Upland City Council
June 12, 2023

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

JESSICA GANDARA, RECREATION & COMMUNITY SERVICES MANAGER

MEGHAN MEADE, RECREATION & COMMUNITY SERVICES SUPERVISOR SUBJECT: PICNIC AREA RESERVATION POLICY

RECOMMENDED ACTION:

It is recommended that the City Council approve the Picnic Area Reservation Policy.

GOAL STATEMENT
The proposed action supports the City’s goal to provide guidance, consistency, accountability, efficiency, and clarity for City operations.

BACKGROUND
The City of Upland has picnic area spaces available for reservations throughout the parks in the community .

Setting regulations for picnic area use is a common practice across the industry and the Recreation and Community Services staff have proposed policies and procedures that are believed to be intentional, fair, and equitable for all users.

ISSUES AND ANALYSIS
The proposed policy under consideration represents picnic area reservations best practices. The policy includes a park overview with descriptions of locations, amenities, and maximum capacities. The most significant policies are outlined below:

1. Reservations for picnic areas and gazebos can be made up to twelve (12) months in advance for resident users and up to six (6) months in advance for non-resident users.

2. Deposits are subject to being withheld if users do not comply with rules and regulatio ns specified in the Picnic Area Use Permit. For example, any picnic area left with an excessive amount of trash, or reservations that included permit violations would be grounds for having deposits withheld.

3. Decorations must not be displayed or installed in such a manner that would damage or deface any park amenities. The use of duct tape, nails, staples, or other sharp materials or instruments is not permitted. Prior approval for adhesive or magnetic materials must be given by the Recreation Coordinator or designee.

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 resulting from approval of this item.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

ADMINISTRATIVE POLICY AND PROCEDURE Number
Effective 7/2023
Revised

PICNIC AREA RESERVATIONS

1. PURPOSE

The City of Upland’s community parks are available for use by the general public for birthdays, picnics, baby showers, family reunions, and other special events. Picnic area reservations for these purposes are coordinated by the Recreation and Community Services Division.

The City does its best to accommodate all picnic area reservation requests, as space and time permits. This policy outlines the regulations, procedures, fees, and priority systems for the use of City picnic areas. This policy was designed to provide for the safe, efficient, and equitable reservation of picnic areas.

The City works to ensure that the parks and picnic areas offered meet the needs of the community and that access to them is as economically feasible as possible. Fees, when charged, are used to offset public expenses and to operate, maintain, supervise, and administer the use of the park and City facilities.

The City is responsible for the initiation, review, and recommendation of plans for the acquisition and improvement of parklands and facilities and to recommend program improvements or additions when necessary. The City takes into consideration the present and future needs of the community and recommends plans to meet those needs. When making recommendations, the City considers the needs of the entire community without bias towards special interest groups.

The following statements, rules, and regulations constitute the Picnic Area Reservation Policy for the City of Upland.

It shall be the responsibility of the City Manager and/or designee to grant use of City parks to individuals or organizations according to the terms and conditions set forth in the Picnic Area Reservation Policy.

2. PARKS

Cabrillo Park, 11th Street between Mountain Avenue & Benson Avenue, Upland • Maximum capacity: 35
• Amenities:
o Four tables
o One small grill
• No reservations will be permitted on Saturdays except in the month of July.

Citrus Park, 8th Street between Mountain Avenue & San Antonio Avenue, Upland • Maximum capacity: 35
• Amenities:
o Four tables
o One small grill

Greenbelt Park, 15th Street & Benson Avenue, Upland
• Maximum capacity: 100
• Amenities:

o 20 tables
o One small grill
• No reservations will be permitted on Saturdays except in the month of July. • Bounce houses not permitted

Magnolia Park, 651 W 15th Street, Upland
• Maximum capacity: 50
• Amenities:
o Two Sites
 10 tables
o One large grill
o Two shade structures

McCarthy Park, 20th Street & San Antonio Avenue, Upland • Maximum capacity: 50
• Amenities:
o Gazebo
o Five tables
o Electrical outlet

Memorial Park, Foothill Boulevard between Campus Avenue & Grove Avenue, Upland • Atwood Kitchen
o Maximum capacity: 100+
o Amenities:
 Kitchen access
 Picnic tables
 Band shell area
• Sites B&C
o Maximum capacity: 50
o Amenities:
 Four tables
 Small grill

Olivedale Park, 8th Street between Campus Avenue& Sultana Avenue, Upland • Maximum capacity: 35
• Amenities:
o Four tables
o One small grill
• Bounce houses not permitted at Site B

San Antonio Park, 24th Street & Mountain Avenue, Upland • Maximum capacity: 50
• Amenities:
o Gazebo
o Seven tables
o One grill
o Electrical outlet
• Bounce houses are not permitted

Sierra Vista Park, 15th Street between Campus Avenue & Euclid Avenue, Upland • Maximum capacity: 35
• Amenities:
o Four tables

o One large grill

All picnic areas are available during normal park operating hours per the Upland Municipal Code. Any use during non-operating hours requires special approval from the City and the availability of Park Monitors. An additional charge for staffing after-hours will be applied. Picnic area reservations may not be available due to prior programming and/or other City obligations.

Picnic area reservations will not be accepted for the following observed holidays: Martin Luther King Jr. Day, Presidents’ Day, Easter Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day/Day After Thanksgiving, and Christmas Eve through New Year’s Day.

3. DEFINITIONS

3.1 Applicant: An individual (18 years of age or older) or organization, that completes a City of Upland Picnic Area Reservation Request and required payment to use a City of Upland picnic area pursuant to the terms of this policy. The date requested by the applicant will be held provided that all terms and conditions of this policy are met.

3.2 Recreation Coordinator: The Recreation Coordinator responsible for handling park and picnic area reservation operations.

3.3 Picnic Area: Designated space that is reservable by park patrons. Picnic areas can include shade structures, city provided tables, and city provided charcoal BBQ grills.

3.4 Park Monitor: The designated Recreation staff assigned to monitor activities at City parks and picnic areas. This staff is responsible for providing customer service and informing the public of City policy.

4. RESERVATION PRIORITY

4.1 All picnic area and gazebo reservations will be made on a first come first served basis.

4.2 Reservations for picnic areas and gazebos can be made up to twelve (12) months in advance for resident users and up to six (6) months in advance for non-resident users.

5. RESERVATION POLICIES AND PROCEDURES

5.1 All City of Upland picnic area reservations must be made no less than fourteen (14) days in advance of the date requested.

5.2 Picnic area reservations submitted less than fourteen (14) days in advance of the date requested will be accepted only if approved by the Recreation Coordinator and required staffing elements are readily available.

5.3 A picnic area reservation may be completed in person, on a “first-come, first-served basis” at the Landecena Community Building located at 1325 San Bernardino Rd, Upland (subject to change dependent upon the Recreation Coordinators workstation location) or online via the City website. Reservations will NOT be accepted over the telephone, by text, or social media.

5.4 Upon completion of a picnic area reservation, a permit will be issued to the customer. In person, the applicant must sign the picnic area reservation permit and agree to all terms and conditions therein. The Recreation Coordinator may attach conditions to the contract, as they deem necessary, for the protection of public health, safety, and welfare of the patrons and the City parks. All applicable fees must be paid according to the terms provided. Fees paid are subject to the Cancellation Policy (can be found in Section 8 of this policy).

5.5 The Applicant’s residency will be determined for the appropriate fees to be applied.

5.6 The City reserves the right to direct requests for picnic areas to other City parks which are deemed more appropriate for the type of request or deny requests if they are deemed inappropriate for the picnic area.

5.7 Applicant shall NOT transfer, assign, or sublet use of the picnic area, or apply for use on behalf of another person or organization.

5.8 Depending upon the nature of the reservation, the Recreation and Community Services Manager or designee may require additional fees, insurance, and/or security personnel.

5.9 The City reserves the right to deny any application, as deemed necessary for the protection of public health, safety, and welfare of the patrons and picnic areas.

Applications may also be denied for the following reasons:

5.9.1 The Applicant has previously used the picnic area or gazebo and failed to comply with applicable rules and conditions, or d u e t o damage or lac k of c leaning, and did not receive all o r partial of the deposit back.

5.9.2 All initial deposit(s) will be returned within six (6) weeks of any denial.

6. DEPOSITS AND PAYMENTS

6.1 To reserve a date, 100% of the total reservation fees must be made at the time of the reservation.

6.2 Credit cards (VISA and MasterCard only), cash, are accepted methods of payment for making picnic area reservations. Checks must be made payable to “CITY OF UPLAND.” If the Applicant’s check is returned to the City for any reason, a fee will be assessed in addition and deposits may not be returned. Additional fees may vary depending on the reservation. Requirements for extra fees may include additional City staff, special equipment use, security personnel, and/or insurance.

6.3 Reserving parties must provide payment in the form of a check or credit card with the non-profit name imprinted on the form of payment.

6.4 Out-of-state checks and temporary checks will not be accepted.

6.5 Reservation payment will only be accepted at the time of the reservation and has been approved by the Recreation Coordinator and/or designee.

6.6 Deposits are subject to being withheld if users do not comply with rules and regulations specified in the Picnic Area Use Permit. Examples: any picnic area left with excessive amount of trash, or violations of the permit would be considered grounds for deposits being withheld.

7. CANCELATIONS/CHANGES/REFUNDS

7.1 No refunds for reservations will be given except in the case of force majeure.

7.2 Changes must be made in person, during normal business hours: Monday through Thursday, 8:00 a.m.- 6:00 p.m. Phone messages, text messages, emails, and social media posts will not be accepted. A $10 change fee is charged for each change made after the reservation has been processed.

7.3 The City will not be liable to applicant for any outside costs incurred due to any force majeure, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fires, or explosion. If a picnic area reservation is cancelled for any of the above reasons, the applicant will receive a full refund on any reservation fees paid.

7.4 When applicable, refundable deposits are issued to the payer within 3-4 weeks after the conclusion of the reservation. Deposit refunds provided by credit card are issued to the payer within 5-7 business days after the conclusion of the reservation.

7.5 Refunds or credits are issued at the discretion of the Upland Recreation and Community Services Manager based on the refund policy and procedures.

8. PARK MONITORS

8.1 The Applicant shall be present at all times while City picnic areas are being used and shall have full access to all activities at any time to ensure that all rules, regulations, and City and state laws are being observed. To utilize any park outside normal hours, the Recreation Coordinator must determine if staff is available. Upon availability, the reserving party will be charged the appropriate fee for the scheduled Park Monitor. In the event that extra personnel is required to be on duty during certain functions, the reservation group will be required to pay all costs. The number of staff required will be at the discretion of the Recreation Coordinator. Some factors that may warrant extra facility attendants are as follows:

8.1.1 Events with more than 100 in attendance

8.1.2 Events needing technical assistance

8.1.3 Events where excessive cleanup will be required

8.1.4 Events held other than normal operating hours, including holidays

9. GENERAL RULES AND REGULATIONS

9.1 The City of Upland reserves the right to suspend use of a picnic area for those groups or individuals not complying with the established rules and regulations or the Upland Municipal Code.

9.2 Supervision by City staff is necessary for the public’s safety and well-being. Park Monitors will be responsible for and have complete authority over the use of the picnic area, all equipment, participants, activities, and security guard(s) on site. Park Monitors have the authority to request changes in activities or cessation of activities if they do not conf orm to the Upland Municipal Code, park reservation policies and regulations, and/or may cause damage to the picnic area. Users must comply with these requests and instructions. The City reserves the right to require security whenever it deems it appropriate.

9.3 The Applicant shall accept full responsibility for damage to equipment or properties and will incur all costs to repair damages to equipment and/or the picnic area.

9.4 A group must have at least one (1) adult for every ten (10) minors at any given event/meeting.

9.5 A caretaker must accompany participants (children and adults) who are not able to attend to their personal needs for the duration of their stay.

9.6 Neither the City of Upland, nor their agents, officials, employees, and/or volunteers will be held responsible for loss, damage, or theft of equipment, nor articles owned by the Applicant and/or their guests.

9.7 Gambling is not allowed on any City property, except Bingo at the George M. Gibson Senior Center.

9.8 All fundraising efforts (including raffles or donations) must have prior approval from the City, and abide by all state and federal laws, including providing the necessary permits.

Additional fees may be required. No monies may be exchanged at the facility without written authorization from the Recreation and Community Services Manager or designee. The Applicant must submit a written request at the time of their reservation.

9.9 Food and Beverage regulations apply to all reservations. Food service must be provided by a licensed caterer, restaurant, or deli. For all on-site catered services such as a taco man service, proof of insurance and a valid San Bernardino County Public Health Permit must be submitted at least seven (7) days prior to the reservation date.

9.10 Events not covered in this policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A variance may be required as provided in Section 18 of this policy.

10. DECORATING, SET-UP, AND CLEAN-UP

10.1 Decorating, set-up, and clean up time must be factored into the time when reserving a picnic area.

10.2 Supplies and items may not be dropped off and vendors may not utilize the facility until the paid contracted time. The Applicant shall discuss with vendors time constraints for preparations/cleaning in order to determine sufficient time is reserved and available. All unloading and loading must be done from parking stalls, properly marked loading curbs, or designated drop-off areas.

10.3 City equipment may not be moved, rearranged, or altered for purposes other than its intended use. City equipment shall not be removed from any facility.

10.4 Decorations must not be displayed or installed in such a manner that would damage or deface any park amenities. The use of duct tape, nails, staples, or other sharp materials or instruments is NOT permitted. Prior approval for adhesive or magnetic materials must be given by the Recreation Coordinator or designee.

10.5 The use of incense, confetti, rice, glitter, birdseed, hay bales, water balloons or the release of balloons are NOT permitted.

10.6 Clean-up is the Applicant’s responsibility and includes but is not limited to wiping table- tops and disposing of all trash into proper receptacles.

10.7 Additional trash bags may be provided.

10.8 Storage is not provided at City picnic areas.

10.9 Any non-City owned personal or rented items brought in for use by the Applicant must be removed prior to the contracted time. Any items left behind are subject to immediate disposal.

10.10 Decorating, set-up, and clean-up must be completed within the approved reservation time. Any fifteen (15) minute increment of time that extends beyond the reserved hours will be grounds for withholding deposits.

11. USE OF CANDLES AND OTHER OPEN-FLAMED DEVICES

11.1 Fire/open flame use is strictly prohibited in City facilities.

11.2 Barbequing at City Parks and picnic areas is allowed on provided grills. No personal grills will be allowed without prior permission from the Recreation Coordinator

12. AM PLIFICATION SYSTEM USE

12.1 Amplification systems, including music, blue-tooth speakers, public address systems, DJs, karaoke, film/video systems, and other large systems will not be permitted without prior approval. Additional fees and insurance may be required.

12.2 Speakers and public address systems that amplify voices are permitted outside at City Parks with a Special Events Permit, but not at a level that would disturb other park patrons or neighboring residences.

12.3 All live entertainment, including DJ’s, must provide their own sound equipment and leads.

12.4 All live entertainment and music must end by posted park hours. No exceptions.

12.5 The use of profane, defamatory, lewd, vulgar, belligerent, or malicious language will not be tolerated and is grounds for suspension of use. Failure to comply with the amplification system requirements will result in loss of privileges to use system.

12.6 An Entertainment Equipment Permit Fee and proof of insurance are required for a DJ or any other entertainment services rendered at the event.

13. LIABILITY

13.1 The City is not responsible for accidents, injury, or loss of personal property. The individual or organization granted use of the facility will be held responsible for any injury, loss, or damage resulting from such use.

