include local, state or federal sales, use, value-added, excise or personal property or other similar taxes or duties, and any such taxes shall be assumed and paid by the Customer except those taxes based on the net income of DroneSense. DroneSense shall have no liability for any taxes owed by Customer or its Users as a result of the Customer's use of the Platform. If Customer is a tax-exempt, or equivalent, entity, Customer shall provide a copy of the tax-exemption certificate to DroneSense upon execution of Order. . WARRANTIES AND DISCLAIMER.
7.1. Mutual Warranties. Each party represents that it is a public entity, or a corporation that is duly organized, validly existing, and in good standing in the jurisdiction in which it is incorporated, and that it has the requisite power and authority to execute and deliver this Agreement and to carry out the transactions contemplated by this Agreement and that it will do so in accordance with, and acknowledges that this Agreement is subject to, applicable law. Each party represents and warrants that it has no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude it from complying with the provisions hereof.
7.2. Disclaimer. THE FOREGOING CONSTITUTES DRONESENSE'S ONLY WARRANTIES CONCERNING THIS AGREEMENT AND THE PLATFORM, AND IS MADE
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. CUSTOMER SHALL NOT AND HAS NO AUTHORITY TO MAKE ANY WARRANTY ON BEHALF OF DRONESENSE TO ANY USER CONCERNING THE SERVICE. . CONFIDENTIALITY
8.1. Definition. "Confidential Information’ means any proprietary information, customer information, product plans, inventions, technical data, trade secrets, know- how, or other business information, in each case disclosed by a disclosing party hereunder. Except as otherwise provided for herein, DroneSense’s Confidential Information includes, without limitation, each Platform Element, any DroneSense software comprising the same (if applicable), and the terms and conditions of this Agreement. Customer’s Confidential Information includes, without limitation, the Data.
8.2. Exclusions. Notwithstanding Subsection 8.1, nothing received by a receiving party shall be construed as Confidential Information which: (a) is now available or becomes available to the public without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality; (c) is known to the receiving party prior to such disclosure; or (d) is, at any time, developed by the receiving party independent of any such disclosure(s).
8.3. Non-Use and Non-Disclosure. The receiving party shall not disclose Confidential Information to any third party (other than as set forth herein) and may only use the disclosing party's Confidential Information for the intended business purpose related to this Agreement and for the benefit of the disclosing party or as expressly set forth herein. Both parties shall protect Confidential Information from disclosure or misuse by using the same degree of care as for their own confidential information of like importance, but shall at least use reasonable care. It is understood that said Confidential Information shall remain the sole property of the disclosing party unless otherwise expressly set forth herein.
8.4. Disclosure Required by Law. Notwithstanding Subsection 8.3 above, a receiving party may disclose the other party's Confidential Information if the information is required by law to be disclosed in response to a valid order of a court of competent jurisdiction or authorized government agency, provided that the receiving party must give the disclosing party prompt written notice and obtain or allow for a reasonable effort by the disclosing party to obtain a protective order prior to disclosure.
. LIMITATION OF LIABILITY AND REMEDIES.
9.1. NO LIABILITY FOR THIRD PARTIES. DRONESENSE SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO THIRD- PARTY ELEMENTS. CUSTOMER'S SOLE REMEDIES WITH RESPECT THERETO SHALL BE BETWEEN CUSTOMER AND THE APPLICABLE THIRD-PARTY.
9.2. DISCLAIMER OF DAMAGES. EXCEPT FOR LIABILITIES RESULTING FROM A BREACH OF SECTIONS 4 (“CUSTOMER ACKNOWLEDGEMENTS AND RESPONSIBILITIES”), 8 ("CONFIDENTIALITY”) OR A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, IN NO EVENT SHALL EITHER PARTY BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS, LOST PROFITS, OR LOST SAVINGS) EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
9.3. MAXIMUM LIABILITY. EXCEPT FOR LIABILITIES RESULTING FROM A BREACH OF SECTIONS 4 (“CUSTOMER ACKNOWLEDGEMENTS AND RESPONSIBILITIES”), 6 ("PAYMENT'), 8 (“CONFIDENTIALITY”) OR A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, IN NO EVENT SHALL EITHER PARTY’S LIABILITY
HEREUNDER (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) IN THE AGGREGATE EXCEED THE FEES RECEIVED BY DRONESENSE HEREUNDER.
9.4. Allocation of Risk. The allocations of liability in this Section represent the agreed and bargained-for understanding of the parties and voluntary allocation between them of the risk associated with Customer's use of the Platform and, but for this provision, DroneSense would not have made the Service available to Customer hereunder. DroneSense's compensation reflects such allocations, and the limitations and exclusions will apply notwithstanding the failure of essential purpose of any limited remedy contained herein.
. INDEMNIFICATION.
10.1. By DroneSense. DroneSense shall defend Customer from and against any claim, demand, or action in any form brought by a third party against Customer, and indemnify and hold Customer harmless from any damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ and experts' fees, in each case that are finally awarded to the third party by a court of competent jurisdiction or otherwise owed in any settlement, in each case to the extent arising from or related to any allegation that any Platform Element, as provided to Customer and used within the scope of this Agreement), infringe any U.S. patent, copyright, or trade secret. Notwithstanding the foregoing, DroneSense will have no liability for any infringement claim of any kind if the claim results from: (a) modifications
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made other than by DroneSense; (b) unauthorized or unlicensed use; (c) any Third Party Elements; (d) the combination, operation or use of any Platform Element with equipment, devices or software not supplied by DroneSense, to the extent such a claim would have been avoided if the Platform Element was not used in such combination; (e) use of information, materials, Content, Data, or marks provided to DroneSense; or (f) or compliance by DroneSense with designs, plans or specifications furnished by or on behalf of Customer.
10.2. By Customer. To the extent allowed by law, Customer shall defend DroneSense from and against any claim, demand, or action in any form brought by a third party against DroneSense, and indemnify and hold DroneSense harmless from any damages, liabilities, losses, costs, and expenses, including reasonable attorneys' and experts' fees, in each case that are finally awarded to the third party by a court of competent jurisdiction or otherwise owed in any settlement, in each case to the extent arising from or related to: (a) unauthorized, negligent or illegal use of the Platform, or any hardware used in conjunction with the Platform, such as, but not limited to, unmanned aerial systems (“Customer Hardware"), by Customer or any User; (b) any Content or Data provided by Customer or a User, or (c) personal injury, property damage or loss of life caused by Customer Hardware.
10.3. Rights Upon Infringement. If Customer's use of the Platform is, or in DroneSense’s opinion is likely to be, enjoined due to the type of infringement specified in Subsection 10.1 above, DroneSense may, at its sole option and expense: (a) procure for Customer the right to continue using the same under the terms of this Agreement; (b) replace or modify the same so that it is non-infringing; or (c) if options (a) and (b) above cannot be accomplished despite DroneSense's reasonable efforts, then DroneSense may terminate Customer’s rights and DroneSense’s obligations hereunder and refund a pro-rata portion of any pre-paid Fees paid therefore, based upon Customer's use to date.
10.4. Conditions Precedent. The indemnifying party will have no obligation under this Section as to any claim, suit, or proceeding unless: (a) the indemnified party promptly notifies the indemnifying party in writing of such claim, suit, or proceeding; (b) the indemnifying party has sole control of its defense and settlement; and (c) the indemnified party, upon request of the indemnifying party, cooperates in all reasonable respects, at the indemnifying party’s cost and expense, with the indemnifying party and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom; provided, however, that the indemnifying party keeps the indemnified party informed of and consults with the indemnified party in connection with the progress of such litigation or settlement; and (c) the indemnified party may choose to participate in the defense or settlement of the claim at its own expense.
10.5. Sole Remedy. The provisions of this Section set forth DroneSense's sole and exclusive obligations, and Customer’s sole and exclusive remedies, with respect to infringement of any industrial or intellectual property rights of any kind. . SUBSCRIPTIONS, TERM AND TERMINATION.
11.1. Term. This Agreement will commence on the Effective Date and unless terminated as set forth herein, will continue for so long as a Subscription is still in effect hereunder, including any renewal terms.
11.2. Single Year Subscriptions. A Single Year Subscription will be for the one-year initial term, and pricing will be at the rate specified in the Order, the DroneSense’s then-current pricing. Single Year Subscriptions and any Additional Subscriptions shall automatically renew for successive one-year periods at DroneSense’s then current pricing unless a party notifies the other of its intention not to renew at least thirty (30) days prior to the end of the initial term of a Subscription or thirty (30) days prior to the end of the renewal term. The initial term and all renewal terms shall be the “Term” of the applicable Single Year Subscription.
At any time during a Single Year Subscription, Customer may order additional drones to be added at the then current DroneSense price (an Additional Subscription). They will be pro-rated for time remaining in the current Subscription Period. For Additional Subscriptions (a) Customer will be able to use DroneSense software for15 days, (b) after 15 days customer will need to either archive the new drone(s) or c) be invoiced for the Additional Subscriptions, (d) the term will be coterminous with the Single Year Subscription, (d) are payable net 30 after invoice, and (e) are subject to auto renewal the same as set forth above for Single Year Subscriptions.
11.3. Multi-Year Subscriptions. If Customer enters into a Subscription for a period of two or more years (a Multi-Year Subscription), the license pricing will be as set forth in the Order (Contract Price) and will not increase during the Term of the Subscription. Renewals of a Multi-Year Subscription will also be at the original Contract Price. Payment for each year during the Term will be due annually on each anniversary of the Effective Date. For Multi-Year Subscriptions, the Subscription shall automatically renew for successive periods (each successive period to be for the same number of years as the first) following the previous term unless one party notifies the other of its intention not to renew at least thirty (30) days prior to the end of the initial term of a Multi-Year Subscription. The initial term and all renewal terms shall be the “Term” of the applicable Multi-Year Subscription.
At any time during a Multi-Year Subscription, Customer may order additional drones to be added at the Contract Price (an Additional Subscription). They will be pro-rated for time remaining in the current Multi-Year Subscription period. For Additional Subscriptions (a) Customer will be able to use DroneSense software for 15 days, (b) after 15 days, the customer will need to archive the new drone (s) or DroneSense will invoice customer for the Additional Subscription, (c) the term will run coterminous with the Multi-Year Subscription, (d) the invoice is payable at Customer’s option either net 30 of invoice date, or in arrears at the end of the current term, and (d) are subject to auto renewal the same as set forth above for Multi-Year Subscriptions. Customer will notify DroneSense of it’s payment choice within 10 days of invoice.
11.4. Termination. In the event that a party is in breach of the terms of this Agreement applicable to a given Subscription and does not cure such breach within thirty (30) days following notice thereof, then the other party may immediately suspend performance (including delivery and/or access to the applicable Platform Element, in the case of DroneSense) or terminate the applicable Subscription by sending written notice to the breaching party. Unless otherwise expressly specified as applying only to a given Subscription, Customer’s obligations under this Agreement shall apply to any and all Subscriptions issued hereunder, and an uncured breach thereof shall entitle DroneSense to terminate any and all other Subscriptions and/or this Agreement. Subject to Section 5.2 of this Agreement, upon termination, DroneSense must promptly return any and all Data collected, maintained, created or used in the course of the performance of this Agreement, in whatever form it is maintained, at the request of the Customer, except for Blind Data.
11.5. Effect of Expiration or Termination. Sections 6 (with respect to amounts accrued or payable prior to termination), and 4.3, 4.4, 5, 6, 7.2 and 8-12 shall survive any expiration or termination of this Agreement. All other rights and obligations shall cease and be of no further force or effect. . GENERAL.
12.1. Publicity. Either party may request a joint press release to announce their relationship, however, any such press release relating to this Agreement will only be announced with the prior written approval of both parties. During the term of this Agreement, either party may include the name and logo of the other party in lists of customers or vendors and on its website, in accordance with the other party's standard trademark usage guidelines (if any).
12.2. Entire Agreement.
12.3. This Agreement, including the Orders and any schedules and/or attachments referenced herein or issued hereunder constitute the entire agreement of the parties with respect to the subject matter contemplated herein, and supersede any prior representations, agreements, negotiations, or understandings between them, whether written or oral, with respect to the subject matter hereof, provided that with respect to Confidential Information disclosed thereunder this Agreement shall not affect any surviving provision of any NDA or other agreement by and between the parties. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of the parties hereto, or unless and except to the extent Customer accepts a subsequent click-to-accept agreement delivered by DroneSense via the Platform.
12.4. Governing Law and Jurisdiction. The Agreement will be governed by the laws of the state where the delivery of services first occurs under this Agreement.
The parties expressly agree to exclude the application of the U.N. Convention on Contracts for the International Sale of Goods (1980) to this Agreement and the performance of the parties contemplated herein, to the extent that such convention might otherwise be applicable.
12.5. Relationship of Parties. The parties are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. DroneSense reserves the right to utilize subcontractors.
12.6. Attorneys’ Fees. In any court action at law or equity which is brought by one of the parties to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, in addition to any other relief to which that party may be entitled.
12.7. Equitable Relief. The parties agree that a material breach of the confidentiality provisions of this Agreement or restrictions set forth herein would cause irreparable injury to DroneSense for which monetary damages alone would not be an adequate remedy, and therefore DroneSense shall be entitled to equitable relief in addition to any other remedies it may have hereunder or at law, without the requirement of posting bond or proving actual damages.
12.8. Force Majeure. Neither party shall be deemed to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, terrorism,
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Questions? Contact me
Andy Abols
Account Executive
[email protected]
+19703253771
DroneSense
2028 E Ben White Blvd #240-4502
Austin TX 78741
United States
energy crises, pandemics, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, other accidents or catastrophes, or any other occurrences which are beyond such party’s control.
12.9. Government Use. The use, duplication, reproduction, release, modification, disclosure, or transfer of the Platform, no matter how received by the United States Government, is restricted in accordance with the terms and conditions contained herein. All other use is prohibited. Further, the Platform was developed at DroneSense’s private expense and is commercial in nature. By using or receiving the Platform, any Government user agrees to the terms and conditions contained in this Agreement including the terms and conditions contained in this paragraph.
12.8. Assignment. Neither party may assign this Agreement, in whole or in part, without the other party's prior written consent, provided that no consent is required in connection with a merger, reorganization, consolidation, amalgamation, sale of assets or similar transaction. Any purported assignment in violation of this Section shall be null and void. The Agreement shall be binding on all permitted successors and assigns.
12.10. Severability. The invalidity or unenforceability of any provision hereof, or any terms thereof, shall not affect the validity of this Agreement as a whole, which will at all times remain in full force and effect.
12.11. Waiver. The failure of either party to enforce at any time the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of either party to enforce each and every such provision thereafter. The express waiver by either party of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
12.12. Order of Preference. If there is a conflict between the terms and conditions of this Agreement and any contracts incorporated by reference, they shall have the following precedence: the Order and then the Terms.
