Agenda packet — Upland City Council, August 14, 2023 (part 1 of 3)

Monday, August 14, 2023
Open session begins at 7:00 p.m.

Council Chamber

JOINT MEETING OF THE UPLAND CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE UPLAND

REDEVELOPMENT AGENCY
City Hall, 460 N Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.

Pages

1.CALL TO ORDER AND ROLL CALL

2.ADDITIONS-DELETIONS TO AGENDA

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

CLOSED SESSION BEGINS AT 6:00 p.m.

4.CLOSED SESSION
a.CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Diadra Hobson v. City of Upland
San Bernardino County Superior Court of California Case No. CIVSB2131752 b.CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 650 Diamond Court, Upland (APN: 1046-351-12-0000)

City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Housing Manager Diane Cotto
Negotiating Party: Eusebio Leon, Leon Family Trust
Under Negotiation: Price and Terms

5.INVOCATION
Pastor Laurie Baiz, Life Bible Fellowship Church

6.PLEDGE OF ALLEGIANCE

7.PRESENTATIONS
Presentation of a Certificate of Recognition to Caleb Delasantos for his assistance on a recent structure fire, presented by Assistant Fire Chief Birchfield National Preparedness Month Proclamation and Presentation with Klasha Ray, San Bernardino County Office of Emergency Services
Presentation of the Baldy View Dog Park plan and recognition of Luke Sugino and Carla Czerwinski with Luke Sugino, Architects, Inc.

8.CITY ATTORNEY

9.ORAL COMMUNICATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda.

Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.

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

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

Recommended Action:

Approve the Consent Calendar
a.APPROVAL OF MINUTES 10
Recommended Action:

Approve the Regular Meeting Minutes of July 24, 2023. (Staff Person: Keri Johnson)
b.CONSIDER ACCEPTANCE OF THE 2018 JUSTICE ASSISTANCE GRANT 15 CEQA: Not a Project.

Recommended Action:

Accept the City's share of the 2018 Justice Assistance Grant (JAG) award in the amount of $15,270 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant. (Staff Person: Marcelo Blanco)
c.CONSIDER ACCEPTANCE OF THE 2019 JUSTICE ASSISTANCE GRANT AND

APPROPRIATE THE FUNDS
40 CEQA: Not a Project.

Recommended Action:

Accept the City's share of the 2019 Justice Assistance Grant (JAG) award in the amount of $15,732 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan, direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant. (Staff Person: Marcelo Blanco)
d.CONSIDER ACCEPTANCE OF THE 2021 JUSTICE ASSISTANCE GRANT AND

APPROPRIATE THE FUNDING
98 CEQA: Not a Project.

Recommended Action:

Accept the City's share of the 2021 Justice Assistance Grant award in the amount of $19,513 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant. (Staff Person: Marcelo Blanco)
e.CONSIDER APPROVAL OF A PROFESSIONAL MAINTENANCE AGREEMENT

FOR ON-CALL ASPHALT PAVEMENT REPAIRS
124
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301 (c) (Existing Facilities), of the CEQA guidelines.

Recommended Action:

Approve an On-Call Asphalt Pavement Repairs Agreement with Hardy & Harper, Inc. in the amount of $300,000 annually, for a total contract amount not-to-exceed $900,000; and authorize the City Manager to execute the agreement. (Staff Person: Braden Yu)
f.CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC, INC.
150
CEQA: Not a Project.

Recommended Action:

Approve the first amendment with ADVANTEC Consulting Engineers, Inc., increasing the annual contract amount by $50,000 for a total annual amount of $150,000. (Staff Person: Braden Yu)
g.CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN PACIFIC, INC.
171
CEQA: Not a Project.

Recommended Action:

Approve the first amendment with HR Green Pacific, Inc. for development plan, map review services, and staff augmentation to increase the contract amount for FY 2022-23 in the amount of $35,000 for a total contract amount for FY 2022-23 of $95,000; and reduce the contract amount for FY 2023-24 in the amount of $35,000 for a total FY 2023-24 contract amount of $25,000. (Staff Person: Braden Yu)
h.CONSIDERATION OF WATER SHORTAGE CONTINGENCY PLAN LEVEL 194 CEQA: Not a Project.

Recommended Action:

Adopt a Resolution setting the Water Shortage Contingency Plan to Level 1. (Staff Person: Braden Yu)
i.CONSIDER APPROVAL OF AN AMENDMENT TO A PROFESSIONAL

SERVICES AGREEMENT FOR METROLINK SECURITY SERVICES
198
CEQA: Not a Project.

Recommended Action:

Approve amendment No. 1 to the Professional Services Agreement between the City of Upland and American Global Security, Inc. for Metrolink Station Security Guard Services; extending the agreement for an additional one (1) year; increase the contract amount by $153,342.70 for a total contract amount of $423,952.70; approving an additional allocation of $13,342.70 under account number 101- 5413-5253-54130; and authorizing the City Manager to execute any and all necessary and related documents to implement the amendment. (Staff Person:

Braden Yu)
j.MEASURE I CAPITAL IMPROVEMENT PLANS AND CAPITAL PROJECT

NEEDS ANALYSIS
223
CEQA: Not a Project.

Recommended Action:

Adopt a Resolution approving the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028, and adopt a Resolution approving the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2024/2025 through 2028/2029. (Staff Person: Braden Yu)
k.CONSIDER ACCEPTANCE OF THE NOTICE OF COMPLETION FOR
PROJECT NO. 70003 AND 70009, CITYWIDE STRIPING REPLACEMENT 235
CEQA: Determined to be Exempt. The City filed the Notice of Exemption with the County of San Bernardino on June 29, 2022.

Recommended Action:

Accept the work; authorize the City Manager or designee to record the Notice of Completion; and to reduce the Faithful Performance Bond to 10% for Project No. 70003 and 70009, Citywide Striping Replacement. (Staff Person: Braden Yu) l.ADOPT A RESOLUTION AMENDING THE SALARY SCHEDULE FOR PART-

TIME EMPLOYEES
237
CEQA: Not a Project
Recommended Action:

Adopt a Resolution amending the Salary Schedule for part-time employees. (Staff Person: Stephen Parker)
m.CONSIDER APPROVAL OF A CONTRACT WITH ANTHESIS FOR CUSTODIAL

SERVICES AT RECREATION AND COMMUNITY SERVICES FACILITIES 248
CEQA: Not a Project
Recommended Action:

Approve an agreement with Anthesis for custodial services at the Recreation and Community Services facilities through June 30, 2026 with three additional one- year terms; authorize the City Manager to execute the agreement; and authorize a budget transfer of $75,000. (Staff Person: Stephen Parker) n.AUTHORIZE THE CITY MANAGER TO JOIN THE CALIFORNIA DEPARTMENT OF TECHNOLOGY’S CONTRACT FOR MICROSOFT LICENSES AND

APPROVE A PURCHASE ORDER
267
CEQA: Not a Project
Recommended Action:

Authorize the City Manager to join the California Department of Technology’s (CDT) cooperative agreement (Contract 9-19-70-0012A) with Crayon Software Experts, LLC for Microsoft 365 licenses for a 3-year period, and approve a purchase order with Crayon and Microsoft for FY 2023/24. (Staff Person: Stephen Parker)
o.APPROVE AN AGREEMENT WITH COMPLETE PAPERLESS SOLUTIONS

FOR A CITYWIDE DOCUMENT SCANNING PROJECT
281
CEQA: Not a Project
Recommended Action:

Approve a professional services agreement with Complete Paperless Solutions (CPS) for a citywide document scanning project with a not to exceed of $350,000 by piggybacking on a competitively bid agreement negotiated by the City of Wildomar, and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker)
p.CONSIDER RESOLUTION AUTHORIZING THE TRANSFER OF
ADMINISTRATION OF THE CITY’S SECTION 115 TRUSTS
299
CEQA: Not a Project.

Recommended Action:

Adopt a Resolution approving the adoption of the Multiple Employee

OPEB/Pension 115 Trust Administered by Shuster Advisory Group, LLC. (Staff Person: Stephen Parker)
q.WARRANT AND PAYROLL REGISTER FOR JULY 2023 304
CEQA: Not a Project.

Recommended Action:

Approve July warrant registers (check numbers 44217-44515) and direct disbursements totaling $17,476,876.97 and payroll. (Staff Person: Stephen Parker)
r.ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY FUND

ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN FOR

BALDY VIEW DOG PARK
311
CEQA: Determine to be Exempt
Recommended Action:

Accept $1,000,000 in funding from the County of San Bernardino through Supervisors Armendarez’s and Hagman’s allocations of the Board of Supervisors Discretionary Fund – District Specific Priorities Program for upgrades to the Baldy View Dog Park, and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker)
s.CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY

FUND ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN

FOR DOWNTOWN CAMERA PROJECT
352
CEQA: Not a Project
Recommended Action:

Accept $500,000 in funding from the County of San Bernardino through Supervisors Armendarez’s and Hagman’s allocations of the Board of Supervisors Discretionary Fund – District Specific Priorities Program for a downtown camera project; and authorize the City Manager to execute the agreement. (Staff Person:

Stephen Parker)
t.CONSIDER APPROVAL OF AN AMENDMENT TO THE LEGAL SERVICES

AGREEMENT WITH RICHARDS, WATSON AND GERSHON FOR TWO

REIMBURSABLE MATTERS
392
CEQA: Not a Project
Recommended Action:

Approve an amendment to the legal services agreement with Richards, Watson and Gershon for two reimbursable matters. (Staff Person: Stephen Parker)

11.PUBLIC HEARINGS
a.CONSIDER APPROVAL OF THE EXPENDITURE OF QUIMBY FEES OUTSIDE

A NEIGHBORHOOD WHERE THE FEES WERE COLLECTED TO UPGRADE

RESTROOMS IN CITY PARKS
405
CEQA: Determine the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301, Existing Facilities, Class 1 of the CEQA Guidelines, since the proposed project does not

include any expansion of the existing site, and includes repairs, maintenance, improvements, and minor alterations to the existing parks. Further, if the activity is deemed a project, it would be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Recommended Action:

The City Council will conduct a public hearing to consider approving the expenditure of $115,000 in Quimby Fees outside a neighborhood where the fees were collected for restroom upgrades at Baldy View Park and Sierra Vista Park and approve a budget amendment. (Staff Person: Stephen Parker) Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Adopt a Resolution approving the expenditure of $115,000 in Quimby Fees outside a neighborhood where the fees were collected for restroom upgrades at Baldy View Park (located on 11th Street between Mountain and San Antonio Avenues) and Sierra Vista Park (located on 15th Street between 2nd and Campus Avenues), pursuant to Section 66477 of the California Government Code; and approve a budget amendment in the amount of $87,500 for overall restroom upgrades in City parks.

4. b.CONSIDER APPROVAL OF A RESOLUTION ADOPTING THE MASTER FEE

SCHEDULE
422
CEQA: Not a Project
Recommended Action:

The City Council will conduct a public hearing to consider adopting the Master Fee Schedule amending citywide fees. (Staff Person: Stephen Parker) Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Approve a Resolution adopting the Master Fee Schedule and amending citywide fees to cover the cost of services.

4. c.CONSIDER APPROVAL OF AN AMENDMENT TO THE PERMANENT LOCAL

HOUSING ALLOCATION FIVE YEAR PLAN GRANT
468
CEQA: Determined to be Exempt.

Recommended Action:

The City Council will conduct a public hearing to consider an amendment to the Permanent Housing Allocatin Five Year Plan. (Staff Person: Robert Dalquest) Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Adopt a Resolution approving an Amendment to the City of Upland’s Permanent Local Housing Allocation (PLHA) grant; and authorize the

4. City Manager to execute all necessary and related documents to the PLHA.
d.CONSIDER APPROVAL OF THE 2023 WEED ABATEMENT PROGRAM -

COUNTY SPECIAL ASSESSMENT LIST
476
CEQA: Not a Project.

Recommended Action:

The City Council will conduct a public hearing to consider approval of the Weed Abatement Assessment list. (Staff Person: Robert Dalquest) Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Approve the 2023 Weed Abatement Program County Special
Assessment List and authorize staff to submit the list to the San Bernardino County Tax Assessors Office.

4. 12.COUNCIL COMMITTEE REPORTS
a.COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR

CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only. b.FINANCE COMMITTEE MEETING, JULY 26, 2023 479
The Committee Chair will report on the meeting. This is an information item only.

13.BUSINESS ITEMS
a.AWARD OF BID FOR ARROW HIGHWAY PAVEMENT REHABILITATION AND UTILITY IMPROVEMENTS (BID No. 2023-07)
484
CEQA: Determined to be Exempt. The City filed the Notice of Exemption with the County of San Bernardino on October 4, 2022.

Recommended Action:

Approve the Plans and Specifications for the Arrow Highway Pavement Rehabilitation and Utility Improvement Project; award the construction contract to All American Asphalt in the amount of $9,821,800; and authorize a construction contingency in the amount of $1,378,200, for a total amount of $11,200,000. It is further recommended that the City Council transfer $1,559,120 from the Infrastructure Improvement Reserve to the General Capital Project Fund and appropriate the funds to be used towards the project. (Staff Person: Braden Yu) b.CONSIDER ADOPTING A RESOLUTION APPROVING THE LAST AND FINAL

RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEARS 2024/25 THROUGH 2036/37
487
CEQA: Determine to be Exempt
Recommended Action:

The Successor Agency Board adopt a Resolution approving a Last and Final

Recognized Obligation Payment Schedule (ROPS) covering Fiscal Years 2024/25 to 2036/37, and authorize staff to submit the Last and Final ROPS to the San Bernardino Countywide Oversight Board (“Countywide Oversight Board”) for approval and to the California State Department of Finance for their review. (Staff Person: Robert Dalquest)

14.COUNCIL COMMUNICATIONS

15.CITY MANAGER

16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, September 11, 2023.

NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.

All Agenda items and back-up materials are available for public review at the Upland Public Library, downstairs reference desk at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] On August 9, 2023 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall) and the City website at www.uplandca.gov

1 MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL

July 24, 2023
7:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue

Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga

Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 6:00 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 6:00 p.m.

4. CLOSED SESSION
At 6:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jeannette Vagnozzi v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2122496 The Council reconvened in open session at 7:01 p.m.

5. INVOCATION
Reverend Jan Chase, Unity Church of Pomona

6. PLEDGE OF ALLEGIANCE
Led by Bob Cable

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2 7. PRESENTATIONS
Recognition of Light Up the Night Sponsors

8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received a report on Item 4A on the agenda and there was no reportable action during Closed Session.

9. ORAL COMMUNICATIONS
Chris Scarzo, Upland, spoke about the negative experience he had dealing with weed abatement staff regarding the fees assessed to his property.

Rondee Mullenaux, Upland, spoke regarding the public hearing that was held regarding a non-conforming property on 11th Avenue and asked the Council to consider the health of the neighborhood and reconsider the extension of the amortization period.

Garrett Mullenaux, Upland, spoke in opposition of the City extending the non-conforming use of a property on 11th Avenue and stated there are issues with truck traffic and exhaust fumes in the neighborhood.