14. VARIANCES

14.1 An Applicant may request a variance from one or more of the rules listed below in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this policy.

14.1.1 Reserving picnic area beyond stated closing times.

14.1.2 Use of the parking lot for any purpose other than parking the cars of gjghjdgdgfdgd facility users in marked stalls.

14.2 Requests must be submitted in writing to the Recreation and Community Services Manager. The request must set forth the unusual circumstances that justify a deviation from the original policy.

14.3 Variances will be granted only upon a finding that the circumstances presented are unusual and not likely to recur often, the granting of the variance will not set a precedent, and the variance will not be detrimental to public health, safety or welfare, or disruptive to other events occurring in the picnic area at the same time or to the immediately surrounding neighborhood.

14.4 In the event a variance is granted, the Applicant will pay any supplemental fees necessary to compensate the City for additional costs assoc iated with the variance.

15. FUNDRAISING

15.1 Permitted with profits go towards 501(c)(3), unless permitted by the Recreation and Community Services Manager or designee.

15.2 Gambling is not permitted in any City parks.

15.3 All fundraising efforts (including raffles or donations) must have prior approval from the City, and abide by all state and federal laws, including providing the necessary permits.

Additional fees may be required. No monies may be exchanged at the facility without written authorization from the Recreation and Community Services Manager or designee. The Applicant must submit a written request at the time of their reservation.

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
SUBJECT: CONSIDER APPROVAL OF THE USE OF FUND BALANCE AND APPROPRIATION OF UP TO $25,000 FOR THE REPLACEMENT OF THE FRONT DOORS AT THE ANIMAL

SHELTER

RECOMMENDED ACTION:

It is recommended that the City Council approve the use of fund balance to appropriate $25,000 in the Building Maintenance & Operations Internal Service Fund for the replacement of the front doors at the animal shelter.

GOAL STATEMENT
The proposed action supports the City’s goal of providing employees and the public with functional facilities in which to do business.

BACKGROUND
The current animal shelter located in Memorial Park was built and opened to the public in 2008. The original front doors of the shelter are mounted on top of a track (or suspended from a track) and slide open horizontally via a motion sensor that automatically opens the doors when a member of the public approaches.

ISSUES AND ANALYSIS
Over the years, the front doors at the animal shelter have failed and required repair numerous times. The current doors are not functioning automatically and require manual opening and closing in order to access the shelter. Frequently the doors are left partially or completely open to not be a burden to those coming into and out of the shelter. During summer months, this causes a big problem of trying to keep the lobby area within a moderate temperature, as keeping the doors open allows all the cool air in the lobby to go outside. The alternative is having Friends of Upland Animal Shelter volunteers or staff constantly come up to the front doors to manually open them whenever anyone is looking to come into or leave the animal shelter.

Public Works staff are recommending a full replacement of the doors. Public Works staff are estimating the cost will not exceed $25,000. Though this item was not included in the FY 2023/24 Annual Budget, Fund 754’s ending fund balance is projected to exceed $1.3 million, which is not set aside or designated for any specific building maintenance need. The are ample reserves available to address the recommended replacement.

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 any expansion of use beyond t hat which is existing.

FISCAL IMPACTS
The recommended action would result in the use of no more than $25,000 of fund balance in the Building Maintenance and Operations Internal Service Fund (Fund 754) for the appropriation of funds for the replacement of the animal shelter front doors.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Exempt.

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

STACEY PADRON, EXECUTIVE ASSISTANT I
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF INTERNATIONAL, INC. AND APPROVAL OF A BUDGET ADJUSTMENT

RECOMMENDED ACTION:

It is recommended that the City Council approve a professional services agreement with Robert Half International for $67,000 to provide the City with staff augmentation services, authorize the City Manager to execute the agreement, and approve a budget adjustment for $35,040.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining orderly and timely financial and administrative processes.

BACKGROUND
On several occasions in the last five years, the City has entered into professional services agreements with Robert Half International to fill various City vacancies and for assistance with preparation for the annual audit.

In Fiscal Year 2021/22, the City established a $45,000 agreement with Robert Half International under the City Manager’s Authority, and City Council approved amendments to that agreement on November 14, 2022 and May 8, 2023.

ISSUES AND ANALYSIS
As Staff is pursuing the recruitment of vacant positions, additional services are needed to maintain orderly and timely financial and administrative processes. Current vaca ncies of Accountant in the Finance Division and Administrative Assistant in the Public Works Department have created a need for staff augmentation services. Robert Half International has provided temporary staffing for administrative and professional tasks in the past, and this staff report recommends approving a professional services agreement with the firm again to provide such staffing in a timely manner until those positions are filled with permanent staff. While the City has existing budget for these services, some of which is included in contractual services, the remaining portion is currently recorded in personnel expense.

In order to have the appropriate amount budgeted in contractual services, which is recorded in maintenance and operations, a budget adjustment is required. As such, a budget amendment is being requested to reclassify $35,040 of personnel budget from vacancies in the aforementioned positions to c ontractual services accounts to account for the increase in the Robert Half International agreement cost.

FISCAL IMPACTS
The FY 2023/24 operating budget can accommodate the $67,000 professional services agreement after a budget adjustment (attached) totaling $35,040 which will reduce salaries (Personnel cost category) in various departments and increase contractual services (Operation and Maintenance cost category) by the same amount in each applicable fund, with a $0 net effect of this request.

ENVIRONMENTAL DETERMINATION
The subject action approves a contract for staff augmentation services. This is not considered a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4) of the CE QA 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.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 12, 2023 (Effective Date”) by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and Robert Half International, a corporation, by and through its administrative & customer service and finance & accounting contract talent practice groups with its location at 3633 Inland Empire Blvd, Suite 955, Ontario, CA 91764-4922 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of staff augmentation services.

B. Consultant has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $67,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

c. The City Manager may approve Additional Work, as further defined in Section 3, up to six thousand and seven hundred dollars ($6,700). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed seventy-three thousand seven hundred dollars ($73,700). Any additional work in excess of this amount shall be approved by the City Council.
d. Notwithstanding anything to the contrary in this Agreement, Consultant may at any time, in its sole discretion, discontinue performance of the services once the Not-to- Exceed Amount has been attained (even if Consultant continued to provided services after the Not-to-Exceed Amount was reached).

2 3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. This audit provision should not apply to confidential information, including but not limited to, Consultant’s Professional’s personnel files or the remuneration paid by Consultant to its Professionals and subcontractors.

5. Term
The term of this Agreement shall begin on July 1, 2023, and continue for a period of one year, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement.

6. Reserved

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government applicable to its staff augmentation services.

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

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

3 10. Independent Contractor
a. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. b. City shall supervise Professionals provided services to City. City shall not permit or require Professionals (i) to perform services outside of the scope of Professional’s assignment; (ii) to sign contracts or statements (including SEC documents); (iii) to make any management decisions; (iv) to make any final decisions regarding system design, software development or the acquisition of hardware or software; (v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment owned or licensed by Professional; (vii) to operate machinery (other than office machines) or automotive equipment. City may request that Consultant permit its Professionals to provide services to City remotely (i.e., from a location other than City’s offices) using City’s or Consultant’s laptop and/or other computer or telecommunications equipment (the “Equipment”). City acknowledges and agrees that Consultant shall have no control over, and City shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment or related devices, network accessibility and availability, software, services, tools and e-mail accounts (collectively, “Computer Systems”) used by the Professional, and (ii) the security, integrity, and backing up of the data and other information stored therein or transmitted t hereby. Moreover, City must not permit Professional to save or store any of the City’s files or other data on the Computer Systems provided by Consultant (included, but not limited to, any virtual desktop infrastructure solution).

City agrees thar Consultant shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. Since Consultant is not a professional accounting firm, City agrees that City will not permit or require Pr ofessional (a) to render an opinion on behalf of Consultant or on City’s behalf regarding financial statements; (b) to sign the name of Consultant on any document; or (c) to sign their own names on financial statements or tax returns.
c. It is understood that City has full responsibility for: (i) providing safe working conditions as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to City’s business, and (ii) ensuring that safety plans exist for, and safety related training is provided to, Professionals working on City’s premises. a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled t o, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City,

4 including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance.
(ii) Reserved.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Contractual Liability
(6) Property Damage

(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) products/completed operations liability. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, and provided that such deductibles shall not apply to the City as an additional insured.
b. Reserved
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the

5 “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession in an amount indicated herein.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall provide the City with evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include Certificate of Insurance. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds as required hereunder, where appropriate, the type and amount of the insurance, and the expiration date of such insurance. g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at the City’s request.

6 (ii) The Commercial General Liability Policy shall contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) Reserved
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) Reserved
(iii) Reserved
(iv) City officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,

7 City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. Consultant agrees to defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, or this Agreement, including without limitation the payment of damages, reasonable expert witness fees and reasonable attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

13. Reserved

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. City shall pay all invoices of Consultant for work performed by Professionals prior to termination. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City. 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed by an assigned Professional for the City shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Reserved

20. Reserved

21. Notice

8 Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

DISTRICT:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Michael Blay, City Manager
CONSULTANT:

Robert Half International Inc.

Attn: Regional Vice President
3633 Inland Empire Blvd, Suite 955
Ontario, CA 91764-4922
With a copy to: Client Contracts Dept.

Bishop Ranch 3, 2603 Camino Ramon
San Ramon, CA 94583

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns

9 This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Reserved

32. Additional Terms
a. If City requires Consultant to perform background checks or other placements screenings of Professionals, City agrees to notify Consultant prior to the start of services under this Agreement. Consultant will conduct such checks or screenings online if they are described in a signed, written amendment to this Agreement. If City requests a copy of the results of any checks conducted on Consultant’s Professionals, City agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes.
b. In the event City wishes to convert any of Consultant’s Professionals, City agrees to pay a conversion fee in accordance with this Section. The conversion fee will equal 30% of the Professional’s aggregate compensation, including bonuses, for assignments through Consultant’s administrative & customer service practice group, and 35% of the Professional’s aggregate annual compensation, including bonuses, for assignments through Consultant’s finance & accounting contract talent practice group. City agrees to pay a conversion fee if Consultant’s Professional is hired by an affiliate or other related business entity as a result of City’s subsequent referral of the Professional or one of City’s customers as a result of Professional

10 providing services to the customer. The conversion fee is payable is City hires the Professional, regardless of the job classification, on either a full-time, temporary (including temporary assignments through another agency) or consulting basis within twelve months after the last day of the assignment. The same calculation will be used if City converts Consultant’s Professional on a part-time basis using the full-time equivalent salary; however, the conversion fee will not be less than $1,000.
c. Notwithstanding any language in this Agreement to the contrary (including any references to fixed-price, deliverables, acceptance of deliverables, or milestones). Consultant shall be compensated on a time and materials basis only. Consultant provided contract talent solutions and does not provide deliverables. City agrees to hold in confidence the identity of any Professional and the Professional’s resume, social security number and other legally protected personal information, and City agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use modification or disclosure. Any respective obligations of Consultant or City hereunder which by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive such termination, cancellation or expiration.
d. Notwithstanding anything to the contrary in this Agreement, Consultant shall not be liable for, or have any duty of indemnification with respect to any acts or omissions of City.

Notwithstanding anything in this Agreement to the contrary, Consultant’s maximum liability for any specific engagement, in any case, will not exceed the fees paid to Consultant for that engagement, except that this limitation on liability shall not apply to any indemnity obligations that Consultant may have under this Agreement.
e. This Agreement is only applicable to, and the only Robert Half International Inc. branch and practice group(s) obligated under this Agreement are, the administrative & customer service and finance & accounting contract talent practice group(s) of the branch office located at 3633 Inland Empire Blvd, Suite 955, Ontario, CA 91764-4922 [SIGNATURES ON FOLLOWING PAGE]

11 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND ROBERT HALF INTERNATIONAL

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

CITY OF UPLAND ROBERT HALF INTERNATIONAL INC.EOE

By: By:

Michael Blay
City Manager Its: Regional Vice President

Printed Name: Damian Garcia
(Two Signatures of Corporate Offices Required
for Corporations)

By:

Its: District President

Printed Name: Cyndi Karapogosian
ATTEST:

By:

Keri Johnson,
City Clerk

12 EXHIBIT A
Scope of Services

Consultant shall use best efforts to assign Professionals to perform the job functions requested by City. Consultant shall send City a job arrangement letter at the start of each assignment setting forth the Professional’s name, the estimated start date, the hourly bill rate, and the job function.

13 EXHIBIT B
Schedule of Charges/Payments

Hourly rates for all assignments will be agreed on a case-by-case basis. Professionals will present a time sheet or an electronic time record to City for verification and approval at the end of each week. Consultant will invoice City on a weekly cycle for the total hours worked.

Consultant’s invoices are due within 30 days of receipt, including applicable sales and service taxes all of which are payable by City. Consultant will include supporting documentation with each invoice. This is a time-and-materials contract. If applicable, overtime will be billed at 1.50 times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate. Consultant may charge City a fee for the provision of equipment or technology, if City requests that Professional use equipment or technology provided by Consultant. Consultant may also increase Consultant’s rates to reflect increases in Consultant’s cost of doing business, including costs associated with higher wages for workers and/or related taxes, benefits or other costs. Consultant will provide 14 days prior written notice of technology charges and/or increases in rates. Any increase in rates will be prospective, starting as of the effective date Consultant specifies.

City of Upland
FY23-24 Robert Half
Budgetary Impact
Position Department % assigned Org Salary & Benefits
2 MONTH COST

UNFILLED POSITION
Accountant Administration 65.00%101 1301 10,288
(Reclass from Senior Accountant FY23)5.00%201 2931 791

20.00%640 6201 3,165

5.00%641 6301 791

5.00%645 6402 791
100.00%15,827
3 MONTH COST

UNFILLED POSITION
Administrative Assistant Public Works 25.00%101 5201 4,803

25.00%640 6201 4,803

25.00%641 6301 4,803

25.00%645 6403 4,803
100.00%19,213
TOTAL 35,040

TOTAL BY FUND
General 15,091
Housing 791
Water Utility 7,969
Solid Waste Utility 5,595
Sewer Utility 5,595
35,040
Account Number Amount
Various Accounts (35,040)
Various Accounts 35,040
-
Proposed Amendment
Account Description
Personnel Cost
Contract Services

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF
MARCI E. WILLIAMS, POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR 800 MHZ RADIO SYSTEM ACCESS

AND MAINTENANCE

RECOMMENDED ACTION:

It is recommended that the City Council approve a contract with the County of San Bernardino to provide access and maintenance for the City of Upland 800 MHz radios effective July 1, 20 23 to June 30, 2028; and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City’s goal of providing safe and effective public safety for the citizens of Upland.

BACKGROUND
The Upland Police Department, Animal Services, and Public Works use the 800 MHz radio communications system, maintained by the County of San Bernardino, as their primary radio communications network. The City has traditionally agreed to pay a per-radio access and maintenance fee to the County. This contract will expire and needs to be renewed in order for the City of Upland to continue to receive telecommunication and network infrastructure access and services for the 800 MHz radios used by City personnel, predominantly police.

ISSUES AND ANALYSIS
The 800 MHz radio system allows for radio communications between police, fire, animal services dispatch centers, and personnel/units in the field. This system is critical for successful public safety operations in the City. There are currently no viable alternative options available for providing these services.

ENVIRONMENTAL DETERMINATION
Not a project.