12.13. Notices. All notices required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by courier or overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses set forth below or in the Order or to such other address as may be specified by either party to the other in accordance with this Section.
Re: Sole Source AARDVARK
Heidemarie LaTurner
1935 Puddingstone Drive
CA 91750, La Verne
United States
Dear Heidemarie LaTurner,
On the date of the 03rd of August 2022, Sky-Hero SA hereby declares that Sky-Hero SA is the Sole Source Manufacturer of the Loki MK2 UAV, Sigyn MK1, the Sky-Hero GCS and all related products
Aardvark Tactical, located 1935 Puddingstone Drive, CA 91750, is the Sole Source Distributor for all products manufactured by Sky-Hero SA in Canada and the United States of America Sky-Hero SA gives itself the opportunity to evolve its distribution network at any time.
Sincerely,
Alexis Franck
Allée de la recherche 12
1070 Anderlecht
BE 0518 919 316
[email protected]
www.sky-hero.com
Page: 1
800-223-2500 QUOTE
2232492 04/19/2023
BILLING ADDRESS:SHIPPING ADDRESS:
UPLAND POLICE DEPARTMENT UPLAND POLICE DEPARTMENT
Att: STEVEN WYNO Att: STEVEN WYNO Customer No:6634785
460 N EUCLID AVE 460 N EUCLID AVE Customer PO:RFQ-06298060 UPLAND, CA 91786 USA UPLAND, CA 91786 USA Terms:
(909) 931-4157 (909) 931-4157
SKU#Item Qty Price Total
Any item/s showing as "back-order"?
An item listed as "back-order" is on order with the
supplier and is temporarily out of stock. These items
will ship soon. Most backordered items ship within 10
business days. We never charge additional shipping as
a result of a back-order. Please feel free to contact
us for additional info at www.adorama.com/email .
Note: Please be prudent when throwing away packaging
material. It is possible to miss some contents.
Checking off contents against the packing list is always a good idea. If something is indeed missing please make a claim within 5 days to be compliant with our policies.
We want to buy your used photo equipment:
In the last year alone, Adorama spent millions
buying 35mm, medium / large-format, scopes, video
and digital equipment. Our satisfied customers
happily cashed in or traded their equipment and
enjoyed our above market value payout. Adorama
pays top dollar for individual items, rare pieces,
collections and estates. For more information, call
1-800-223-2500 or visit us at www.adorama.com/sell
and use our online quoting system.
No Hassle Return Policy:
We want you to be completely happy with your purchase
from Adorama. Please see the general Return/Exchange
guidelines and policy posted on our website at
www.adorama.com/policy .
Adorama Access
Ask about Adorama Access.
Affordable technical support subscription plans
that help you set up and get the most out of
your equipment.
Online: www.adorama.com/Access
or speak to your account manager.
AR102001516 AUTEL EVO II V3 DUAL 640T ENTERPRISE BU 2 5,907.16 11,814.32 Mfg Item#: 102001516
AR1020001181 AUTEL EVO II ENT PROPELLER, PAIR 10 17.10 171.00 Mfg Item#: 1020001181
AR600002071 AUTEL ROBOTICS EVO II PROPELLER GUARDS 5 18.95 94.75 Mfg Item#: 102000202
AU600000747 AUTEL FOXFURY D100 EXOLANDER BUNDLE 5 660.25 3,301.25 Mfg Item#: 600000747
Above item is a special order item
FHARCVWHITE FIREHOUSE ARC "V" ANTI COLL LIGHT (WH 5 22.25 111.25 Mfg Item#: FHARCVWHITE
ANK1780111 ANKER PH 767 2048WH STATION 1 1,518.36 1,518.36 Mfg Item#: A1780111
PGYAC308 PGYTECH 75CM LANDING PAD FOR DRONES 5 7.09 35.45 Mfg Item#: PGY-AC-308
AR600002020 AUTEL ROBOTICS EVO II BATTERY 15 208.05 3,120.75 Mfg Item#: 600002020
EASSTSC5KLP EARTC 5U SC1000 RAD SYS/SST LPL MIC EB 1 736.39 736.39 Mfg Item#: SSTSC5000LP
STKP18400 SEAGATE EXPANSION 18TB DESKTOP HARD DRI 1 279.99 279.99 Mfg Item#: STKP18000400
IDSQXAV256G SANDISK EXT MICROSDXC 256GB UHS-I CARD 8 22.49 179.92 Mfg Item#: SDSQXAV-256G-AN6MA
Regular Web Price: $59.99 - Instant Rebate: $35.00
Rebate or promo period Expires on 04/30/23
Limited time offer, while supplies last
AR102000972 AUTEL BATTERY FOR NANO SERIES, ORANGE 10 61.75 617.50 Ship Via:UPS Ground Delivery Salesman 1955 - terim
Printed By:TERIM 04/19/23 05:24 PM
Page: 2
800-223-2500 QUOTE
2232492 04/19/2023
BILLING ADDRESS:SHIPPING ADDRESS:
UPLAND POLICE DEPARTMENT UPLAND POLICE DEPARTMENT
Att: STEVEN WYNO Att: STEVEN WYNO Customer No:6634785
460 N EUCLID AVE 460 N EUCLID AVE Customer PO:RFQ-06298060 UPLAND, CA 91786 USA UPLAND, CA 91786 USA Terms:
(909) 931-4157 (909) 931-4157
SKU#Item Qty Price Total
Any item/s showing as "back-order"?
An item listed as "back-order" is on order with the
supplier and is temporarily out of stock. These items
will ship soon. Most backordered items ship within 10
business days. We never charge additional shipping as
a result of a back-order. Please feel free to contact
us for additional info at www.adorama.com/email .
Note: Please be prudent when throwing away packaging
material. It is possible to miss some contents.
Checking off contents against the packing list is always a good idea. If something is indeed missing please make a claim within 5 days to be compliant with our policies.
We want to buy your used photo equipment:
In the last year alone, Adorama spent millions
buying 35mm, medium / large-format, scopes, video
and digital equipment. Our satisfied customers
happily cashed in or traded their equipment and
enjoyed our above market value payout. Adorama
pays top dollar for individual items, rare pieces,
collections and estates. For more information, call
1-800-223-2500 or visit us at www.adorama.com/sell
and use our online quoting system.
No Hassle Return Policy:
We want you to be completely happy with your purchase
from Adorama. Please see the general Return/Exchange
guidelines and policy posted on our website at
www.adorama.com/policy .
Adorama Access
Ask about Adorama Access.
Affordable technical support subscription plans
that help you set up and get the most out of
your equipment.
Online: www.adorama.com/Access
or speak to your account manager.
Mfg Item#: 102000972
AR102000649 AUTEL PROPELLER FOR NANO SERIES, PAIR 20 9.50 190.00 Mfg Item#: 102000649
AR102000647 AUTEL MULTI-CHARGER FOR NANO SERIES 2 37.50 75.00 Mfg Item#: 102000647
TPK119589355 TRIPLTEK 8 PRO 8GB 256GB, 4G UNLOCKED/W 2 670.98 1,341.96 Mfg Item#: 195893533053
TPKB9Z7D4ZBY TRIPLETEK AUTEL NANO/LITE MOUNT FOR TRI 2 57.60 115.20 Mfg Item#: B09Z7D4ZBY
Above item is a special order item
GPCDJIAVATA GPC RUGGED HARD CASE FOR DJI AVATA 5 181.78 908.90 Mfg Item#: GPC-DJI-AVATA
AREVOMAXBT AUTEL EVO MAX BATTERY 18 278.75 5,017.50
Mfg Item#: EVOMAXB
AREVOMAX4T AUTEL EVO MAX 4T 3 8,441.56 25,324.68
Mfg Item#: 102001823
DJIG2PVCOMBD DJI AVATA GOGGLES 2 PR-VW CMB W/FLY KIT 5 1439.05 7195.25 Above Item is a Kit and Consists of the Following Items:
DJIG2PVCOMBO DJI AVATA GOGGLES 2 PRO-VIEW COMBO 5
Mfg Item#: CP.FP.00000110.01
DJIAVATAFMK DJI AVATA FLY MORE KIT 5
Mfg Item#: CP.FP.00000071.01
DJICPFP1901 DJI FPV REMOTE CONTROLLER 2 5
Mfg Item#: CP.FP.00000019.01
End of Kit Item (Prices are for Kit Only)
Ship Via:UPS Ground Delivery Salesman 1955 - terim
Printed By:TERIM 04/19/23 05:24 PM
Page: 3
800-223-2500 QUOTE
2232492 04/19/2023
BILLING ADDRESS:SHIPPING ADDRESS:
UPLAND POLICE DEPARTMENT UPLAND POLICE DEPARTMENT
Att: STEVEN WYNO Att: STEVEN WYNO Customer No:6634785
460 N EUCLID AVE 460 N EUCLID AVE Customer PO:RFQ-06298060 UPLAND, CA 91786 USA UPLAND, CA 91786 USA Terms:
(909) 931-4157 (909) 931-4157
SKU#Item Qty Price Total
Any item/s showing as "back-order"?
An item listed as "back-order" is on order with the
supplier and is temporarily out of stock. These items
will ship soon. Most backordered items ship within 10
business days. We never charge additional shipping as
a result of a back-order. Please feel free to contact
us for additional info at www.adorama.com/email .
Note: Please be prudent when throwing away packaging
material. It is possible to miss some contents.
Checking off contents against the packing list is always a good idea. If something is indeed missing please make a claim within 5 days to be compliant with our policies.
We want to buy your used photo equipment:
In the last year alone, Adorama spent millions
buying 35mm, medium / large-format, scopes, video
and digital equipment. Our satisfied customers
happily cashed in or traded their equipment and
enjoyed our above market value payout. Adorama
pays top dollar for individual items, rare pieces,
collections and estates. For more information, call
1-800-223-2500 or visit us at www.adorama.com/sell
and use our online quoting system.
No Hassle Return Policy:
We want you to be completely happy with your purchase
from Adorama. Please see the general Return/Exchange
guidelines and policy posted on our website at
www.adorama.com/policy .
Adorama Access
Ask about Adorama Access.
Affordable technical support subscription plans
that help you set up and get the most out of
your equipment.
Online: www.adorama.com/Access
or speak to your account manager.
Sub Total: 62149.42
Thank you for being a repeat Customer.Shipping: .00 Tax: 4816.61
This quote was prepared by your sales representative,Quote Total: 66966.03 Teri Miller.
To place order or for any help, call
Teri Miller
at (800) 223-2500 or email at [email protected]
To email Customer Service please go to www.adorama.com/email Ship Via:UPS Ground Delivery Salesman 1955 - terim
Printed By:TERIM 04/19/23 05:24 PM
ISSUED 4/25/2023
QUOTE #54222
BILLING
Upland Police Department
Steven Wyno
1499 W. 13th St.
Upland, CA 91786
SHIPPING
Upland Police Department
Steven Wyno
1499 W. 13th St.
Upland, CA 91786
TERMS Net 30
EXPIRES 30 Days
PHONE:(909) 946-7624
EMAIL:[email protected]
YOUR ADVEXURE POINT OF CONTACT
Travis Waibel, Public Safety Solutions
Email: [email protected] | Direct: (424) 317-4451
WE LOOK FORWARD TO SERVING YOU
The contents of this quotation and any attachments are CONFIDENTIAL for the client listed and may contain sensitive and proprietary information from Advexure LLC.
The information may also be legally privileged. Any use, disclosure, reproduction, or dissemination of this transmission is strictly prohibited without prior written consent.
SALES QUOTE
Advexure Unmanned Systems
(855) 625-2055 www.advexure.com
9281 Irvine Blvd
Irvine, CA 92618 USA
CAGE:8FF59Tax ID:47-4174938
PUBLIC SAFETY UAS ||TRAINING CONSULTING SERVICE||
|
ITEM / DESCRIPTIONSKUQTY UNIT PRICE AMOUNT
Autel EVO II (V3) Dual 640T Enterprise Bundle
Includes: (1) EVO II V3 Aircraft w/ 640T Thermal Camera, (3) Flight Batteries, (1) 7.9" Smart Controller, (4) Pairs of Propellers, (1) 110V Wall Charger, (1) 12V Car Charger, (1) Battery Charging Hub, (1) Smart Controller Charger, (1) Smart Controller Charging Cable, (1) Speaker, (1) Search Light, (1) Strobe, (1) Chest Strap, (1) Attachment Port Cover, (1) Gimbal Cover, (1) 32GB SD Card, (1) Spare Pair of Controller Sticks, (1) Hard Rugged Case
AR-EV2V3-640T-...2 6,999.00 13,998.00T
DJI Avata Pro-View Combo w/ DJI RC Motion 2 & Goggles 2DJI-AVA-PVRM25 1,428.00 7,140.00T DJI Avata Fly More Kit
Includes: (2) Flight Batteries, (1) Charging Hub
DJI-AVA-FMK5 279.00 1,395.00T
DJI FPV Remote Controller 2DJI-FPV-RC25 199.00 995.00T
Autel EVO Max 4T Bundle
Includes: EVO Max 4T Aircraft with Camera Payload & Gimbal Cover, (1) Smart Controller SE, (1) Flight Battery, (3) Propeller Pairs, (1) Battery Charger + Power Cable, (1) RC Charger + Cable, (1) Smart Controller Lanyard, (1) Smart Controller Cover, (1) Smart Controller Spare Joysticks, (1) Screwdriver, (1) Data Cable, (1) 64GB Micro SD Card, (1) Manuals, (1) Rugged Case
AR-EVM4TB3 8,999.00 26,997.00T
Autel EVO Max BatteryAR-EVMBT6 319.00 1,914.00T
Advexure Enterprise Lifetime Premium Support
COMPLIMENTARY: As one of the longest serving and most
reputable UAV/drone dealers and distributors in North
America, Advexure's enterprise solutions division commits itself to seven days a week, 365 days a year dedicated
enterprise level support available near 24 hours a day by phone, email and live chat. Learn more about the Advexure Experience here, and research our service reputation for yourself.
ADV-ELPS1 0.00 0.00
ISSUED 4/25/2023
QUOTE #54222
BILLING
Upland Police Department
Steven Wyno
1499 W. 13th St.
Upland, CA 91786
SHIPPING
Upland Police Department
Steven Wyno
1499 W. 13th St.
Upland, CA 91786
TERMS Net 30
EXPIRES 30 Days
PHONE:(909) 946-7624
EMAIL:[email protected]
YOUR ADVEXURE POINT OF CONTACT
Travis Waibel, Public Safety Solutions
Email: [email protected] | Direct: (424) 317-4451
WE LOOK FORWARD TO SERVING YOU
The contents of this quotation and any attachments are CONFIDENTIAL for the client listed and may contain sensitive and proprietary information from Advexure LLC.