Rob Perhamus, Upland, thanked the Council and staff.

10. CONSENT CALENDAR
Councilmember Garcia removed Consent Calendar Item 10i for separate action.

Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously

a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of June 26, 2023.
b. DESIGNATION OF VOTING DELEGATE FOR THE ANNUAL LEAGUE OF

CALIFORNIA CITIES CONFERENCE
Appoint Mayor Velto as the voting delegate, and Mayor Pro Tem Garcia and Councilmember Breitling as alternate voting delegates, to represent the City of Upland at the League of California Cities General Assembly Meeting on September 22, 2023.
c. CONSIDER A RESOLUTION TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE COVID-19 VIRUS
Adopt Resolution No. 6733 terminating the existence of a local emergency caused by the Novel Coronavirus (COVID-19).
d. WARRANT AND PAYROLL REGISTER FOR JUNE 2023
Approve June warrant registers (check numbers 43899-44216) and direct disbursements totaling $12,095,575.94 and payroll.

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3 e. CONSIDER APPROVING THE RECLASSIFICATION OF TWO PART-TIME

PARK RANGER POSITIONS TO ONE FULL-TIME PARK RANGER POSITION Approve the reclassification of two (2) part-time Park Ranger positions to one (1) full-time Park Ranger position and approve a budget adjustment of $22,291 from fund balance in the General Fund.
f. TREASURER’S REPORT JUNE 2023
Receive and file the June 2023 Treasurer’s Report.
g. CONSIDER ADOPTING RESOLUTIONS TO LEVY AND COLLECT SPECIAL TAXES
Adopt Resolution No. 6734 authorizing the levy of special taxes in: Community Facilities District 2003-1 (Upland 54); Community Facilities District 2003-2 (The Colonies at San Antonio) - Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District 2015-1 (Sycamore Hills) Improvement Area No. 1 and Improvement Area No.2; Community Facilities District 2016-1 (Harvest at Upland) Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District No. 2022-1 (Enclave at Upland); Community Facilities District 2016-2 (Harvest Maintenance); and Community Facilities District 2017-1 (Sycamore Hills Maintenance Services) for Fiscal Year 2023-24. h. CONSIDER ADOPTING A RESOLUTION APPROVING A TRANSFER OF FUND BALANCE TO SECTION 115 TRUSTS AND OTHER CITY COUNCIL

DESIGNATED ACCOUNTS
Adopt Resolution No. 6735 approving a transfer of fund balance to Section 115 Trusts and other City Council designated accounts in conjunction with the General Fund Reserve Policy.
i. CONSIDER APPROVAL OF BLANKET PURCHASE ORDERS FOR PUBLIC

WORKS UTILITIES DIVISION
Assistant City Manager Parker clarified the purpose of the blanket purchase orders.

Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve various Public Works blanket purchase orders.

Motion: Carried Unanimously

11. PUBLIC HEARINGS
a. PUBLIC HEARING TO CONSIDER DELINQUENT WATER, SEWER, AND

REFUSE SERVICE CHARGES TO BE COLLECTED ON THE TAX ROLL
Assistant City Manager Parker presented the staff report, which is on file in the City Clerk's office.

Mayor Velto opened the Public Hearing.

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4 Ryan Abouchedid, stated that he received a notice for delinquent water and sewer services, but the delinquency was prior to his purchase of the home. He further stated that he did not feel he should be responsible for debt he did not incur.

Ruhong Annie Wei, Upland, stated that she is an Agent for a property with delinquent water charges and stated that her client had never received a bill for the services and the charges were incurred by the prior tenant over a period of four years. She further stated that she had inquired regarding any outstanding balance when the prior tenant moved out and was told there was no outstanding balance.

Tianchen Mark Qiu, Irvine, spoke regarding his parent's property which has delinquent water charges and stated that the prior tenants incurred the charges and his parents did not receive any notices.

Steve Martinson, Upland, stated that he owns a rental property in the City and his tenants incurred the delinquent charges, but he never received any late notices until he received the notice for the public hearing. He stated that he paid the bill to avoid the charges being placed on the property tax bill.

There being no further speakers, Mayor Velto closed the Public Hearing.

Assistant City Manager Parker answered questioned posed by the Council regarding the notification process to property owners, the responsible party for water services, and changes in the process moving forward.

Moved by: Mayor Velto
Seconded by: Councilmember Zuniga
Authorize staff to place the delinquent charges on the tax roll provided, however with respect to those property owners who spoke during the public hearing, if staff confirms that they failed to receive notice then staff can remove them from the delinquent list.

Motion: Carried Unanimously

12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR

CONFERENCE ATTENDANCE
Councilmember Breitling provided information from his attendance of the Upland Library Board meeting.

Councilmember Zuniga provided information from his attendance of the San Antonio Water Company Board meeting.
b. PUBLIC WORKS COMMITTEE MEETING, JULY 11, 2023
Councilmember Breitling provided a recap of the meeting.

13. BUSINESS ITEMS

14. COUNCIL COMMUNICATIONS

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5 Councilmembers announced various activities throughout the community, including providing an update on events they attended.

15. CITY MANAGER

16. ADJOURNMENT
At 8:14 p.m., Mayor Velto adjourned in memory of Kenny Sexton, City of Upland Employee. The next regularly scheduled City Council meeting is Monday, August 14, 2023.

Keri Johnson, City Clerk

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO BLANCO, POLICE CHIEF

JACOB KIRK, POLICE SERGEANT
SUBJECT: CONSIDER ACCEPTANCE OF THE 2018 JUSTICE ASSISTANCE GRANT

RECOMMENDED ACTION:

It is recommended that the City Council accept the City's share of the 2018 Justice Assistance Grant (JAG) award in the amount of $15,270 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant.

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

BACKGROUND
The U.S. Department of Justice has released the local solicitation for Justice Assistance Grant (JAG) under the American Recovery Act. JAG funds can be used for law enforcement programs; prosecution and c ourt programs; prevention and education programs; corrections and community corrections programs; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and, crime victim and witness programs. As such, police agencies are allowed flexibility to prioritize and use the funds where they are needed most.

The County of San Bernardino and its cities are considered disparate. The JAG legislation requires that if a city (or cities) receives one and one-half times (150 percent) more funding (four times or 400 percent more for multiple cities) than the county, there is a funding disparity, and the units of local government must apply for an award with a single, joint application. Therefore, the County will act as the Fiscal Agent and will be responsible for applying for the grant on behalf of all the qualifying disparate jurisdictions. As has been agreed upon in the past, a 5% administration fee will be retained by the County. The attached Memorandum of Understanding (Interlocal Agreement) must be signed by each city.

ISSUES AND ANALYSIS
Staff met to discuss how these funds best serve the needs of the police department. The police department will use the 2018 JAG grant funds to purchase a Robotronics KC and Cruiser robot and two Meridian Rapid Defense Archer Arrestor cables.

The robot will be utilized for teaching crime prevention and safety awareness at community events throughout our city. These events include our department open house, coffee with a cop, neighborhood watch meetings and events at the 14 schools within our community. Community policing and community engagement are extremely important to our agency, and this robot will assist us in building stronger relationships with all members of our community.

The arrestor cables are vehicle intrusion mitigation devices that will assist the police department in closing streets when necessary to protect police personnel and/or members of the public from vehicle attacks during planned/unplanned gatherings, protests, riots and/or times of civil unrest.

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.

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FISCAL IMPACTS
Increase the revenue and expenditure budget in fund 219 by $15,270. Equipment purchased is 100% funded by the grant and would have no impact on the general fund.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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177 E. Colorado Blvd, Suite 200
Pasadena, CA 91105
+1 8186419802
[email protected]
Quote

ADDRESS
Marci Williams
Upland CA Police Department
1499 W 13th Street
Upland, CA 91786

SHIP TO
Marci Williams
Upland CA Police Department
1499 W 13th Street
Upland, CA 91786
QUOTE #DATE EXPIRATION DATE
S-20230719CA-1 07/19/2023 10/19/2023

PRODUCT DESCRIPTION QTY RATE AMOUNT
Arrestor Cable (10ft) - GSA Arrestor Cable™ (10ft)2 670.68 1,341.36T PAYMENT TERMS:

Due to high demand levels, your delivery date will be
guaranteed with your 50% deposit so that your protection starts when you need it.

SUBTOTAL 1,341.36
TAX 103.96
SHIPPING 250.00
TOTAL USD 1,695.32
Accepted By Accepted Date

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DATE: August 14, 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 ACCEPTANCE OF THE 2019 JUSTICE ASSISTANCE GRANT AND

APPROPRIATE THE FUNDS

RECOMMENDED ACTION:

It is recommended that the City Council accept the City's share of the 2019 Justice Assistance Grant (JAG) award in the amount of $15,732 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan, direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant.

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

BACKGROUND
The U.S. Department of Justice has released the local solicitation for Justice Assistance Grant (JAG) under t he American Recovery Act. JAG funds can be used for law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and, crime victim and witness programs. As such, police agencies are allowed flexibility to prioritize and use the funds where they are needed most.

The County of San Bernardino and its cities are considered dispara te. The JAG legislation requires that if a city (or cities) receives one and one-half times (150 percent) more funding (four times or 400 percent more for multiple cities) than the county, there is a funding disparity, and the units of local government mu st apply for an award with a single, joint application. Therefore, the County will act as the Fiscal Agent and will be responsible for applying for the grant on behalf of all the qualifying disparate jurisdictions. As has been agreed upon in the past, a 5% administration fee will be retained by the County. The attached Memorandum of Understanding (Interlocal Agreement) must be signed by each city.

ISSUES AND ANALYSIS
Staff met to discuss how these funds best serve the needs of the Police Department. Staff decided the purchase two additional Archer 1200 Barriers to add to our Meridian Barrier supply would be the best use of the funds. These vehicle intrusion mitigation devices will assist the police department in closing streets when necessary to protect police personnel and/or members of the public from vehicle attacks during planned/unplanned gatherings, protests, riots and/or times of civil unrest.

FISCAL IMPACTS
Increase the revenue and expenditure budget in fund 219 by $1 5,732. Equipment purchased is 100% funded by the grant and there will be no impact on the general fund.

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ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF

LON TEAGUE, POLICE LIEUTENANT
SUBJECT: CONSIDER ACCEPTANCE OF THE 2021 JUSTICE ASSISTANCE GRANT AND

APPROPRIATE THE FUNDING

RECOMMENDED ACTION:

It is recommended that the City Council accept the City's share of the 2021 Justice Assistance Grant award in the amount of $19,513 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant.

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

BACKGROUND
The U.S. Department of Justice has released the local solicitation for Justice Assistance Grant (JAG) under th e American Recovery Act. JAG funds can be used for law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and, crime victim and witness programs. As such, police agencies are allowed flexibility to prioritize and use the funds where they are needed most.

ISSUES AND ANALYSIS
Staff met to discuss how these funds best serve the needs of the Police Department. Officer safety is paramount in our industry, and identifying ways to mitigate officers getting harmed in the line of duty is a priority. Recon Robotics THROWBOT 2 ROBOT is a ground robot that facilitates this priority. The THROWBOT can search indoor and outdoor environments without exposing officers to unnecessary risks, such as a hidden armed suspec t. Once deployed, the THROWBOT can be directed through remote control and transmits real-time audio and video to the robot operator, providing officers with a tactical advantage. Unlike a UAV, which requires specialized training, the THROWBOT can be used by any patrol officer.

The Crisis Negotiation Team (CNT) works hand in hand with the Department’s SWAT Team. CNT members can find themselves inside of the Armored Rescue Vehicle (ARV) during negotiations with a barricaded subject. Chemical agents are often utilized during these events. The ARV is not airtight and chemical agents can enter the cabin of the ARV, causing exposure to unprotected CNT members. Staff will use the remaining grant funds to make a future purchase of personal protective equipment for CNT members to mitigate chemical agent exposure s.

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FISCAL IMPACTS
Increase the revenue and expenditure budget in fund 219 by $19,513. The equipment purchased is 100% funded by the grant and would not impact the general fund.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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Sales Quote
5251 W 73rd St, Suite A, Edina, MN 55439
TEL 952-935-5515 FAX 952-935-5508
www.reconrobotics.com
[email protected]
Date:07/18/2023
Sales Quote #:21-0178B
Customer #:NA-C-1349-2
MN Tax ID: 9403924 FEIN: 26-2183823
GSA Contract #: GS-07F-0075U

BILLING ADDRESS
Upland Police Dept.

Quinn Hanley
1499 W. 13th Street
Upland, CA 91786
USA
909-240-9467
[email protected]

SHIPPING ADDRESS
Same

SALES REP TERMS SHIP VIA FOB ESTIMATED DELIVERY TIME
Brett Schendel Net30 UPS Ground Destination 4 - 6 weeks from receipt of purchase order [all prices in US Dollars]
QTY MODEL #ITEM DESCRIPTION UNIT COST EXTENDED COST
1 RSK-TB2/OCU3-C Throwbot 2 Kit with Throwbot® 2 Robot and OCU3 on Channel C.2
16,270.00 $16,270.00
1 SSP SearchStick Pole 600.00 $600.00
1 Discount Honoring Quote# 21-0178 -775.00 $-775.00
1 Shipping & Handling 220.00 $220.00
TOTAL $16,315.00
‡ Within the United States, sale of the Recon Scout® or Throwbot® robots to non-Federal and non-military entities is limited to state and local police and firefighters eligible for licensing under 47 C.F.R. § 90.20(a)(1) of the FCC Rules, and security personnel in Critical Infrastructure Industries as defined in the FCC Rules, 47 C.F.R. § 90.7. Operation of this product by non-federal and non-military entities requires an FCC license. These FCC Rules do not apply to sales made outside the United States.
¶ This sales quote is valid for 90 days after the above date.

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ATTN: U.S. Law Enforcement and First Responder Customers

This FCC contact form must be completed and received before a Purchase Order may be processed for orders of Recon Scout or Throwbot robots. Please submit this form with your Purchase Order, or submit in advance to speed up processing. Submission of this form does not create an obligation to purchase any equipment from ReconRobotics.

End User

Entity Name: __________________________________________________________________________ Contact Information
FCC licensing paperwork will be emailed at time of shipment to the person provided below. Please provide contact information for the appropriate FCC coordinator with the agency that will be using this equipment. If the equipment will be shipped to multiple agencies, you must submit one copy of this form for each end user.

Communications Director: ____________________________________________________________________ Phone: ( ) _______________ E-mail: ______________________________________________________ Attestation
By signing below, I attest that the end user entity named above is eligible to license this equipment, and agree to abide by all FCC requirements.