FISCAL IMPACTS
The cost of radio access and maintenance is $634.16 per Dispatch Console (5 Consoles) and $54.38 (195 Units) per vehicle mounted or handheld 800 MHz radio, per month. The total annual cost of the contract is $1 67,425.16. The agreement has already been budgeted for FY 2023/24.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Standard Contract Page 1 of 8

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

Innovation and Technology Department

Department Contract Representative Adrian Danczyk
Telephone Number (909) 388-0534

Customer City of Upland (6000-00NF)
Customer Representative SGT Marci Williams
Telephone Number (909) 931-4106
Contract Term 7/1/2023 – 6/30/2028
Original Contract Amount Based on Actual Usage
Amendment Amount N/A
Total Contract Amount Based on Actual Usage
Cost Center Varies

INFORMATION TECHNOLOGY SERVICE REVENUE CONTRACT

This CONTRACT is entered into in the State of California by and between San Bernardino County, hereinafter called, “County”, and the City of Upland, hereinafter called “Customer”.

Name
City of Upland
Address
1499 W. 13th Street
Upland, CA 91786
Telephone
(909) 931 - 4106 Federal ID No. or Social Security No. 95-6000805

IT IS HEREBY AGREED AS FOLLOWS:

Contract Number

ITD-23013

SAP Number
N/A

Revised 1/10/23 Page 2 of 8

A. CONTRACTED SERVICES (Select all that apply):

General ITD Services (Attachment A)
Defined as all services contained in Attachment A “ITD Rate Sheet – External Customers” with exception to Public Safety Communication Services.

Public Safety Communications Services (Attachment B)
Defined under Public Safety Communication Services in Attachment B “ITD Rate Sheet – External Customers”.

Wide Area Network (WAN) Services (Attachment C)
Defined in Attachment C “Wide Area Network Services”.

B. PROVISION OF SERVICES
This is the County standard revenue contract to provide information technology services, hereinafter, “Services,” to Customer by the County Innovation and Technology Department, hereinafter, “ITD”.

Customer understands that County may elect to have other vendors provide similar professional services under other contracts.

All Services available under this Contract are listed in full in the Attachments and are detailed by Service name, Service description, rate, and charge measurement as applicable and as identified in the Attachments.

Services are initiated at Customer’s request, subject to ITD’s acceptance, and consist of the following types of charges, as further set forth in the Attachments:

B.1 Per item; one-time charge as requested.

B.2 Per month; per unit charge ongoing until Customer submits a request to cancel.

B.3 Per hour; per work order, project, or quote.

C. CUSTOMER RESPONSIBILITIES
Customer will:

C.1 Determine the Services needed, including any adjustments to ongoing Services.

C.2 Initiate or cancel any Services via submission of a Help Desk Ticket. Contact County Help Desk by calling: 909-884-4884 or [email protected] (email for non-urgent requests only).

C.3 Promptly inform County, in writing, of any pending changes in programs/funding applicable to Services provided herein.

D. COUNTY RESPONSIBILITIES
County will:

D.1 Provide the Services requested by Customer, subject to ITD’s approval, and in accordance with established work schedules and County Board of Supervisor (Board) approved service rates in effect at the time Service is provided.

D.2 Perform the Services in a workmanlike manner, but County assumes no liability for failure to provide or delay in providing Services under this Contract.

D.3 Furnish the necessary equipment and personnel to perform the Services, but County assumes no liability for equipment failure or adverse consequences cause by such failed equipment.

E. GENERAL CONTRACT REQUIREMENTS
E.1 Contract Amendments
Both parties agree that any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Customer and County.

E.2 Contract Assignability

Revised 1/10/23 Page 3 of 8
Without the prior written consent of the County, the Contract is not assignable by Customer either in whole or in part.

E.3 Permits
Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.

E.4 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

E.5 Change of Address
Customer shall notify the County, in writing, of any change in mailing address within ten (10) business days of the change.

E.6 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

E.7 Confidentiality
To the extent applicable, if Customer is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).

For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Customer must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Customer must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Customer must immediately provide to the County any notice provided by a consumer to Customer pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Customer must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

Customer shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Customer or an agent of Customer or otherwise made available to Customer or Customer’s agent in connection with this Contract; or, (2) information and/or data acquired, obtained, or learned by Customer or an agent of Customer regarding this Contract.

For the purposes of this provision and consistent with California Civil Code Section 1798.29, PII, is any information that can be used to distinguish or trace an individual’s identity, for example , any combination of name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.

E.8 Primary Point of Contact
Customer will designate an individual to serve as the primary point of contact for the Contract.

Customer shall not change the primary contact without prior written notice to the County.

Customer will also designate a back-up point of contact in the event the primary contact is not available.

E.9 Contract Authorization
Customer warrants and represents that the individual signing this Contract is a properly authorized representative of the Customer and has the full power and authority to enter into this Contract on the Customer’s behalf.

Revised 1/10/23 Page 4 of 8
E.10 County Representative
The County Chief Information Officer or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by County.

E.11 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is made in violation of the provisions of this Contract.

E.12 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

E.13 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

E.14 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the parties hereto, nor shall either party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

E.15 Release of Information
No news releases, advertisements, public announcements, or photographs arising out of the performance of the Contract or Customer’s relationship with County may be made or used without prior written approval of the County, as applicable.

E.16 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

E.17 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Services provided under this Contract is served upon Customer or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Customer and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed.

E.18 Termination for Convenience
The County and the Customer each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services provided hereunder. Upon such termination, payment will be made to the County for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice County shall promptly discontinue Services unless the notice directs otherwise.

E.19 Contract Exclusivity
This is not an exclusive Contract. Customer reserves the right to enter into a contract with other contractors for the same or similar services. The Customer does not guarantee or represent that

Revised 1/10/23 Page 5 of 8
the County will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

E.20 Information Dispute Resolution
In the event the Customer determines that Service in unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

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

E.21 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, and San Bernardino District.

F. TERM OF CONTRACT
This Contract is effective as of July 1, 2023 (Effective Date) and remains in effect for a period of five (5) years, unless terminated earlier in accordance with provisions of this Contract.

G. TERMINATION OR SUSPENSION OF SERVICES
G.1 Immediate Suspension, Uncured Termination
The County may, in its sole discretion and without prior notice, immediately suspend all or part of the Services for breach of any of the conditions identified below. The County will provide Customer a written notice of breach and allow the Customer 30 days to correct the condition giving rise to such breach. If the Customer fails to remedy the breach within the 30-day cure period, the County may immediately terminate the Services with no further notice required.

G.1.1 Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract. Customer shall ensure that it has all necessary licenses and permits required by the laws of the United States, State of California, County, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of the Agreement. Customer shall notify County immediately of loss or suspension of any such required licenses and permits.

G.1.2 Customer represents and warrants to County that (i) the information Customer provides in connection with registration for the Services is accurate and complete; (ii) Customer’s use of the System is not illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Customer’s use of the Services complies with all applicable laws, rules and regulations; (iv) Customer has obtained all consents and licenses required to legally access and use the System; (v) the execution and delivery of this Agreement will not conflict with, or violate any provision of, Customer’s charter, by-laws or other governing documents; and (vi) Customer has otherwise taken all necessary steps to legally execute this Agreement.

G.1.3 Customer agrees to abide by all existing and future security practices, policies and protocols established by the County, which the County has established to ensure the integrity of the System. Customer understands that the County closely monitors the System and may perform periodic security audits to provide insight into any potential abnormalities that may impact ensuring confidentiality, integrity, and availability.

G.1.4 Customer agrees to implement measures that are reasonable for Customer’s use of the System to prevent interference with the operation of the System. NEITHER COUNTY

Revised 1/10/23 Page 6 of 8

NOR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE

SUPPLIERS OR LICENSORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO, MISUSE OF, CUSTOMER’S INABILITY TO ACCESS, OR DAMAGE TO THE SYSTEM OR CUSTOMER’S FIELD EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY COUNTY’S NEGLIGENCE OR INTENTIONAL MISCONDUCT, UNLESS AND ONLY TO THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW.

G.2 Immediate Termination
The County may, in its sole discretion and without prior notice, immediately suspend or terminate all or part of the Services for any of the conditions identified below. The County will promptly provide Customer a written notice of termination or suspension of Services to Customer.

G.2.1 County discovers that Customer provided false registration information, or that Customer lacked the capacity to enter into this Agreement at the time of its consummation;

G.2.2 County determines, in its sole discretion, that Customer’s use of the Services poses a threat or an adverse effect to the security, privacy, or performance of the System or to any of County’s other users or suppliers;

G.2.3 County determines, in its sole discretion, that Customer’s use of the Services is illegal;

G.2.4 County reasonably believes that Customer’s use of the Services has or will subject County to civil or criminal liability;

G.2.5 Customer fails to make any payment when due; or

G.2.6 Customer breaches any of the other material terms and conditions in this Agreement.

H. FISCAL PROVISIONS
H.1 There is no minimum or maximum amount of payment under this Contract.

H.2 Services are charged equitably to all customers in accordance with State Controller's Handbook of Cost Plan Procedures for California Counties.

H.3 Charges will be based on actual usage at the rates effective at the time Services are rendered (see Attachment A “ITD Rate Sheet – External Customers” and Attachment C “Wide Area Network Services”, if applicable). Rates are reviewed and subject to change annually based on the cost to provide services to Customers and are effective July 1st of each year. Rates are also subject to change throughout the year via a mid-year rate change, if deemed appropriate based on the cost to provide services to Customers being significantly higher or lower than anticipated during the annual review. County will not amend this Contract due to rate changes or changes in usage amounts by Customer. Attachment A includes the list of County service rates effective at the time this Contract is entered into. County will attempt to provide at least thirty (30) days advance written notice of any rate change, which will be sent to Customer at the following address:

City of Upland
ATTN: Contracts Management and Accounts Payable
1499 W. 13th Street
Upland, CA 91786

H.4 Services will be billed on a monthly basis for actual expenses incurred and claimed by ITD for the preceding month.

H.4.1 For Customers that use the County’s Enterprise Financial Management System:

Monthly charges will be handled by an automated transfer processed by ITD via the County’s Enterprise Financial Management System. A copy of the billing statement can be accessed via the ITD Billing System by Customer, provided that Customer has the necessary permission on the County’s network.

Revised 1/10/23 Page 7 of 8
H.4.2 For Customers that do not use the County’s Enterprise Finance Management System:

County will mail an invoice on a monthly basis starting on the Effective Date of this Contract, or starting on the installation or implementation date, if applicable. Payment shall be due sixty (60) days from date of invoice.

Payment can be made by check or electronic funds transfer (EFT). Checks shall be made payable to San Bernardino County. Customers requesting to make payments to County via electronic funds transfer (EFT) directly deposited into the County’s designated bank account shall provide County with instructions to process EFT payments.

Payment address is:

Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services

I. DEFAULT
If the Customer does not make timely payment of amounts due under this Contract or breaches any term or condition of this Contract, County may declare immediately due and payable the entire unpaid amount, plus all other amounts due hereunder, less any unearned charges.

J. INDEMNIFICATION
The County agrees to defend and indemnify the Customer and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely out of the acts, errors or omissions of County in the performance of this Agreement, except where such indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Contract. Customer shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. Customer hereby agrees to defend and indemnify the County, its agents, officers and employees from any claim, action, or proceeding against County, arising solely out of the acts or omissions of Customer in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Customer of any obligation imposed by this Contract.

County shall notify Customer promptly of any claim, action or proceeding and cooperate fully in the defense. In the event that County and/or Customer are determined to be comparatively at fault for any claim, action, loss or damage that results from their respective obligations under this Agreement, County and/or Customer shall indemnify the other to the extent of its comparative fault.

K. INSURANCE
County is an authorized self-insured public entity for purposes of General Liability and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

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

San Bernardino County
Innovation and Technology Department
City of Upland
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
1499 W. 13th Street
Upland, CA 91786
Attn: Administration Services Attn: Sue Gutierrez

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

Revised 1/10/23 Page 8 of 8
M. FORCE MAJEURE
Except for payment obligations and as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. County shall not be held liable for any delay or failure in performance of any part of this Contract from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.

N. ENTIRE AGREEMENT
This Contract, including all Attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

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

FOR COUNTY USE ONLY

SAN BERNARDINO COUNTY

City of Upland

By

Jake Cordova, Interim Chief Information Officer (Authorized signature - sign in blue ink) Dated: ____________________

Name

(Print or type name of person signing contract)

Title
(Print or Type)
Dated:

Address

Approved as to Legal Form

County Counsel
Date

Standard Contract Page 1 of 1

ATTACHMENT A
ITD RATE SHEET – EXTERNAL CUSTOMERS
2022-23 Approved Rates

Service Service Description
Business Solutions Development
Business Solutions Labor
Services
Hourly labor programming services for the development, enhancement and maintenance of business solutions on a variety of hardware and software platforms.

Computer Operations
CPU Usage Access to applications and processing of data on the enterprise server.

Network Labor Services Hourly labor services for Local Area Network and Wi-Fi services. Includes labor services to connect a location to the Wide Area Network (WAN) via the Internet and to connect a site to the County’s WAN.

Customer is responsible for all costs related to circuit installation, ongoing circuit charges, and office cabling.

Payroll System Services (EMACS) Maintenance, support, and enhancements of the EMACS system and infrastructure.

Virtual Private Network (VPN) Access for a single user to remotely connect to the wide area network.

Geographic Information System
Aerial Imagery Augments and enhances GIS data visualization tools, applications and solutions developed for County departments and the public.

Telecommunication Services
Public Safety Communications Services:

Dispatch Console Access,
Maintenance, and Replacement
Repair, maintenance, programming, and replacement of Motorola radio dispatch console equipment.

Pager Access Access for a single pager to connect to the County's Digital Paging System.

Radio Access and Maintenance Access for a single radio connected to the County's Public Safety Radio frequencies and repair and maintenance of that radio or radio's accessories, excluding batteries; covers normal wear and tear.

Radio Labor Services Hourly labor services for installation and repair of radio and other related equipment in vehicles, not including materials; or escort of other government agencies to County communication sites to access their equipment.

Radio Mobile Data Access Access and maintenance for radio modems in vehicles.

Telephone Services:

Dial Tone Single line telephone services. Includes voicemail, local, long distance, Telephone Service Specialist consulting services, and software changes.

Telecommunication Labor
Services – Normal Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – Normal Hours (Monday through Friday, 7:00 am – 5:00 pm, excluding weekends and holidays).

Telecommunication Labor
Services – After Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – After Hours (Monday through Friday, 5:00 pm – 7:00 am, and all weekends and holidays).

All Funds
Parts and Materials Parts and Materials provided per customer request.