The information may also be legally privileged. Any use, disclosure, reproduction, or dissemination of this transmission is strictly prohibited without prior written consent.
SALES QUOTE
Advexure Unmanned Systems
(855) 625-2055 www.advexure.com
9281 Irvine Blvd
Irvine, CA 92618 USA
CAGE:8FF59Tax ID:47-4174938
PUBLIC SAFETY UAS ||TRAINING CONSULTING SERVICE||
|
ITEM / DESCRIPTIONSKUQTY UNIT PRICE AMOUNT
FREE Standard Shipping 0.00 0.00
Sourcewell Contract Pricing - Unmanned Vehicle Systems
Contract #011223-ADX
Contract Period: 03/21/2023 - 03/24/2027
Account Name: City of Upland
Account #: 69697
-3,146.34 -3,146.34
TOTAL $53,112.84
Subtotal $49,292.66
Sales Tax (7.75%)$3,820.18
Blue Skies Drone Shop
Blue Skies Drone Rental, LLC
INVOICE NO.#D3112
ORDER DATE April 26, 2023
SHIPPING
EMAIL sw [email protected] rg
BILL TO
Stev en Wyno
Upland Police Deparment
1499 West 13th Street
Upland, CA 91786
Tel. +19099467624
SHIP TO
Stev en Wy no
U pland Po lice Deparment
1499 West 13th Street
U pland, CA 91786
Tel. +19099467624
ITEM DESCRIPTION QTY PRICE TOTAL
Autel Robotics - EVO II Dual 6 40T Ente rprise Bundle V3 102001516
× 2 $6,999.00 $13,998.00
DJI - Avata Pro Vie w Combo (DJI RC Moti on 2 & DJI
Goggle s 2)
CP.FP.00000129.01 × 5 $1,428.00 $7,140.00
Autel - Evo MAX 4T Bundle
102001823
× 3 $8,999.00 $26,997.00
If you have any questions, please do get in contac t.
Terms and Conditions: This quote is c on dential and should not be shared outside of your organization in whole or in part exc ept as required by law. By paying this invoice Payee accepts Blue Skies Drone Rental LLC terms and policies for rentals, new sales, and used sales as posted on https://www.blueskiesdronerental.com/terms-and-policies/ By making payment, you agree to terms and c onditions and certify that all c ustomer and order information is c orrec t. Before making payment please advise Blue Skies Drone Rental if revisions are nec essary. Payment can be made at any time via c redit c ard or wire transfer. Quote is valid for 7 days from date of receipt and are subjec t to change outside of the 7 day window unless otherwise noted.
This quote contains Blue Skies Drone Rental (BSDR) confidential pricing and information. Sharing outside your organization is not authorized
Subto tal $48,135.00
Shipping $0.00
To tal $48,135.00
209 S Tow er A v e
Centralia, WA 98531
United States
co [email protected] m
844-474-8833
THANK YOU FOR YOUR BUSINESS!
www.blueski e sdroneshop.com
www.blueskie sdronerental.com
We al so offer the following as part of your purchase. We are a full service out t not just a retai ler.
F ree rmware upgrades*
Free Setup Service**
Free Training****
Free w arranty serv ice***
10% off repair labo r*
5% o ff parts*
20% off rental fee*
*make and model purchased only. Purchased equipment must be dropped off to BSDR location or shipped at customer expense **Free setup includes charging of batteries, initial firmware upgrades, & testing. Must be requested in writing and customer must provide valid username and password for equipment activation ***We will always help facilitate warranty return for our customers. As a direct DJI dealer we have an ongoing relationship that makes this process easier. If not warrantied by manufacturer then standard repair costs apply
****Up to 1 hr (Customer travels to BSDR location at customer expense. To include safety, general operation, take-off / landing and basic app settings. Up to 3 people). Advanced training for additional charge available upon request.
All warranties on DJI Products are 1 year except for the batteries which are only 6 months. See DJI product after sale information here: https://www.dji.com/service/policy
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR
MIKE KITCHEN, FLEET CONSULTANT
SUBJECT: CONSIDER APPROVAL OF THE PURCHASE OF CCTV SEWER TRUCK
RECOMMENDED ACTION:
It is recommended that the City Council approve the purchase of a new 2023 Ford E -450 with a sixteen-foot (16-ft) CCTV box van truck from Haaker Equipment Company in the amount of $424,931.92; and authorize the City Manager to finalize the purchase of the vehicle.
GOAL STATEMENT
The proposed action supports the ongoing long -term City-wide fleet replacement and modernization program.
BACKGROUND
In the 2022/2023 budget, the City Council approved funds for the purchase of a new CCTV Sewer Camera Truck.
The Public Works Sewer Division currently has a 1990 CCTV Sewer Camera Truck in operation. The Sewer Camera Truck is used as part of a preventive maintenance program used to inspect the internal condition of the sewer pipes (checking for cracked or collapsed pipe), tree roots or foreign objects i.e., rocks and grease, and is used as part of the state mandated sewer inspection program. The sewer camera truck is a vital part in the Sewer Division program in helping to prevent sewer lines back-ups and causing uncontrolled release of raw sewage onto the City’s streets.
ISSUES AND ANALYSIS
With the approval of the 2022/2023 budget, the Public Works Fleet Maintenance Division requested an updated bid quote from Haaker Equipment Company, who was awarded a Sourcewell contract (number 120721 -EVS) for the purchase of a new 2023 Ford E-450 with a sixteen-foot (16-ft) CCTV box van truck.
Sourcewell, formerly known as the National Joints Powers Alliance (NJPA), is a Self -Sustaining government organization with over forty (40) years of dedicated service helping government, education, and nonprofit organizations operate efficiently by providing Contract purchasing solutions through Cooperative Purchasing .
Cooperative purchasing is “procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments. This arrangement allows multiple agencies to combine their buying req uirements into a single contract and aggregate volume to enhance their purchasing power. Participants can negotiate lower prices, reduce their time spent in procurement and contracting, and benefit from more favorable term and conditions.
Participation in Sourcewell is available at no-cost, no obligation, and no liability to public agencies, school districts, state colleges, universities, and local governments. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services. Sourcewell saves purchasers money by offering better pricing, less time is spent reviewing bids, and combining the purchasing power of more than 50,000 organizations. The City of Upland is a Sourcewell member, and this procurement process meets the State of California’s Cooperative Purchasing Code 6500 and 6502; as well as Upland Municipal Code Section 2.48.080 allowing the City to dispense with the bidding procedures when the purchases are beneficial to the interests of the City and from suppliers whom have been awarded a contract resulting from a formal competitive bidding process by another governmental agency.
ENVIRONMENTAL DETERMINATION
The purchase of a vehicle for maintenance is not considered a project under the California Environmental Quality Act (CEQA) and is Exempt from CEQA.
FISCAL IMPACTS
The FY22/23 operating budget includes $424,931.92 in account 645-6402-5531 for the purchase of the new 2023 Ford E-450 with a sixteen-foot (16-ft) CCTV box van truck. No additional appropriations are necessary.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT DALQUEST, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONSIDER A LEASE AGREEMENT WITH TESLA, INC. ON CITY-OWNED PROPERTY LOCATED AT 1370 N. BENSON AVENUE, AND DETERMINE THAT THE LEASE IS
EXEMPT FROM CEQA
RECOMMENDED ACTION:
It is recommended that the City Council approve the Lease Agreement between the City of Upland and Tesla, Inc., on
2.01 acres of vacant City-owned property located at the Public Works Department’s Yard, 1370 N. Benson Avenue (Portion of APN: 1006-401-13), and determining that the Lease Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), 15304 and 15 311, authorize the City Manager to execute the Lease Agreement, and direct staff to file a Notice of Exemption pursuant to the California Environmental Quality Act.
GOAL STATEMENT
The proposed action supports the City’s goal to enhance local government funding and protect its assets.
BACKGROUND
Tesla, Inc (“Tesla”) leases the old CNC Motors Property at 1018 E. 20 th Street and operates a new Tesla dealership and repair facility. On November 14, 2022, the City Council approved a Lease Agreement with Tesla to use a 35,000 square foot area within a City-owned reservoir site on the northwest corner of 15th Street and 6th Avenue to park/store up to 100 new vehicles.
Subsequently, staff from the Upland Tesla Facility approached the City and indicated they’re in need of a large off- site lot to increase their capacity to temporarily park/store an additional 300 new vehicles. A 1.3 -acre vacant site east of the Upland Facility was until recently under construction for a permanent vehicle lot and is now nearing completion.
However, the Upland Facility is not receiving a maximum delivery of vehicles each week from the Tesla manufacturer because of the overall lack of storage capacity, even with the 15 th Street Reservoir leased area and the 1.3-acre site next door.
The Upland Facility’s lack of storage capacity has a direct correlation to the actual number of vehicles that the manufacturer will deliver to their facilities. The vehicles that the Upland facility could be receiving if not for the lack of storage capacity are now going to Tesla’s Riverside and Burbank facilities, who are getting the point-of-sale revenue that would have gone to Upland. This is the reason the 15th Street Reservoir site is not at capacity. The number of vehicles being delivered to the Upland Facility are well below their capacity to process. As a result, in the 2 nd Quarter of 2023, the Upland Facility was down 40% as compared to the 1st Quarter 2023, which was due to the lack of vehicles delivered from the manufacturer.
ISSUES AND ANALYSIS
The proposed Lease Agreement is for 2.01 acres within the City’s Public Work’s Department Yard with a dimension of approximately 250 feet by 365 feet. About four years ago, the subject site was leased by Mountain View Chevrolet to store their vehicle inventory. The Lease Area would be setback approximately 32 feet from single family homes to the east. The Upland Police Department’s impound yard is located to the south and City-owned vacant land is located to the north under the approach path by planes landing at Cable Airport. The subject site is zoned Open Space District which allows surface parking as a permitted use. The zoning designations of adjacent property are Public District to the south and west, Open Space District to the north and RS-7.5 (Residential Single-Family-Medium) to the east.
Attachment 1 provides an aerial of the site and the Lease Area.
As indicated above, the site is near the flight path for planes landing at Cable Airport. The site is located within the B-1 and B-2 Compatibility Zones of the Cable Airport Land Use Compatibility Plan (CALUCP). The compatibility zones are the primary basis for determining whether a proposed land use will be compatible with Cable Airport operations (See Map 3A). Surface parking is considered a “normally compatible” land use in the compatibility zones, pursuant to Table 3A which provides basic compatibility criteria by land use. The proposed Lease Agreement is considered a minor land use action, pursuant to Section 2.5.2, which pr ovides that the normal review process for a consistency determination with the CALUCP is not required.
Under the terms of the Lease Agreement (See Attachment 2), Tesla will lease 2.01 acres within the subject site for $27,000 a month. The Lease Area will enable Tesla to park/store up to 300 new vehicles. The term in the Lease Agreement is three (3) years with an option for two, 1-year extensions if Tesla needs the additional time. The Lease Agreement provides Tesla with access and the right to use the lease area from 7:00am to 6:00pm, Monday through Sunday, including holidays. Vehicles will access the Leased Area from Benson Avenue and from Fairwood Way via Greenbelt Park/15th Street. Vehicle-hauling trucks delivering new vehicles will only be allowed ingress/egress from the Benson Avenue entrance into the City Yard. The vehicles will be shuttled individually to and from the site by Tesla employees.
Other notable provisions in the Lease Agreement include:
Tesla will prepare the site and extend Fairwood Way to the northside of the Lease Area, install an entrance gate on the northside, grading and placement of a 4” gravel base.
The City is not responsible for providing security measures and Tesla has sole responsibility for enacting security measures it deems appropriate for the premises. This may include night vision cameras.
Tesla will not install lights and generators on the property and will disarm car alarms on all stored cars while they are stored on the Property.
Tesla will assume all risk of damage to its personal property and incidental equipment and waives all claims, except for claims caused by gross negligence or willful misconduct of City or its authorized representatives.
The Lease and all provisions within it are for the exclusive benefit of Tesla and not for the benefit of any other party.
Tesla is required to keep the premises in good condition and repair and restore the premises to a condition commensurate with the condition of the rest of the property.
Tesla agrees to indemnify, hold harmless and defend the City from all losses and liabilities, including court costs, and reasonable attorney’s fees against all third -party claims, damages, expenses, liabilities, and judgments on account of injury to persons, loss of life, or damages to property occurring on the Lease premises.
During the term of the Lease, Tesla is required to maintain liability insurance, worker’s compensation insurance and commercial automobile insurance at the levels required by the City.
Lastly, the City Attorne y has reviewed the Lease Agreements and is recommending approval as to form and content.
ENVIRONMENTAL DETERMINATION
The Lease Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), which states that CEQA does not apply where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project only concerns the temporary use of the site for parking/storage of up to 300 new Tesla vehicles on a lease area of 2.01 acres within the Public Works Department’s Yard. The project also includes minor grading of the Lease Area by Tesla and installation of a 4-inch gravel base.
The Lease Agreement is also exempt under Section 15304 of the CEQA Guidelines which exempts minor alterations to land which include grading on land with a slope less than ten percent (10%) and not in a waterway, wetlands, federal, state, or local scenic area or within an earthquake fault zone. Further, the Lease Agreement is exempt under
Section 15311 of the CEQA Guidelines (Accessory Structures), which exempts the construction, or replacement, of minor structures accessory to (appurtenant to) institutional facilities which includes a small parking lot.
Lastly, none of the exceptions provided in Section 15300.2 of the CEQA Guidelines to the Class 4 and Class 11 exemptions apply, as the project would not impact an environmental resource of hazardous or crit ical concern. There are no cumulative impacts, as the temporary parking/storage of vehicles on the 2.01 -acre site would not be developed in the same place over time. There are no unusual circumstances surrounding the project site and the project would not damage resources within a state scenic highway, is not located on a hazardous waste site, and would not impact the significance of a historical resource as the site is currently vacant land within an urbanized area on City -owned vacant property zoned for future use as a sports park.
FISCAL IMPACTS
This is a revenue generating Lease Agreement for the City’s General Fund. The Lease Agreement will provide $27,000 per month revenue and will not require any City resources to maintain. The revenue is not restricted and can be used for any General Fund expenditures.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Determine to be Exempt
Tesla Lease Area
32 ft. Setback
Access
Access from 15th Street &
Fairwood Way for Vehicles
1 PARKING LEASE
This Parking Lease (“Lease”) is made by and between City of Upland, a Municipality whose address is 460 N. Euclid Ave. Upland CA 91786 (“Landlord”) and Tesla, Inc., a Delaware corporation, whose address is 1 Tesla Road, Austin, TX, 78725 Legal/Lease Administration (“Tenant”) as of the date this Lease is fully executed by the parties as of the date last set forth below (“Effective Date”). Tenant and Landlord are each referred to herein as a “Party” and collectively as the “Parties.”