Name (printed): _________________________________ Title: _________________________________

Signature: ______________________________________ Date: _________________

FCC Eligibility
The usage of the Recon Scout robot and related equipment is subject to the following conditions:
 Eligibility is limited to state and local police and firefighters eligible for licensing under Section 90.20(a)(1) of the Commission’s Rules, and security personnel in critical infrastructure industries.  The Recon Scout robot may be used only during actual emergencies involving threats to safety of life, and for necessary training related to such operations.
 Security personnel in critical infrastructure industries may operate the Recon Scout robot only in areas that are environmentally hazardous for entry by human personnel, and for necessary training related to such operations.  The Recon Scout robot will operate on a secondary basis (cannot cause interference and is not protected from interference) to all Federal users and licensed non-Federal users. This device may not interfere with Federal stations operating in the 420-450 MHz band and must accept any interference received.  Training operations are not permitted within thirty kilometers of the following Federal radiolocation sites:
 Site Coordinates (degrees-minutes-seconds)
o Beale Air Force Base 39-08-10 N / 121-21-04 W
o Cape Cod Air Force Station 41-45-07 N / 70-32-17 W
o Clear Air Force Station 64-55-16 N / 143-05-02 W
o Cavalier Air Force Station 48-43-12 N / 97-54-00 W
o Eglin Air Force Base 30-43-12 N / 86-12-36 W
 The operation of the Recon Scout may be impacted in the vicinity of the following radar and ionospheric research sites:
 Site Coordinates (degrees-minutes-seconds)
o Arecibo, Puerto Rico 18-20-37 N / 66-45-11 W
o Westford, Massachusetts 42-37-24 N / 71-29-18 W
o Poker Flats, Arkansas 65-07-47 N / 147-28-14 W

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Sales Quote
5251 W 73rd St, Suite A, Edina, MN 55439
TEL 952-935-5515 FAX 952-935-5508
www.reconrobotics.com
[email protected]
Date:07/18/2023
Sales Quote #:23-0285
Customer #:NA-C-1349-2
MN Tax ID: 9403924 FEIN: 26-2183823
GSA Contract #: GS-07F-0075U

BILLING ADDRESS
Upland Police Dept.

Quinn Hanley
1499 W. 13th Street
Upland, CA 91786
USA
909-240-9467
[email protected]

SHIPPING ADDRESS
Same

SALES REP TERMS SHIP VIA FOB ESTIMATED DELIVERY TIME
Brett Schendel Net30 UPS Ground Destination 4 - 6 weeks from receipt of purchase order [all prices in US Dollars]
QTY MODEL #ITEM DESCRIPTION UNIT COST EXTENDED COST
1 TacPack-RG Tactical Pack Ranger Green 200.00 $200.00
1 Shipping & Handling 20.00 $20.00
TOTAL $220.00
‡ Within the United States, sale of the Recon Scout® or Throwbot® robots to non-Federal and non-military entities is limited to state and local police and firefighters eligible for licensing under 47 C.F.R. § 90.20(a)(1) of the FCC Rules, and security personnel in Critical Infrastructure Industries as defined in the FCC Rules, 47 C.F.R. § 90.7. Operation of this product by non-federal and non-military entities requires an FCC license. These FCC Rules do not apply to sales made outside the United States.
¶ This sales quote is valid for 90 days after the above date.

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ATTN: U.S. Law Enforcement and First Responder Customers

End User

Name (printed): _________________________________ Title: _________________________________

Signature: ______________________________________ Date: _________________

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

KIRK SWANNER, ASSOCIATE ENGINEER
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL MAINTENANCE AGREEMENT FOR ON-

CALL ASPHALT PAVEMENT REPAIRS

RECOMMENDED ACTION:

It is recommended that the City Council approve an On-Call Asphalt Pavement Repairs Agreement with Hardy & Harper, Inc. in the amount of $300,000 annually, for a total contract amount not -to-exceed $900,000; and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City’s goal of providing high quality of life by assuring that all the City’s streets and alleys are restored as soon as feasibly possible to proper working condition.

BACKGROUND
The City of Upland has 220 miles of roadways and 34 miles of alleyways, which the Operations Division performs and/or oversees the routine maintenance. Public Works Operations receives approximately 900 roadways and/or alleyway work order requests per year. City staff fills approximately 1,700 potholes per year but has a backlog and delays in addressing roadway pavement service order requests due to staffing challenges.

The On-Call Pavement Repair Contract will augment the in-house staff operations and benefit our roadway maintenance program. This will offer the option for more efficient and effective pothole repairs throughout the city and will also provide the flexibility of utilizing the contractor for pavement striping services on an as -needed basis, benefiting our overall maintenance program.

ISSUES AND ANALYSIS
Staff prepared an On-Call Asphalt Pavement Repairs request for proposals (RFP), seeking the services of an asphalt street pavement repair Contractor who specializes in providing asphalt street repairs, stripping and seal coating services, repairs, and miscellaneous services billed on a time and materials b asis. On June 19, 2023, the RFP for On- Call Asphalt Pavement Repairs went out to qualified Contractors asking bidders to provide a time and materials quote.

On July 13, 2023, two proposals were received from paving contractors: Hardy & Harper, Inc. and Gentry General Engineering, Inc. Staff analyzed the bids and Hardy & Harper offered more competitive pricing on 63 out of the 69 total line items (see Exhibit B for more detail). As a result, the City confirmed that Hardy & Harper, Inc. is the lowest responsible and responsive bidder.

If approved, this agreement would be for $300,000 annually for a period of three (3) year s and three (3) optional one- year extensions.

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 CEQA Guidelines. The project involves repair, maintenance, and retrofit of existing public facilities, and does not involve any expansion of use beyond that which is existing.

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FISCAL IMPACTS
The adopted FY 2023-24 Measure I budget contains sufficient funds for this contract, so no additional appropriations are required. If approved, funds will be allocated in the General Fund, Gas Tax and/or Measure I budget for the remaining years.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301 (c) (Existing Facilities), of the CEQA guidelines.

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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT
2023 ON-CALL ASPHALT PAVEMENT REPAIR SERVICES
CONTRACT NUMBER: 23PW0801

1. PARTIES AND DATE.

This Agreement is made and entered into this 14 day of August, 2023 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”) and Hardy & Haper, Inc. (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing On-Call Asphalt Pavement Repair services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the 2023 On-Call Asphalt Pavement Repair Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional On-Call Asphalt Pavement Repair maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 14, 2023 to Jun 30, 2026, unless earlier terminated as provided herein. The City may, upon mutual agreement, extend the contract for three (3) additional 1 (one) year terms. If contract is extended beyond the original term, contract price may be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Riverside-San Bernardino-Ontario Area published monthly by the United States Bureau of Labor Statistics (CPI).

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”).

City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates the Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contract or’s

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Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or attached hereto, or which may be provided separately in writing to the Contractor.

Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged, and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions

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of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors, and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

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3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

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

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of Califorrili:1;·Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section

3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting o r other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

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

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders,

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bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds.

No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

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3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money– will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of wo rk before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense.

Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

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3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. This amount shall not exceed Three Hundred Thousand Dollars $300,000.00 annually, for a total compensation of Nine Hundred Thousand Dollars $900,000.00 for the term of the Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (basic compensation amount and Extra Work) exceed fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

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

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upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement.

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

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630

City:

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

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

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

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents, and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be

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

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service

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voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section

3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND HARDY & HARPER, INC.

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

CITY OF UPLAND
APPROVED BY:

BILL VELTO
Mayor

ATTESTED BY:

KERI JOHNSON
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

HARDY & HARPER, INC.

By:

Its: Vice
President_______

Printed Name: Michael
Murray

By:

Its: Corporate
Secretary

Printed Name: Kristen
Paulino

_215952__________________________________
Contractor’s License Number

_1000000076______________________________
DIR Registration Number

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EXHIBIT A

SCOPE OF SERVICES AND FEE SCHEDULE
The Contractor shall respond to individual calls for service within one (1) working day. The Work will then be scheduled by mutual agreement and be completed with the time agreed upon for each specific item of work. Failure to promptly respond or to complete the work in a timely manner shall give cause for termination of this agreement at the City’s sole discretion.

Upon occasion, materials required will not be specifically established in the fee schedule.

For those materials, the contractor will submit actual costs and be allowed a set mark -up as established in the basic contract.

For detailed pricing, please refer to the following Exhibit “A” as provided in the proposal.

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EXHIBIT B

PERFORMANCE BOND
A Payment Bond and a Performance Bond, each in the amount of Three Hundred Thousand Dollars ($300,000.00), are required and shall be renewed annually.

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CITY OF UPLAND

PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION 1 2
1370 N. Benson Avenue
Upland, CA 91786
(909) 291-2930
(909) 291-2974 Fax
Bid No. 2022-01 on 1/19/2022 974279 215952
Project No. 7340 - 17th Street Reconstruction 1000024189 1000000076

BID PRICE BID PRICE
#CATEGORY / DESCRIPTION UNIT UNIT COST UNIT COST
Equipment Breakdown (w/o Labor)
1 Flat Bed Truck w/ Compressor Mount LS 833.61$ 330.00$ 2 Bob-Tail Truck 9-11 Yards LS 635.53$ 320.00$ 3 Concrete Flat Bed Truck LS 577.94$ 300.00$ 4 Dump Truck 9-11 Yards LS 1,177.71$ 350.00$ 5 Air Compressor LS 285.71$ 160.00$ 6 Water Truck LS 635.53$ 320.00$ 7 Skip Loader (incl trailer)LS 506.74$ 350.00$ 8 Flat Bed Truck w/ 3-5 ton roller combo LS 1,069.26$ 670.00$ 9 Dump Truck w/ Skip Loader & Trailer combo LS 1,444.00$ 700.00$ 10 10-12 Ton Roller (incl trailer)LS 1,228.29$ 620.00$ 11 3-5 Ton Roller (incl trailer)LS 521.35$ 370.00$ 12 Berm Machine (min. charge)LS 5,000.00$ 1,500.00$ 13 Bobcat w/ bucket LS 467.80$ 250.00$ 14 Bobcat w/ grinder LS 497.53$ 310.00$ Materials
15 Asphalt (D2-PG 64-10 Mix) in accordance with SSPWC Subsections 203-6 “Asphalt Concrete” and 302-5 “Asphalt Concrete Pavement”TON 153.97$ 95.00$ 16 Asphalt (C2-PG 64-10 Mix) in accordance with SSPWC Subsections 203-6 “Asphalt Concrete” and 302-5 “Asphalt Concrete Pavement”TON 151.47$ 92.00$ 17 Asphalt Plant Opening on Saturday EA 1,877.73$ 1,000.00$ 18 Crushed Aggregate Base (CAB) per SSPWC Section 200-2.2 CY 33.80$ 25.00$ 19 Crushed Miscellaneous Base (CMB) per SSPWC Section 200-2.4. Note: Processed CY 18.78$ 15.00$ 20 Tack Coat Material Grade SS-1h per SSPWC Subsection 302-5.4 SF 0.25$ 1.00$ 21 Concrete (3 - 10 C.Y.)CY 262.88$ 195.00$ 22 Short Load Charge (less than 3 C.Y.)EA 563.32$ 700.00$ Asphalt 4” thick - Remove and Replace
1 0 – 500 SF 16.31$ 13.50$ 2 501 – 2,000 SF 13.76$ 10.00$ 3 2,001 – 5,000 SF 13.26$ 7.00$ 4 5,001 – 15,000 SF 13.11$ 4.50$ 5 15,001 – 30,000 SF 13.01$ 3.50$ Asphalt 6” thick - Remove and Replace in 2 Lifts
1 0 – 500 SF 18.18$ 17.00$ 2 501 – 2,000 SF 16.49$ 11.75$ 3 2,001 – 5,000 SF 15.95$ 9.25$ 4 5,001 – 15,000 SF 15.69$ 5.75$ 5 15,001 – 30,000 SF 15.53$ 4.75$ 6" Asphalt Berm
1 0 – 500 LF 85.85$ 12.00$ 2 501 – 1,000 LF 37.77$ 11.00$ 8" Asphalt Berm
1 0 – 500 LF 91.94$ 13.00$ 2 501 – 1,000 LF 44.22$ 12.00$ “T-Cut” Asphalt Grinding – 0.12’ Depth w/ 0.12’ AC Overlay 1 0 – 500 SF 9.60$ 9.50$ 2 501 – 2,500 SF 6.13$ 4.50$ 3 2,501 – 5,000 SF 5.76$ 3.25$

GENTRY GENERAL
ENGINEERING, INC.HARDY & HARPER, INC.
9277 Archibald Ave
Rancho Cucamonga, CA 91730
32 Rancho Circle
Lake Forest, CA 92630

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Striping (Two Coats Paint)
1 4-inch White Stripe LF 2.50$ 1.15$ 2 6-inch White Stripe LF 3.13$ 1.45$ 3 8-inch White Stripe LF 3.76$ 1.75$ 4 4-inch Yellow Stripe LF 2.50$ 1.15$ 5 4-inch Double Yellow Stripe LF 3.76$ 2.30$ Striping (Thermoplastic) per Caltrans Std.
1 12-inch White Cross-Walk SF 6.26$ 5.00$ 2 12-inch White “Ladder Style” Cross-Walk SF 6.26$ 5.00$ 3 12-inch Yellow Cross-Walk SF 6.26$ 5.00$ 4 12-inch Yellow “Ladder Style” Cross-Walk SF 6.26$ 5.00$ 5 12-inch White Stop Bar SF 6.26$ 5.00$ 6 Pavement Legend (Arrows, Speed Limit Markings)EA 250.36$ 200.00$ 7 Pavement Legend (“STOP”)EA 375.54$ 300.00$ 8 Pavement Legend (“STOP AHEAD”)EA 500.73$ 300.00$ 9 Pavement Legend (“KEEP CLEAR”)EA 500.73$ 300.00$ 10 Pavement Legend (“SIGNAL AHEAD”)EA 563.32$ 350.00$ 11 Pavement Legend (“SLOW SCHOOL XING”)EA 625.91$ 400.00$ 12 Pavement Legend (Railroad Crossing Symbol)EA 375.54$ 200.00$ 13 Pavement Legend (Bike Lane Symbol)EA 375.54$ 200.00$ AC cap over existing (Skin patch) (1”- 1.25” nominal thickness) 1 0 – 1,000 SF 6.78$ 11.50$ 2 1,001 – 5,000 SF 4.98$ 9.50$ 3 5,001 – 10,000 SF 4.76$ 7.50$ 4 10,001 + S.F.SF 4.69$ 5.50$ Slurry Seal – Type 1
1 0 – 1,000 SF 6.26$ 5.15$ 2 1,001 – 5,000 SF 5.01$ 2.85$ 3 5,001 – 10,000 SF 3.76$ 1.45$ 4 10,001 + S.F.SF 3.76$ 0.65$ Slurry Seal – Type 2
1 0 – 1,000 SF 6.26$ 5.15$ 2 1,001 – 5,000 SF 5.01$ 2.90$ 3 5,001 – 10,000 SF 3.76$ 1.50$ 4 10,001 + S.F.SF 3.76$ 0.75$

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

ALAN FRENCH, PRINCIPAL ENGINEER
SUBJECT: CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC, INC.

RECOMMENDED ACTION:

It is recommended that the City Council approve the first amendment with ADVANTEC Consulting Engineers, Inc., increasing the annual contract amount by $50,000 for a total annual amount of $150,000.

GOAL STATEMENT
The proposed action supports the City’s goal of providing reliable, timely and efficient traffic engineering services for the citizens of the City.