Service 2022-23 Rate Charge Measurement
Business Solutions Development
Business Solutions Labor Services $134.58 Per hour
Computer Operations
CPU Usage $94.78 Per CPU hour
Network Labor Services $127.40 Per hour
Payroll System Services (EMACS) $6.49 Per payroll warrant Virtual Private Network (VPN) $4.43 Per VPN/month
Geographic Information System
Aerial Imagery Cost Pass Through Per customer
Telecommunication Services
Public Safety Communications Services:

Dispatch Console Access, Maintenance, and Replacement $634.16 Per console/month Pager Access $15.45 Per pager/month
Radio Access and Maintenance $54.38 Per radio/month
Radio Labor Services $84.73 Per hour
Radio Mobile Data Access $103.58 Per modem/month
Telephone Services:

Dial Tone $28.34 Per phone/month
Telecommunication Labor Services – Normal Hours $86.95 Per hour Telecommunication Labor Services – After Hours $100.52 Per hour All Funds
Parts and Materials
Actual cost plus 15%
processing and
handling Per order

Revised 1/10/23 Page 1 of 3

ATTACHMENT B

PUBLIC SAFETY COMMUNICATIONS SERVICES

I. SERVICES UNDER THIS ATTACHMENT
This Attachment B is applicable for Public Safety Communications services which consist of the following services as defined in Attachment A, “ITD Rate Sheet – External Customers”, and as further defined within this Attachment B:

Dispatch Console Access, Maintenance, and Replacement
Pager Access
Radio Access and Maintenance
Radio Labor Services
Radio Mobile Data Access

II. SAN BERNARDINO COUNTY PUBLIC SAFETY COMMUNICATIONS SYSTEM ACCESS The San Bernardino County (County) Public Safety Communications System, hereinafter called “System”, is composed of two components known as the backbone and field equipment. The Backbone is defined as a portion of the System that provides the means by which dispatch centers, public safety locations, mobile radios, and portable radios communicate with each other through voice transmission. It is composed primarily of fixed relay equipment and associated centralized dispatch and control equipment, including R adio Mobile Data Access modems owned and maintained by the County. Field Equipment is defined as that portion of the System that uses the Backbone for communications and consists primarily of local dispatch equipment, mobile radios, and portable radios.

a) System Purpose and Objective
The primary purpose of the System is to serve the County and accommodate participation by public safety and local governmental agencies in the County. Secondarily, other governmental and safety related non - governmental users may be allowed access to the System as conditions warrant and as provided for by this Contract. During a disaster, public safety users will receive priority in all areas, based entirely on emergency response responsibilities and access to the System by non-public safety users may be limited or suspended.

b) Backbone Operational Policies
Public safety and local governmental users shall have operational priority over all other users. In the case of a disaster, public safety users affected by the disaster shall hav e operational priority over all other public safety users, with County public safety users afforded the highest priority.

County has the final authority, at all times, to exercise discretionary control over the Backbone, and to otherwise manage Backbone traffic to ensure the ability of immediate-need public safety agencies to effectively communicate and for the overall benefit of all Backbone users. EXCEPT FOR GROSSLY NEGLIENT ACTS OR

OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS SECTION, THE COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM ALLOCATION DECISIONS.

c) Backbone Modification (Post Backbone Implementation) (i) The County may determine that Backbone modification is needed from time to time to meet the changing needs of County and/or users.

(ii) Costs for Backbone modifications made after the execution of this Agreement shall be assessed as follows:

(a) If the modification benefits all users, each user will bear the pro rata cost of the modification based on the user’s derived benefit. Derived benefit shall be determined as a percentage based on the number of units that are in service by each end user divided by the total units being serviced by the Backbone infrastructure at the time the modification is made.

(b) If the modification improves service only for users in a definable local area, all users in such definable local area, and participating in and receiving direct benefit from the modification, shall share the costs for its implementation, operation, and maintenance equally.

(c) If the modification only applies to a specific subset of users, the subset of users that caused the modification shall share the costs of the modification its implementation, operation, and maintenance equally.

Revised 1/10/23 Page 1 of 3

(d) if the modification is requested by, and benefits only Customer, Customer shall bear the entire cost of the modification, its implementation, operation, and maintenance.

(iii) Customer acknowledges and agrees that the County is the sole decision-maker in determining the allocation of costs for all Backbone modifications.

d) Field Equipment
(i) Customer shall, at Customer’s expense and future financial liability, purchase and maintain its own Field Equipment.

(ii) Customer shall, at Customer’s expense, expand or modify existing Customer structures, facilities, or dispatch centers as required to support the installation of Customer’s Field Equipment.

(iii) Customer is solely responsible for ensuring that the Field Equipment is compatible with the System.

e) Related Non-Governmental Users
(i) At times, Customer’s non-governmental users may have a need to communicate with public safety/local government services during emergencies, or in their daily support of public sa fety/local government services.

Where it is not in conflict with Federal Communications Commission (FCC) Regulations or other laws, and subject to approval by County, Customer’s non-governmental users may be allowed to have Backbone access. However, Customer’s non-governmental use of the Backbone for day-to-day operations shall be on a non-interfering, prioritized basis, and subject to channel loading limits, as determined by County.

(ii) County shall be responsible for coordinating Backbone access and implementing terms and conditions of such use, including one-time and recurring costs to be paid by new users.

(iii) County shall monitor non-governmental users of the Backbone. If the needs of public safety/local government expand to the point of competition with non-governmental use of the Backbone, Customer’s non-governmental users may be required by the County to terminate their use of the Backbone.

(iv) Customer’s non-governmental users will be removed in reverse order of their entry into the System, i.e., the last user to enter the System will be the first user to be removed unless any other Customer’s non - governmental user voluntarily relinquishes access.

(v) County will provide Customer ninety (90) days prior written notice of termination of access to allow Customer’s non-governmental users to remove their equipment or transfer their operations to another communications system. At the expiration of the notice period, the Customer’s non -governmental users will be denied access to the System.

f) Backbone Ownership
It is understood that County has ownership of the Backbone, and upon any termination of this Agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall remain with the County.

III. PUBLIC SAFETY RADIO AND EQUIPMENT MAINTENANCE SERVICES The County Innovation and Technology Department (ITD) offers a number of radio and equipment maintenance services to public safety and local governmental agencies in the County of San Bernardino, as well as other governmental and safety-related non-governmental users. Services provided under this Contract consist of Public Safety Radio, Backbone radio equipment maintenance, radio, mobile/portable radio equipment maintenance, Mobile Data Access Modems maintenance, public safety radio dispatch equipment maintenance, and radio battery replacement.

a) County Responsibilities in Providing Maintenance Services If providing maintenance services to Customer, ITD:

(i) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from service for maintenance reasons;

(ii) Will remove, reinstall, and maintain Customer-owned radios or other covered equipment that has become defective from normal wear and usage, as solely determined by ITD, and perform repairs at ITD or elsewhere as determined by ITD;

Revised 1/10/23 Page 1 of 3
(iii) Will provide a two-hour response time from notification for problems with radio dispatch equipment and Backbone radio equipment, and reasonable response time during normal County work hours on normal County business days for maintenance of Mobile Data Access Modems, and mobile/portable radios with afterhours service available at premium rates;

(iv) Reserves the right to subcontract for all or part of services;

(v) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by such failed equipment;

(vi) Assumes no liability for failure to provide or delay in providing services, under this Agreement.

b) County Services Provided on a Time and Materials Basis (i) Service required due to Customer abuse or abnormal wear;

(ii) Service to correct attempts by Customer or unauthorized third parties to repair or modify equipment;

(iii) Facility electrical problems at Customer location(s) or vehicle electrical problems;

(iv) Services in addition to those identified above, to the extent feasible and cost -effective, as determined by ITD;

(v) Program or re-program radios at Customer’s request or in response to abnormal wear and usage, except for County-originated systems reconfigurations;

(vi) Replacement of accessories and consumable items, including batteries, antennas, and microphone cords;

(vii) Radio reactivations are processed within 5 business days after the request is received and are billed for each serial number reactivated at one-half of the Board-approved hourly rate in effect at the time reactivation is ordered.

c) Customer Responsibilities
Customer shall procure its own Field Equipment and shall:

(i) Provide ITD with model and serial numbers of all equipment to be covered under this Contract.

(ii) Designate an individual as the single point of contact for maintenance coordination.

(iii) Coordinate and schedule service requirements with ITD reasonably in advance whenever possible.

(iv) Advise ITD of all radio relocations or reassignments within their fleet, within 24 -hours of relocation or reassignment.

(v) Have sole responsibility to maintain a current inventory of its Field Equipment using the System and to approve and validate billing of that inventory. Customer must notify ITD in writing when any Field Equipment is no longer in use by Customer, including notification of damaged, lost, or stolen Field Equipment. ITD will continue to bill Customer until notification is received, and Customer remains responsible for payment of charges for such Field Equipment. If Customer identifies discrepancies between billing and its inventory, a dispute notice should be sent by e-mail to [email protected] along with a justification and related documentation. If ITD determines that a charge was billed incorrectly, ITD will issue the applicable credit on the next monthly billing cycle.

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF
ANDREW R. MCCULLOUGH, POLICE SERGEANT
SUBJECT: CONSIDER ACCEPTING THE OFFICER WELLNESS AND MENTAL HEALTH GRANT

PROGRAM AND APPROPRIATE THE FUNDING

RECOMMENDED ACTION:

It is recommended that the City Council accept the State of California State and Community Corrections grant funds and authorize the appropriation of the $45,635.37 to purchase fitness equipme nt and facilitate officer wellness.

GOAL STATEMENT:

The proposed action supports the City’s goal of promoting officer mental wellness and physical fitness. In doing so, providing safe and effective law enforcement services for the residents of Upland

BACKGROUND:

The Board of State and Community Corrections Officer Wellness and Mental Health Grant Program was established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022). The agency dispersed $50 million to city and county law enforcement agencies. The Upland Police Department was awarded $45,635.37. The purpose of these funds is to promote physical and mental health resources for police officers .

ISSUES AND ANALYSIS
By accepting this grant, the Upland Police Department will be able to pay for new fitness equipment ($42,635.37) and grant-approved officer wellness training ($3,000). Existing fitness equipment received via donations or by a purchase of the Upland Police Officers’ Association is outdated, dilapidated, or broken. Some of the equipment is not rated for industrial use, which limits its usefulness and life.

The purchase of new, industrial-rated equipment will entice more members of the Police Department to use the equipment. There are currently 125 members (allotted 156) of the Upland Police Department that have access to the department’s gym. Some of these 125 members use the gym to stay physically fit based on their job description in law enforcement and relieve the stress they undertake daily. The grant-approved officer wellness training will help officers deal with issues such as depression, anxiety, stress management, and many other topics that law enforcement officers face.

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 recommended action will provide for a $45,635.37 increase in state grant revenue and equipment and training expenses in Fund 217. There is no fiscal impact to the General Fund.

ALTERNATIVES:

Provide alternative direction to staff.

CEQA: Not a project.

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR

JAMIE DAVIDSON, MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH

ANNEALTA GROUP

RECOMMENDED ACTION:

It is recommended that the City Council approve the Professional Services Agreement with Annealta Group for consultant services not to exceed $305,000 annually for the next three fiscal years, and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City’s goal to provide timely customer service and ensure an expedited development review process.

BACKGROUND
Since 2014, the Development Services Department has utilized professional consulting services to provide improved customer service and flexible contract staffing in a fluctuating project workload environment. The professional services under the Agreement have helped to streamline the development review and entitlement process and the building permitting process. Developer deposits are collected to partially offset General Fund expenditures for the consultant services. The decision to utilize consultant services was based on a 2014 Blue Ribbon Committee’s recommendation and Upland's staffing levels being typically lower than similar sized cities. Using contract employees allows the Development Services Department to better respond to changing demands for services from the development community.

Since July 1, 2017, Annealta Group has provided professional services for a part -time contract Senior Planner in the Planning Division, and full-time contract Building Permit Technician in the Building & Safety Divisi on. Previously, the City and Annealta Group entered into a 3-year contract with the mutual option of three (3) one-year additional terms. All extensions have been utilized with the final extension approved by the City Council on June 13, 2022.

Below is a summary of the previous contract history with Annealta:
 On November 23, 2015, the City Council approved a 1-year Professional Services Agreement with Annealta Group for part-time Planning Services, with the potential for three (3) one-year additional terms upon mutual agreement.
 On July 1, 2017, the City Council approved a 3 -year contract, not to exceed $250,000, with the potential for three (3) one-year additional terms upon mutual agreement.  On August 13, 2018, the City Council approved an Amendment to the Agreement to clarify the total funding plan over the three-year term with a “not to exceed” total of $1,375,000, which consisted of $374,951 for FY 2017-18, $462,480 for FY 2018-19 and $537,569 for FY 2019-20.  On May 26, 2020, the City Council approved a Second Amendment to the Agreement which utilized the first of three, one-year extensions and extended the term of the Agreement from July 1, 2020, to July 1, 2021, at a “not to exceed” amount of $336,640.
 On May 10, 2021, the City Council approved a Third Amendment to the Agreement which utilized the second of three, one-year extensions and extended the term of the Agreement from July 1, 2021, to July 1, 2022, at a “not to exceed” amount of $305,000.
 On April 7, 2022, the City Manager approved an increase of 2% or $6,100 to the Third Amendment, amending the “not to exceed” amount to $311,100 to maintain our level of service.

ISSUES AND ANALYSIS
Since November 2015, Annealta’s assigned staff members have provided excellent service to the Development Services Department in a thorough and professional manner, and significantly contribute to the Department’s ability to efficiently serve our customers and market demands. The Senior Planner will be assigned complex planning cases and will be tasked to process several rezonings based on the work program in the 2021-2029 Housing Element Update.

The Building Permit Technician handles a significant workload in processing building permits and is the ma in point of contact who deals with the developers, contractors, and property owners over the phone and at the counter daily.

Therefore, to maintain the level of service, it is necessary to authorize a three -year Professional Services Agreement with Annealta for the term of July 1, 2023 through June 30, 2026 for two contract staff at a “not to exceed” amount of $305,000. This is based on a cost for the part-time contract Senior Planner at $166,400 ($160/hour for 1,040 hours) and the full-time Building Permit Technician III at $145,600 ($70/hour for 2,080 hours), plus staff anticipates consultants taking time off, resulting in a reduction of $7,000. These rates would be secured for three years and the optional years four and five would be subject to a Consumer Price Index increase. In staff’s experience and based on a recent survey from other consulting firms, the hourly rates provided by Annealta Group is superior to other consulting firms.

Development Services anticipated and incorporated a standard increase to the rates as a part of the FY 23/24 operating budget. After the operating budget was finalized, Annealta Group provided the City with a higher than anticipated rate increase, explaining their rate increases as being a result of higher costs of doing business and an inflationary economic environment. Development Services will complete a needs assessment prior to the FY 23/24 midyear budget, and should the forecasted assistance still be needed, the $39,600 that is not included in the FY 23/24 operating budget will be addressed at that time.

ENVIRONMENTAL DETERMINATION
The Professional Services Agreement for contract staff is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15379(b)(5) of the CEQA Guidelines, which states that organizational or administrative activities of a government which do not result in direct or indirect physical changes in the environmental is not a project under CEQA.

FISCAL IMPACTS
The proposed Professional Services Agreement with Annealta Group will not exceed $305,000 annually. Funding in the FY 23/24 operating budget is only $265,400 - $125,000 from Building (101-2201), and $140,400 from Planning (101-2205). If the Housing Element Update is approved by July 2023, there is a p otential for the City’s approved Local Early Action Planning Grant (LEAP) (Fund 217) to offset the General Fund up to $28,800 for time spent in July and August for the legislative zoning changes identified in the Housing Element.

Funding for future years will be addressed in subsequent budgets, but is not intended to exceed $305,000 each year.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 12, 2023 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and Annealta Group, a Corporation, with its principal place of business at 5151 Oceanus Drive, Suite 103, Huntington beach, CA 92649 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Professional Planning and Building & Safety services in support of the Development Services Department (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” Rates in the Schedule of Charges shall remain constant through June 30, 2026 and are subject to a Consumer Price Index (CPI) increase for any subsequent years.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $305,000 annually. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or thirty thousand five hundred dollars ($30,500.00) annually. In no event shall the annual total sum of the agreement (original compensation amount and additional work) exceed three hundred thirty-five thousand five

2 hundred dollars ($335,500.00). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. Term.