A. Property. The property is located east of 1370 N. Benson Avenue (Public Works Department) – within a portion of APN 1006-401-13 (the “Property”).
B. Premises. 2.01 acres shown on Exhibit A, which includes Three-Hundred (300) full-size parking spaces within the parking area at the Property as more particularly set forth on Exhibit A attached hereto and made a part hereof (such designated area, the “Premises”).
C. Commencement Date. The date that Landlord has delivered possession of the Premises to Tenant, which date is anticipated to be May 23, 2023, or such later date as mutually agreed by Landlord and Tenant (the “Outside Delivery Date”). If Landlord does not deliver possession of the Premises on or before the Outside Delivery Date, Tenant shall have the right to terminate this Lease by providing written notice thereof to Landlord, in which event this Lease shall terminate and be of no further force or effect except for those provision hereof which expressly survive the termination of this Lease.
D. Expiration Date. That date which is thirty-six (36) full calendar months from and after the Commencement Date (the “Expiration Date”).
E. Rent. The sum of Twenty-Seven Thousand Dollars and 00/100 ($27,000.00) per month. If Tenant remains in possession of the Premises after the Expiration Date, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on thirty (30) days prior written notice given at any time by either Party.
All provisions of this Lease shall apply to the month-to-month tenancy, provided that beginning on the first anniversary of the Commencement Date, and each year of the Term thereafter, Rent shall increase annually at the end of each 12-month period by any increase in the Consumer Price Index as determined by the U. S.
Bureau of Labor Statistics for all Urban Consumers for the Riverside/San Bernardino/Ontario Metropolitan Area over the previous year. Should the CPI be discontinued, the index used for comparison shall be a comparable index as designated by the Bureau. It is recognized by both Parties that the Index for any month is not published for approximately two months. Tesla shall, therefore, continue to pay the current rental paid by Tesla until such time as the new rental is calculated and, at that time, Tesla shall pay within ten (10) days of notice of the new Rent the new amount plus arrearages. In no event shall Rent ever decrease
2 below the prior year’s Rent even if the CPI is negative. In such event, the Rent shall remain the same.
1. Property. Landlord, the owner of the Property, leases to Tenant and Tenant leases from Landlord the Premises. The Premises specifically excludes any improvements located on the Property.
2. Term. The term of this Lease shall commence on the Commencement Date and shall terminate on the Expiration Date (the “Term”). Tenant shall have two (2) options to renew the Term (“Renewal Options”) for an additional full one (1) year each. The option for each Renewal Term shall be exercised by Tenant giving notice of exercise of the Renewal Option (“Renewal Option Notice”) to Landlord at least three (3) months before the expiration of the Initial Term or the then Renewal Term. Either Party shall have the right to terminate this Lease at any point during the Term with thirty (30) days’ advance written notice to the other.
3. Rent. Tenant shall pay Landlord the Rent as rent for the Premises. Any partial month of Rent will be prorated. Except for the first payment of Rent, which shall be paid within Ten (10) business days from the Effective Date, all Rent shall be due on the first (1st) business day of the month and shall be paid by electronic payment or wire transfer to the order of Landlord in accordance with the bank details provided by Landlord. Landlord acknowledges and agrees that Landlord (or any Landlord’s successor) must create an account in Tenant’s vendor portal, including completing vendor portal forms and uploading documents such as a W9, a bank document (bank issued letter on bank letterhead, bank statement, or a screenshot of bank statement) and a NDA form signed by Landlord, to the extent permitted by law, in order for Tenant to process payment to Landlord. In the event any installment of Rent is not received or postmarked on or before the seventh (7th) day of the month in which it is due after written notice from Landlord, a late payment penalty of Fifty Dollars and NO/100 ($50) shall be assessed and such amount shall be due and payable to Landlord with the next installment of Rent coming due under this Lease. In the event of a Chronic Delinquency (as hereinafter defined), at Landlord’s sole option, Landlord shall have the right, in addition to all other remedies under this Lease and at law, to require that Rent be paid by Tenant quarterly, in advance. This provision shall not limit in any way nor be construed as a waiver of the rights and remedies of Landlord provided herein or by law in the event of delinquency. “Chronic Delinquency” shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease as and when due on four (4) or more occasions during the Term.
4. Permitted Use. Tenant may exclusively use the Premises solely as a parking lot and any other purpose or purposes incidental thereto including at Tenant’s reasonable discretion, parking and/or storage of cars, trucks or motorcycles and/or for the storage of Tenant’s materials or equipment (“Incidental Equipment.”) Without limiting the foregoing in this Section 4, Tenant shall not use, or permit the Premises, or any part thereof to be used, for any purpose other than the purpose for which the Premises are hereby leased. Tenant shall not sell or permit to be kept, used, or sold, in or about the Premises, any article that may be prohibited by the standard form of fire insurance policies. Landlord acknowledges that Tenant’s uses are not prohibited by the standard form of fire policies. Tenant shall not
3 commit, or suffer to be committed, any material waste on the Premises, or any material public or private nuisance, or other act or thing that may injure, annoy, or disturb the quiet enjoyment of any occupant of neighboring properties; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, unlawful, or objectionable purpose. Tenant shall not allow motor vehicles to be repaired, serviced, or fueled on the Premises. Tenant shall not place any Hazardous Materials in violation of any applicable laws in the drainage system of the Premises. All use of the Premises by Tenant shall comply with applicable codes, laws, and ordinances. Tenant shall not install any physical improvements to the Property without the prior written consent of Landlord.
Tenant shall have the right in its reasonable discretion, without Landlord’s consent, to maximize exterior parking stalls located on the Premises subject to applicable codes.
Tenant shall not in any event install lights and generators on the Property and Tenant shall disarm car alarms on all stored cars while they are stored on the Property.
5. Security Deposit. (Intentionally Deleted)
6. Access to Premises. Notwithstanding Tenant’s ability to use the Property at all times for purposes set forth in Section 4, Tenant’s access to the Property shall be limited to between 7:00 a.m. and 6:00 p.m. Monday – Sunday, including holidays. Access to and from the Premises shall be from Fairwood Way, via 15th Street for vehicles only, and from Benson Avenue for Truck Haulers and vehicles.
7. Compliance with Legal Requirements. Landlord shall at Landlord’s sole cost and expense comply with all applicable laws, rules or regulations of any governmental entity relating to the Property or any improvements to the Property. Landlord represents and warrants to Tenant that, as of the date hereof: (i) it is the owner of the Property and has the right to enter into this Lease; (ii) it has obtained any and all required consents and authorizations related to this Lease (including under any superior lease and/or mortgage); (iii) Land lord has received no written notice indicating that (a) the Property is not in compliance with any applicable laws, ordinances, codes, rules, regulations and requirements (collectively, “Legal Requirements”), and/or (b) there are any zoning or title restrictions that in any way prohibit or limit the use of the Premises by Tenant for its intended use hereunder. Tenant shall at Tenant’s sole cost and expense comply with all Legal Requirements relating to the Premises or any improvements to the Premises, including but not limited to, OSHA; CalOSHA; all provisions of the Americans With Disabilities Act (the “ADA”); the requirements of any federal or state labor board or commission; any direction or occupancy certificate issued by public officers; workers' and unemployment compensation laws; equal employment opportunity laws; and tax withholding laws, insofar as they actually relate to the condition, use, or occupancy of the Premises or the operation of the Premises. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party or not, that Tenant has violated any Legal Requirement in the condition, use, or occupancy of the Premises, shall be conclusive of that fact as between Landlord and Tenant.
8. Construction and Alterations. Solely at its cost and expense, Tenant shall promptly and diligently perform certain work to the Premises to initially prepare the Premises for the
4 Permitted Use, including, without limitation, extending Fairwood Way to the northside of the Premises, installing an entrance gate, grading and placement of a 4” gravel base (“Initial Site Preparation”) in accordance with all Applicable Laws (as such term is defined herein below). Notwithstanding anything to the contrary contained herein, if the Initial Site Preparation is not performed in accordance with the provisions of this paragraph above on or prior to June 30, 2023, Landlord shall have the right to terminate this Lease by providing written notice thereof to Tenant, in which event this Lease shall terminate and be of no further force or effect except for those provision hereof which expressly survive the termination of this Lease.
9. Utilities. Tenant agrees to arrange for and pay the charges for all Tenant-related utility services provided or used in or at the Premises during the Term, including connection fees, upgrades, switchgear or any other required infrastructure. Tenant shall pay directly to the utility company the cost of installation of any and all such Tenant-related utility services and shall arrange to have the utility service separately metered. Landlord shall not be responsible for any damages suffered by Tenant in connection with the quality, quantity or interruption of utility service, unless the cause of the disruption or damage was the Landlord’s gross negligence or intentional misconduct.
10. Maintenance. Tenant shall be responsible for maintaining the Premises (including repair and replacement of any Incidental Equipment, as necessary) at its sole cost. Tenant shall keep the Premises in good condition and repair. Landlord shall have no liability for damage to Tenant’s Incidental Equipment, if any, unless caused by Landlord’s negligence or intentional misconduct.
11. Removal. Tenant shall, at its sole cost, remove any Incidental Equipment promptly, and in no event longer than forty-five (45) days after Lease expiration or earlier termination of this Lease, and restore the Premises to a similar condition as of the Commencement Date, subject to reasonable wear and tear.
12. Indemnification by Tenant. Unless caused by Landlord’s gross negligence or willful misconduct, Tenant shall indemnify and defend Landlord and hold Landlord harmless from all losses and liabilities, including court costs and reasonable attorneys’ fees, on account of or arising out of or alleged to have arisen out of any third party claim directly related to (1) any breach or nonperformance by Tenant of any representation, warranty, covenant or obligation of Tenant contained in this Lease; (2) any bodily injury, death and/or damage to property occurring in or resulting from the use of the Premises and/or Incidental Equipment by Tenant or Tenant’s respective agents, employees or contractors (collectively, the “Tenant Parties”); (3) any bodily injury, death and/or damage to property that is incident to, arises out of, or caused by Tenant’s operations in the Premises; and (4) any act or omission of Tenant or any Tenant Parties. As used in this Section 12, the term “Landlord” shall include Landlord and its officers, directors, partners, members, managers, employees, property managers, agents and attorneys. To the extent such claim arises during the Term, the obligations of this Section 12 shall survive the expiration or earlier termination of this Lease.
13. Indemnification by Landlord. (Intentionally deleted.)
5 14. Insurance. Tenant hereby covenants and agrees that, prior to any entry on the Premises, and in any event, on or before the Commencement Date, and until expiration or termination of the Term, Tenant will maintain or self-insure, at its sole cost:
A. Commercial General Liability Insurance. Commercial general liability insurance, for bodily injury, or property damage in or about the Premises or in compliance with Section F below maintain the equivalent level of self- insurance with a combined liability limit of One Million Dollars ($1,000,000.00) per occurrence, with a general aggregate of Three Million Dollars ($3,000,000.00), and which insurance shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations as set forth in Section.
Landlord, and if requested in writing by Landlord) Landlord’s Lender and Landlord’s management company shall be included as an additional insured on the policy in respect to liabilities assumed by Tenant under this Lease.
B. Workers’ Compensation. Tenant will maintain worker’s compensation insurance in accordance with state law. This requirement may be waived if Tenant is a qualified self-insured in the state where the Premises are located or work is performed.
C. Business Automobile Liability Insurance. Tenant shall during the Term, at its sole cost and expense, procure and maintain or self-insure for business automobile liability insurance in the amounts required by legal requirements with respect to vehicles of Tenant in or about the Premises.
D. Form of Policies and Additional Requirements. The insurance requirements set forth above are independent of Tenant’s waiver, indemnification, and other obligations under this Lease and shall not be construed or interpreted in any way to restrict, limit or modify Tenant’s waiver, indemnification and other obligations or to in any way limit Tenant’s liability under this Lease.
In addition to the requirements above, the insurance shall be maintained with insurance carriers authorized to write policies in California with a Best Insurance Reports rating of “A-“ or better or through a formal self-insurance mechanism that has either (a) a Best Insurance Reports rating of “A-“ or better; or (b) a financial size category of “VI” or higher, provided, that if such self-insurance program does not meet either (a) or (b), then Tenant’s use of self-insurance for the coverages herein shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned, or delayed. .
Without limiting in any way, and subject to, Paragraph F below, upon the execution of this Agreement and upon reasonable request by Landlord, Tenant shall deliver to Landlord a certificate evidencing all policies procured by Tenant in compliance with Tenant’s obligations under this Lease. Tenant or its insurance company, if applicable, shall provide Landlord with thirty (30) days' prior written notice if any coverage hereunder will be canceled (or 10 days' notice with respect to cancellation due to non-payment of premiums).
6 E. Waiver of Subrogation. Notwithstanding anything in this Agreement to the contrary, each party agrees to waive and shall cause their respective property insurance carriers (to the extent there is a third party insurer) to waive any right of subrogation against the other and such party’s indemnitees in connection with any loss or damage to the Property or the Premises as applicable and any contents thereof. If one party prohibits waiver of subrogation, then each party's waiver shall become null and void as each waiver is given in consideration for the other.
F. Self-Insurance. So long as Tenant continues to be the tenant, or an Affiliate of the Tenant or the then Tenant hereunder, and has a tangible net worth equal to or greater than $100,000,000, as reasonably determined using sound accounting principles, Tenant may self-insure (self-assume for property) for the insurance required under this Lease. Tenant’s obligations and liabilities shall be the same as those that would otherwise exist if Tenant had purchased and maintained the policy or policies of insurance that are otherwise required under the terms of this Agreement.
G. Landlord’s Property Insurance. Landlord shall maintain insurance on the Property and other real property improvements related to the Property covering such property on an “All Risk” basis to the extent of one hundred percent (100%) of full replacement value.
H. Landlord’s Commercial General Liability Insurance. Landlord, at its sole cost, shall maintain Commercial General Liability Insurance with a limit of liability in the amount of One Million Dollars ($1,000,000) per occurrence or per claim and Three Million Dollars ($3,000,000) in aggregate. These limits can be met through a combination of primary and excess policies of insurance. Tenant shall be included as an additional insured, in respect to liabilities assumed by Landlord under this Lease.
15. Security. Tenant hereby acknowledges that Landlord is not responsible for providing security for the benefit of Tenant and that Tenant has sole responsibility for enacting any and all security measures that Tenant shall deem appropriate for the Premises, at Tenant’s discretion. Tenant shall not be liable for or required to implement any security matters related to any areas outside of the Premises.
16. Casualty; Condemnation. Tenant may immediately terminate this Lease upon 14 days’ written notice if any portion of the Premises is taken for any public or quasi-public use or if the Property is damaged to the extent that Tenant is prevented from accessing the Premises or is prevented from using more than twenty five percent (25%) of the Premises.