BACKGROUND
The City Traffic Engineer is an integral part of the Public Works Department and provides technical analysis for traffic safety and parking issues; assists reviewing requests and concerns from residents; conducts traffic and parking studies ; and implements traffic control measures. The City of Upland utilizes a part-time contracted consultant to provide these services and to augment existing staff levels. To provide these services, the City Council approved the professional services agreement with ADVANTEC Consulting Engineers, Inc. (ADVANTEC) for traffic engineering services and staff augmentation on the December 13, 2021. The original contract was a three-year term with an optional two one-year extensions. The contract amount was for $50,000 for Fiscal Year 21/22 and $100,000 for Fiscal Years 22/23 and 23/24 for a total contract amount of $250,000.

ISSUES AND ANALYSIS
The services provided by ADVANTEC are essential to keep the City in compliance with the latest traffic regulation and review the development activity for compliance with city ordinance, state regulation and federal guidelines.

Currently, the Contracted Traffic Engineer is budgeted to work a minimum of one day a week. Based on recent activity levels, an increase to the Traffic Engineer’s availability would provide more service and allow the traffic engineer to be on-site for two days per week. This will also allow the Traffic Engineer more time to review the projects submitted and avoiding unnecessary delays waiting for his return. ADVANTEC provides cost effective services and has performed satisfactorily for the term since the beginning of the contract.

ENVIRONMENTAL DETERMINATION
This contract amendment for traffic engineering servicing with the City is not considered a project under the California Environmental Quality Act (CEQA) regulations.

FISCAL IMPACTS
Funds have been budgeted in the 2023-24 fiscal year under account number 1015302-5252 to cover the increase. In addition, some funds are recovered through the development process.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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AMENDMENT NO. 1 TO AGREEMENT

FOR PROFESSIONAL SERVICES WITH ADVANTEC
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of August 14, 2023 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and ADVANTEC Consulting Engineers, INC. ("Consultant").

City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A.WHEREAS, the City and the Consultant have entered into an agreement, dated January 1, 2022, for the purpose of providing traffic engineering services (the "Original Agreement").

B.WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional traffic engineering services and to include additional funds for the performance of the additional traffic engineering services in accordance with the compensation provisions of the Original Agreement.

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

AGREEMENT

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

2.Compensation Commencing July 1, 2023. Notwithstanding any provisions in Section 2 of the Original Agreement to the contrary, commencing July 1, 2023, and for services rendered to City thereafter, (a) the fiscal year compensation shall not exceed $150,000, (b) the Schedule of Charges shall be as set forth in Exhibit “A-1” attached hereto and incorporated herein by reference, and (c) the total fiscal year compensation, including Additional Work, shall not exceed $200,000 without approval by the City Council

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

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

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

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CITY OF UPLAND CONSULTANT
ADVANTEC Consulting Engineers, Inc.

Michael Blay,
City Manager
APPROVED AS TO FORM:

Stephen Deitsch
Best Best & Krieger, LLP
City Attorney
Leo Lee, PE
CEO
ADVANTEC Consulting Engineers, Inc.

Name
TITLE
ATTEST:

Keri Johnson
City Clerk

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EXHIBIT A-1

ADDITIONAL TRAFFIC ENGINEERING SERVICES
[RATE SHEET ATTACHED]

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EXHIBIT A-1

ADDITIONAL TRAFFIC ENGINEERING SERVICES
[RATE SHEET ATTACHED]

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

ALAN FRENCH, PRINCIPAL ENGINEER
SUBJECT: CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN PACIFIC, INC.

RECOMMENDED ACTION:

It is recommended that the City Council approve the first amendment with HR Green Pacific, Inc. for development plan, map review services, and staff augmentation to increase the contract amount for FY 2022-23 in the amount of $35,000 for a total contract amount for FY 2022-23 of $95,000; and reduce the contract amount for FY 2023-24 in the amount of $35,000 for a total FY 2023-24 contract amount of $25,000.

GOAL STATEMENT
The proposed action supports the City’s goal of providing reliable, timely and efficient engineering, mapping, and development related services by the City.

BACKGROUND
The Land Development Engineering Division is responsible for reviewing and conditioni ng development projects including maps and use type of cases. Additionally, the Division is responsible for plan checking and approval of subdivision maps, public improvement plans and grading plans for construction in accordance with the Upland Municipal Code, the Subdivision Map Act, San Bernardino County, State and Federal requirements to ensure new development complements the community. In order to provide plan checking services with current staffing levels, the City utilizes outside engineering services.

On September 27, 2021, the City Council approved the professional services agreement with HR Green Pacific, Inc. (HR Green) and two other consulting services to provide development plan, map review, plan checking and staff augmentation services. The original contract with HR Green was in the amount of $60,000 per year for five-years (until June 30, 2026). The Parties may mutually extend this agreement for up to two additional one-year terms.

ISSUES AND ANALYSIS
HR Green provides cost effective services and has performed satisfactorily for the term of the contract. The services provided by HR Green are dependent on the development activity and HR Green was assigned work for several development projects that were in process. This was done to ensure continuity by allowing the process to be completed by the same plan checkers who have been reviewing the projects and avoiding unnecessary re -checks by a new plan checker. When assigning projects, there is no certainty when they will be submitted or re-submitted. This can cause some lag in the process and skews time estimates used to assign projects to consultants. As a result, HR Green exceeded the $60,000 approved contract amount for the work assigned in FY 2022-23 by $35,000.

Staff is requesting to reallocate $35,000 from the contract amount approved for FY 2023 -24 (reducing the total FY 2023-24 contract amount to $25,000) to cover the contract overage of FY 2022-23 (increasing the total FY 2022-23 contract amount to $95,000). The reallocation would not affect the overall contract amount and it will not affect either fiscal year budgets since adequate funds were budgeted and are available.

Staff has since adjusted the workload to distribute projects to the other consultants. Additionally, contract amounts and remaining balances are provided on invoices to track current activity.

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ENVIRONMENTAL DETERMINATION
The proposed action is a contract amendment for development plan checking and is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt .

FISCAL IMPACTS
There is no fiscal impact associated with this action. Funds are recovered through the collection of fees in the development process.

This amendment adjusts the contract amount from FY 2023/24 to FY 2022/23 so there is no increase to the total contract amount. There is no proposed budget adjustment as the Development Map & Plan Check revenue account (1015302-4646) has budget to cover the amount from the Professional Services Expense (1015302-5252) accounts in the Development/Traffic Engineering organization code.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES

WITH HR GREEN PACIFIC

This Amendment No. 1 to the Professional Services Agreement is made and entered into as of July 24, 2023 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and HR GREEN PACIFIC ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS

A. WHEREAS, the City and the Consultant have entered into an agreement, dated September 27, 2021, for the purpose of providing plan checking services (the "Original Agreement").

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional plan checking services and to include additional funds for the performance of the additional plan checking services in accordance with the compensation provisions of the Original Agreement.

AGREEMENT

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

2. 2022-2023 Annual Compensation and Additional Work. Notwithstanding any provisions in Sections 2 and 3 of the Original Agreement to the contrary, the not-to-exceed compensation due Consultant for the 2022-2023 year shall be $95,000, which shall include the not-to exceed amount of $60,000 as set forth in Section 2 plus Additional Work in the amount of $35,000 performed by Consultant in accordance with Section 3 of the Original Agreement, for which the Parties agree that Consultant has submitted sufficient supporting documentation required by City.
2023-2024 Annual Compensation and Additional Work. Notwithstanding any provisions in Sections 2 and 3 of the Original Agreement to the contrary, the not-to-exceed compensation due Consultant for the 2023-2024 year shall be $25,000 instead of $60,000.

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

4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. Page 173 of 495

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

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

CITY OF UPLAND CONSULTANT

HR GREEN PACIFIC, INC.

Michael Blay,
City Manager

APPROVED AS TO FORM:

Stephen Deitsch
BestBet&KriegerLLP
City Attorney

George A. Wentz
Vice President

HR GREEN PACIFIC, INC.

Name
TITLE

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EXHIBIT A-1

ADDITIONAL PLAN CHECK SERVICES
[RATE SHEET ATTACHED]

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR/CITY ENGINEER

JOHN ROBLES, UTILITIES MANAGER

MICHELLE MADRIZ, MANAGEMENT ANALYST
SUBJECT: CONSIDERATION OF WATER SHORTAGE CONTINGENCY PLAN LEVEL

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution setting the Water Shortage Contingency Plan to Level 1.

GOAL STATEMENT
The proposed action supports the City’s goal of managing its resources efficiently to continue providing high-quality and reliable water service to the community, in a cost-effective manner, now and in the future.

BACKGROUND
Under the California Water Code (CWC) Section 10632, it is required that every urban water supplier prepare and adopt a Water Shortage Contingency Plan (WSCP). The WSCP is a stand-alone document that can be updated anytime by the City but at least every five years in concert with the UWMP under the State mandated schedule.

On July 11, 2005, the City Council approved the City’s Water Shortage Contingency Ordinance (Section 13.16 of the Upland Municipal Code), establishing permanent conservation measures and a water shortage contingency plan. The purpose of this ordinance was to provide for progressive stages of water shortages and to define voluntary and mandatory water conservation measures to be implemented during these stages. The City developed a four -stage WSCP to reduce demand during a severe or extended water shortage event including both voluntary and mandatory stages.

On June 14, 2021, the City Council adopted a 2020 Water Shortage Contingency Plan in response to 2018 revisions to the California Water Code Section 10632(a)(3) which now requires the WSCP to be aligned wit h six standard water shortage levels based on water supply conditions. These changes were to provide a consistent regional and statewide approach to conveying the relative severity of water supply shortage conditions.

Because the City’s previous four shortage levels do not correspond directly to the six State mandated levels, the Water Code authorizes suppliers to continue using its own shortage levels through a crosswalk, which present the relationship of Uplands four shortage levels to the six standard shortage levels.

On July 11, 2023, the proposed Water Shortage Contingency Plan change was presented to the Public Works Committee and the Committee recommended that the City Council change the Water Shortage Contingency Plan to Level 1.

ISSUES AND ANALYSIS
In recent years, the State has been experiencing progressively worsening drought conditions. As a result, we have seen progressively stricter drought/conservation mandates from the State, Metropolitan Water District (MWD) and the Inland Empire Utilities Agency (IEUA).

On October 19, 2021, Governor Newsom expanded the drought emergency statewide, urging Californians to redouble their water conservation efforts to achieve a 15-percent reduction in water use. As a result, on November 9, 2021, MWD adopted a resolution declaring a Regional Drought Emergency and on December 8, 2021, IEUA adopted a resolution activating their Water Shortage Contingency Plan at Level 2.

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As the drought worsened, on March 28, 2022, Governor Newsom called upon eac h urban water supplier to activate Water Shortage Contingency Plan (WSCP) levels between twenty and thirty percent. As a result, on April 26, 2022, MWD declared a water shortage emergency in the State Water Project dependent areas and adopted a framework for an Emergency Water Conservation Program to allocate water and preserve remaining scarce supplies and on May 18, 2022, IEUA adopted a resolution implementing their Water Shortage Contingency Plan at Level 3 and adopting an Emergency Water Conservation Program (EWCP) framework.

With the State’s water reservoir at record lows, both MWD and IEUA anticipate water supply issues to worsen so on December 13, 2022, MWD extended the emergency water conservation framework and further reduced allocations.

In response, IEUA adopted a resolution extending the declaration a water shortage emergency, activating their Water Shortage Contingency Plan at Level 6, and revised Emergency Water Conservation Program framework allocating water supplies to customer agencies with continued development of comprehensive and coordinated actions.

Fortunately, the winter storms of 2022-23 produced substantial rainfall which help replenished the State water supplies enough that effective March 14, 2023, Metropolitan's Board of Directors removed the Water Shortage Emergency Condition and terminated the EWCP that allocated imported supplies. Subsequently on April 5, 2023, IEUA ended the Water Shortage Emergency Condition, Emergency Water Conservation Framework , and ending the implementation of level 2 of the Water Shortage Contingency Plan to be consistent with Executive Order N-5-23 and current regional supplies.

Although we could see future drought challenges as soon as next year, it is staff ’s recommendation to set the City’s Water Shortage Contingency Plan to Level 1 to be consistent with the State and Local Water Shortage Emergency Condition Levels.

ENVIRONMENTAL DETERMINATION
The proposed action is the revision of a water contingency schedule and is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, SETTING A WATER SHORTAGE
CONTINGENCY PLAN LEVEL AT SHORTAGE LEVEL 1

WHEREAS, the California Legislature has enacted the Urban Water Management Planning Act, California Water Code Sections 10610-10656 and 10608, as amended, which requires every urban water supplier providing water to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually to prepare an urban water management plan ("UWMP") that has as its primary objective the conservation and efficient use of water; and

WHEREAS, the California Water Code requires urban water suppliers to prepare a Water Shortage Contingency Plan (WSCP) to be included in its UWMP; and

WHEREAS, a Council adopted the 2020 Water Shortage Contingency Plan of the City of Upland, included in its UWMP on June 14, 2021.

NOW, THEREFORE, the City Council of the City of Upland, California, hereby finds, determines and resolves as follows:

Section 1. The above findings are true and correct.

Section 2. Set the Water Shortage Contingency Plan Level to Shortage Level 1 as outlined in the 2020 Water Shortage Contingency Plan.

Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

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

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book or original resolutions.

Section 6. Effective Date. This Resolution shall become effective immediately.

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Resolution No.

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PASSED, APPROVED and ADOPTED this 14th day of August 2023.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 14th day of August, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

RICHARD SMIDERLE, OPERATIONS MANAGER
SUBJECT: CONSIDER APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES

AGREEMENT FOR METROLINK SECURITY SERVICES

RECOMMENDED ACTION:

It is recommended that the City Council approve amendment No. 1 to the Professional Services Agreement between the City of Upland and American Global Security, Inc. for Metrolink Station Security Guard Services ; extending the agreement for an additional one (1) year; increase the contract amount by $153,342.70 for a total contract amount of $423,952.70; approving an additional allocation of $13,342.70 under account number 101-5413-5253-54130; and authorizing the City Manager to execute any and all necessary and related documents to implement the amendment.

GOAL STATEMENT
The proposed action supports the City’s objective to continue to provide the required Metrolink Station Security Guard Services.

BACKGROUND
On March 8, 1993, the City of Upland and the San Bernardino County Transportation Authority (SBCTA) entered into a Station Cooperative Agreement. As part of the agreement, the City is required to provide security of the station parking lots from thirty (30) minutes before the first train arrival to thirty (30) minutes after the last train departs. In order to provide this service, the City of Upland utilizes contract security guard services.

On May 12, 2021, the City Council awarded a Professional Service Agreement with American Global Security, Inc. (American Global Security) for Metrolink Station Security Guard Services. The contract was for two (2) years, and the City reserves the right to extend the agreement for three (3) additional one -year terms. The Agreement commenced on July 1, 2021, and the total contract amount is $270,610 ($135,304.47 per year).

ISSUES AND ANALYSIS
American Global Security has satisfactorily provided Metrolink Station Security Guard Services for the term of the contract. At this point, the City would like to exercise its right to extend the agreement for the first of the (3) additional one-year terms.