The term of this Agreement shall be from July 1, 2023 to June 30, 2026 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project by two (2) additional one-year terms.

Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

3 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

4 a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.

5 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits.

6 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City

7 and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts,

8 errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend,

9 indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Tim D’Zmura as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

10 20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

DISTRICT:

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

Annealta Group
5151 Oceanus Drive, Ste. 103
Huntington Beach, CA 92649
Attn: Tim D’Zmura,
President/CEO

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

11 26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND ANNELATA GROUP

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

CITY OF UPLAND ANNEALTA GROUP

By: By:

Michael Blay, City Manager Its:

Printed Name:

ATTEST:

By:

Keri Johnson, City Clerk

13 EXHIBIT A
Scope of Services

ANNEALTA GROUP

STATEMENT OF QUALIFICATIONS TO PROVIDE
Professional Planning and
Building & Safety Services

PREPARED FOR
City of Upland

Robert D. Dalquest, AICP, MPA, MURP
Development Services Director
City of Upland
460 N. Euclid Avenue
Upland, CA 91786

SUBMITTED BY

ANNEALTA GROUP
Tim D’Zmura, PE, CBO, AICP
President/CEO
714.661.5761
[email protected]

Table of Contents

SECTION 1
Cover Letter & Contact Information ........................................................................ 1

SECTION 2
Overview of the Firm ...................................................................................................... 3

SECTION 3
Staffing and Organization ............................................................................................. 8

SECTION 4
Detailed Work Plan ......................................................................................................... 12

SECTION 5
Fee Schedule ..................................................................................................................... 22

SECTION 6
References .......................................................................................................................... 23

APPENDIX
Resumes

1 | Page ANNEALTA GROUP

SECTION 1
Cover Letter & Contract Information

May 12, 2023

Robert D. Dalquest, AICP, MPA, MURP
Development Services Director
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Re: Statement of Qualifications to Provide Professional Planning and Building & Safety Consultant Services

Dear Bob,
Annealta Group is pleased to submit our Statement of Qualifications to provide Professional Planning and Building & Safety Services to support the Development Services Department of the City of Upland. We greatly appreciate the City’s consideration of our unique qualifications and experience for this important role.

Annealta focuses on providing the expertise required to assist our clients with professional services tailored to their specific and unique needs. Spanning critical municipal service areas including public works, city engineering, planning and building and safety, our team of experts bring a wealth of expertise in their respective fields. Serving in the capacity as an extension staff, we are committed to achieving your organization's goals and overcoming challenges that many assignments encounter. Our client references can attest to our successful track record of the delivery of services and projects on time and within budget in a customer friendly manner!
Annealta’s unique combination of qualifications, experience and certifications will enable us to work effectively with the Planning Department as well as other city departments in the successful delivery of projects for the City. Our company formed in response to client demands for focused services provided by smaller, principal led firms as opposed to some untailored services provided by larger corporations in the market place. Our staff has a proven track record of successfully delivering projects and effectively coordinating with other city departments as project issues and deadlines dictate.

We view the keys to serving the City of Upland as follows:
 Providing staff with the “right” qualifications and experience so they can fit seamlessly into the existing organization and hit the ground running
 Assigning experienced and qualified staff to ensure project reviews are conducted efficiently and effectively  Investing the time and commitment in reviewing and learning the key issues on every assigned project  Being sensitive to and incorporating into our business methods, Upland’s policies and procedures

2 | Page ANNEALTA GROUP

We believe we are the best choice for the City for the following reasons:
 We have successfully served the City for the past seven years and have developed a working knowledge of many of the city’s policies and procedures.
 Annealta Group is large enough to provide all of the required expertise – including current planning, advanced planning, building & safety including plan review, inspection, technicians - yet small enough to provide tailored, client centric services as needed by the City  We provide highly structured and detailed billing for development /deposit-based tracking that saves the City money
 Lastly, our services are led by a dedicated project manager/principal in charge who is a PE, CBO and AICP – a unique skill set that will enable him to effectively manage staff on the wide variety of potential tasks and responsibilities thereby lessening the burden on the department director.

Please don’t hesitate to contact me directly if you have any questions or would like additional information about how we can assist.

We greatly appreciate this opportunity to present our qualifications for your consideration!

Sincerely,

Tim D’Zmura, PE, CBO, AICP
President/CEO

Contact
Tim D’Zmura, PE, CBO, AICP
President/CEO
714.625.5840
[email protected]

3 | Page ANNEALTA GROUP

SECTION 2
Overview of the Firm

OVERVIEW OF FIRM
Annealta focuses on providing the expertise required to assist our clients with professional services tailored to their specific and unique needs. Spanning critical municipal service areas including public works, city engineering, planning and building and safety, our team of experts bring a wealth of expertise in their respective fields. Serving in the capacity as an extension staff, we are committed to achieving your
organization's goals and overcoming challenges that many assignments encounter. Our client references can attest to our successful track record of the delivery of services and projects on time and within budget in a customer friendly manner! Annealta’s unique combination of qualifications, experience and certifications will enable us to work effectively with the Community Development Department as well as other city
departments in the successful delivery of projects for the City.

Our company formed in response to client demands for focused services provided by smaller, principal led firms as opposed to some untailored services provided by larger corporations in the market place. Our staff has a proven track record of successfully delivering projects and effectively coordinating with other city departments as project issues and deadlines dictate.

We provide the following services to cities/counties:
 Building Inspection
 Plan Review
 Planning
 Program Management
 Project Management
 Construction Management
 Construction Inspection
 Organizational Assessments

ANNEALTA GROUP’S STRENGTHS
Today’s development environment can place increased demands on city staffing resources. Annealta Group can help alleviate or minimize this staffing resource burden and at the same time provide a high level of customer service in a budget friendly manner and we possess the ability to adjust service levels as needed. We fully understand these resource demands, have experience in successfully providing services under these conditions and are committed to working for you and the residents of the City.

We propose to provide the City the following fundamental elements:
 Customer service. One of the keys to the success of your department is providing your customers (residents, architects, engineers, contractors) with excellent service. We are committed to providing a level of service to you and your constituents that will meet or exceed your expectations.

Annealta Group is
proud to
announce that we
were recently
named one of the
Fastest Growing
Small Companies
in Southern
California!

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 Tailored, City-specific services. We deliver skilled and thorough planning services. Experienced staff will be assigned to projects that possess both the technical know-how and communication skills necessary to effectively process projects according to City policies and procedures.  Effective Coordination with other City Departments. We are proud of our staff’s track record of effectively communicating and coordinating with other City divisions and departments. We understand the one stop shop approach to providing a high level of service to residents and developers alike.  Project Controls. The services we provide are always closely coordinated and monitored to ensure we meet or exceed the service levels desired by the City, but also stay within the financial capacity of your operating budget. We have broad experience and “hands on” knowledge of municipal budgeting, specifically related to expenditures and cost recovery associated with private development processing and permitting.

We will work in close partnership with the City, tailoring our services and deployment of staff to match the allocated budget.

Annealta’s staff strengths are:
 Track record of delivering projects on time and within budget  Small firm commitment to getting the job done right
 Transparent and ethical methods for delivery of services  A hands-on principal
 Unique experience collaborating with internal departments to assist in problem solving and project delivery

EXPERIENCE - SIMILAR SERVICES
Our staff has significant and relevant experience in serving municipalities on a wide-range of assignments in a variety of roles. Our unique experience, including serving in the management roles of Planning Director, Public Works Director, City Engineer, Building Official, provides us a different perspective that aids us in the successful delivery of projects to our clients. Below are some samples of staff’s specific project experience in similar roles:

City of Upland –Building & Safety and Planning Services 2015 – Present
Annealta Group provides planning and building and
safety services to the City of Upland. Our staff serves as an extension of the City’s in-house planning and building department; and has since 2015. Currently, we have a
full-time, onsite Permit Technician supporting the building department providing front counter support assisting with permit issuance, plan review and customer service. For
planning, staff assisted in the review of new development projects and special programs in the areas of current
planning which includes design review, site development

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review applications, sign regulation, variances, CUPs, historic preservation, coordination of CEQA/NEPA preparation, Planning Commission and City Council staff report preparation. Some of our projects include:

Bridge Development Partners, LLC - This project involves the construction of a new warehouse/parcel delivery service building with an ancillary office/retail space on 50.25 acres.

The project will be one level and encompass approximately a total of 201,096 square feet. The office/retail component will include an office area for employees and a retail area for visitors to pick up pre-ordered packages. The western
building frontage includes 16 dock-hi doors for trucks, and 8 van loading doors to be located on each of the northern and southern building frontages.

Upland Town Square 913 W. Foothill Boulevard. Project included demolition of two (2) existing buildings and replace them with a new 10,000 square foot/5 suites mixed use building.

The Magnolias at 1555 W. Foothill Boulevard. The project is development of 37 condominiums units in six building`s that will range from 1623-1676 square feet, with 2 to 3 Bedrooms, 2.5 Baths, and attached garages.

Alta Apartments 1162 E. 19th Street. Project is for 203 for-rent apartments in 2 four-story buildings. 1-3 Bedrooms. Development site is on a 4.50-acre site.

Highline by Watt Communities (Williams Homes) Location: 1814 N Campus Avenue. – Project features a collection of 48 3-story townhomes in 10 buildings with open floor plans range from approximately 1,838 – 2,028 square feet and feature 3-4 bedrooms, and a loft.

Colony Condos 1160 E. 19th Street. - A 60 unit for sale condominium development. The project will consist of 7 levels of residential units and resident serving amenities over 2 levels of subterranean garage.

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Colonies Campus Center on E. 20th Street. An 8,825 square foot mixed use commercial building with five (5) suites. Two (2) of the suites would be for retail businesses, while the other three (3) suites would be for eating establishments. One of the eating establishment suites would have a drive- through lane and pickup window on
City of Industry –Building & Safety and Planning Services 2017 – Present
Annealta Group provides a variety of
services including planning, engineering
development services inspection
including grading and storm water
compliance, engineering plan check and
building services. For planning, we
assist Industry in the review of new
development projects and special
programs. Specifically, we serve as an
extension of the City’s in-house planning
staff. Annealta staff provide counter and
phone planning assistance, current planning consultations, design review, processing of site development review applications, sign regulation, variances, CUPs, some GIS support, coordination of CEQA/NEPA preparation, Planning Commission and City Council staff report preparation. Staff also developed this ArcGIS interactive zoning map for the city. Additionally, we provide development related inspections and permit technician services supporting the Building Department with front counter support, minor plan review, permit processing and customer service. Supporting the Public Works department, our on-site staff provides engineering plan review for a variety of development projects.

We also perform storm water compliance inspections for the city according to the city’s MS4 Permit. Our focus has been on industrial and commercial inspections.

City of Cypress – Planning and Project Management
2017-present
Tim D’Zmura, and various support staff, provide a variety of planning and public works services to assist the City in the review of new development projects and implementation of special projects. As a member of the City’s on call planning consultant team, Annealta has prepared and IS/MND for a proposed Self-Storage Project on Valley View Street. Public Works on call services have included project management for the Annual Concrete Rehabilitation Project $400K and the City Hall HVAC Upgrade Project $300K.

City of Moreno Valley – Planning
2018-2020
Annealta Group was selected by the City to provide as-needed planning plan check and entitlement services. Seda Yaghoubian provides high quality planning plan check services which includes; plan review of architectural site plans, elevations, technical report, environmental technical studies, landscape plans, subdivision maps and other documentation associated with applications for land use entitlements. Her reviews focus on compliance with the City

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of Moreno Valley General Plan, all local ordinances and state and federal laws pertaining to planning, zoning and environmental quality.

City of Villa Park – Building & Safety
2020 - Present
Annealta was selected to provide on call services for building safety, planning and public works for the city. Recent assignments included providing an interim Building Official to assist with managing the building department and staff.

Services also included providing excellent front counter service and thorough building inspections.

City of Orange – Building & Safety
2017 - Present
Annealta Group provides building inspection services, which include inspecting building/structural, mechanical, plumbing, electrical and combination inspections of buildings and structures to ensure they are adhering to the California Building, Mechanical, Plumbing, Electrical, Green Building, Energy Codes and City codes and ordinances.

Sample project we have worked on includes:

Ophelia Apartments - The project involves construction of a new five- level, 262-unit apartment building wrapped around six full levels and one partial level parking structure. The ground floor of the apartment building also contains a leasing office, and combination clubhouse/fitness room.

Amenities also include a pool courtyard, a recreational area on the west side of the office parking structure, and a dog park on the north side of the office parking structure.

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SECTION 3
Staffing and Organization

KEY PERSONNEL
It is our understanding that as needs arise due to increases in development activity and/or vacancies within the department, the City will contact the consultant(s) to respond to a detailed request and provide a specific staffing candidate and cost. Based on the City’s request, we will propose the best suited staff that has the skillset aligned with the critical aspects of the specific need. Staff proposed will be experienced at working in a municipal environment, nurturing positive relationships with affected parties, and collaborating with both internal and external stakeholders to deliver the project on time and within budget. Of critical importance will be the assigned staff’s ability to effectively communicate project issues to the City Project Managers and Directors to avoid any surprises on the project. We will work carefully with the City to adjust the staffing level as workload and vacancy levels dictate.

City of Upland
Tim D’Zmura, PE, CBO, AICP
Principal in Charge

BUILDING & SAFETY
Tony Elmo, CBO
Young Park PE, QSP/QSD
Bill Tarin
Murray McCool
David Harnden
Monica Ornela
Cindy Montero

PLANNING
Mike Poland
Jerry Guarracino, AICP
Laura Vander Nuet
Dina Lomeli
Eduardo Manriquez
Nathalie Vazquez

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KEY STAFF BIOGRAPHIES
Annealta is pleased to propose the following individuals to serve the City. Each individual has been selected based on their experience, expertise and knowledge of municipal project delivery and plan review process. We have included a team of professionals ready to serve in the capacity of planning manager, principal planner, plan checker, assistant planner and planning technician. The following individuals would be available to serve the City depending on the schedule and specific need of the City.

Tim D’Zmura, PE, CBO, AICP │PRINCIPAL IN CHARGE
Tim brings more than 30 years’ experience and has served in a number of capacities in the fields of civil engineering, municipal public works, current and advanced planning, and building safety administration and inspection. He has served public sector clients as in-house public works director, city engineer, planning director, assistant city engineer and building official. He has served private sector clients as a project manager and design engineer. Tim has served as resident engineer on dozens of federally funded municipal projects and delivered those projects on time and within budget. In addition, a collaborative working style enables him to bring stakeholders when problems are encountered so solutions may be quickly identified and implemented.

Mike Poland │SENIOR PLANNER
Michael brings 23 years of progressive planning experience in local government, which includes 10 years in a management role and more than 10 years in private sector land use planning. He has extensive knowledge in the areas of land use planning, environmental and general public administration, policies, standards and regulations. He has mentored younger staff as well as managed and lead teams on various projects.

Jerry Guarracino, AICP │PLANNING MANAGER
Jerry brings 26 years of progressive experience as a creative planning manager/urban designer with a broad range of current and advance planning experience, managing multidisciplinary teams in the preparation and review of master plans, specific plans, general plan amendments, design guidelines, feasibility analysis, land use analysis, and CEQA compliance. He brings a wealth of knowledge in processing and project management of specific plans, zoning amendments, conditional use permits, subdivision maps, variances and community relations. His management experience includes economic and community development through CDBG, HOME, and Emergency Shelter Grant Programs.