If at any time during the Lease, the Property is destroyed in whole or in part, not in excess of twenty five percent (25%), by a casualty, not the fault of Landlord, Tenant, at its own cost and expense, shall repair and restore the damage and all proceeds from the insurance required to be maintained by Tenant shall be made available to Tenant in connection with such repair and restoration. Tenant’s obligation for restoration described in this Section shall exist whether or not funds are available from insurance proceeds or are self-insured
7 by Tenant. Rent shall be appropriately abated and prorated during any period of partial destruction or taking.
17. Limitation on Liability. Notwithstanding anything herein to the contrary, the liability of Landlord under this Lease shall be limited and, accordingly, Tenant’s sole source of satisfaction of such liability shall be limited to Landlord’s interest in the Property, including rents and proceeds and any insurance proceeds, and Tenant shall not seek to obtain payment from Landlord or any person comprising Landlord or from any ass ets of Landlord other than those assets described herein. The limitation of this Section 17 shall not apply to or limit any injunctive or other equitable, declaratory or other forms of relief to which Tenant may be entitled (notwithstanding that such actions are in personam in nature). Notwithstanding anything to the contrary set forth herein, neither Party shall be liable to the other Party for any consequential, indirect or punitive damages, including, without limitation, loss of rent or loss of profit.
18. Default. Each of the following shall constitute an “Event of Default” under this Lease:
A. Breach. The failure by Tenant to (i) make any payment of rent or any other payment required to be made hereunder within, five (5) business days after written notice from the other Party that the same is due; or the failure of either Party to (ii) perform or observe any material term or condition of this Agreement and such failure continues for a period of thirty (30) days after receipt of written notice thereof from the other Party, provided, however, that if the nature of such default is such that it cannot reasonably be cured within such thirty (30) day period and the defaulting Party commences to cure within the thirty (30) day period and proceeds with diligence and continuity, then such Party shall have additional time to cure as is reasonably required.
B. Bankruptcy. Insolvency: The appointment of a receiver or trustee to take possession of all or substantially all of the assets of Tenant located at the Premises if possession is not restored to Tenant within sixty (60) days; or a general assignment by Tenant for the benefit of creditors; or any action or proceeding is commenced by or against Tenant under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors and, in the case of actions filed against Tenant, is not discharged within sixty (60) days.
19. Remedies. Landlord and Tenant acknowledge and agree that each Party shall have all remedies available at law or in equity if an Event of Default by the other Party has occurred and is continuing. In addition, if an Event of Default by Tenant has occurred and is continuing, then Landlord, may: (a) continue this Agreement in effect by not terminating Tenant’s right to possession of said Premises and thereby be entitled to enforce all Landlord’s rights and remedies under this Agreement; or (b) bring an action to recover and regain possession of said Premises in the manner provided by the laws of eviction of the state where the Premises are located then in effect.
8 In addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the option to terminate this Lease, provided that Landlord shall send Tenant a 2nd written notice prior to terminating this Lease and if Tenant fails to commence to cure the Event of Default within fifteen (15) days of the 2nd written notice, then Landlord may terminate this Agreement. In the event that Landlord shall elect to so terminate this Lease, pursuant to Section 1951.2 of the California Civil Code, then Landlord may recover from Tenant: (i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the Primary Term (or the balance of an Extension Term) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by a Tenant’s Default which in the ordinary course of things, would be likely to result therefrom. As used in this Section 19, the “worth at the time of award” is computed by allowing interest at the Interest Rate (defined below). As used in this Section 19, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Landlord shall also have the remedy described in California Civil Code Section 1951.4 (Landlord may continue lease in effect after lessee’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublease or assign, subject only to reasonable limitations). In the event of a Tenant Default, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the right to continue this Lease in full force and effect, whether or not Tenant shall have abandoned the Premises. In the event Landlord elects to continue this Lease in full force and effect pursuant to this Section, then Landlord shall be entitled to enforce all of its rights and remedies under this Lease, including the right to recover rent as it becomes due.
All rights, options and remedies of Landlord contained in this Section and elsewhere in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Landlord shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law or in equity, whether or not stated in this Lease. Nothing in this Section shall be deemed to limit or otherwise affect Tenant’s indemnification of Landlord pursuant to any provision of this Lease.
20. Exclusions. Tenant has disclosed that it will assume the risk of damage to its personal property and trade fixtures, and Landlord acknowledges and accepts such assumption.
Tenant, as a material part of the consideration to Landlord and as part of its obligations hereunder, assumes all risk of damage to any Incidental Equipment, and Tenant expressly releases Landlord and waives all claims in respect thereof against Landlord, except for such claims that are caused by the negligence or willful misconduct of Landlord an d its authorized representatives or as otherwise provided for herein. Notwithstanding anything herein to the contrary, each Party expressly releases the other from any claims for,
9 speculative, indirect, consequential or punitive damages, including any lost sales or profits of the other Party.
21. Notices. All notices required by or related to this Lease shall be in writing and shall be sent to the Parties at the email addresses indicated below. Notices shall be deemed delivered upon receipt of the email by recipient.
To Landlord:
Name: City Manager
Address: 460 N. Euclid Ave
Upland, CA 91786
Attn:
Email: [email protected]
Phone: 909-931-4100
To Tenant:
[email protected]
Tesla, Inc.
901 Page Ave.
Fremont, CA 94538
[email protected],
TRT #404204
22. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State in which the Property is located.
23. Limitation on Liability. Notwithstanding anything to the contrary set forth herein, neither Party shall be liable to the other Party for any consequential, indirect or punitive damages, and Landlord shall not be responsible to Tenant for loss of rent or loss of profit.
24. Signage. Subject to applicable laws, Tenant may erect signs on the Premises, subject to Landlord’s written consent, not to be unreasonably withheld, delayed or conditioned.
25. Brokers. Each Party represents to the other Party that it has not dealt with any broker and each Party hereby agrees to indemnify and hold the other Party harmless from all losses and liabilities, including court costs and reasonable attorneys’ fees, arising out of any claims for commissions or fees related to any broker, finder or similar person with whom the indemnifying Party has dealt, or purportedly has dealt, in connection with this Agreement.
26. Prevailing Wages. To the extent the Infrastructure or Incidental Equipment installed by Tenant may be considered a "public work," as defined in Labor Code§ 1720, et. seq., Tenant shall comply with the state prevailing wage law, California Labor Code §§ 1720 et seq. and 8 CCR§ 16000 et seq. for any "public work" (as that term is defined in the statutes) performed pursuant to this Agreement. For purposes of compliance with prevailing wage law, Tenant shall comply with provisions applicable to an awarding body. Compliance with state prevailing wage law includes, without limitation, payment of at least prevailing rates as determined by the Director of Industrial Relations, overtime and working hour requirements, apprenticeship obligations, payroll record-keeping requirements, and other obligations as required by law.
27. Taxes. Tenant understands and acknowledges that the Landlord’s grant of non-exclusive use may be subject to property taxation and that Tenant may be subject to the payment of possessory interest tax levied on the grant of non-exclusive use pursuant to California Revenue and Taxation Code Section 107.6. Tenant shall pay without abatement, deduction,
10 or offset any possessory interest taxes levied on or assessed against the Premises and the Incidental Equipment which are directly and solely attributable to Tenant’s use of the Premises, whether belonging, owned or chargeable against the City. Tenant shall make all such payments directly to the charging authority prior to delinquency and before any fine, interest, or penalty becomes due or is imposed for Tenant's non-payment. Notwithstanding the foregoing, Tenant shall, at its sole cost and expense, have the right to challenge the assessment. Tenant shall provide Landlord with proof of payment of such tax.
28. Public Records Act. Tenant acknowledges Landlord is subject to the California Public Records Act (Gov. Code, Section 6250, et. seq.). If Landlord receives a request for records related to information obtained from Tenant pursuant to this Lease, Landlord, to the extent permissible under applicable law, agrees to provide Tenant with written notice of such request within seventy-two (72) hours of its receipt of the records request. Tenant shall then have the time period specified in Landlord’s notice to determine whether it considers any of the information confidential proprietary information and whether it will take legal action to prevent disclosure of the requested information. Tenant acknowledges a request for records under the California Public Records Act will require prompt response from Tenant given Landlord’s obligation to respond to such request within ten (10) days of its receipt of such request for records. Absent a timely response, Landlord shall release all of the requested records. Landlord shall have no monetary liability whatsoever to Tenant for release of information pursuant to a request under the California Public Records Act or any subpoena; nor shall Landlord be obligated to defend against any challenge related to a California Public Records Act request or a subpoena for records that Tenant asserts are confidential. Tenant further agrees to indemnify, hold Landlord harmless from and against any and all claims, causes of action, damages, and judgments, as well as reasonable attorney fees and actual costs, resulting from a challenge related to a records request or subpoena for records that Tenant asserts are confidential. Tenant’s indemnity obligations under this Section 28 shall survive the Termination Date.
29. Environmental Matters.
A. Tenant shall comply at all times during the Term with all applicable Environmental Laws relating to Hazardous Materials on the Premises.
Tenant shall not bring and shall use commercially reasonable efforts to prevent any of the Tenant Parties from bringing any Hazardous Materials onto the Property in violation of Applicable Laws other than those used customarily in Tenant’s business operations and in all events in the quantities and in the manner prescribed by applicable Environmental Laws.
Tenant agrees that it will indemnify and hold Landlord harmless for any and all costs, liabilities, investigations, damages and expenses, including any remediation costs or cleanup or corrective action expenses, associated with environmental contamination to the extent introduced by Tenant Parties.
Tenant agrees that it is responsible for remediating environmental contamination to the extent introduced by Tenant Parties and required by the applicable government entity, but only to the extent required by Environmental Law.
11 B. Landlord Termination Option. If a Hazardous Materials violation occurs during the Term and is caused by a third party, Landlord may, at Landlord's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds fifty thousand dollars ($50,000), give written notice to Tenant of the estimate of the cost of remediation (the “Remediation Notice”) and Landlord’s willingness to proceed with remediation on a 50/50 sharing basis with Tenant for all costs to remediate, provided however, if Tenant does not elect to contribute to the costs of remediation within thirty (30) days receipt of the Remediation Notice, as described above, Landlord or Tenant shall each have the right to terminate this Agreement upon sixty (60) days following the date of the Remediation Notice. Should Tenant elect to contribute to the remediation costs, Tenant shall provide Landlord with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. Upon such commitment to remediate between the Parties, this Lease shall continue in full force and effect, and Landlord shall proceed to make such remediation as soon as reasonably possible after the required funds are available.
C. Definitions. The following definitions shall be used in this Section 29. “Environmental Law” means any federal, state or local law pertaining to land use, air, soil, surface water, groundwater (including the protection, cleanup, removal, remediation, or damage thereof), public or employee health or safety or any other environmental matter, including, but not limited to, the following: (a) Clean Air Act (42 U.S.C. § 7401, et seq.); (b) Clean Water Act (33 U.S.C. § 1252, et seq.); (c) Resource Conservation and Recovery Act (42 U S.C. § 6901, et seq.); (d) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601, et seq.); (e) Safe Drinking Water Act (42 U.S.C. § 300f, et seq.); (f) Toxic Substances Control Act (15 U.S.C. § 2601, et seq.); (g) Endangered Species Act (16 U.S.C. § 1531, et seq.); (h) Occupational Safety and Health Act (29 U.S.C. § 651, et seq.); (i) Emergency Planning and Community Right-To-Know Act (42 U.S.C. § 11001, et. seq.); and (j) any other applicable laws or regulations for the protection of the environment, human health or safety or regulating Hazardous Materials, or Hazardous Material Activities.
“Hazardous Materials” means (a) any petroleum, crude oil, natural gas, or any fraction, product or derivative thereof, radioactive materials, asbestos in any form that is friable; (b) any chemicals, materials, substances or wastes that are defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous
12 substances, toxic substances, pollutants, contaminants or words of similar import under any Environmental Law; and (c) any other chemical, material, substance, waste or exposure that is limited or regulated by any governmental authority having jurisdiction over the Premises.
“Hazardous Materials Activity” means the handling, transportation, transfer, recycling, storage, use, treatment, m anufacture, generation, investigation, removal, remediation, release, exposure of others to, sale or distribution of any Hazardous Material or any product containing a Hazardous Material, and any consulting, management, administrative, monitoring or testing services relating to any of the foregoing.
30. Sale or Transfer. In the event of a sale or transfer of all or a portion of Landlord’s interest in the Property or Premises while this Lease is in effect, Tenant’s rights shall be conveyed with the Property or Premises and Landlord warrants that any transferee shall be bound by all terms and conditions of this Lease, and shall obtain any necessary documents to confirm such assignment.
31. Subordination. Subject to Section 7 above, this Lease is subject to and subordinate to all ground or superior leases and to all mortgages which may now or hereafter affect such leases or the real property of which the Premises are a part and to all renewals, modifications, consolidations, replacements and extensions of any such ground or superior leases and mortgages; provided that Tenant’s rights under this Lease shall not be disturbed by such subordination so long as no Event of Default by Tenant exists. This Section 31 shall be self-operative and no further instrument of subordination or non-disturbance shall be required by any ground or superior lessor or by any mortgagee, affecting any lease or the Property.
32. Force Majeure. If either Party’s performance of its obligations under this Lease is delayed by Force Majeure, then such Party’s time of performance will be extended by a corresponding number of days, provided that Force Majeure shall not excuse timely payments when due under this Agreement. As used in this Lease, “Force Majeure” means an unforeseeable act, event, condition or requirement beyond such party’s reasonable control, including, without limitation, labor disputes, governmental restrictions, natural disasters, fire, flood, inclement weather, pandemic, disease or other outbreak of infectious disease or any other public health crisis, inclusive of quarantine, shelter order or similar restrictions on employees or travel, declaration of national, regional or local state of emergency, explosion, embargoes, war, terrorism, civil disturbance or other similar events.
Notwithstanding the forgoing, in no way shall the occurrence of a Force Majeure excuse the payment of Rent.
33. Entire Agreement. Each of Landlord and Tenant acknowledges and agrees that this Lease has been read and understood, represents the entire agreement and understanding of the Parties with respect to the subject matter herein, and supersedes all prior agreements,
13 communications, or understandings, whether oral or written, of the Parties with respect to the subject matter herein.
34. Successors and Assigns. This Lease shall be binding upon, and inure, to the benefit of, the Parties and their respective permitted successors and assigns. Tenant shall not assign this Agreement voluntarily or by operation of law, or any right hereunder, nor sublet the Premises or any part thereof, without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed; provided that the foregoing prohibition shall not limit Tenant’s ability to transfer this Agreement to tenant’s Affiliate. “Affiliate” of a Party is an entity that controls, is controlled by or is under common control with that Party, where “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, through ownership of voting securities, by contract or otherwise. Any attempted or purported assignment or delegation of any of the rights of obligations by Tenant without the prior written consent of Landlord shall be void and of no force and effect.