Since the signing of the original contract, Metrolink has increased their operating time by two -hours per day, which the City is obligated by agreement to cover. In addition, the 2022 United States Bureau of Labor Statistics, Riverside- San Bernardino-Ontario Area, Consumer Price Index, (CPI) was 7.5%. As a result, Staff is recommending increasing American Global Security’s hourly rate by $1.00. The required increased hours and 4 .5% CPI result in an amended agreement amount of $153,342.70 for the first option year. All other provisions of the Agreement shall remain the same.

FISCAL IMPACTS
The City Council approved $140,000 in the FY 2023-24 budget to cover the cost for Metrolink Security. Staff is recommending that the City Council approve an additional allocation of $13,342.70 in account 101-5413-5253-54130 from fund balance to cover the additional costs.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN GLOBAL SECURITY, INC.

This Amendment No. 1 to the Professional Services Agreement is made and entered into as of July 1, 2023 (“Effective Date”) by and between the City of Upland, a municipal corporation (“City”) and American Global Security, Inc., a California corporation (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Contractor have entered into an agreement, dated July 1, 2021 for the purpose of providing Metrolink Station Security Guard Services (the “Original Agreement”).

B. WHEREAS, pursuant to Section 1 of the Original Agreement, the City may extend the Original Agreement for up to three (3) additional one (1) year Terms.

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term of the Original Agreement for one (1) additional year.

AGREEMENT

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

2. Term. The term of the Original Agreement shall be extended for an additional term of one (1) year commencing July 1, 2023 through June 30, 2024 (“Extended Term”) unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 for the Extended Term shall not exceed the total cost, as described in Exhibit B-1, for an aggregate amount not to exceed $153,342.70 for Security Guard Services. As a result, in Section 2.b. of the Original Agreement, the figure “$270,610.00” shall be deleted, and shall be replaced by “$423,952.70.”

4. Service Hours Adjustment. As described in the Original Agreement, Scope of Services Item 2.1 Estimates, Monday thru Friday security services for the Extended Term shall increase 2 hrs. per day for a total of 19.0 hrs. per day.

5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance

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- 2 -
provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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

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

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN GLOBAL SECURITY, INC.

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

CITY OF UPLAND
APPROVED BY:

Michael Blay
City Manager

ATTEST:

Keri Johnson, CMC, CPMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONTRACTOR
AMERICAN GLOBAL SECURITY, INC.

APPROVED BY:

Sulaiman A. Wali
C.E.O.

APPROVED BY:

Signature
Name
Title

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EXHIBIT “B-1”

PROPOSED SCHEDULE OF RATES

METROLINK STATION SECURITY GUARD SERVICES

FY 2023-24

Guard
Mobility
Options
Regular /
Straight
Hrs. Est.

Annual
Regular /
Straight
Hr. Rate
Regular /
Straight Hr.

Subtotal
Holiday / OT.

Hrs.

Est. Annual
Holiday / OT.

Hr. Rate
Holiday / OT.

Hr. Subtotal
Annual Total
Cost
Foot Patrol
Guard
Services

6,500 Hrs.

$ 22.99

$ 149,435.00

115

$ 33.98

$ 3,907.70

$ 153,342.70

 Includes: ALL labor & associated cost as detailed in Exhibit “A” “Scope of Services” in the original agreement dated July 1, 2021.

American Global Security, Inc. CA PPO 120021 .

Contractor: License #

______________________________________ ____________________ Signed: Date:

Sulaiman A. Wali C.E.O. .

Name: Title:

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: MEASURE I CAPITAL IMPROVEMENT PLANS AND CAPITAL PROJECT NEEDS

ANALYSIS

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028, and adopt a Resolution approving the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/2025 through 2028/2029.

GOAL STATEMENT
The proposed action supports the City’s goal of continuing to maintain and improve the City’s public roadway facilities.

BACKGROUND
In November 1989, the San Bernardino County voters approved “Measure I 1990 -2010”, the half-cent sales tax that partially funds countywide transportation improvements between 1990 and 2010. In November 2004, the voters passed a new “Measure I 2010-2040”, extending the sales tax for an additional 30 years. In April 2009, the San Bernardino County Transportation Authority (SBCTA, formerly SANBAG) approved the “Measure I 2010 -2040 Strategic Plan”, which serves as the policy and procedures document for the delivery of projects and programs referenced in the new Measure.

ISSUES AND ANALYSIS
The “Measure I Strategic Plan” identifies certain transportation programs that qualify for Measure I funding, including: Local Street, Freeway, Freeway Interchange, Major Street, Express Bus, Me trolink/Rail Transit, Senior/Disabled Transit, and Traffic Management Systems. The Plan also contains provisions for the funding allocation and expenditure process regarding each transportation program. Furthermore, to qualify for Measure I funding, each participating agency is required to prepare and submit a five-year Capital Improvement Plan and Capital Project Needs Analysis:

1. Five Year Capital Improvement Plan (CIP). Each year, the City of Upland receives approximately $2 million under the “Local Street Program”, depending on the actual sales tax proceeds. This is local returned funds based on Upland’s population; the City has the discretion of using the funds for local street projects. Jurisdictions receiving funding must annually adopt a Five-Year CIP, outlining specific local projects to be funded in the next five years. Exhibits “A” and “B” summarize Upland’s Measure I roadway projects for the next five years and related expenditure strategy.

2. Capital Project Needs Analysis (CPNA). The Measure I Strategic Plan contains a list of transportation projects funded under the “Freeway Interchange Program” and the “Major Street Program”. Unlike Measure I local funds mentioned above, the SBCTA Strategic Plan specifically identifies Arrow Route and Foothill Blvd. as regional projects qualifying for additional funding under the “Major Street Program”. Additionally, Euclid Avenue & I - 10 Freeway, and Monte Vista Avenue & I-10 Freeway interchanges have been identified as a top priority and are being developed under the “Freeway Interchange Program.” For efficiency, both interchanges are being coordinated with the construction of the I-10 Freeway main line corridor improvement program. As mentioned, each agency is required to adopt a CPNA, stating its capital project expenditure plan for the next five fiscal years (FY 2024/25 to FY 2028/29). SBCTA will compile all CPNA documents received, for the purpose of expenditure planning within the region. Exhibits “C-F” contain Upland’s Five-Year CPNA.

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ENVIRONMENTAL DETERMINATION
There is no environmental impact for approving the Measure I Capital Improvement Plans and Capital Project Needs Analysis. Road maintenance projects are typically exempt from CEQA as the resultant pavement rehabilitation wor k falls under CEQA Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction).

FISCAL IMPACTS
Measure I is a crucial source of revenue for maintaining the City’s transportation system. Adoption/approval of the attached reports will conform to the expenditure plans of Measure I, and ensure continued Measure I funding of approximately $2 million annually to the City of Upland.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, STATE OF CALIFORNIA, ADOPTING THE

MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR
FY 2023/2024 THROUGH FY 2027/2028

WHEREAS, San Bernardino County voters approved passage of Measure I 1990-2010 in November 1989 and renewed as Measure I 2010-2040 in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and

WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Upland is $3,088,257.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five-Year Capital Improvement Plan, a copy of which is attached to this resolution.

Section 2. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 3. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to

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Resolution No.

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be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 5. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 14th day of August, 2023.

Bill Velto, Mayor

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $8,481,284.12
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $2,087,347 $2,136,670 $2,199,059 $2,263,260 $2,329,325 $11,015,662 Projects:
17th St. Reconstruction (San Antonio Ave. to Euclid Ave.)No No 0.0%0.0%$2,914,000 $874,770 $0 $0 $0 $0 $874,770 18th St. Rehabilitation (Mountain Ave. to Euclid Ave.)No No 0.0%0.0%$3,852,000 $577,000 $3,275,000 $0 $0 $0 $3,852,000 19th St. Reconstruction (Mountain Ave. to Euclid Ave.)No No 0.0%0.0%$3,993,000 $631,593 $0 $3,360,000 $0 $0 $3,991,593 1st Ave. Rehabilitation (A St. to D St.)No No 0.0%0.0%$1,150,000 $200,000 $0 $950,000 $0 $0 $1,150,000 C St. Rehabilitation (Euclid Ave. to 3rd Ave.)No No 0.0%0.0%$840,000 $140,000 $0 $700,000 $0 $0 $840,000 Campus Ave. Rehabilitation (9th St. to Foothill Blvd.)No No 0.0%0.0%$3,093,000 $461,495 $0 $2,630,000 $0 $0 $3,091,495 Citywide Pavement Maintenance 2021/2022 No No 0.0%0.0%$99,054 $99,054 $0 $0 $0 $0 $99,054 Citywide Pavement Maintenance 2022/2023 No No 0.0%0.0%$248,876 $248,876 $0 $0 $0 $0 $248,876 Citywide Pavement Maintenance 2023/2024 No No 0.0%0.0%$500,000 $500,000 $0 $0 $0 $0 $500,000 Citywide Pavement Maintenance 2024/2025 No No 0.0%0.0%$500,000 $0 $350,000 $0 $0 $0 $350,000 Citywide Pavement Maintenance 2025/2026 No No 0.0%0.0%$500,000 $0 $0 $350,000 $0 $0 $350,000 Citywide Pavement Maintenance 2026/2027 No No 0.0%0.0%$500,000 $0 $0 $0 $250,000 $0 $250,000 Citywide Pavement Maintenance 2026/2027 No No 0.0%0.0%$500,000 $0 $0 $0 $0 $250,000 $250,000 Grove Ave. Rehabilitation (Foothill Blvd. to 15th St.)No No 0.0%0.0%$3,215,000 $499,212 $2,715,788 $0 $0 $0 $3,215,000 Lexington St. / 1st Ave. / 2nd Ave. Rehabilitation No No 0.0%0.0%$1,156,000 $1,156,000 $0 $0 $0 $0 $1,156,000 Mountain Ave. Rehabilitation (20th St. to 23rd St.)No No 0.0%0.0%$2,670,000 $300,000 $2,370,000 $0 $0 $0 $2,670,000 Phase II of the Metrolink Station Accessibility Improvement Project (ATP Cycle 4)No No 0.0%0.0%$2,454,870 $28,859 $0 $0 $0 $0 $28,859 Randy St. Neighborhood Rehabilitation (Randy St., Fairwood Wy., Terry Wy., Tyler Wy., and Silverwood Ave.)No No 0.0%0.0%$3,500,000 $0 $500,000 $2,700,000 $0 $0 $3,200,000 Sinclair Ave. Rehabilitation (7th St. to 8th St.)No No 0.0%0.0%$1,600,000 $0 $0 $0 $1,600,000 $0 $1,600,000 Maxwell St. Rehabiliation (Spencer Ave. to Sinclair Ave.)No No 0.0%0.0%$1,500,000 $0 $0 $0 $0 $1,500,000 $1,500,000

0.0%0.0%$0 $0 $0 $0 $0 $0 $0

0.0%0.0%$0 $0 $0 $0 $0 $0 $0
$5,716,859 $9,210,788 $10,690,000 $1,850,000 $1,750,000 $29,217,647 Total Programming is currently 150%Total Estimated Programming:$29,217,647 Jurisdiction:
8/14/2023
Bob Critchfield / Eng. Manager
(909) 291-2946
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/[email protected] Projects Total:

Upland
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost

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EXHIBIT “B”

CITY OF UPLAND

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2023/2024 to 2027/2028

The City of Upland’s existing road network is fairly well established.

Therefore, the City’s primary use of Measure I Funds will be for the reconstruction and maintenance of existing City streets. It is the City’s intent to design and begin construction of the project the same year the project is identified in the Five-Year Capital Improvement Plan.

________________________________________________________________________

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND ADOPTING THE MEASURE I FIVE-YEAR CAPITAL

PROJECT NEEDS ANALYSIS FOR FISCAL YEARS
2024/2025 THROUGH 2028/2029

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan set forth in Ordinance No. 04-1 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.

NOW, THEREFORE, the Upland City Council hereby finds, determines and resolves as follows:

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five Year Capital Project Needs Analysis for Fiscal Years 2024/2025 through 2028/2029, a copy of which is attached to this resolution.

Section 3. Certification. The City Clerk of the City of Upland shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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Resolution No.

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Section 5. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 14th day of August, 2023.

Bill Velto, Mayor

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: CONSIDER ACCEPTANCE OF THE NOTICE OF COMPLETION FOR PROJECT NO. 70003 AND 70009, CITYWIDE STRIPING REPLACEMENT

RECOMMENDED ACTION:

It is recommended that the City Council accept the work; authorize the City Manager or designee to record the Notice of Completion; and to reduce the Faithful Performance Bond to 10 % for Project No. 70003 and 70009, Citywide Striping Replacement.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining and improving the City’s public roadway facilities.

BACKGROUND
On November 14, 2022, the City Council awarded the Citywide Striping Project to Interstate Striping, Inc. and authorized up to $202,000 (including contingencies) for the work. The project consisted of replacing obliterated traffic striping and pavement markings at various locations along the City’s north/south arterial and collector roadways.

ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements. The City can now accept the work, file the Notice of Completion, and reduce the Faithful Performance Bond to 10%. The City will retain the Labor Materials Bond for six (6) months and release it, thereafter, provided no liens or stop notices are filed against the project.

ENVIRONMENTAL DETERMINATION
This 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 that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on June 29, 2022.

FISCAL IMPACTS
The final construction cost of $179,527.90 is within the original authorized appropriation amount of $202,000, therefore no additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Exempt. The City filed the Notice of Exemption with the County of San Bernardino on June 29, 2022.

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Recording requested by
and when recorded mail to:

City of Upland, City Clerk’s Office
460 N. Euclid Avenue
Upland, CA 91786

(Space above this line for Recorder’s use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:

The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91785

Assessors Parcel Numbers N/A, in and to the hereinafter described property.

The work was completed on that certain work known as Project 70003 & 70009, Citywide Striping Replacement 2020-2021 & 2021-2022 for the undersigned City of Upland, a Municipal Corporation, on the 20th day of July, 2023.

The City accepted the job on the 14th day of August, 2023.

The Contractor on said job was Interstate Striping, Inc. of Fontana, California.

The improvement(s) consisted of restriping of pedestrian crosswalks, lane lines, channelizing lines, and legends; and the location of the improvements occurred along Central Ave., Benson Ave., Mountain Ave., Euclid Ave., Campus Ave., and various residential streets located throughout the City of Upland, California.

The surety was U.S. Specialty Insurance Company.

All communications relating to the contract should bear the number above mentioned.

I hereby certify under penalty of perjury that the foregoing is true and correct.

Executed this 14th day of August, 2023 at Upland, California.

City of Upland, a Municipal Corporation

Michael Blay, City Manager

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

TERRY DOYLE, DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: ADOPT A RESOLUTION AMENDING THE SALARY SCHEDULE FOR PART-TIME

EMPLOYEES

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution amending the Salary Schedule for part-time employees.

GOAL STATEMENT
The proposed action supports the City’s goal of providing employees with fair compensation based on the services they perform for the City.

BACKGROUND
On June 12, 2023, City Council approved the Memorandum of Understanding (MOU) with the U pland City Employees Association (UCEA) which included salary increases. A part-time salary schedule was included for approval in conjunction with that business item.