Laura Vander Neut │P ROJECT MANAGER
Laura brings 10 years of progressive experience working for municipalities in planning, administration and public works on a broad range of projects. Her advanced planning experience includes evaluating proposed development projects for compliance with City zoning regulations, determining necessary entitlements, and prepared related staff reports and resolutions. Types of entitlements processed include conditional use permits, site plan reviews, variances, and tentative maps. She brings a wealth of knowledge in processing and project management of specific plans, zoning amendments, conditional use permits, subdivision maps, variances and community relations. She is organized, possesses excellent analytic and communication skills to execute successful projects for our clients.

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Dina Lomeli │ASSOCIATE PROJECT MANAGER
Dina is bilingual and fluent in English and Spanish and brings more than ten years of planning/customer service experience in planning and development services. She provides technical planning and support to department staff and the public regarding zoning and General Plan matters and case processing. Her knowledge allows her to effectively and professionally respond to a wide range of inquiries.

Eduardo Manriquez │ASSOCIATE PLANNER
Nathalie is. Eduardo is trilingual in English, Spanish and French and has a degree in Urban Planning. He has an excellent understanding of the municipal planning process and supports in-house city planning and other city departments. He assists people at the front counter, reviews business license applications, does site inspections, reviews development applications, signs applications and special event applications, prepares staff reports for new development projects and conditional use permits, processes and issues building permits on DAPTS, and coordinates building inspections. He possesses excellent communication and customer service skills
Nathalie Vazquez │ASSOCIATE PLANNER
Nathalie is bilingual in English and Spanish and has an excellent understanding of the municipal planning process having served as an intern for the City of Santa Ana. Her experience includes a variety of planning activities including the processing of CUPs and technical data management for municipal GIS systems. She possesses excellent communication, presentation and customer service skills.

Tony Elmo, CBO │SENIOR PLAN CHECKER
Tony has 40 years of Municipal Building Department experience in administration and enforcement of building, zoning, housing and municipal codes, plan review and inspection. With over 34 years as a Building Official, he brings expert experience in budget preparation and maintenance; personnel supervision, mentoring and procedures; labor and contract negotiations; building department management and organization; and client and project management.

Young Park, PE, QSP/QSD │ PLAN CHECK ENGINEER
Young brings over 27 years of civil engineering experience and has spent the vast majority of his career serving various jurisdictions in the Southern California region; applying the practices of civil engineering to both private land development and city public works projects. Young is a registered Civil Engineer in the State of California and a certified Qualified SWPPP Practitioner/Developer. His background has provided him with the knowledge of city engineering policies and procedures, which is a proven asset when providing technical assistance to engineers, architects, contractors, city personnel, and the public. Young has a strong work ethic, is detailed oriented, and enjoys both project teamwork and working independently. He is extremely skilled in all disciplines of civil engineering required for the successful completion of projects.

Bill Tarin │INSPECTOR
Bill brings more than 30 years of experience in building administration, plan checker, field inspector, code enforcement, NPDES coordinator and public works project manager/inspector. He is proficient in managing entire building departments ensuring that plan reviews, inspection and permits are completed according to our client’s specific requirements. As an ICC building inspector, he is well versed in all aspects of residential, industrial and commercial

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construction. He works closely with city staff, developers and the community ensuring inspections are accurate, timely and thorough. He brings a high level of detail and collaboration to our clients.

Murray McCool │ PLAN CHECKER
Murray brings more than 30 years of experience in the field of construction, inspection and plan review with most of his career in a municipal environment. He is an ICC building plans examiner and combination building inspector. He has provided building inspection services on a wide variety of projects and building types including, Oakland Coliseum Renovation, City Hall Earthquake Repair Project and the Oakland Firestorm Restoration Project (1991). He is proficient with plan reviews for both residential projects and commercial tenant improvements. Murray is detail oriented, customer focused and a team player. His focus is on providing exceptional service to our clients and his decades of experience both in the field and in the office allows him to have an in-depth perspective of the construction process.

David Harnden │ BUILDING INSPECTOR
David is an ICC certified building inspector with over 35 years of experience in the electrical and general construction industry and 20 years as a foreman focused on quality control. His experience includes both residential and commercial inspections. Utilizing his construction industry knowledge coupled with his municipal experience he provides a high level of service by conducting thorough inspections in a timely and professional manner.

Monica Ornela │P ERMIT TECHNICIAN
Monica is a bi-lingual permit technician with 10 years of comprehensive experience in the building arena. She is customer-oriented, independent and proactive in delivering skilled, professional services to building contractors, architects, engineers and the public. She has experience and is proficient with many permit and land development software programs including Speed Web, EnerGov, Tyler Technologies/Munis and HdL/PrimeCloud. Monica is responsive to both external and internal clients with a friendly, professional approach. She specializes in being able to quickly and successfully adjust to changes in tasks and processes and is very organized in her responsibilities. Her interaction with co-workers at all levels in a jurisdiction is done in a collaborative and professional manner. Monica especially takes to heart performing all her duties within the context of the client’s requirements, mission and values.

She applies great energy and pride to her work and is an asset to our clients.

Cindy Montero │PERMIT TECHNICIAN III
Cindy brings more than 20 years of direct experience as a permit technician. Her in-depth knowledge of the permit and construction process translates to providing vital assistance to architects, developers and the public on both commercial and residential projects. Cindy’s notable ability to assist the customer is evident through her positive attitude, excellent communication and her understanding of the permit process. She has successfully worked on a variety of building tasks, including streamlining processes for permit tracking and documentation. Cindy has conducted extensive research related to the permit fee structure and produced Fee Resolution Updates when needed. She has also developed informational handouts to the public providing valuable information on the permit process. She is familiar with EnerGov and Accela software programs. Cindy’s background as a permit technician working directly for a public agency as well as on the private side provides her with a keen sense of what is needed and allows her to provide assistance quickly and efficiently to customers.

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SECTION 4
Detailed Work Plan

PLANNING
Assigned staff will perform the duties as assigned. Other tasks will be accomplished as outlined below in accordance with City policies and procedures.

Customer Service
We take great pride in providing quality customer service to our clients. Our goal is to deliver services in a collaborative and professional manner with applicants, businesses and the development community. Our approach is to advise, guide and assist the community in a helpful and courteous manner as projects vary in complexity. Because we are serving as an extension of city staff our planners are continuously focused on delivering efficient and timely project reviews.

Communication
Our staff will review and provide clear and unbiased comments and recommendations related to code interpretations for all projects. We will perform the following:
 Maintain records related to all plans and documents received. We will provide, in the City’s approved format, a complete list of planning review comments referring to appropriate sheets, details or calculations pages and the code section of concern.
 Systematically logging/entering status of planning review activities and records.  We will submit accurate and timely reporting on the activities to the City in the format approved by the City.

Electronic Plan Check Services
Annealta staff is experienced with a variety of electronic plan check software programs and can perform electronic reviews if requested by the city. Various cities have adopted the process of utilizing Electronic Plan Check. Electronic Plan Check programs enables applicants to submit Portable Document Files (PDF), as an alternative to submitting the required application, construction drawings, and supportive documentation (i.e. structural calculations, soils reports, water supply tests, etc.) in the traditional paper form. Moving from hard copy review to electronic plan review reduces the turnaround time as well as enhances communication throughout the process. Many cities are utilizing a variety of software programs to adopt this method as a means to improve customer service, reduce turnaround time and cost for the applicant.

Annealta Group staff is familiar with electronic plan check process and have provided this service to many of our clients. Utilizing electronic plan check we can efficiently manage, track, review and communicate plan review comments and approvals in real time with the applicant. This process improves collaboration and promotes project transparency with all stakeholders. We are proficient using various software applications, including ProjectDox, e-PlanSoft, Bluebeam, Revu, Adobe, TrakiT, SmartGov and NewForma. When requested, plan reviews will be conducted using the City’s electronic plan check system.

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Special Projects
When requested, Annealta Group will provide tailored services in support of special projects including fast-track, special construction, design-build and other non-traditional methods of construction. We are committed to providing a level of service to you and your constituents that will meet or exceed your expectations in these special circumstances.  Our staff will conduct accelerated reviews on as as-needed basis as requested  Coordination of reviews with other City departments or agencies.  Attend/participate in meetings with other City planning or inspection staff, property owners, contractors or design professionals.

IMPLEMENTATION PLAN - TYPICAL DEVELOPMENT CASE PROCESSING

1. Steps for development case processing (Ministerial and Discretionary) a. Determine whether the development case application is complete by reviewing the project in accordance with
applicable specific plans, various design guidelines and sustainability checklists, the City’s general plan, zoning code and all pertinent regulations and standards. We will review the site plan, conceptual grading plan, conceptual landscape plan and hardscape plans, building elevations, subdivision map and SUSMP.
b. Review development case for consistency with applicable development agreements, certified environmental documents and mitigation monitoring programs (MMP)
c. Prepare a list of incomplete items, technical deficiencies or problems and design issues for the development case.
d. Conduct an in-house development review meeting consisting of planning staff, other city department staff and affected agencies such as school district and fire department. The purpose of the development meeting is to obtain their comments and feedback and incorporate their comments in to the incompleteness letter/comments as well as to analyze and evaluate the merits of the project. e. Prepare meeting notes and provide a copy of the notes to all City’s participants. f. Prepare completeness letter/comments for City’s staff review. Upon approval, send letter/comments to applicant. The completeness or incompleteness determination will comply with the 30 days from the date of the project case submittal.
g. Arrange meeting with the applicant and staff to review the incompleteness letter/comments. Respond to comments from the applicant.
h. Review the second round of submittal against the first incompleteness letter/comments. Repeat the review until the development case application is deemed complete for further action. i. Upon deeming the development case application complete, prepare an approval letter with the conditions of approval for Community Development Director or his designee for review and signature.

Add the following steps for discretionary cases
j. Docket development case for Planning Commission meeting. Work with City staff to prepare the draft agenda, the public hearing notice and postings.
k. Prepare staff report, resolutions and conditions of approval for Community Development Director or his designee for review and approval.

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l. Attend the Planning Commission meeting and present the report. Assist staff to respond to comments from the public pertaining to the specific development case.

2. Administration – steps for successful development case processing Annealta Group will:
a. Understand the project and will conduct a site visit b. Have weekly joint meetings with City’s staff and applicant to review the status of each development case.
c. Utilize the City’s tracking system for each development case and provide them to applicant d. Prepare and submit meeting notes to City’s staff and applicant e. Prepare reports that are clear, concise and contain all the facts f. Understand the importance of records management. Records will be kept of meetings, phone conversations, when a decision or discussion on certain items has been made, etc. g. The project case file will always be up-to-date, complete and organized

SAMPLE PROJECT SCHEDULE

3. Additional on-call planning services
After ministerial or discretionary approval of a development case, the next step is for applicant to submit the project for plan check. It is an important step as the plan check will implement the conditions of approval and ensure the site is developed and constructed according to the plans that were approved by the City’s staff or Planning Commission. In essence, plan check is “quality control.” a. Our assigned planner can provide additional planning services in Building and Safety Plan Review and Public Works Design Plan Review for Subdivision Map.
b. Examples of duties our assigned on-call planner will perform include the following: detailed site plan, grading plan and street improvement plans are in accordance with approved plans and are coordinated for consistency purpose; exterior building elevations and color palette are consistent with the approved

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elevations; and, detailed landscape plans (private realm) are consistent with the list of native, water- conserving, disease-resistant and low maintenance plant species.

DELIVERABLES & QUALITY
Our staff will create and apply tailored and proven management systems that work and will carefully ensure that all projects are accurately and timely reviewed according to all City procedures and manuals. Our team is able to closely work with all constituents to facilitate and answer any questions that may arise in the project review process. Reviews will also be done within the timeframe as requested by the City. This approach and detailed oversight produce reviews that are typically free of errors. However, should a project encounter a problem, our staff will work closely with the City and its staff to quickly make the necessary adjustments/corrections.

BUILDING & SAFETY

PLAN REVIEW
Thorough plan review services are a critical component to the city’s development cycle. We will collaboratively work with city staff to provide effective and efficient plan review services to your citizens, developers, contractors, architects and engineers. Our staff has the expertise to perform quality and timely reviews on projects ranging from single family residential, multifamily residential, commercial and industrial buildings.

Our goal is to provide high quality services at all times.

Services will include the following areas:
 Provide an in-house ICC Certified Plans Examiner to be available at the counter from 8am-5pm, Monday thru Friday to:
o Perform over-the-counter plan checks
o Answer technical questions from the public, including inquiries regarding building and safety codes and regulations.
o Perform architectural, structural, plumbing, mechanical and electrical plan check review for buildings and structures for compliance with applicable Federal and State laws, building and safety codes and City ordinances.
o Review and approve building revisions to plans required during construction.  Staff will be competent and knowledgeable in construction materials and methods and codes and standards in the field in which they are performing plan review.
 Plan reviews for building and/or structural plan review is licensed in the State of California as Civil or Structural Engineers or Architects.
 All plan reviews will be completed using City-established policies and procedures and within City timeframes.
 We have excellent knowledge of State Title 24 Accessibility regulations and ADA Accessibility guidelines.  CASp certification may be required for certain assignments and is required for specialty accessibility plan review and/or consulting.
 Our work will be of the highest quality and be provided in a timely and professional manner.  Our staff will speak with applicants on the phone and/or meet with applicants in person, as necessary, to resolve corrections or answer any questions.

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 Plan review project plans, construction documents and revisions will be in conformance with the appropriate ICC, state and local codes and amendments. Current codes include California Building Code; Title 24 disabled access and energy requirements; California Fire Code with any regional amendments; California Residential Code; California Mechanical Code; California Plumbing Code; California Electrical Code; Cal Green Building Code; and City ordinances and regulations Technical Approach
Our staff is well versed in all areas of plan review. Below are some key areas of our expertise. In addition to the summary below, staff resumes included in the appendix provide further information on the firm’s capabilities.

LEED – LEED provides building a framework for identifying and implementing measurable green building design, construction, operations and maintenance solutions. Developed by the US Green Building Council (USGBC), LEED certification consists of a number of different rating systems that apply to commercial as well as residential projects and measures how well a building performs across multiple sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. LEED can be applied to new construction or renovation projects.

Green Building Standards – CALGreen is Part 11 of the California Building Standards Code and is the first statewide "green" building code in the US. The purpose of CALGreen is to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. Our staff is able to integrate CALGreen building concepts with our review process.

T24 Energy – Our engineers and plan checkers are well informed of the California Energy Efficiency Standards for both residential and non-residential building.

Fire Code Plan Review – Our engineers have experience with fire plan review and will check for compliance with all pertinent fire code and standards which include: ICC Fire Code, Uniform Fire Code, California Fire Code, Life Safety Code, NFPA standards and your local/regional amendments.

CASp – Our staff attends state and locally sponsored CALBO and ICC training related to disabled access to ensure they are up to date with all regulatory requirements. We can also provide assistance to cities for compliance enforcement and/or develop transition plans to address the needs of the community.