35. No Third-Party Beneficiary. This Agreement and every provision herein are for the exclusive benefit of Tenant and Landlord and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of Tenant’s or Landlord’s obligations under this Agreement.
36. Attorneys’ Fees. In the event of a conflict or dispute between the Parties related to this Agreement, the Parties agree to first meet to discuss in good faith a resolution to such conflict or dispute or a cure the Event of Default without the use of attorneys, whether in- house or outside counsel, in order to quickly resolve the conflict or dispute and avoid attorney fees. If the Parties are unable to amicably resolve the conflict or dispute on their own, and if a lawsuit or other action of any nature is then instituted in connection with such controversy, then it is agreed that the prevailing Party shall be entitled to reasonable and documented attorney’s fees and costs.
37. City Municipal Powers. Landlord is entering this lease in its proprietary capacity and not in its regulatory or governmental capacity. Nothing in this Lease shall be construed as restraining, impairing or restricting the City of Upland in its regulatory capacity, or granting any rights upon the Tenant with respect to the use, occupancy or operation of the Premises in a manner inconsistent with Law. This Lease does not grant any development rights upon the Tenant with respect to the Premises and any such development shall be subject to all applicable provisions of the Upland City Code.
38. Execution; Counterparts. This Lease may be executed in any number of counterparts with the same effect as if the Parties had signed the same document. In place of the transmittal of an original document, such executed counterpart may be transmitted to the other Party by portable document format (PDF) or other electronic signature and such PDF or electronic document shall have the full force and effect of an original document. All fully- executed counterparts, whether original documents, PDF, electronic documents or a combination thereof, shall be construed together and shall constitute one and the same Lease.
14 [SIGNATURE PAGE FOLLOWS]
15 IN WITNESS WHEREOF, each Party hereto has caused this Lease to be executed by its authorized representative as of the date shown below.
LANDLORD: TENANT:
City of Upland, Tesla, Inc.,
a Municipality a Delaware corporation
By: __________________________ By: _________________________________
Name: _Michael Blay_____________
Name: _______________________________
Title: __City Manager_____________
Date: _________________________
Title: ________________________________
Date: ________________________________
By: _________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
16 EXHIBIT A
The Premises
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDERATION OF AN OMNIBUS ORDINANCE AMENDING VARIOUS SECTIONS OF
THE UPLAND MUNICIPAL CODE
RECOMMENDED ACTION:
It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending various sections of the Upland Municipal Code as specified.
GOAL STATEMENT
The proposed action supports the City’s goal of ensuring that the Upland Municipal Code is consistent with State Law and compliments current City practices, regulations, and policies.
BACKGROUND
The Upland Municipal Code requires periodic updates to ensure consistency with City policies and State Law, to improve clarity, and to better serve the public.
An omnibus ordinance is the packaging of a collection of amendments relatively small in scale and having a limited scope of impact, into one "omnibus" ordinance. The City Clerk’s office coordinates this process for all departments annually.
ISSUES AND ANALYSIS
Staff has identified a number of provisions in the Upland Municipal Code (UMC) requiring review and revision. As part of this review process, the City Clerk worked with other depa rtments and divisions, and the City Attorney to review and consider the proposed changes. The following provides for the Council an overview of the proposed changes:
Updates to several Chapters of the UMC to reflect current organization structure, staff titles and duties, and current policies or procedures.
Revisions to the UMC regarding the campaign contributions of candidates to include candidates for City Treasurer.
Amending Chapter 2.48 of the Upland Municipal Code to more accurately reflect current practices for disposition of surplus equipment and supplies.
Amending Chapter 9.16 regarding prohibition of alcoholic beverages in city parks.
All proposed revisions are included in a redline attachment for ease of reference.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.
FISCAL IMPACTS
The fiscal impact is limited to the publication of the Ordinance summaries and codification of the Ordinance into the Upland Municipal Code. These costs have been included in the City Clerk ’s operating budget and no additional appropriation is necessary.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING VARIOUS SECTIONS OF
THE UPLAND MUNICIPAL CODE AS SPECIFIED
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the laws of the State or the United States; and
WHEREAS, every year, City Staff conducts an annual review of the Upland Municipal Code in order to ensure that the Upland Municipal Code remains consistent with current law, City policies, and practices; and
WHEREAS, City staff and the City Attorney have reviewed the Upland Municipal Code and have determined that certain updates to the Upland Municipal Code should be implemented; and
WHEREAS, the proposed revisions are detailed in the Staff Report and indicated in the redline document provided to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. Sections 2.03.030, 2.03.040, 2.03.050, and 2.03.060 of Chapter 2.03 of Title 2 of the Upland Municipal Code are hereby amended to read in their entirety as follows:
“2.03.030 Operative date.
The provisions of this chapter shall apply to elections for the office of mayor, city council, or city treasurer on a prospective basis as specified in law. (Ord. 1860 § 1, 2011).
2.03.040 Supplemental guidelines.
These supplemental guidelines are hereby added to and incorporated into local, state, and federal election regulations.
Mayor/councilmembers/city treasurer, candidates for the office of city council, mayor, or city treasurer, shall be subject to the limitations set out in Section
2.03.050 and shall apply to monetary and nonmonetary contributions. (Ord. 1860 § 1, 2011)
2.03.050 Contribution limitations.
A. No candidate for the office of mayor, city council, or city treasurer, or a controlled committee of such candidate shall accept any contribution which would cause the total amount contributed by a person or related
Ordinance No.
entity to the candidate or to the candidate’s controlled committee, to exceed $1,000.00 in connection with any one election.
B. No candidate for the office of mayor, city council, or city treasurer, or a controlled committee of such candidate, or person or related entity acting by or on behalf of such candidate, shall accept any contribution which would cause the total amount contributed to a candidate or to the candidate’s controlled committee to exceed $1,000.00 in any one election.
C. No candidate for the office of mayor, city council, city treasurer, or a controlled committee of such candidate shall accept any contribution which would cause the total amount contributed by a group, organization, corporation, or related entity thereof to the candidate or to the candidate’s controlled committee, to exceed $1,000.00. (Ord. 1871 § 1, 2013; Ord. 1860 § 1, 2011)
2.03.060 Contributions by candidate, spouses and children.
A. Contributions by a Candidate to the Candidate’s Campaign. There shall be no intent to limit the amount that a candidate may contribute to his or her own campaign from his or her personal funds.
B. Contributions by a spouse shall be treated as separate from the contributions (if any) of the other spouse, and shall not be aggregated.
C. Contributions by dependent children shall be treated as contributions by their parent or parents. If there is joint custody of the child, one-half of the contribution shall be attributed to each parent, and if there is a single custodial parent, the contribution shall be attributed to that parent. (Ord. 1860 § 1, 2011)”
Section 3. Sections 2.36.030, 2.36.060, 2.36.070, 2.36.100, 2.36.110,
2.36.120, 2.36.130, and 2.36.140 of Chapter 2.36 of Title 2 of the Upland Municipal Code are hereby amended to read in their entirety as follows:
“2.36.030 Human resources/risk management.
The city manager shall appoint a deputy director of human resources/risk management whose duty it shall be to act in the capacity of administrator of the personnel system. The deputy director of human resources/risk management shall:
A. Attend all meetings of the board of review;
B. Administer all provisions of this chapter and the rules established hereunder, not specifically reserved to the council, city manager or board of review;
C. Under the direction of the city manager, prepare rules and revisions and amendments thereof, for the consideration of the council. (Ord. 1962 § 4, 2022; prior code § 2350.3)
2.36.060 Adoption of rules.
Ordinance No.
In addition to such other matters as may be necessary and proper to carry out the intent and purposes of this chapter, rules shall be formulated, and adopted to govern the following phases of the personnel program:
A. The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service; B. The public announcement of vacancies and examinations and the acceptance of applications for employment;
C. The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment;
D. The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments;
E. The transfer, promotion, demotion, reclassification, and reinstatement of employees in the competitive service;
F. The separation from the service of employees through lay-off, suspension, dismissal and for incapacity to perform required duties; G. The hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training. (Prior code § 2350.6)
2.36.070 Authority of the city manager and/or designee(s) within the merit system.
The city manager and/or designee(s) having the authority to make transfers, promotions, demotions, reclassifications, reinstatements, lay-offs, salary reductions, salary adjustments, and to appoint, suspend or discharge employees, and to formulate rules shall retain such power, subject to the provisions of this chapter and the rules established hereunder, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment in order that city employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service. (Ord. 1962 § 5, 2022; prior code § 2350.7)
2.36.100 Appointments.
A. Appointments to vacant positions in the competitive service shall be made in accordance with the rules established hereunder and from employment lists resulting from competitive examination, or by promotion, transfer, demotion, reassignment, reclassification, or reinstatement.
B. If appointment is to be made from employment or promotional lists, the name of persons willing to accept appointment shall be certified by the personnel director in the order in which they appear on the lists. The number of names certified shall exceed by two the number of vacancies to be filled.
C. In the absence of appropriate employment lists, a temporary appointment may be made by the appointing power of a person meeting the minimum qualifications for the position; provided, however, that an employment list shall be established for such position within six months.
No person shall be employed by the city under temporary appointment
Ordinance No.
for a total of more than six months in any fiscal year.
D. During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or discharge of an employee, the vacancy created may be filled by the appointing power only by temporary appointment. (Prior code § 2350.10)
2.36.110 Probationary period.
A. All original and promotional appointments shall be subject to a minimum probationary period of 12 months for all management, professional, technical, miscellaneous, and sworn police personnel above the rank of police officer. All original appointments for police officers shall be subject to a minimum probationary period of 15 months during which the employee may be rejected at any time without right of appeal or hearing in any manner. At the Chief of Police’s discretion lateral police officer transfer applicants who have completed Basic Academy and have demonstrated law enforcement experience may be hired with a 12 month probationary period and may be rejected at any time without right of appeal or hearing in any manner.
B. Employees rejected during a promotional probationary period shall be reinstated to the classification from which they were promoted, provided the employee previously held permanent status in the classification, unless charges are filed and they are discharged as provided in this chapter and the rules.
C. Employees in the competitive service who are promoted or transferred to a position not included in the competitive service shall be reinstated to their former classification if within 12 months action is taken to dismiss them, unless charges are filed and they are discharged in the manner provided in this chapter and the rules established hereunder for positions in their competitive service. (Ord. 1962 § 6, 2022; prior code § 2350.11)
2.36.120 Abolition of position.
Whenever in the judgment of the council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the council may abolish any position or employment in the competitive service and discharge the employee holding such position in accordance with the rules of layoff in the competitive service. The name of such an employee so discharged shall be placed at the top of the appropriate employment list or lists, as provided by the rules. (Prior code § 2350.12)
2.36.130 Rights accorded to employees with permanent status.
A. The city manager and/or designee(s) having the power of appointment shall retain their full statutory power to reduce salary, suspend, demote, or discharge for cause subject to the manner and under the procedure established herein for permanent status employees. Cause for discharge shall include unfitness for duty, misconduct, incompetency, inefficiency, insubordination, or persistent failure to perform duties, and incapacity
Ordinance No.
to fill the position by reason of mental or physical disability; and generally any such definite cause as to the city manager and/or designee(s) shall appear reasonable and proper under the circumstances. In all cases, an employee whose status is materially changed, or who is suspended, demoted, or discharged, or has a salary reduction shall be entitled to due process up to and including appeal to the board of review and also has the right to be represented. Any change in the status of an employee, when effected under the provisions of general law and this chapter, shall be final and absolute.
B. The provisions of this section and of Section 2.36.140 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure, or as part of a general curtailment program.
C. Notwithstanding anything to the contrary in this section, in any other provision of this chapter of the Upland Municipal Code, or in any other presently existing ordinance, resolution, agreement, rule, policy, practice or other city enactment of any type or nature, all present and future department heads shall be deemed and are designated as at-will employees who each serve at the pleasure of the city manager, and accordingly the city manager may reduce the salary of, suspend, demote or discharge any department head, without prior notice and without cause. No department head shall have any administrative right of due process in connection with any reduction in salary, suspension, demotion or discharge, and no department head shall have any right of appeal to the board of review or the city council. The city manager’s decision as regards the employment status of a department head shall be final and absolute. No department head shall have the right or authority to undertake any of the rights or powers specified in Upland Municipal Code Sections 2.36.140, 2.36.150, 2.36.160 and 2.36.170. (Ord. 1790 § 2, 2005; prior code § 2350.13)
2.36.140 Right of appeal.
Any permanent employee in the competitive service shall after exhausting all preliminary due process procedures, have the right of appeal to the board of review relative to any situation affecting their employment status or conditions of employment, except in instances where the right of appeal is prohibited by this chapter or the rules. Thereupon the board shall make such investigation as it may deem necessary and, within 20 working days after the request for hearing was filed by the employee, the board shall hold a hearing, at which time it shall hear evidence for and against such employee. Hearings may be informally conducted using the evidentiary rules and procedure. (Prior code § 2350.14)”
Section 4. Section 2.48.150 of Chapter 2.48 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
“Section 2.48.150 Disposition of surplus supplies and equipment.
Ordinance No.
All using departments shall submit to the purchasing official, at such times and in such forms as the purchasing official shall prescribe, but at least every two years, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing official shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which have become unsuitable for city use.
A. Such items so declared to be surplus shall be offered for sale on a competitive bid basis. Bids may be solicited by written request, telephone, fax machine, by public auction, by use of an auction service, by advertisement in any newspaper or magazine, or by any combination of such methods.
B. When, after a reasonable effort has been made to obtain competitive bids, no offers are received for any item or city-owned personal property so declared to be surplus, the purchasing official is authorized to dispose of such item for the highest scrap value that can be obtained therefor and if a reasonable effort to do so produces no opportunity to sell the same for scrap, the purchasing manager may cause its destruction or any other disposition thereof.
C. The city may sell obsolete or surplus property to any other tax- supported governmental agency at an established fair market value without other bids.
D. The city may dispose of surplus personal property determined in the judgment of the purchasing official, or his or her designee, to be of negligible value in the normal course of business. (Prior code § 2830.5)”
Section 5. Section 9.16.030 of Chapter 9.16 of Title 9 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
“9.16.030 Public parks, alcoholic beverages prohibited in.
No person shall possess, sell, give, deliver or consume any alcoholic beverages within the confines of any public park within the city, or any public park owned or possessed or operated by the city, including, but not limited to, Baldy View Park, Cabrillo Park, Citrus Park, Fern Reservoir Park, Greenbelt Park, Magnolia Park, McCarthy Park, Memorial Park, Olivedale Park, San Antonio Park, Sierra Vista Park, 8th and Campus Reservoir Park and 13th and Campus Reservoir Park. Every violation of this section shall be punishable as an infraction.