ISSUES AND ANALYSIS
Historically Council has approved salary increases for part-time employees to be consistent with their full-time counterparts. In conjunction with the implementation of the new salary schedules at the beginning of July, it came to staff’s attention that the approved part-time salary schedule included cost of living increases (COLAs) for all classifications where the City also had full-time employees but did not include those increases for classifications in the City only filled by part-time employees.

The attached Salary Schedule provides COLA increase for all part-time employees. In addition, the schedule provides for increases in the current and upcoming fiscal years that coincide with the increases provided to UCEA employees in the June 12, 2023 MOU.

ENVIRONMENTAL DETERMINATION
The proposed action is the revisions of a salary schedule and 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
None. The FY 2022/23 budget included the anticipated COLAs for all full-time and part-time employees.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING AN AMENDMENT TO THE

SALARY SCHEDULE FOR PART-TIME EMPLOYEES

WHEREAS, it is the policy of the City of Upland to compensate its employees in a fair and equitable manner for their efficient and faithful service; and

WHEREAS, the City would like to amend the part-time salary schedule to be consistent with salary range and hourly rate of the full-time employees;

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:

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

Section 2. The City Council hereby approves the amendment to the part- time salary schedule, attached hereto, and authorizes the Deputy Director of Human Resources/Risk Management to implement the salary schedule.

Section 3. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 5. Effective Date. This Resolution shall become effective July 1, 2023.

PASSED, APPROVED and ADOPTED this 14th day of August, 2023.

Bill Velto, Mayor

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Resolution No.

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AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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City of Upland
Part -Time
Salary Schedule Effective 06/25/2023
The following part-time hourly positions are temporary or seasonal associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 ACCOUNTANT I 31 Hourly 29.20 30.66 32.19 33.80 35.49 37.27 ACCOUNTING TECHNICIAN 20 Hourly 22.25 23.37 24.54 25.76 27.05 28.40 ADMINISTRATIVE ASSISTANT 20 Hourly 22.25 23.37 24.54 25.76 27.05 28.40 BACKGROUND INVESTIGATOR 39 Hourly 33.88 35.58 37.36 39.22 41.18 43.24 CODE ENFORCMENT OFFICER 30 Hourly 28.49 29.91 31.41 32.98 34.63 36.36

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 33.88 35.58 37.36 39.22 41.18 43.24 CUSTODIAN 13 Hourly 18.72 19.66 20.64 21.67 22.76 23.89 CUSTOMER SERVICE SPECIALIST I 13 Hourly 18.72 19.66 20.64 21.67 22.76 23.89 CUSTOMER SERVICE SPECIALIST II 17 Hourly 20.67 21.70 22.78 23.92 25.12 26.37 DEVELOPMENT SRVS TECHNICIAN I 23 Hourly 23.97 25.16 26.42 27.74 29.13 30.59 ENGINEERING TECHNICIAN 33 Hourly 30.68 32.21 33.82 35.51 37.29 39.15 FORENSIC TECHNICIAN 35 Hourly 32.23 33.84 35.53 37.31 39.18 41.14 MAINTENANCE WORKER I 15 Hourly 19.67 20.65 21.69 22.77 23.91 25.10 OFFICE ASSISTANT 14 Hourly 18.28 19.19 20.15 21.16 22.21 23.33 PAYROLL TECHNICIAN 28 Hourly 27.11 28.47 29.89 31.39 32.96 34.61 POLICE DISPATCHER I 25 Hourly 25.18 26.44 27.76 29.15 30.60 32.13 POLICE DISPATCHER II 29 Hourly 27.79 29.18 30.64 32.17 33.78 35.47 POLICE RECORDS TECHNICIAN I 14 Hourly 19.19 20.15 21.16 22.21 23.33 24.49 POLICE RECORDS TECHNICIAN II 18 Hourly 21.18 22.24 23.35 24.52 25.75 27.03 POLICE SERGEANT 58 Hourly 56.87 59.72 62.70 65.84 69.13 72.59 POLICE SERVICE TECHNICIAN 23 Hourly 23.97 25.16 26.42 27.74 29.13 30.59 RESERVE POLICE OFFICER 44 Hourly 40.25 42.26 44.38 46.60 48.93 51.37 UTILITY WORKER I-WATER 22 Hourly 23.38 24.55 25.78 27.07 28.42 29.84 WATER TREATMENT OPERATOR I 29 Hourly 27.79 29.18 30.64 32.17 33.78 35.47 City of Upland
Part -Time
Salary Schedule Effective 06/25/2023
The following part-time hourly positions are temporary or seasonal.

Job Description Grade 1 2 3 4 5 6 ADMINISTRATIVE INTERN 6 Hourly 15.00 15.75 16.54 17.36 18.23 19.14 PARK RANGER 19 Hourly 20.68 21.71 22.80 23.94 25.13 26.39 POLICE CADET 6 Hourly 15.00 15.75 16.54 17.36 18.23 19.14 POLICE OFFICER TRAINEE 31 Hourly 27.81 29.20 30.66 32.19 33.80 35.49 RECREATON LEADER 6 Hourly 15.00 15.75 16.54 17.36 18.23 19.14 RECREATION SPECIALIST 14 Hourly 18.28 19.19 20.15 21.16 22.21 23.33 SHELTER ATTENDANT 14 Hourly 18.28 19.19 20.15 21.16 22.21 23.33 STEP
STEP

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City of Upland
Part -Time
Salary Schedule Effective 8/14/2023
The following part-time hourly positions are temporary or seasonal.

Job Description Grade 1 2 3 4 5 6 ADMINISTRATIVE INTERN 6 Hourly 15.75 16.54 17.37 18.23 19.14 20.10 BACKGROUND INVESTIGATOR 39 Hourly 35.58 37.36 39.22 41.18 43.24 45.41

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 35.58 37.36 39.22 41.18 43.24 45.41 PARK RANGER 19 Hourly 21.71 22.80 23.94 25.14 26.39 27.71 POLICE CADET 6 Hourly 15.75 16.54 17.37 18.23 19.14 20.10 POLICE OFFICER TRAINEE 31 Hourly 29.20 30.66 32.19 33.80 35.49 37.27 RECREATION LEADER 6 Hourly 15.75 16.54 17.37 18.23 19.14 20.10 RECREATION SPECIALIST 14 Hourly 19.19 20.15 21.16 22.21 23.33 24.49 SHELTER ATTENDANT 14 Hourly 19.19 20.15 21.16 22.21 23.33 24.49 STEP

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City of Upland
Part -Time
Salary Schedule Effective 06/23/2024
The following part-time hourly positions are temporary or seasonal associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 ACCOUNTANT I 31 Hourly 29.78 31.27 32.84 34.48 36.20 38.01 ACCOUNTING TECHNICIAN 20 Hourly 22.70 23.83 25.03 26.28 27.59 28.97 ADMINISTRATIVE ASSISTANT 20 Hourly 22.70 23.83 25.03 26.28 27.59 28.97 ADMINISTRATIVE INTERN 6 Hourly 16.07 16.87 17.71 18.59 19.52 20.50 BACKGROUND INVESTIGATOR 39 Hourly 36.29 38.10 40.01 42.01 44.11 46.31 CODE ENFORCMENT OFFICER 30 Hourly 29.06 30.51 32.04 33.64 35.32 37.08

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 36.29 38.10 40.01 42.01 44.11 46.31 CUSTODIAN 13 Hourly 19.10 20.05 21.05 22.11 23.21 24.37 CUSTOMER SERVICE SPECIALIST I 13 Hourly 19.10 20.05 21.05 22.11 23.21 24.37 CUSTOMER SERVICE SPECIALIST II 17 Hourly 21.08 22.13 23.24 24.40 25.62 26.90 DEVELOPMENT SRVS TECHNICIAN I 23 Hourly 24.44 25.67 26.95 28.30 29.71 31.20 ENGINEERING TECHNICIAN 33 Hourly 31.29 32.86 34.50 36.22 38.03 39.94 FORENSIC TECHNICIAN 35 Hourly 32.88 34.52 36.24 38.06 39.96 41.96 MAINTENANCE WORKER I 15 Hourly 20.06 21.07 22.12 23.23 24.39 25.61 OFFICE ASSISTANT 14 Hourly 19.57 20.55 21.58 22.66 23.79 24.98 PARK RANGER 19 Hourly 22.15 23.25 24.42 25.64 26.92 28.26 PAYROLL TECHNICIAN 28 Hourly 27.66 29.04 30.49 32.02 33.62 35.30 POLICE CADET 6 Hourly 16.07 16.87 17.71 18.59 19.52 20.50 POLICE DISPATCHER I 25 Hourly 25.68 26.97 28.31 29.73 31.22 32.78 POLICE DISPATCHER II 29 Hourly 28.35 29.77 31.25 32.82 34.46 36.18 POLICE OFFICER TRAINEE 31 Hourly 29.78 31.27 32.84 34.48 36.20 38.01 POLICE RECORDS TECHNICIAN I 14 Hourly 19.57 20.55 21.58 22.66 23.79 24.98 POLICE RECORDS TECHNICIAN II 18 Hourly 21.61 22.69 23.82 25.01 26.26 27.57 POLICE SERGEANT 58 Hourly 28.01 60.91 63.96 67.16 70.51 74.04 POLICE SERVICE TECHNICIAN 23 Hourly 24.44 25.67 26.95 28.30 29.71 31.20 RECREATION SPECIALIST 14 Hourly 19.57 20.55 21.58 22.66 23.79 24.98 RECREATON LEADER 6 Hourly 16.07 16.87 17.71 18.59 19.52 20.50 RESERVE POLICE OFFICER 44 Hourly 41.06 43.11 45.26 47.53 49.90 52.40 SHELTER ATTENDANT 14 Hourly 19.57 20.55 21.58 22.66 23.79 24.98 UTILITY WORKER I-WATER 22 Hourly 23.85 25.04 26.29 27.61 28.99 30.44 WATER TREATMENT OPERATOR I 29 Hourly 28.35 29.77 31.25 32.82 34.46 36.18 STEP

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City of Upland
Part -Time
Salary Schedule Effective 12/08/2024
The following part-time hourly positions are temporary or seasonal associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 ACCOUNTANT I 31 Hourly 30.38 31.90 33.49 35.17 36.93 38.77 ACCOUNTING TECHNICIAN 20 Hourly 23.15 24.31 25.53 26.80 28.14 29.55 ADMINISTRATIVE ASSISTANT 20 Hourly 23.15 24.31 25.53 26.80 28.14 29.55 ADMINISTRATIVE INTERN 6 Hourly 16.39 17.21 18.07 18.96 19.91 20.91 BACKGROUND INVESTIGATOR 39 Hourly 37.01 38.86 40.81 42.85 44.99 47.24 CODE ENFORCMENT OFFICER 30 Hourly 29.64 31.12 32.68 34.31 36.03 37.83

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 37.01 38.86 40.81 42.85 44.99 47.24 CUSTODIAN 13 Hourly 19.48 20.45 21.47 22.55 23.68 24.86 CUSTOMER SERVICE SPECIALIST I 13 Hourly 19.48 20.45 21.47 22.55 23.68 24.86 CUSTOMER SERVICE SPECIALIST II 17 Hourly 21.50 22.57 23.70 24.89 26.13 27.44 DEVELOPMENT SRVS TECHNICIAN I 23 Hourly 24.93 26.18 27.49 28.86 30.31 31.82 ENGINEERING TECHNICIAN 33 Hourly 31.92 33.51 35.19 36.95 38.80 40.73 FORENSIC TECHNICIAN 35 Hourly 33.53 35.21 36.97 38.82 40.76 42.80 MAINTENANCE WORKER I 15 Hourly 20.46 21.49 22.56 23.69 24.87 26.12 OFFICE ASSISTANT 14 Hourly 19.96 20.96 22.01 23.11 24.27 25.48 PARK RANGER 19 Hourly 22.59 23.72 24.90 26.15 27.46 28.83 PAYROLL TECHNICIAN 28 Hourly 28.21 29.62 31.10 32.66 34.29 36.00 POLICE CADET 6 Hourly 16.39 17.21 18.07 18.96 19.91 20.91 POLICE DISPATCHER I 25 Hourly 26.20 27.51 28.88 30.32 31.84 33.43 POLICE DISPATCHER II 29 Hourly 28.92 30.36 31.88 33.47 35.15 36.90 POLICE OFFICER TRAINEE 31 Hourly 30.38 31.90 33.49 35.17 36.93 38.77 POLICE RECORDS TECHNICIAN I 14 Hourly 19.96 20.96 22.01 23.11 24.27 25.48 POLICE RECORDS TECHNICIAN II 18 Hourly 22.04 23.14 24.30 25.51 26.79 28.13 POLICE SERGEANT 58 Hourly 59.17 62.13 65.24 68.50 71.92 75.52 POLICE SERVICE TECHNICIAN 23 Hourly 24.93 26.18 27.49 28.86 30.31 31.82 RECREATION SPECIALIST 14 Hourly 19.96 20.96 22.01 23.11 24.27 25.48 RECREATON LEADER 6 Hourly 16.39 17.21 18.07 18.96 19.91 20.91 RESERVE POLICE OFFICER 44 Hourly 41.88 43.97 46.17 48.48 50.90 53.45 SHELTER ATTENDANT 14 Hourly 19.96 20.96 22.01 23.11 24.27 25.48 UTILITY WORKER I-WATER 22 Hourly 24.33 25.54 26.82 28.16 29.57 31.05 WATER TREATMENT OPERATOR I 29 Hourly 28.92 30.36 31.88 33.47 35.15 36.90 STEP

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City of Upland
Part -Time
Salary Schedule Effective 6/22/2025
The following part-time hourly positions are temporary or seasonal associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 ACCOUNTANT I 31 Hourly 30.99 32.54 34.16 35.87 37.66 39.55 ACCOUNTING TECHNICIAN 20 Hourly 23.62 24.80 26.04 27.34 28.71 30.14 ADMINISTRATIVE ASSISTANT 20 Hourly 23.62 24.80 26.04 27.34 28.71 30.14 ADMINISTRATIVE INTERN 6 Hourly 16.71 17.55 18.43 19.34 20.31 21.33 BACKGROUND INVESTIGATOR 39 Hourly 37.75 39.64 41.62 43.71 45.89 48.18 CODE ENFORCMENT OFFICER 30 Hourly 30.23 31.74 33.33 35.00 36.75 38.58