Architectural – Our staff completes non-structural plan check services for varying complexities of projects including large commercial, retail, institutional, industrial and residential buildings. Completed plan check projects range from single-story residential to complex high rise buildings and many building additions and remodels. We are experienced and understand the use and application of the most current model codes:
 NFPA Codes & Standards
 ANSI Standards

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 International Building Code (IBC)
 California Code of Regulations, Title 24, Parts 1 through 12 Structural – Our structural engineers are well versed in reviewing projects with virtually all building materials including wood, masonry, concrete and steel. They have also reviewed a wide array of structural systems including  FEMA Compliant Steel Moment Frames
 Buckling Restrained Braced Frames Energy Dissipation Systems  Wood Shearwall Systems
 Eccentric | Concentric Braced Frames
 Cantilevered Column Systems
 Masonry | Concrete | Wood Shearwall Systems
 Pre-Stressed/Post-Tensioned Concrete
Our structural engineers have experience with the provisions of most model codes including:
 FEMA 350, 351, 353
 International Building Code (IBC)
 ACI
 NEHRP
 AISC 341 & 360
 ANSI/AF & PA NDS
 ASCE 7-10Title 24, Part 2, Volume 2, California Code of Regulations (CCR) Electrical, Plumbing & Mechanical – Annealta staff is up to date in all the California Mechanical, Plumbing and Electrical codes as well as the local or national standards. Plan review will take into account all code standards as appropriate to ensure compliance. All staff will be licensed and/or certified in the State of California.  California Building Code | Plumbing Code | Mechanical Code | Electrical Code  International Building Code
 REMA & NEHRP Requirements for existing buildings
 International Mechanical & Plumbing Code
 International Residential Code
 NFPA Standards 14 (standpipes)
 NFPA Standards 13 (automatic fire sprinkler systems)
 NFPA Standards 20 (fire pumps)
 NFPA Standards 99 (medical gases)
 NFPA Standards 101 Life Safety Code
Stormwater/Standard Urban Stormwater Mitigation Plan (SUSMP) – We are experienced and familiar with the City’s MS4 permit requirements. Our staff possesses and continues to receive training and certifications – QSP & QSD – in this critical area of enforcement. We will coordinate closely with the City’s engineering department to ensure consistent and coordinated reviews are completed.

BUILDING INSPECTION
Annealta Group inspectors bring years of experience working with municipal clients. They collaboratively work with city staff to provide effective and efficient inspection and building code enforcement services to the City. Our staff is available to assist on a consistent basis, when work levels increase, as “back up” or for special requests by a developer for a dedicated inspector for large projects.

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They are highly capable of performing the full spectrum of building/structural, mechanical, plumbing, electrical and combination inspection of buildings and structures throughout the city. All inspections will be performed for conformance with the California Building, Mechanical, Plumbing, Electrical, Green Building, Energy Codes, State Title 24 Accessibility and City adopted codes and ordinances.

Our inspectors are qualified to perform inspections on a wide range of projects including residential, large residential developments, commercial, industrial and mixed-use buildings. Their extensive knowledge and understanding of the construction and building process helps to mitigate problems both in the field and in the office. They look for solutions and collaboratively work with city staff and/or the public to resolve any questions or problems related to the building code – all the while maintaining the integrity of the code for the safety of the public.

Inspectors will work closely with the City to perform inspections according to the city turnaround schedule, usually within 24 hours or the next business day. Our staff is sensitive to schedules being maintained while providing a high level of customer service to the community. Inspections will be completed on-time and in a thorough manner. Staff will ensure all paperwork and processes adhere to city-established policies and procedures. When needed, staff will always consult with the Building Official, or designee, when a clarification or interpretation is needed on a project. For any project for which a resolution cannot be reached between the inspector and contractor/homeowner it will be presented to the Building Official for final resolution.

In an effort to assist our clients with staffing challenges, many of our inspectors can also perform plan review and/or assist at the front counter.

When inspection requests are made services will include, but are not limited to:
 Provide the City with ICC Certified Building Inspectors to perform high quality, as-needed building inspection services. The inspector conducts field inspections and checks construction, alteration or repair of buildings and other structures; enforces building, plumbing, electrical and zoning codes and laws; performs related duties as required.
 Essential duties include, but are not limited to, the following:
o Performs inspections of various phases of residential and commercial building construction for compliance to the various building codes; reviews plans and issues permits. o Field checks architectural, structural, electrical, plumbing, and mechanical plans, layouts, and site plans of residential, commercial, and industrial buildings for proper installation and use of materials to ensure compliance to appropriate codes. Checks for grade and quality of materials used in construction.
o Inspects and approves work at each of the required stages of completion and orders corrective action if necessary; makes final inspections for compliance to relevant laws, regulations, and codes; prepares reports of inspections and work completed; investigates code violations, posts "Stop Work" notices, and prepares reports of findings.
o Performs studies and investigates problems such as converting the use of a building, condemning a building, or assessing damage to buildings caused by fire or vehicles. o Inspects and approves construction of mobile home parks, signs and sign locations, directional signals, and related structures.
o Maintains records of building and inspection activity and completes related reports. Issues certificates and permits as appropriate.

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 Staff will provide code enforcement inspection activities related to the enforcement of City and state codes for existing construction.
 Services will be provided in a customer-friendly, timely and professional manner. Inspections will be provided on a
same day or next day basis.
 Our inspectors are competent and knowledgeable in
construction materials, methods, codes and standards in the field in which they are performing inspections. They are also competent and knowledgeable in the principles of code enforcement.
 Coordinate inspection services with other city or county departments, government agencies providing services, etc. or when more than one discipline is required for compliance with building and safety codes and regulations.  All assignments will be approved by the Chief Building Official, who we understand may terminate such inspector assignments at any time.
 Inspectors are ICC certified and/or have knowledge State Title 24 Accessibility regulations. CASp certification personnel are also available, when requested by the city, for certain assignments.  All inspections will be completed on the workday following the receipt of the request for inspection and using City-established policies and procedures.
 Staff will have the following items upon starting any work assignment for the City a) Set of applicable building codes as adopted by the City at the time of assignment. Such set of codes shall be updated as necessitated by code adoptions during the assignment period. Applicable codes vary by assignment as follows:
 Commercial Building Inspector - California Building Code Vol. 1, California Green Building Standards Code (CalGreen);
 Commercial Electrical Inspector - California Electrical Code, California Green Building Standards Code (CalGreen);
 Commercial Plumbing and Mechanical Inspector - California Plumbing Code, California Mechanical Code, California Green Code (CalGreen);
 Residential Combination - California Building Code Vol. 1, California Electrical Code, California Plumbing Code, California Mechanical Code, California Residential Code, California Green Building Standards Code (CalGreen)
b) Equipment, including but not limited to, own vehicle, cellular telephones; rain gear; tape measure; circuit tester; and moisture meter, if applicable, to the type of inspections to be performed.

PERMIT TECHNICIAN
Annealta Group will provide qualified permit technician personnel to support the activities within the City’s building department. Our staff understands the permit counter is often the first point of contact with homeowners, contractors and developers. As such, they give special attention to providing a high level of customer service by displaying a professional demeanor, having a friendly approach and possessing the knowledge to assist with the building application and permit process.

Our staff operates as an extension of the City staff at all times. They are also familiar with a variety of jurisdictional scheduling and tracking systems and will quickly adapt to the City’s preferred requirements. Qualified candidates will be presented for City Building Official approval.

Permit Technician service includes, but is not limited to the following:

20 | Page ANNEALTA GROUP

 Assist the public at the front counter; receive, process and issue permits; coordinate plan check and inspection services, including the tracking, routing and the filing of building permit applications. Input information into City’s computer tracking system.
 Provide public information regarding building permit applications, plan check and inspection services, answer questions on policies and procedures.
 Coordinate building permit requirements and interface with City Departments and other agencies, including but not limited to the Engineering Division, Planning Division, County Fire Department, County Industrial Waste and Sanitation District.
 Receive and review completed building permit applications; ensure information is accurate, complete, and in compliance with building and other regulations; advise public on necessary corrections.  Route plans to appropriate staff; label and log information into permit system; set up files; track and monitor plan status; notify contractors, owners, developers, and engineers of plan status; issue building permits.  Verify licensing and insurances on contractors; document information on file.  Calculate and estimate fees for permits; collect fees for various applications, registrations, and licenses; issue receipts for fees collected; input data into computer.  Perform a variety of clerical and technical tasks in support of assigned office functions, including assisting the public, record keeping, and report preparation;
 Answer inquiries and assist the public and developers with construction project issues/questions and permits.  Prepare and maintain records and files on plans and permits; assist the general public with locating, retrieving, and copying of microfilm records; purge final permit files.  Perform other related duties as assigned.

Customer Service
We take great pride in providing quality customer service to our clients. Our goal is to deliver services in a collaborative and professional manner with applicants, businesses and the development community. Our approach is to advise, guide and assist the community in a helpful and courteous manner as projects vary in complexity. Because we are serving as an extension of city staff our engineers and plan reviewers are continuously focused on delivering efficient and timely plan reviews.
 All plans will be picked up within 24 hours upon notification and delivered back to the city at no cost to the City
 Plan reviews will be performed consistent with the city’s turn-around requirements  Maintain a high level of customer service to the community Communication
Our engineers and plans examiners will review and provide clear and unbiased comments and recommendations related to code interpretations for all building projects. Our ultimate goal is for all structures to be safe and adhere to all state and city guidelines. Final review and approval related to code interpretations are subject to the city’s Building Official and/or designated staff. Upon completion of a plan review, clear communication will be provided via written comments and redlined plans. For plans that are not approved, a letter will be provided with a list of comments referencing the applicable code sections along with concise detailed information to assist the client, designer, contractor or owner to make the necessary adjustments.
 Provide login access to our internal tracking system so the City may track status of plan reviews  Maintain records related to all plans, calculation and documents received. We will provide, in the City’s approved format, a complete list of plan check comments referring to appropriate sheets, details or calculations pages and the code section of concern. Plan review lists shall bear the stamp and signature of a licensed engineer when required.

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 Systematically logging/entering status of plan review activities and records.  We will submit accurate and timely reporting on the activities to the City in the format approved by the City.

Electronic Plan Check
Various cities have adopted the process of utilizing Electronic Plan Check. Electronic Plan Check programs enables applicants to submit Portable Document Files (PDF), as an alternative to submitting the required application, construction drawings, and supportive documentation (i.e. structural calculations, soils reports, water supply tests, etc.) in the traditional paper form. Moving from hard copy review to electronic plan review reduces the turnaround time as well as enhances communication throughout the process. Many cities are utilizing a variety of software programs to adopt this method as a means to improve customer service, reduce turnaround time and cost for the applicant.

Annealta Group staff is familiar with electronic plan check process and have provided this service to many of our clients. Utilizing electronic plan check we are able to efficiently manage, track, review and communicate plan review comments and approvals in real time with the applicant. This process improves collaboration and promotes project transparency with all stakeholders. We are proficient using various software applications, including ProjectDox, e-PlanSoft, Bluebeam, Revu, Adobe, TrakiT, SmartGov and NewForma. When requested, plan reviews will be conducted using the City’s electronic plan check system.

Special Projects
When requested, Annealta Group will provide tailored services in support of special projects including fast-track, special construction, design-build and other non-traditional methods of construction. We are committed to providing a level of service to you and your constituents that will meet or exceed your expectations in these special circumstances.  Our staff will conduct accelerated plan review on as as-needed basis as requested by the Building Official.  Coordination of plan reviews with other City departments or agencies.  Review and timely approval of deferred submittals.
 Attend/participate in meetings with other City plan review or inspection staff, property owners, contractors or design professionals.

14 EXHIBIT B
Schedule of Charges/Payments

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

Rates in the Schedule of Charges shall remain constant through June 30, 2026, and are subject to a Consumer Price Index (CPI) increase for any subsequent years.

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SECTION 5
Fee Schedule
Annealta proposes the following hourly rates for services provided to the City of Upland.

ANNEALTA GROUP - HOURLY RATES FOR SERVICES
Classification Rate
Principal ..............................................................................................................................................................$2 10 Planning Manager .................................................................................................................................................180 Project Manager ....................................................................................................................................................170 Senior Planner ......................................................................................................................................................1 60 Associate Project Manager ...................................................................................................................................140 Associate Planner II ..............................................................................................................................................120 Associate Planner I ...............................................................................................................................................110 Assistant Planner III ..............................................................................................................................................100 Assistant Planner II ................................................................................................................................................ 95 Assistant Planner I ................................................................................................................................................. 90 Planning Technician II ............................................................................................................................................ 80 Planning Technician I ............................................................................................................................................. 75 Permit Technician III .............................................................................................................................................. 70 Permit Technician II ............................................................................................................................................... 65 Permit Technician II ............................................................................................................................................... 60 Plan Check Engineer ............................................................................................................................................175 Senior Plan Checker .............................................................................................................................................160 Plan Checker ........................................................................................................................................................145 Assistant Plan Checker .........................................................................................................................................1 30 Senior Building Inspector ......................................................................................................................................10 5 Building Inspector III............................................................................................................................................... 95 Building Inspector II................................................................................................................................................ 85 Building Inspector I................................................................................................................................................. 80 Administrative Support II ........................................................................................................................................ 50 Administrative Support I ......................................................................................................................................... 40 Building & Safety Plan Check – 65% of total city collected fees Mileage reimbursement will be charged at the current Federal guideline rate at the time of billing. Consultation in connection with litigation and court appearances will be quoted separately. Overtime will be billed at 1.5 times, and Sundays and holidays 2.0 times the standard rate. A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation and coordination. Valid thru June 30, 2026, thereafter, the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles/Orange County area.

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT DALQUEST, DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO, HOUSING MANAGER
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH LDM ASSOCIATES TO ADMINISTER

AND IMPLEMENT FEDERAL AND STATE PROGRAMS

RECOMMENDED ACTION:

It is recommended that the City Council approve the Professional Services Agreement not to exceed $295,000 by and between the City of Upland and LDM Associates, Inc. to assist in the administration and implementation of federal and state programs; and authorize the City Manager to execute any and all necessary and related documents inclusive of any amendments to implement the Agreement.

GOAL STATEMENT
The proposed action supports the City’s goal of providing adequate housing, a suitable living environment and expanded economic opportunities principally for low- and moderate-income persons.

BACKGROUND
Due to the passage of AB1X 2x and the elimination of redevelopment agen cies, the City has been forced to seek alternative funding sources to utilize the payment of consultant service for federally funded programs, more specifically housing and economic development programs. The City is allowed to utilize Community Development Block Grant (CDBG) administration funds and activity delivery funds, as well as State HOME/CalHome administration funds and activity delivery funds to cover expenses relate d to the technical assistance in the administration of the City’s CDBG program, State HOME, CalHome, and all related programs.

In order to comply with Federal procurement requirements, the City is required to issue a Statement of Qualifications (SOQ) or Request for Proposals every three to five years, as the City sees fit.

On April 27, 2023, staff issued an informal SOQ, emailed to three local qualified consultant firms and posted on the City’s website. Three proposals were received. The lowest responsive and responsible bidder was LDM Associates.

ISSUES AND ANALYSIS
LDM’s experience and institutional knowledge of the City’s policies, procedures, and programs continue to be a vital and invaluable asset to reducing risk and/or liabilities that may arise from utilizing federal funds inconsistent with the Program’s regulatory requirements. Furthermore, LDM’s project/personnel costs remain one of the lowest in the industry. For the last twelve years, LDM has provided a highly exceptional work product as evident by the City passing all regulatory programmatic/financial monitoring visits b y the various State and Federal Oversight Agencies.

In LDM’s Upland tenure, the firm has successfully provided City staff with project implementation and project development services to approximately 543 affordable housing and economic development project s. The Development Services Department utilizes one full-time and one-part-time consultant from the firm to administer and assist with various federal and state programs. The term of the LDM agreement will be three years with two (2) optional one-year terms for a total term of five years. The first year of service will cost $295,000. Each additional year of service will include a 2.5% cost of living increase.