There shall be excepted from this section, however, the possession or consumption of alcoholic beverages in the aforementioned public parks with written authorization by the City Manager and Police Chief for City-sanctioned or approved special events. Additionally, excepted from this section is the possession of alcoholic beverages in any building leased by the city, provided such possession or consumption is conducted in strict accordance with the provisions of such lease. (Ord. 1890 § 2, 2015; prior code § 4250.3)”
Section 6. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality
Ordinance No.
Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 8. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this ____ day of _________, 2023.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the ____ day of __________, 2023, and was adopted at a regular meeting of the City Council of the City of Upland on the ____ day of __________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
2.03.030 Operative date.
The provisions of this chapter shall apply to elections for the office of mayor, or city council, or city treasurer on a prospective basis as specified in law. (Ord. 1860 § 1, 2011)
2.03.040 Supplemental guidelines.
These supplemental guidelines are hereby added to and incorporated into local, state, and federal election regulations.
Mayor/councilmembers/city treasurer, candidates for the office of city council, or mayor, or city treasurer, shall be subject to the limitations set out in Section 2.03.050 and shall apply to monetary and nonmonetary contributions. (Ord. 1860 § 1, 2011)
2.03.050 Contribution limitations.
A.No candidate for the office of mayor, or city council, or city treasurer, or a controlled committee of such candidate shall accept any contribution which would cause the total amount contributed by a person or related entity to the candidate or to the candidate’s controlled committee, to exceed $1,000.00 in connection with any one election.
B.No candidate for the office of mayor, or city council or city treasurer, or a controlled committee of such controlled committeecandidate, or person or related entity acting by or on behalf of such candidate or such candidate’s controlled committee shall accept, any contribution which would cause the total amount contributed to a political committee to the candidate, or to the candidate’s controlled committee, to exceed $1,000.00 in any one election.
C.No candidate for the office of mayor, or city council, city treasurer, or a controlled committee of such candidate shall accept any contribution which would cause the total amount contributed by a group, organization, corporation, or related entity thereof to the candidate or to the candidate’s controlled committee, to exceed $1,000.00. (Ord. 1871 § 1, 2013; Ord. 1860 § 1, 2011) Redline changes to Sections 2.36.030 through 2.36.140 Personnel System
2.36.030 Human resources/risk manager management.
The city manager shall appoint a deputy director of human resources/risk management whose duty it shall be to act in the capacity of administrator of the personnel system. The human resources/risk manager deputy director of human resources/risk management shall:
A.Attend all meetings of the board of review;
B.Administer all provisions of this chapter and the rules established hereunder, not specifically reserved to the council, city manager or board of review; C.Under the direction of the city manager, prepare rules and revisions and amendments thereof, for the consideration of the council. (Ord. 1962 § 4, 2022; prior code § 2350.3)
2.36.060 Adoption of rules.
In addition to such other matters as may be necessary and proper to carry out the intent and purposes of this chapter, rules shall be formulated, and adopted to govern the following phases of the personnel program:
A.The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service;
B. The public announcement of vacancies and examinations and the acceptance of applications for employment;
C. The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment;
D. The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments;
E. The transfer, promotion, demotion, reclassification, and reinstatement of employees in the competitive service;
F. The separation from the service of employees through lay-off, suspension, dismissal and for incapacity to perform required duties;
G. The hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training. (Prior code § 2350.6)
2.36.070 Authority of the city manager and/or designee(s) within the merit system.
The city manager and/or designee(s) having the authority to make transfers, promotions, demotions, reclassifications, reinstatements, lay-offs, salary reductions, salary adjustments, and to appoint, suspend or discharge employees, and to formulate rules shall retain such power, subject to the provisions of this chapter and the rules established hereunder, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment in order that city employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service. (Ord. 1962 § 5, 2022; prior code § 2350.7)
2.36.100 Appointments.
A. Appointments to vacant positions in the competitive service shall be made in accordance with the rules established hereunder and from employment lists resulting from competitive examination, or by promotion, transfer, demotion, reassignment, reclassification, or reinstatement.
B. If appointment is to be made from employment or promotional lists, the name of persons willing to accept appointment shall be certified by the personnel director in the order in which they appear on the lists. The number of names certified shall exceed by two the number of vacancies to be filled.
C. In the absence of appropriate employment lists, a temporary appointment may be made by the appointing power of a person meeting the minimum qualifications for the position; provided, however, that an employment list shall be established for such position within six months. No person shall be employed by the city under temporary appointment for a total of more than six months in any fiscal year.
D. During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or discharge of an employee, the vacancy created may be filled by the appointing power only by temporary appointment. (Prior code § 2350.10)
2.36.110 Probationary period.
A. All original and promotional appointments shall be subject to a min imum probationary period of 12 months for all management, professional, technical, miscellaneous, and sworn police personnel above the rank of police officer. a All original appointments for police officer shall be subject to a minimum probationary period of 15 months during which the employee may be rejected at any time without right of appeal or hearing in any manner. At the Chief of Police’s discretion lateral
police officer transfer applicants who have completed Basic Academy and have demonstrated law enforcement experience may be hired with a 12 month probationary period and may be rejected at any time without right of appeal or hearing in any manner.
B. Employees rejected during a promotional probationary period shall be reinstated to the classification from which they were promoted, provided the employee previously held permanent status in the classification, unless charges are filed and they are discharged as provided in this chapter and the rules.
C. Employees in the competitive service who are promoted or transferred to a position not included in the competitive service shall be reinstated to their former classification if within 12 months action is taken to dismiss them, unless charges are filed and they are discharged in the manner provid ed in this chapter and the rules established hereunder for positions in their competitive service. (Ord. 1962 § 6, 2022; prior code § 2350.11)
2.36.120 Abolition of position.
Whenever in the judgment of the council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the council may abolish any position or employment in the competitive service and discharge the employee holding such position in accordance with the rules of layoff in the competitive service or employment without filing written charges and without the right of appeal. The name of such an employee so discharged shall be placed at the top of the appropriate employment list or lists, as provided by the rules. (Prior code § 2350.12)
2.36.130 Rights accorded to employees with permanent status.
A. The city manager and/or designee(s) having the power of appointment shall retain their full statutory power to reduce salary, suspend, demote, or discharge for cause subject to the manner and under the procedure established herein for permanent status employees. Cause for discharge shall include unfitness for duty, misconduct, incompetency, inefficiency, insubordination, or persistent failure to perform duties, and incapacity to fill the position by reason of mental or physical disability; and generally any such definite cause as to the city manager and/or designee(s) shall appear reasonable and proper under the circumstances. In all cases, an employee whose status is materially changed, or who is suspended, demoted, or discharged, or has a salary reduction shall be entitled to due process up to and including appeal to the board of review and also has the right to be represented. Any change in the status of an employee, when effected under the provisions of general law and this chapter, shall be final and absolute.
B. The provisions of this section and of Section 2.36.140 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure, or as part of a general curtailment program.
C. Notwithstanding anything to the contrary in this section, in any other provision of this chapter of the Upland Municipal Code, or in any other presently existing ordinance, resolution, agreement, rule, policy, practice or other city enactment of any type or nature, all present and future department heads shall be deemed and are designated as at-will employees who each serve at the pleasure of the city manager, and accordingly the city manager may reduce the salary of, suspend, demote or discharge any department head, without prior notice and without cause. No department head shall have any administrative right of due process in connection with any reduction in salary, suspension, demotion or discharge, and no department head shall have any right of appeal to the board of review or the city council. The city manager’s decision as regards the employment status of a department head shall be final and absolute. No department head shall have the right or authority to undertake
any of the rights or powers specified in Upland Municipal Code Sections 2.36.140, 2.36.150, 2.36.160 and 2.36.170. (Ord. 1790 § 2, 2005; prior code § 2350.13)
2.36.140 Right of appeal.
Any permanent employee in the competitive service shall after exhausting all preliminary due process procedures, have the right of appeal to the board of review relative to any situation affecting their employment status or conditions of employment, except in instances where the right of appeal is prohibited by this chapter or the rules. Thereupon the board shall make such investigation as it may deem necessary and, within 20 working days after the request for hearing was filed by the employee, the board shall hold a hearing, at which time it shall hear evidence for and against such employee. Hearings may be informally conducted using the evidentiary rules and procedure. (Prior code § 2350.14)
2.48.150 Disposition of surplus supplies and equipment.
All using departments shall submit to the purchasing official, at such times and in such forms as the purchasing official shall prescribe, but at least every two years, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing official shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which have become unsuitable for city use.
A. Such items so declared to be surplus shall be offered for sale on a competitive bid basis. Bids may be solicited by written request, telephone, fax machine, by public auction, by use of an auction service, by advertisement in any newspaper or magazine, or by any combination of such methods.
B. When, after a reasonable effort has been made to obtain competitive bids, no offers are received for any item or city-owned personal property so declared to be surplus, the purchasing official is authorized to dispose of such item for the highest scrap value that can be obtained therefor and if a reasonable effort to do so produces no opportunity to sell the same for scrap, the purchasing manager may cause its destruction or any other disposition thereof.
C. The city may sell obsolete or surplus property to any other tax-supported governmental agency at an established fair market value without other bids.
D. The city may donate dispose of surplus personal property determined in the judgment of the purchasing official, or his or her designee to be of negligible value in the normal course of business. (Prior code § 2830.5)
9.16.030 Public parks, alcoholic beverages prohibited in.
No person shall possess, sell, give, deliver or consume any alcoholic beverages within the confines of any public park within the city, or any public park owned or possessed or operated by the city, including, but not limited to, Baldy View Park, Cabrillo Park, Citrus Park, Fern Reservoir Park, Greenbelt Park, Magnolia Park, McCarthy Park, Memorial Park, Olivedale Park, San Antonio Park, Sierra Vista Park, 8th and Campus Reservoir Park and 13th and Campus Reservoir Park. Every violation of this section shall be punishable as an infraction.
There shall be excepted from this section, however, the possession or consumption of alcoholic beverages in the aforementioned public parks with written authorization by the City Manager and Police Chief for City-sanctioned or approved special events. Additionally, excepted from this section is the possession of alcoholic beverages in any building leased by the city, provided such possession or consumption is conducted in strict accordance with the provisions of such lease. (Ord. 1890 § 2, 2015; prior code § 4250.3)
DATE: May 22, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR
BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: AWARD OF BID FOR PARKING LOT & ALLEY REHABILITATION EAST OF FIRST AVENUE, NORTH OF “A” STREET (BID No. 2023-05)
RECOMMENDED ACTION:
It is recommended that the City Council approve the Plans and Specifications for the Parking Lot and Alley Rehabilitation Project on First Avenue, north of “A” Street; waive minor bid irregularities; award the construction contract to Gentry General Engineering, Inc., in the amount of $1,160,110.18; approve a construction contingency in the amount of $174,889.82, for a total amount of $1,335,000.00 ; approve budget in fund 639 of $275,000; and authorize the City Manager to execute any extensions, and any future amendments within the City Manager's authority.
GOAL STATEMENT
The proposed action supports the City’s goal of maintaining and improving the City’s public parking, water, and solid waste facilities.
BACKGROUND
The City recently completed the design and construction documents to rehabilitate the public parking lot and three public alleys generally located on the east side of First Avenue, approximately 150 feet north of “A” Str eet, in the downtown area. Specific improvements include reconstruction of asphalt/concrete pavement; installation of ADA curb ramp and pedestrian sidewalk; installation of a new potable water main; parking lot LED lighting upgrades; and replacement of parking lot striping.
ISSUES AND ANALYSIS
The Parking Lot Rehabilitation Notice Inviting Bids (NIB) was advertised on March 17, 2023 and March 24, 2023 in accordance with the California Public Contract Code (Section 20164) and was also listed in the City’s website and distributed to various electronic plan rooms. On April 19, 2023, the City received and opened 2 bids for the Project, under Bid No. 2023-05, as follows:
BIDDER BID AMOUNT
Gentry General Engineering, Inc. $1,160,110.18 (1)
Vido Samarzich, Inc. $1,164,410.00 (1)
Note: (1) = Corrected bid amount (due to deletion of bid items number 13 and 14 per Addendum No. 1)
The City has reviewed the bid information, and confirmed that Gentry General Engineering, Inc., of Rancho Cucamonga, California, is the lowest responsible and responsive bidder.
On April 13, 2023, the City issued Addendum No. 1 notifying bidders to delete bid item 13 and 14 from the project contract documents and to not provide a unit price for those bid items. Upon review of the bids, both bids received included unit price bid amounts under bid items 13 and 14, and both bidders provided signed acknowledgements for receipt of Addendum No. 1. Consistent with the City issued bid documents (Addendum No. 1), and in consultation with the City Attorney’s Office, staff has determined that unit prices provided under bid items 13 and 14 should be removed from all bids received as specified in Addendum No. 1. Upon removal of bid item 13 and 14, the low bidder is Gentry General Engineering, Inc. Consistent with the bid specifications, the City has the discretion to waive minor irregularities, and award the contract to Gentry General Engineering, Inc.
ENVIRONMENTAL DETERMINATION
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (“Existing Facilities”), of the CEQA guidelines. The Project involves repair and maintenance of existing public facilities and does not involve expansion of use beyond that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on March 7, 2023.
FISCAL IMPACTS
The estimated project costs, as well as the available funding, will be incorporated into the City’s Fiscal Year 2023 -24 Capital Improvement Program (FY 23-24 CIP), to reflect the authorized expenditures as summarized below:
Estimated Project Costs
Basic Bid Amount $1,160,110.18
Construction Contingency (~15%) $174,889.82
Total Contract Work: $1,335,000.00
Previous Project Management, Bidding, Utility Relocations (FY 22-23) $41,150.72 Construction Administration and Inspection $60,000.00
Material Testing $15,000.00
Total Project Cost: $1,451,150.72
FY 2022/23 Funding
FY 22-23 CIP Acct. No. 210-7702 (PBIA) $130,548.00
FY 22-23 CIP Acct. No. 426-7500-86003 (St. & Alley Prog. 22/23) $445,000.00 FY 22-23 CIP Acct. No. 639-7500-91002 (Water) $275,000.00
FY 2023/24 Funding
FY 23-24 CIP Acct. No. 229-7500-16127 (ARPA Downtown Parking Lots) $300,602.72 FY 23-24 CIP Acct. No. 639-7500-91002 (Water) $300,000.00 Total Project Funding: $1,451,150.72
ALTERNATIVES
1. Reject all bids and authorize the City Clerk to re-advertise the project. Due to a successful bidding process, and the current increasing trend in bid costs, staff does not recommend this alternative.
2. Provide alternative direction to staff.
CEQA: Determined to be Exempt.