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 37.75 39.64 41.62 43.71 45.89 48.18 CUSTODIAN 13 Hourly 19.87 20.86 21.90 23.00 24.15 25.36 CUSTOMER SERVICE SPECIALIST I 13 Hourly 19.87 20.86 21.90 23.00 24.15 25.36 CUSTOMER SERVICE SPECIALIST II 17 Hourly 21.93 23.03 24.18 25.39 26.66 27.99 DEVELOPMENT SRVS TECHNICIAN I 23 Hourly 25.43 26.70 28.04 29.44 30.91 32.46 ENGINEERING TECHNICIAN 33 Hourly 32.56 34.18 35.89 37.69 39.57 41.55 FORENSIC TECHNICIAN 35 Hourly 34.20 35.91 37.71 39.59 41.57 43.65 MAINTENANCE WORKER I 15 Hourly 20.87 21.92 23.01 24.16 25.37 26.64 OFFICE ASSISTANT 14 Hourly 20.36 21.38 22.45 23.57 24.75 25.99 PARK RANGER 19 Hourly 23.04 24.19 25.40 26.67 28.01 29.41 PAYROLL TECHNICIAN 28 Hourly 28.77 30.21 31.72 33.31 34.98 36.72 POLICE CADET 6 Hourly 16.71 17.55 18.43 19.34 20.31 21.33 POLICE DISPATCHER I 25 Hourly 26.72 28.06 29.46 30.93 32.48 34.10 POLICE DISPATCHER II 29 Hourly 29.49 30.97 32.52 34.14 35.85 37.64 POLICE OFFICER TRAINEE 31 Hourly 30.99 32.54 34.16 35.87 37.66 39.55 POLICE RECORDS TECHNICIAN I 14 Hourly 20.36 21.38 22.45 23.57 24.75 25.99 POLICE RECORDS TECHNICIAN II 18 Hourly 22.48 23.60 24.78 26.02 27.32 28.69 POLICE SERGEANT 58 Hourly 60.36 63.37 66.54 69.87 73.36 77.03 POLICE SERVICE TECHNICIAN 23 Hourly 25.43 26.70 28.04 29.44 30.91 32.46 RECREATION SPECIALIST 14 Hourly 20.36 21.38 22.45 23.57 24.75 25.99 RECREATON LEADER 6 Hourly 16.71 17.55 18.43 19.34 20.31 21.33 RESERVE POLICE OFFICER 44 Hourly 42.72 44.85 47.09 49.45 51.92 54.52 SHELTER ATTENDANT 14 Hourly 20.36 21.38 22.45 23.57 24.75 25.99 UTILITY WORKER I-WATER 22 Hourly 24.81 26.05 27.35 28.72 30.16 31.67 WATER TREATMENT OPERATOR I 29 Hourly 29.49 30.97 32.52 34.14 35.85 37.64 STEP

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City of Upland
Part -Time
Salary Schedule Effective 12/7/2025
The following part-time hourly positions are temporary or seasonal associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 ACCOUNTANT I 31 Hourly 31.61 33.19 34.85 36.59 38.42 40.34 ACCOUNTING TECHNICIAN 20 Hourly 24.09 25.29 26.56 27.89 29.28 30.74 ADMINISTRATIVE ASSISTANT 20 Hourly 24.09 25.29 26.56 27.89 29.28 30.74 ADMINISTRATIVE INTERN 6 Hourly 17.05 17.90 18.80 19.73 20.72 21.75 BACKGROUND INVESTIGATOR 39 Hourly 38.51 40.43 42.46 44.58 46.81 49.15 CODE ENFORCMENT OFFICER 30 Hourly 30.84 32.38 34.00 35.70 37.48 39.35

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 38.51 40.43 42.46 44.58 46.81 49.15 CUSTODIAN 13 Hourly 20.26 21.28 22.34 23.46 24.63 25.86 CUSTOMER SERVICE SPECIALIST I 13 Hourly 20.26 21.28 22.34 23.46 24.63 25.86 CUSTOMER SERVICE SPECIALIST II 17 Hourly 22.37 23.49 24.66 25.89 27.19 28.55 DEVELOPMENT SRVS TECHNICIAN I 23 Hourly 25.94 27.24 28.60 30.03 31.53 33.11 ENGINEERING TECHNICIAN 33 Hourly 33.21 34.87 36.61 38.44 40.36 42.38 FORENSIC TECHNICIAN 35 Hourly 34.89 36.63 38.46 40.39 42.41 44.53 MAINTENANCE WORKER I 15 Hourly 21.29 22.36 23.47 24.65 25.88 27.17 OFFICE ASSISTANT 14 Hourly 20.77 21.81 22.90 24.05 25.25 26.51 PARK RANGER 19 Hourly 23.50 24.68 25.91 27.21 28.57 29.99 PAYROLL TECHNICIAN 28 Hourly 29.35 30.82 32.36 33.98 35.67 37.46 POLICE CADET 6 Hourly 17.05 17.90 18.80 19.73 20.72 21.75 POLICE DISPATCHER I 25 Hourly 27.25 28.62 30.05 31.55 33.13 34.78 POLICE DISPATCHER II 29 Hourly 30.08 31.59 33.17 34.83 36.57 38.39 POLICE OFFICER TRAINEE 31 Hourly 31.61 33.19 34.85 36.59 38.42 40.34 POLICE RECORDS TECHNICIAN I 14 Hourly 20.77 21.81 22.90 24.05 25.25 26.51 POLICE RECORDS TECHNICIAN II 18 Hourly 22.93 24.07 25.28 26.54 27.87 29.26 POLICE SERGEANT 58 Hourly 61.56 64.64 67.87 71.27 74.83 78.57 POLICE SERVICE TECHNICIAN 23 Hourly 25.94 27.24 28.60 30.03 31.53 33.11 RECREATION SPECIALIST 14 Hourly 20.77 21.81 22.90 24.05 25.25 26.51 RECREATON LEADER 6 Hourly 17.05 17.90 18.80 19.73 20.72 21.75 RESERVE POLICE OFFICER 44 Hourly 43.57 45.75 48.04 50.44 52.96 55.61 SHELTER ATTENDANT 14 Hourly 20.77 21.81 22.90 24.05 25.25 26.51 UTILITY WORKER I-WATER 22 Hourly 25.31 26.57 27.90 29.30 30.76 32.30 WATER TREATMENT OPERATOR I 29 Hourly 30.08 31.59 33.17 34.83 36.57 38.39 STEP

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City of Upland
Part -Time
Salary Schedule Effective 06/21/2026
The following part-time hourly positions are temporary or seasonal associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 ACCOUNTANT I 31 Hourly 32.55 34.18 35.89 37.69 39.57 41.55 ACCOUNTING TECHNICIAN 20 Hourly 24.81 26.05 27.35 28.72 30.16 31.67 ADMINISTRATIVE ASSISTANT 20 Hourly 24.81 26.05 27.35 28.72 30.16 31.67 ADMINISTRATIVE INTERN 6 Hourly 17.56 18.44 19.36 20.32 21.34 22.41 BACKGROUND INVESTIGATOR 39 Hourly 39.66 41.65 43.73 45.92 48.21 50.62 CODE ENFORCMENT OFFICER 30 Hourly 31.76 33.35 35.02 36.77 38.60 40.54

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 39.66 41.65 43.73 45.92 48.21 50.62 CUSTODIAN 13 Hourly 20.87 21.92 23.01 24.16 25.37 26.64 CUSTOMER SERVICE SPECIALIST I 13 Hourly 20.87 21.92 23.01 24.16 25.37 26.64 CUSTOMER SERVICE SPECIALIST II 17 Hourly 23.04 24.19 25.40 26.67 28.00 29.41 DEVELOPMENT SRVS TECHNICIAN I 23 Hourly 26.72 28.05 29.46 30.93 32.48 34.10 ENGINEERING TECHNICIAN 33 Hourly 34.20 35.91 37.71 39.59 41.57 43.65 FORENSIC TECHNICIAN 35 Hourly 35.93 37.73 39.62 41.60 43.68 45.86 MAINTENANCE WORKER I 15 Hourly 21.93 23.03 24.18 25.39 26.66 27.99 OFFICE ASSISTANT 14 Hourly 21.39 22.46 23.59 24.77 26.01 27.31 PARK RANGER 19 Hourly 24.21 25.42 26.69 28.02 29.42 30.89 PAYROLL TECHNICIAN 28 Hourly 30.23 31.74 33.33 35.00 36.74 38.58 POLICE CADET 6 Hourly 17.56 18.44 19.36 20.32 21.34 22.41 POLICE DISPATCHER I 25 Hourly 28.07 29.48 30.95 32.50 34.12 35.83 POLICE DISPATCHER II 29 Hourly 30.99 32.54 34.16 35.87 37.66 39.55 POLICE OFFICER TRAINEE 31 Hourly 32.55 34.18 35.89 37.69 39.57 41.55 POLICE RECORDS TECHNICIAN I 14 Hourly 21.39 22.46 23.59 24.77 26.01 27.31 POLICE RECORDS TECHNICIAN II 18 Hourly 23.62 24.80 26.04 27.34 28.70 30.14 POLICE SERGEANT 58 Hourly 61.56 64.64 67.87 71.27 74.83 78.57 POLICE SERVICE TECHNICIAN 23 Hourly 26.72 28.05 29.46 30.93 32.48 34.10 RECREATION SPECIALIST 14 Hourly 21.39 22.46 23.59 24.77 26.01 27.31 RECREATON LEADER 6 Hourly 17.56 18.44 19.36 20.32 21.34 22.41 RESERVE POLICE OFFICER 44 Hourly 43.57 45.75 48.04 50.44 52.96 55.61 SHELTER ATTENDANT 14 Hourly 21.39 22.46 23.59 24.77 26.01 27.31 UTILITY WORKER I-WATER 22 Hourly 26.07 27.37 28.74 30.18 31.68 33.27 WATER TREATMENT OPERATOR I 29 Hourly 30.99 32.54 34.16 35.87 37.66 39.55 STEP

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City of Upland
Part -Time
Salary Schedule Effective 06/20/2027
The following part-time hourly positions are temporary or seasonal associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 ACCOUNTANT I 31 Hourly 33.53 35.21 36.97 38.82 40.76 42.80 ACCOUNTING TECHNICIAN 20 Hourly 25.56 26.83 28.17 29.58 31.06 32.62 ADMINISTRATIVE ASSISTANT 20 Hourly 25.56 26.83 28.17 29.58 31.06 32.62 ADMINISTRATIVE INTERN 6 Hourly 18.09 18.99 19.94 20.93 21.98 23.08 BACKGROUND INVESTIGATOR 39 Hourly 40.85 42.90 45.04 47.29 49.66 52.14 CODE ENFORCMENT OFFICER 30 Hourly 32.71 34.35 36.07 37.87 39.76 41.75

COMMUNICATIONS INFORMATION
SPECIALIST 39 Hourly 40.85 42.90 45.04 47.29 49.66 52.14 CUSTODIAN 13 Hourly 21.50 22.57 23.70 24.89 26.13 27.44 CUSTOMER SERVICE SPECIALIST I 13 Hourly 21.50 22.57 23.70 24.89 26.13 27.44 CUSTOMER SERVICE SPECIALIST II 17 Hourly 23.73 24.92 26.16 27.47 28.84 30.29 DEVELOPMENT SRVS TECHNICIAN I 23 Hourly 27.52 28.90 30.34 31.86 33.45 35.12 ENGINEERING TECHNICIAN 33 Hourly 35.23 36.99 38.84 40.78 42.82 44.96 FORENSIC TECHNICIAN 35 Hourly 37.01 38.86 40.81 42.85 44.99 47.24 MAINTENANCE WORKER I 15 Hourly 22.59 23.72 24.90 26.15 27.46 28.83 OFFICE ASSISTANT 14 Hourly 22.04 23.14 24.30 25.51 26.79 28.12 PARK RANGER 19 Hourly 24.93 26.18 27.49 28.86 30.31 31.82 PAYROLL TECHNICIAN 28 Hourly 31.14 32.69 34.33 36.04 37.85 39.74 POLICE CADET 6 Hourly 18.09 18.99 19.94 20.93 21.98 23.08 POLICE DISPATCHER I 25 Hourly 28.91 30.36 31.88 33.47 35.14 36.90 POLICE DISPATCHER II 29 Hourly 31.92 33.51 35.19 36.95 38.79 40.73 POLICE OFFICER TRAINEE 31 Hourly 33.53 35.21 36.97 38.82 40.76 42.80 POLICE RECORDS TECHNICIAN I 14 Hourly 22.04 23.14 24.30 25.51 26.79 28.12 POLICE RECORDS TECHNICIAN II 18 Hourly 24.32 25.54 26.82 28.16 29.57 31.04 POLICE SERGEANT 58 Hourly 61.56 64.64 67.87 71.27 74.83 78.57 POLICE SERVICE TECHNICIAN 23 Hourly 27.52 28.90 30.34 31.86 33.45 35.12 RECREATION SPECIALIST 14 Hourly 22.04 23.14 24.30 25.51 26.79 28.12 RECREATON LEADER 6 Hourly 18.09 18.99 19.94 20.93 21.98 23.08 RESERVE POLICE OFFICER 44 Hourly 43.57 45.75 48.04 50.44 52.96 55.61 SHELTER ATTENDANT 14 Hourly 22.04 23.14 24.30 25.51 26.79 28.12 UTILITY WORKER I-WATER 22 Hourly 26.85 28.19 29.60 31.08 32.64 34.27 WATER TREATMENT OPERATOR I 29 Hourly 31.92 33.51 35.19 36.95 38.79 40.73 STEP

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

JESSICA GANDARA, RECREATION & COMMUNITY SERVICES MANAGER SUBJECT: CONSIDER APPROVAL OF A CONTRACT WITH ANTHESIS FOR CUSTODIAL

SERVICES AT RECREATION AND COMMUNITY SERVICES FACILITIES

RECOMMENDED ACTION:

It is recommended that the City Council approve an agreement with Anthesis for custodial services at the Recreation and Community Services facilities through June 30, 2026 with three additional one-year terms; authorize the City Manager to execute the agreement; and authorize a budget transfer of $75,000.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining first rate recreational facilities, thus enhancing the desirability of the City of Upland as a place to live and strengthen community image .

BACKGROUND
The Public Works Department is responsible for the maintenance and custodial upkeep of facilities throughout the City including the City Hall, Public Works Yard, Police Station, former Fire Station 2, Library, Magnolia Recreation Center, Gibson Senior Center, and Carnegie and Landecena Community Buildings.

Currently, the Facilities Division employs two full-time custodians and has two vacancies, one full-time and one part- time. To offset the shortage, the City entered into contracts with custodial vendors. Golden Star Janitorial tends to the City Hall and Library buildings and Trinity Facility Services handles the Gibson Senior Center. All three facilities are cleaned after business hours.

ISSUES AND ANALYSIS
Due to staffing shortages, the custodial operations have been a challenge for the department. While contracts have helped to alleviate the workload for the in-house custodians, the complex needs for service at the Recreation and Community Services facilities continues to be a challenge, as the custodians’ set schedule and assignments ha ve not met the needs of the flexible calendar of classes, reservations, and events. The Recreation and Community Services Division experiences a daily “revolving door” of contract instructors, students, drop -in participants, community groups, and private reserving parties, and it is imperative that the facilities are always presentable to the public.

On March 28, 2022, City Council adopted Resolution No. 6641 establishing Upland as a Compassionate Community.