Specifically, LDM assists City staff with the following activities:

Administration of the following:
 Housing Rehabilitation Program
 First Time Homebuyer Program

 Emergency Repair Program
 Downtown Commercial Façade Rehabilitation Program
 Downtown Business Assistance and Attraction Program
 U-HOPE Program
 Federal, State, and Local Monitoring and Audit Preparation

Assistance in the following:
 Annual Community Development Block Grant (CDBG)
 Five-Year Consolidated Plan
 One-Year Annual Action Plan
 Consolidated Annual Performance and Evaluation Report  Analysis of Impediments to Fair Housing Choice Plan
 Year End Reports
 IDIS Financial Reports
 Environmental Reports
 Annual Affordable Housing Monitoring/Inspections
 Section 108 Loan Programs
 Federal, State and Local Reporting
 ROPS Reports
 Asset Management (property disposition)
 Economic Development
 Special Project Construction Management
 Labor Compliance
 GIS Maps
 Spanish Translation Services
 Homeless Services

ENVIRONMENTAL DETERMINATION
In accordance with Section 15378 of the California Environmental Quality Act (CEQA) and Section 24 CFR 58.34(a) of the National Environmental Protection Act (NEPA), the hiring of professional services to assist in the planning and administration of federally assisted projects is determined to be exempt and therefore not subject to their provisions.

FISCAL IMPACTS
The FY 2023-24 operating budget includes the following amounts to accommodate the agreement:

 $233,560 for the administration of Housing programs in Fund 201;  $14,440 for CDBG administrative activities in Fund 209; and  $47,000 for the support of the Business Assistance & Attraction Program (BAAP) and Commercial Rehabilitation Programs (CRP) in the General Fund’s Economic Development division.

The agreement cost in future years will be included in the operating budget approved by the city council ann ually.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a project.

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 8, 2023 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and LDM Associates, Inc., CALIFORNIA CORPORATION with its principal place of business at 10722 Arrow Route, Suite 822, Rancho Cucamonga, CA 91730 (hereinafter referred to as “Consultant”).

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Technical assistance in the administration of the City of Upland’s Community Development Block Grant (CDBG), State HOME, CalHome, Housing and Development Services Programs (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Two Hundred Ninety-Five Thousand and no/cents Dollars ($295,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. At the anniversary date of this written agreement the Consultant will be eligible for a 2.5% cost of living increase upon the City’s approval.

c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars

2 ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, with two one-year option to extend for a total term of five years, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

3 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability

4 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.

5 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits.

6 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City

7 and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or

8 omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend,

9 indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. City Material Requirements.

Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in the City of Upland’s Purchasing Policy which are deemed to be a part of this Agreement.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization

10 Consultant shall assign Giovanni Arellano as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

DISTRICT:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Robert Dalquest, Director
Development Services Department
(909) 931-4148
CONSULTANT:

LDM Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Attn: Rudy Munoz
(909) 476-6086

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

11 25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND LDM ASSOCIATES, INC.

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

CITY OF UPLAND LDM ASSOCIATES, INC.

By: By:

Michael Blay
City Manager Its: Senior Executive Vice President

Printed Name: Rudy E. Munoz
ATTEST:

By:

13 EXHIBIT A
Scope of Services

EXHIBIT A

SCOPE OF SERVICES
Provide on-site staffing and other resources as required to perform the following for all approved City of Upland's Development Services, Housing, CDBG, State HOME and CalHOME Programs for FY 2018-2023:

HOUSING, CDBG STATE HOME AND CALHOME ADMINISTRATION SERVICES

1. Provide Environmental Reviews and clearances for federally funded programs

2. Prepare all required HUD/HCD reports throughout program years (Analysis of Impediments, Consolidated Plan, Action Plan, CAPER, Quarterly Performance Reports, Semi Annual Housing Report, Section 3 Report and Annual Contractor Report and any other report(s) as needed)

3. Provide assistance with IDIS reporting and assist with funding requisitions

4. Provide assistance with HQS regulations

5. Provide assistance with Section 504 compliance

6. Provide assistance with program monitoring and audit preparation

7. Prepare and monitor subrecipient’s contracts and maintain project files

8. Assist with preparation of CDBG public meetings

9. Prepare and conduct any other services as required by the City

CDBG EMERGENCY REPAIR PROGRAM

The specific tasks to be performed by the Consultant in assisting with the administration of the City of Upland’s CDBG funded Emergency Repair Program. The total cost is to reflect all tasks necessary for the completion of twenty-five (25) Emergency Repair projects per year. Typical grant amounts per project are $10,000.00. Tasks may vary slightly depending on the extent of the rehabilitation work to be performed. However, the Consultant will be generally responsible for the following:

1. Perform program marketing, update brochures/applications as needed

2. Update program guidelines as needed

3. Perform client intake and conduct eligibility reviews

CITY OF UPLAND HOUSING AND DEVELOPMENT SERVICES

4. Project file setup and maintenance

5. Prepare and submit historical and environmental clearance documentation

6. Perform property inspection services

7. Prepare itemized work specification sheets

8. Prepare bid packages

9. Conduct bid review

10. Conduct contractors clearances for all federal and city requirements

11. Prepare grant and contractual documentation

12. Conduct pre-construction conference meetings

13. Conduct construction progress inspections

14. Process payment requests and other financial reporting

15. Provide construction management and project monitoring for compliance with all local, state and federal regulations.

16. Audit project file, closeout and warehouse

STATE HOME/CALHOME - HOME IMPROVEMENT PROGRAM

The specific tasks to be performed by the Consultant in assisting with the administration of the City of Upland’s State HOME funded Home Improvement Program. The total cost is to reflect all tasks necessary for the completion of two (2) Home Improvement projects per year. Typical loan amounts per project are $90,000.00. Tasks may vary slightly depending on the extent of the rehabilitation work to be performed. However, the Consultant will be generally responsible for the following:

1. Perform program marketing, update brochures/applications as needed

2. Update program guidelines as needed

3. Perform client intake and conduct eligibility reviews

4. Project file setup and maintenance

5. Prepare and submit historical and environmental clearance documentation

6. Perform property inspection services

CITY OF UPLAND HOUSING AND DEVELOPMENT SERVICES

7. Prepare itemized work specification sheets

8. Prepare bid packages

9. Conduct bid review

10. Conduct contractors clearances for all federal and city requirements

11. Conduct loan underwriting

12. Prepare approval/denial recommendation report for approval committee

13. Prepare loan grant and contractual documentation

14. Conduct pre-construction conference meetings

15. Conduct construction progress inspections

16. Process payment requests and other financial reporting

17. Provide construction management and project monitoring for compliance with all local, state and federal regulations.

CDBG COMMERCIAL FACADE PROGRAM
The specific tasks to be performed by the Consultant in assisting with the administration of the City of Upland’s CDBG funded Downtown Commercial Façade Program. The total cost is to reflect all tasks necessary for the completion of three (3) Commercial Façade projects per year. Typical grant amounts per project are $30,000.00. Tasks may vary slightly depending on the extent of the rehabilitation work to be performed. However, the Consultant will be generally responsible for the following:

1. Perform program marketing, update brochures/applications as needed

2. Update program guidelines as needed

3. Perform client intake and conduct eligibility reviews

4. Project file setup and maintenance

5. Prepare and submit historical and environmental clearance documentation

6. Perform property inspection services

7. Prepare architectural façade renderings/façade design schematics

8. Prepare itemized work specification sheets

CITY OF UPLAND HOUSING AND DEVELOPMENT SERVICES

9. Prepare bid packages

10. Conduct bid review

11. Conduct contractors clearances for all federal and city requirements

12. Prepare approval/denial recommendation report for approval committee

13. Prepare grant and contractual documentation

14. Conduct pre-construction conference meeting

15. Conduct construction progress inspections

16. Process payment requests and other financial reporting

17. Provide construction management and project monitoring for compliance with all local, state and federal regulations.

18. Audit project file, closeout and warehouse

CDBG BUSINESS ASSISTANCE AND ATTRACTION PROGRAM
The specific tasks to be performed by the Consultant in assisting with the administration of the City of Upland’s CDBG funded Business Attraction Assistance Program. The total cost is to reflect all tasks necessary for the completion of three (3) Commercial Façade projects per year. Typical grant amounts per project are $50,000.00. Tasks may vary slightly depending on the extent of the rehabilitation work to be performed. However, the Consultant will be generally responsible for the following:

1. Perform program marketing, update brochures/applications as needed

2. Update program guidelines as needed

3. Perform client intake and conduct eligibility reviews

4. Project file setup and maintenance

5. Prepare and submit historical and environmental clearance documentation

6. Perform property inspection services

7. Review and confirm financial/feasibility analysis

8. Prepare approval/denial recommendation report for loan review committee

9. Conduct applicant clearances for all federal and city requirements

CITY OF UPLAND HOUSING AND DEVELOPMENT SERVICES

10. Prepare loan and grant and contractual documentation

11. Conduct funding approval meeting

12. Monitor and provide technical assistance to ensure proper use of funds (Working Capital, Business Equipment and/or Tenant Improvements)

13. Process payment requests and other financial reporting

14. Conduct Full Time Equivalent employment compliance

15. Audit project file, closeout and warehouse

CDBG UPLAND HOMELESS OUTREACH PREVENTION AND EDUCATION

PROGRAM

1. Prepare program forms as needed

2. Update program guidelines as needed

3. Perform assistance determinations reviews

4. Review monthly progress reports

5. Process payment requests and other financial reporting

6. Audit project file, closeout and warehouse

CITY'S FUNDED CODE COMPLIANCE ASSISTANCE PROGRAM

1. Provide liaison services for code compliance of low to moderate income cases

2. Prepare and conduct any other services as required by the City

MISCELLANEOUS SERVICES

Miscellaneous project(s) and or services as requested by the City such as assisting with the preparation of the Recognized Obligation Payment Schedule, monitor Davis-Bacon requirements for CDBG capital improvement projects, manage the close out of the weed abatement program annually, etc.

It is understood that the provision of consulting administration services is to ensure that the City of Upland’s Housing, CDBG, State HOME and CalHOME are successful and properly administered. Additional tasks not previously outlined may be required and

CITY OF UPLAND HOUSING AND DEVELOPMENT SERVICES
LDM is committed to provide all assistance necessary to insure that the City’s programs are completed in an appropriate manner.

14 EXHIBIT B
Schedule of Charges/Payments

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

15 EXHIBIT C
Proposal

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH SHINE ILLUMINATION TO INSTALL

PERMANENT LIGHTING AND HOLIDAY DECORATIONS IN DOWNTOWN

RECOMMENDED ACTION:

It is recommended that the City Council approve the Professional Services Agreement between the City of Upland and Shine Illumination for the purchase and installation of permanent lighting and leased holiday decorations in Downtown Upland, authorize the transfer of $29,552 from the General Fund to the Parking and Business Improvement Area Fund, and authorize the City Manager to execute the Agreement.

GOAL STATEMENT
The proposed action will enhance the public realm in Downtown with the installation of permanent lighting and annual holiday decorations and increase visitors to the Downtown.

BACKGROUND
Staff is seeking to enhance the Downtown environment by incorporating permanent lighting and annual holiday decorations on a professional level to increase patronage in Downtown Upland.

Staff contacted and received two proposals and cost estimates from lighting and display companies specializing in creating custom displays for public and private organizations. The two companies contacted were Shine Illumination, who is the company that decorates the Colonies Crossroads Commercial Center during the Holidays, and the other is The Christmas Light Guy Company, who currently has a contract with t he City to decorate the City’s Christmas tree and Veterans Plaza.

After a review of the proposals and comparing the designs, Shine Illumination stood out as providing a superior scope of work resulting in a design that is elegant and appropriate for a historic downtown. Attached for the City Council’s reference is Exhibit A which contains photo simulations of their proposal. A main feature of the design focuses on the thirty-two (32) trees that are located in the center of Second Avenue, between C street and A Street, and 9th Street, between First Avenue and Third Avenue. Each tree will contain 40 strands of commercial grade mini lights, and seven (7), 24-inch warm-lighted spritzers which are the lighted spiked balls that can be seen in the Colonies Crossroad’s decorations.

The Gazebo will contain premium lighted Garland around the eaves of the upper and lower roof, and premium Garland wrapped around the light posts surrounding the gazebo with a 24-inch Mylar red bow. Lastly, the 9th Street Gateway will be decorated with premium lighted Garland across the top on the front and back and fifteen (15), 24 -inch spritzers across the upper part of the gateway sign. The underside of the gateway on both sides will contain a string of large lights from post to post.

Staff presented the Shine Illumination proposal at the April monthly board meeting of Historic Downtown Upland (HDU). The Board voted in favor of the proposal and was very complimentary of the design. Staff also indicated the project would be funded using 50% Parking and Business Improvement Funds and 50% from the General Fund. The HDU Board recommend that the project be funded at a higher percentage out of the General Fund with a 70/30 split.

ISSUES AND ANALYSIS
The Professional Services Agreement (PSA) with Shine Illumination is for four (4) years and runs from June 15, 2023 to January 15, 2027; which covers the next four Holiday seasons. Shine Illumination’s proposal is attached as Exhibit B to the PSA for the City Council’s reference. The Proposal entails the purchase and installation of permanent

commercial grade mini lights on the thirty-two (32) trees within Second Avenue and 9th Street for a price of $59,102.80 (Items 1 through 4 in Shine’s Proposal). The se lights last for approximately 2 to 3 years and will need to be repurchased a second time before the term expires in the PSA. The leased lighting entails the Holiday lights and decorations mentioned above and ancillary materials at an annual lease cost of $31,225.00 for the term of the PSA (Items 5 through 13 in Shine’s Proposal).

ENVIRONMENTAL DETERMINATION
The Professional Services 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 entails replacing the existing lights within Downtown with more robust lighting and annual Holiday decorations and displays.

FISCAL IMPACTS
The PSA will be funded 50% from the Parking and Business Improvement Area (PBIA) Fund 210 and 50% from the General Fund. The recommended action includes a transfer of $29,552 from the General Fund (City Manager’s FY 22/23 contingency account) to PBIA to cover half of the permanent lights purchase. The funds for the leased holiday lights and displays are included in the FY 23/24 operating budget.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Exempt.

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of June 12, 2023 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and Bapptre Landscaping, Inc., a CALIFORNIA CORPORATION, d/b/a Shine Illumination, with its principal place of business at 32773 Calle Perfecto, San Juan Capistrano, California 92675 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

For the purchase and installation of white lighting in Historic Downtown Upland along Second Avenue and 9th Street, and for the annual rental and installation of Christmas decorations within Historic Downtown Upland (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a.Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b.In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $59,102.80 for each installation of the PURCHASED LIGHTING and $31,225.00 each year for the LEASED DECORATIONS. The City will pay to Shine Illumination for the LEASED DECORATIONS fifty percent (50%) of the Fees for each holiday season: (a) for the initial holiday season, upon execution of this Agreement; and (b) for each holiday season after the initial holiday season, on or before September 1st of each such holiday year. The remaining balance of fees will be paid to Shine Illumination for each holiday season within fifteen (15) business days of the date of completion of Installation, unless otherwise agreed to in writing by the Parties hereto. Regarding the PURCHASED LIGHTING, the City will pay 100% of the Fee upon completion of the installation.

2 c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. Term.

The term of this Agreement shall be from June 15, 2023 to January 15, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Specific timelines for performance are provided in the “Activity Schedule” attached as Exhibit C. The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

3 b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance.

4 Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

5 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit

6 Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,

7 and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

8 12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.