PARKING LOT & ALLEY REHABILITATION EAST OF FIRST AVENUE, NORTH OF "A" STREET
CITY OF UPLAND
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
1370 N. Benson Avenue
Upland, CA 91786
(909) 291-2930
(909) 291-2974 Fax
PARKING LOT & ALLEY REHABILITATION
EAST OF FIRST AVENUE, NORTH OF “A” STREET (Bid No. 2023-05) #CATEGORY / DESCRIPTION QUANTITY UNIT UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL PART A- GENERAL (ITEMS 1-6)
1 Clearing/Grubbing.1 LS 58,307.50$ 58,307.50$ 83,000.00 83,000.00$ 125,000.00$ 125,000.00$ 104,000.00$ 104,000.00$ 2 Storm Water Pollution Prevention Plan & Implementation.1 LS 15,000.00$ 15,000.00$ 46,680.00 46,680.00$ 15,000.00$ 15,000.00$ 30,840.00$ 30,840.00$ 3 Traffic & Pedestrian Control, Public Convenience & Safety.1 LS 10,000.00$ 10,000.00$ 60,600.00 60,600.00$ 25,000.00$ 25,000.00$ 42,800.00$ 42,800.00$ 4 Construction Surveying*.1 LS 15,000.00$ 15,000.00$ 9,300.00 9,300.00$ 5,000.00$ 5,000.00$ 7,150.00$ 7,150.00$ 5 Potholing and Utility Verification.1 LS 5,000.00$ 5,000.00$ 19,400.00 19,400.00$ 15,000.00$ 15,000.00$ 17,200.00$ 17,200.00$ 6 Furnish, Install, Maintain and Remove Project Identifications Signs.2 EA 2,000.00$ 4,000.00$ 2,300.00 4,600.00$ 2,500.00$ 5,000.00$ 2,400.00$ 4,800.00$ PART B – STREET IMPROVEMENTS (ITEMS 7-36)
7 Construct 6” PCC Curb.748 LF $ 60.00 $44,880.00 46.41 34,714.68$ 70.00$ 52,360.00$ 58.21$ 43,537.34$ 8 Construct 3” Asphalt Concrete Pavement.350 TON $ 160.00 $56,000.00 237.75 83,212.50$ 275.00$ 96,250.00$ 256.38$ 89,731.25$ 9 Construct 4” Asphalt Concrete Pavement Along Alleys. 350 TON $ 160.00 $56,000.00 237.75 83,212.50$ 275.00$ 96,250.00$ 256.38$ 89,731.25$ 10 Construct 4” Minimum PCC Sidewalk.1,100 SF $ 15.00 $16,500.00 12.00 13,200.00$ 16.00$ 17,600.00$ 14.00$ 15,400.00$ 11 Construct PCC Cross Gutter.430 SF $ 12.00 $5,160.00 31.00 13,330.00$ 25.00$ 10,750.00$ 28.00$ 12,040.00$ 12 Construct PCC Curb Ramp.6 EA $ 8,000.00 $48,000.00 6,800.00 40,800.00$ 8,500.00$ 51,000.00$ 7,650.00$ 45,900.00$ 13 Construct 6’ Block Wall and Trash Enclosure. (ITEM REMOVED, SEE ADDENDUM 1)2 EA $ 60,000.00 194,690.15 -$ 25,000.00$ -$ 109,845.08$ -$ 14 Construct 6” PCC Slab. (ITEM REMOVED, SEE ADDENDUM 1)481 SF $ 35.00 30.00 -$ 20.00$ -$ 25.00$ -$ 15 Remove and Replace Wooden Light Pole with Ameron 4B124 Street Light Pole and Dual GE Evolve ERL1 LED 97-Watt Luminaire.1 EA $ 9,500.00 $9,500.00 20,700.00 20,700.00$ 25,000.00$ 25,000.00$ 22,850.00$ 22,850.00$ 16 Remove and Relocate Irrigation Box and Spigot.1 EA $ 1,500.00 $1,500.00 3,500.00 3,500.00$ 2,000.00$ 2,000.00$ 2,750.00$ 2,750.00$ 17 Install 25 A Breaker for Trash Enclosure Lights.1 EA $ 500.00 $500.00 860.00 860.00$ 1,000.00$ 1,000.00$ 930.00$ 930.00$ 18 Install 50A Breaker for Street Lights.1 EA $ 500.00 $500.00 1,150.00 1,150.00$ 1,500.00$ 1,500.00$ 1,325.00$ 1,325.00$ 19 Construct 4” PVC Curb Drain.1 EA $ 300.00 $300.00 1,200.00 1,200.00$ 2,000.00$ 2,000.00$ 1,600.00$ 1,600.00$ 20 Adjust Existing Electrical Box/GTE/Cable TV Box to Grade.9 EA $ 500.00 $4,500.00 2,300.00 20,700.00$ 750.00$ 6,750.00$ 1,525.00$ 13,725.00$ 21 Adjust Existing Water Meter to Grade.5 EA $ 750.00 $3,750.00 1,350.00 6,750.00$ 750.00$ 3,750.00$ 1,050.00$ 5,250.00$ 22 Construct Detectable Warning Surface.76 SF $ 25.00 $1,900.00 90.00 6,840.00$ 50.00$ 3,800.00$ 70.00$ 5,320.00$ 23 Remove and Replace cable TV Box with Traffic Rated Cover .1 EA $ 1,000.00 $1,000.00 3,200.00 3,200.00$ 750.00$ 750.00$ 1,975.00$ 1,975.00$ 24 Remove existing Wheel Stop.63 EA $ 5.00 $315.00 29.00 1,827.00$ 50.00$ 3,150.00$ 39.50$ 2,488.50$ 25 Furnish and Install PCC Concrete Wheel Stop.46 EA $ 75.00 $3,450.00 75.00 3,450.00$ 100.00$ 4,600.00$ 87.50$ 4,025.00$ 26 Remove, Relocate and Reinstall Large Rock and Support Foundation.1 EA $ 600.00 $600.00 855.00 855.00$ 2,000.00$ 2,000.00$ 1,427.50$ 1,427.50$ 27 Install Traffic Striping, Pavement Markings and Signing.1 LS $ 20,000.00 $20,000.00 15,525.00 15,525.00$ 10,000.00$ 10,000.00$ 12,762.50$ 12,762.50$ 28 Construct Traffic Rated Pull Box and Cover.2 LF $ 2,000.00 $4,000.00 3,850.00 7,700.00$ 3,500.00$ 7,000.00$ 3,675.00$ 7,350.00$ 29 Construct Non-Traffic Rated Pull Box and Cover.5 EA $ 200.00 $1,000.00 1,000.00 5,000.00$ 750.00$ 3,750.00$ 875.00$ 4,375.00$ 30 Construct 3” Schedule 40 PVC Conduit with 2#10, 1#8 Ground for Parking Lot Lighting and 2#10, 1#8 Ground for Trash Enclosure Lighting.157 LF $ 50.00 $7,850.00 98.00 15,386.00$ 120.00$ 18,840.00$ 109.00$ 17,113.00$ 31 Construct 3” Schedule 40 PVC Conduit with 2#10, 1#8 Ground for Parking Lot Lighting.51 LF $ 50.00 $2,550.00 135.00 6,885.00$ 150.00$ 7,650.00$ 142.50$ 7,267.50$ 32 Construct 3” Schedule 40 PVC Conduit with 2#10, 1#8 Ground for Trash Enclosure Lot Lighting.100 SF $ 50.00 $5,000.00 94.00 9,400.00$ 100.00$ 10,000.00$ 97.00$ 9,700.00$ 33 Furnish and Install Ameron 4B124 Street Light Pole and Dual GE Evolve ERL1 LED 97-Watt Luminaire.2 EA $ 7,500.00 $15,000.00 16,387.50 32,775.00$ 18,000.00$ 36,000.00$ 17,193.75$ 34,387.50$ 34 Sawcut & Remove Ex. and Construct P.C.C. Alley Intersection per SPPWC Std. Plan No. 130-2 570 SF $ 40.00 $22,800.00 29.75 16,957.50$ 25.00$ 14,250.00$ 27.38$ 15,603.75$ 35 Furnish and Install 2” PVC Sleeve (For Future Use)107 LF $ 25.00 $2,675.00 50.00 5,350.00$ 30.00$ 3,210.00$ 40.00$ 4,280.00$ 36 Furnish and Install 4” PVC Conduit (For Future use)255 LF $ 30.00 $7,650.00 60.00 15,300.00$ 40.00$ 10,200.00$ 50.00$ 12,750.00$ 2 Average1
Gentry General Engineering, Inc.
9277 Archibald Ave
Rancho Cucamonga, CA 91730
974279
Vido Samarzich, Inc.
BID PRICE
6829 Billings Place
Racho Cucamonga, CA 91701
ENGINEER'S ESTIMATE BID PRICE
433210
BID PRICE
CITY OF UPLAND
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
1370 N. Benson Avenue
Upland, CA 91786
(909) 291-2930
(909) 291-2974 Fax
PARKING LOT & ALLEY REHABILITATION
EAST OF FIRST AVENUE, NORTH OF “A” STREET (Bid No. 2023-05) #CATEGORY / DESCRIPTION QUANTITY UNIT UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL 2 Average1
Gentry General Engineering, Inc.
9277 Archibald Ave
Rancho Cucamonga, CA 91730
974279
Vido Samarzich, Inc.
BID PRICE
6829 Billings Place
Racho Cucamonga, CA 91701
ENGINEER'S ESTIMATE BID PRICE
433210
BID PRICE
PART C – WATER IMPROVEMENTS (ITEMS 37-50)
37 Furnish & Install 8" CML&C Class 300 Steel Water Line & Fittings (Joints Fully Welded) per City Water Std.
Dwg. No. W.23 630 LF 215.00$ $135,450.00 364.00 $229,320.00 300.00$ 189,000.00$ 332.00$ 209,160.00$ 38 Furnish & Install 8” Gate Valve per City Water Std. Dwg. No. W.07 & W.09 9 EA 4,000.00$ $36,000.00 2,850.00 $25,650.00 5,000.00$ 45,000.00$ 3,925.00$ 35,325.00$ 39 Furnish & Install 8" CML&C Tee with Thrust Block per City Water Std. Dwg. No. W.24 1 EA 5,000.00$ $5,000.00 2,200.00 $2,200.00 5,000.00$ 5,000.00$ 3,600.00$ 3,600.00$ 40 Furnish & Install 8" CML&C Bend with Thrust Block per City Water Std. Dwg. No. W.24 (Angle per Plan)6 EA 3,000.00$ $18,000.00 1,700.00 $10,200.00 2,000.00$ 12,000.00$ 1,850.00$ 11,100.00$ 41 Hot Tap Existing 12” Water Line with 8” Tapping Sleeve, 8” Tapping Valve and Thrust Blocks per City Water Std. Dwg. No. W.06 & W.24 1 EA 15,000.00$ $15,000.00 10,000.00 $10,000.00 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 42 Furnish & Install 1” Service Lateral, Meter and Box per City Water Std. Dwg. No. w.01 & W.02 and Connect to Existing Customer Service.13 EA 3,400.00$ $44,200.00 6,300.00 $81,900.00 6,000.00$ 78,000.00$ 6,150.00$ 79,950.00$ 43 Furnish & Install 6" Fire Hydrant Assembly per City Water Std. Dwg. No. W.05 2 EA 16,000.00$ $32,000.00 19,200.00 $38,400.00 15,000.00$ 30,000.00$ 17,100.00$ 34,200.00$ 44 Remove, Salvage and Deliver Existing Fire Hydrant as Directed by the Engineer 1 EA 3,000.00$ $3,000.00 1,660.00 $1,660.00 3,000.00$ 3,000.00$ 2,330.00$ 2,330.00$ 45 Remove Ex. Interfering Pipe and Install Reducer (Size per Plan) with Thrust Block per City Water Std. Dwg.
No.W.24 & Connect to Existing Water Line (Size per Plan):3 EA 7,000.00$ $21,000.00 1,550.00 $4,650.00 5,000.00$ 15,000.00$ 3,275.00$ 9,825.00$ 46 Cut, Plug and Install Blind Flange or Abandon Ex. Water Main per City Std. Dwg. No. W.10 and W.24 4 EA 2,000.00$ $8,000.00 1,330.00 $5,320.00 4,000.00$ 16,000.00$ 2,665.00$ 10,660.00$ 47 Furnish and Install 6” Blowoff Valve Assembly*2 EA 10,000.00$ $20,000.00 11,400.00 $22,800.00 10,000.00$ 20,000.00$ 10,700.00$ 21,400.00$ 48 Install 1" Air Release Valve per City Water Std. Dwg. No. W.13 (Exact Location to be Field Determined by the City)*2 EA 10,000.00$ $20,000.00 7,300.00 $14,600.00 10,000.00$ 20,000.00$ 8,650.00$ 17,300.00$ 49 Furnish & Install 8" CML&C Cross with Thrust Block per City Water Std. Dwg. No. W.24 1 EA 6,250.00$ $6,250.00 3,600.00 $3,600.00 5,000.00$ 5,000.00$ 4,300.00$ 4,300.00$ 50 Furnish and Install 4” CML&C Class 300 Steel Water Line and Connect to Existing Fire Service:50 LF 100.00$ $5,000.00 329.00 $16,450.00 500.00$ 25,000.00$ 414.50$ 20,725.00$ $819,087.50 $1,160,110.18 $1,164,410.00
Bid Amount*:$1,563,920.48 Bid Amount*:$1,224,030.00
Tabulated Bid:$1,160,110.18 Tabulated Bid:$1,164,410.00 Toal Sub Work 307,733.00$ Toal Sub Work 124,150.00$ Total General $852,377.18 Total General $1,040,260.00
General %73.47%General %89.34%
Addendum No. 1 Yes Addendum No. 1 Yes
Contract License Yes Contract License Yes
Bid Bond Yes Bid Bond Yes
Iran Contracting
Act Yes
Iran Contracting
Act Yes
NonCollusion
Declaration Yes
NonCollusion
Declaration Yes
DIR Registration Yes DIR Registration Yes
Bidder Exp.
Information Form Yes
Bidder Exp.
Information Form Yes
Workers Comp.Yes Workers Comp.Yes
Signed Bids Yes Signed Bids One Signature
Forms Submitted:Forms Submitted:
CITY OF UPLAND
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
1370 N. Benson Avenue
Upland, CA 91786
(909) 291-2930
(909) 291-2974 Fax
PARKING LOT & ALLEY REHABILITATION
EAST OF FIRST AVENUE, NORTH OF “A” STREET (Bid No. 2023-05) #CATEGORY / DESCRIPTION QUANTITY UNIT UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL UNIT COST ITEM TOTAL 2 Average1
Gentry General Engineering, Inc.
9277 Archibald Ave
Rancho Cucamonga, CA 91730
974279
Vido Samarzich, Inc.
BID PRICE
6829 Billings Place
Racho Cucamonga, CA 91701
ENGINEER'S ESTIMATE BID PRICE
433210
BID PRICE
Sealed Bids Yes Sealed Bids Yes