The resolution states that “Compassionate Communities is a global movement that brings people together to build and promote healthy, equitable, and resilient communities” and “the City of Upland will promote compassion through educational efforts and deliberate actions”. With the Compassionate Communities principle in mind, Recreation and Community Services staff approached Anthesis (formerly known as Pomona Valley Workshop), an organization that services individuals with intellectual or developmental disabilities, and inquired about Anthesis’ day porter services for the division’s three facilities. After meeting with representatives and touring the facilities, staff believes that beginning a partnership with Anthesis will not only benefit the City, but also the participants that Anthesis works with.

Exhibit A of the proposed professional services agreement includes deta ils of the working group (an enclave that consists of three program participants and a job supervisor) that would address the custodial needs at the Magnolia Recreation Center and Landecena Community Building for six hours per day, five days a week. Upon a n increase in proficiency in skills of the enclave members, services will be expanded to the Gibson Senior Center (at the conclusion of the current custodial contract on December 31, 2023). Contracting Anthesis for the Recreation and Community Services Division facilities will provide for consistency in operations and appearance – staff will have daily contact

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with the enclave’s job supervisor and can communicate the specific needs of the facilities as they change. Not only will the Recreation and Community Services Division facilities see a benefit, but all other facilities will have an increase in attention and quality service, as the in-house custodians will be alleviated of the workload of these three facilities. The in-house custodians will have the ability to focus on more in-depth cleaning needs and tend to in-the- moment incidents that occur citywide.

One of the benefits of working with Anthesis is that the organization and its members are familiar with the City of Upland. Currently, 10% of the members Anthesis works with are Upland residents. Additionally, Anthesis has members working at Bowlero and Marshals, as well as a splinter group of the Upland -Foothill Kiwanis called Aktion.

The proposed agreement will bring positive outcomes to the Public Wor ks Department, the Recreation and Community Services Division, Anthesis participants, and the overall Upland community, as it is a prime example of efforts to demonstrate the meaning of being a Compassionate Community.

FISCAL IMPACTS
The proposed agreement is quoted as a flat rate of $7,500 per month, which results in a $75,000 expenditure for the remainder of FY 2023-24. The funds are not currently budgeted . A budget transfer is being requested in conjunction with this item to move $18,991 from PT-Salaries (salary savings from the vacant part-time custodian position) to Contractual Services, and staff is requesting an additional $56,009 to be funded from Fund Balance. Future fiscal year budgets will include the additional expense.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

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CITY OF UPLAND

AGREEMENT FOR GENERAL SERVICES

1. PARTIES AND DATE
This Agreement for Janitorial Services (“Agreement”) is made and entered on this 1st day of August, 2023 by and between the City of Upland, a municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”) and Anthesis, a non-profit organization with its principal place of business at 1063 W. 6th Street, Ontario, CA 91762 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain janitorial services required by City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing janitorial services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the regular janitorial maintenance of the Magnolia Recreation Center located at 651 W. 15th Street Upland, CA 91786 and the Landecena Family Community Center located at 1325 San Bernardino Road Upland, CA 91786 project (“Project”) as set forth in this Agreement.

3. TERMS

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, services, and incidental and customary work, with City providing all materials and supplies necessary for Contractor to provide the services regarding the Project as set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 1, 2023 through June 30, 2026 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

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3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation during the entire term of this Agreement shall not exceed the foregoing amount of two hundred fifty-five thousand dollars ($255,000.00) without written approval of City’s Manager.

3.2.2 Payment of Compensation. Contractor shall submit to City a monthly invoice which are due and payable within thirty (30) days from receipt of invoice. A 1.5% per month (18% annum) will be charged on all past due invoices. indicates work completed and hours of Services rendered by Contractor. Contractor reserves the right to cancel said contract upon twenty (20) days’ notice if payment for services is not received and customer fails to cure the missed payment within the 20-day period.

3.2.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement, not to exceed fifty thousand dollars ($50,000.00). In no event shall the total sum of the Extra Work (basic compensation and Extra W ork) exceed fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3 Responsibilities of Contractor.

3.3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance
(a) PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents,

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or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3.3.2 Schedule of Services/Time for Performance.
(a) Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. (b) Neither City nor Contractor 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 a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
(c) Should a Force Majeure Event 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. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel

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of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Terri Perkins – Anthesis Director of Employment Programs & Jessica Gandara City of Upland Recreation & Community Services Manager.

3.3.5 City's Representative. City hereby designates Jessica Gandara – Recreation & Community Services Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City's Representative”). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

3.3.6 Contractor's Representative. Contractor hereby designates Terri Perkins – Anthesis Director of Employment Programs, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor's Representative”). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions. Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting

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the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10 Insurance.
(a) Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. (b) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (3) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (c) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(3) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers , employees, agents, and volunteers.
(d) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
(g) Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such

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cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(h) Acceptability of Insurers. 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 authorized to transact 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) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
(j) Requirements Not Limiting. Requirement of specific coverage or minimum 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. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, 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 Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) 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.
(5) 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 Contractor from liability in excess of such coverage, nor shall it limit the Contractor’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.
(6) Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

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(l) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

3.3.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wage. Contractor 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 perf ormed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandato ry upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.4.2 Registration. 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 Contractor and all subcontractors performing such Services must be registered with

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the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, 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.

3.4.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or inj ury of any kind,

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in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.7 General Provisions.

3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement.

All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.
(a) Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement,

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without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Anthesis
1063 W. 6th Street
Ontario, CA 91762
Attn: Terri Perkins – Director of Employment Programs

City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Jessica Gandara – Recreation & Community Services Div. Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.5 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

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

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BB&K (2020) 12 AGREEMENT FOR GENERAL SERVICES

3.7.9 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.

3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.11 Assignment or Transfer. 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.

3.7.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragra phs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.7.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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BB&K (2020) 13 AGREEMENT FOR GENERAL SERVICES

3.7.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.7.19 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.7.22 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

3.7.23 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

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BB&K (2020) 14 AGREEMENT FOR GENERAL SERVICES

SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF UPLAND AND

ANTHESIS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF UPLAND ANTHESIS
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Michael Blay
City Manager

Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

Keri Johnson
City Clerk

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BB&K (2020) 15 EXHIBIT B SCHEDULE OF SERVICES

EXHIBIT “A”

SCOPE OF SERVICES

THE MAGNOLIA RECREATION CENTER IS AN APPROXIMATELY 8,180 SQ. FT. FACILITY WHICH IS

COMPRISED OF A LOBBY, ADMINISTRATION OFFICES, BREAKROOM/KITCHEN, STORAGE ROOM, SOUTH HALL, NORTH HALL, LOUNGE, MANAGER'S OFFICE, INTERIOR AND EXTERIOR RESTROOMS.

THE LANDECENA COMMUNITY BUILDING IS AN APPROXIMATELY 4,000 SQ. FT. FACILITY WHICH IS

COMPRISED OF A LOBBY, RECEPTION AREA, WORK STATION AREA, OFFICES, HALLWAY, GREAT ROOM, ROOM A, RESTROOMS, STORAGE ROOM AND KITCHEN.

THE GIBSON SENIOR CENTER IS AN APPROXIMATELY 9,860 SQ. FT. FACILITY WHICH IS COMPRISED OF A LOBBY, RECEPTION AREA, OFFICE AREA, CLASSROOMS, DANCE ROOM, DINING HALL, AND KITCHEN.

ANTHESIS (1 JOB COACH AND 3 PROGRAM PARTICIPANTS) WILL WORK BETWEEN THE HOURS OF 8:30AM AND 3:00PM MONDAY THROUGH FRIDAY, EXCLUDING CITY-OBSERVED HOLIDAYS. THIS IS A 6- HOUR WORK DAY WITH A 30 MINUTE LUNCH BREAK. THE CITY WILL PROVIDE ALL MATERIALS AND

EQUIPMENT REASONABLY NEEDED FOR THE CONTRACTOR TO PERFORM THE SERVICES INDICATED BELOW .

• MAINTAIN CLEANLINESS OF LOBBIES, OFFICES, AND SOCIAL AREAS • VACUUM ALL CARPETED AREAS ON FRIDAYS (LIMITED STAFF ON SITE) • ENSURE KITCHENS ARE CLEAN AND SANITIZED
• CLEAN DEBRIS IN OUTDOOR COMMON AREAS
• WEED CONTROL IN OUTDOOR COMMON AREA
• EMPTY ALL SITE TRASH CANS IN AREAS LISTED ABOVE DAILY • CLEAN CITY-OWNED EVENT FURNITURE
• DUST MOP ALL CARPET-FREE AREAS AS NECESSARY
• MOP CARPET-FREE AREAS AS NECESSARY OR AS REQUESTED
• REMOVE COBWEBS FROM WALLS AND CEILING SURFACES
• CLEAN BASEBOARDS
• MAINTAIN CLEANLINESS OF ALL RESTROOMS IN THE OFFICE AND ON THE EXTERIOR WHICH

INCLUDES, WALLS, FLOORS, FIXTURES AND MAINTAIN APPROPRIATE STOCKING LEVELS OF ALL

SUPPLIES
• REPORT MAINTENANCE AND/OR SAFETY ISSUES TO DESIGNATED CITY STAFF MEMBERS

THIS PROPOSED SCOPE OF W ORK IS A WORK IN PROGRESS AND WILL BE MODIFIED TO MEET THE NEEDS OF THE CITY OF UPLAND AS THE PARTNERSHIP PROGRESSES.

SUBMITTED 7/19/2023

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BB&K (2020) 16 EXHIBIT B SCHEDULE OF SERVICES

EXHIBIT “B”
CITY’S OBLIGATIONS
CITY OF UPLAND AGREES TO PROVIDE THE FOLLOWING:

1. City of Upland agrees to provide directions and details of the work to be performed, with specific instructions for work to be performed provided to the Job Coach, including a comprehensive description of job duties to be performed by the program participants.

2. City of Upland understands that the role of the Job Coach is to supervise, direct and maintain the quality of work of the program participants under his/her supervision.

3. City of Upland will provide an accurate description of safety requirements, personnel standards and other conditions required at the job site.

4. City of Upland will provide all products associated with the performance of all assigned duties such as safety supplies and equipment.

5. City of Upland will ensure observation of all applicable standards of confidentiality related to persons working at their site.

6. City of Upland will provide prompt response when requests are made for management support to resolve problems or other issues.

7. City of Upland will ensure workers and their Job Coach will have accessible use of the restrooms and drinking water while working, as well as an appropriate area for workers to take work breaks and a 30 -minute unpaid meal period.

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BB&K (2020) 17 EXHIBIT C COMPENSATION

EXHIBIT “C”

COMPENSATION

1. City agrees that payment of fees is at the rate of seven thousand five hundred dollars ($7,500.00) per month for services. There is no charge for the services performed by the Job Coach.

2. In the event the State of California establishes higher hourly minimum wages, the Parties will negotiate and mutually agree upon a possible increase in compensation.

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

RICHARD JEGANATHAN, INFORMATION TECHNOLOGY MANAGER
SUBJECT: AUTHORIZE THE CITY MANAGER TO JOIN THE CALIFORNIA DEPARTMENT OF TECHNOLOGY’S CONTRACT FOR MICROSOFT LICENSES AND APPROVE A

PURCHASE ORDER

RECOMMENDED ACTION:

It is recommended that the City Council authorize the City Manager to join the California Department of Technology’s (CDT) cooperative agreement (Contract 9-19-70-0012A) with Crayon Software Experts, LLC for Microsoft 365 licenses for a 3-year period, and approve a purchase order with Crayon and Microsoft for FY 2023/24.

GOAL STATEMENT
The proposed action supports the City’s goal of providing technology resources to staff at the most economical price.

BACKGROUND
On June 22, 2020, City Council approved an agreement to obtain three years of Microsoft licensing from Dell by piggybacking on a cooperative agreement negotiated by the County of Riverside.

The City is currently utilizing Microsoft Office 365 for various critical functions, including Email, video conferencing and collaboration tools, legal holds, and discovery features. These services have become an integral part of our day- to-day operations, facilitating communication, collaboration, and data management across all departments.

As the existing three-year Microsoft licensing term with Dell is coming to a close, st aff reviewed the County of Riverside’s agreement with Dell and looked for alternative options. If the City were to piggyback on the County of Riverside for Microsoft 365 G5 licenses (M365 G5), the three -year cost for 325 users would exceed $620,000 (see attachment). The California Department of Technology has negotiated a contract with Crayon to provide M365 G5 licenses at a significantly discounted rate for public agencies, including local governments like ours. M365 G5 is a comprehensive suite of cloud-based productivity tools that includes advanced features for communication, collaboration, and security.

ISSUES AND ANALYSIS
It is essential to renew the existing Office 365 licenses to ensure uninterrupted access to these services. Failure to renew could lead to service disruption, loss of data, and hindered productivity for our staff. The license renewal will enable the City to continue utilizing these tools efficiently. Renewing/Upgrading the existing Microsoft Office 365 licenses and piggybacking on CDT’s contract with M365 G5 licenses are essential steps in ensuring the City's continued access to crucial communication, collaboration, and data management tools. By taking advantage of this opportunity, we can empower our staff to work more efficiently, collaborate seamlessly, and safeguard our digital assets.

Benefits of Joining the CDT-Microsoft M365 G5 Contract:

1. Cost Savings: By leveraging the CDT contract, we can take advantage of substantial cost savings on M365 G5 licenses compared to purchasing them directly from Microsoft or other vendors. Calculated savings exceed $200,000 for the next three years.

2. Enhanced Productivity and Collaboration: M365 G5 offers a wide range of productivity and collaboration tools, such as Microsoft Teams, SharePoint, and OneDrive. These tools can facilitate seamless communication and collaboration among our staff and enhance overall efficiency.

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3. Advanced Security Features: M365 G5 provides robust security features, including threat protection, data loss prevention, and identity management. These features can strengthen our cybersecurity posture and protect sensitive information from potential threats.

4. Access to the Latest Updates and Features: By utilizing M365 G5 licenses, we gain access to regular updates and new features from Microsoft. This ensures that our staff can work with the most up -to-date technology, improving their capabilities and effectiveness.

Staff is recommending joining CDT’s contract 9 -19-70-0012A (see attachment) for the remaining 3-years on the existing agreement and the requesting the issuance of a purchase order to Microsoft and CDT for purchase of Microsoft 365 licenses in an amount not to exceed:

Year 1 Cost +
10% Contingency
Year 2 Cost +
10% Contingency
Year 3 Cost +
10% Contingency Total
Crayon Software Experts (3 year term)
Year 1: September 1, 2023 - March 27, 2024
Year 2: March 28, 2024 - March 27, 2025
Year 3: March 28, 2025 - March 27, 2026 $ 78,032.50 $ 159,754.00 $ 174,307.00 $ 412,093.50 CDT Administrative Fee (2.71%) $ 2,114.68 $ 4,329.33 $ 4,723.72 $ 11,167.73 CDT Cost Distribution Fee (3.5%) $ 2,731.14 $ 5,591.39 $ 6,100.75 $ 14,423.27 $ -
Sub-total $ 82,878.32 $ 169,674.72 $ 185,131.46 $ 437,684.51 10% Contingency $ 8,287.83 $ 16,967.47 $ 18,513.15 $ 43,768.45 Total $ 91,166.15 $ 186,642.20 $ 203,644.61 $ 481,452.96

ENVIRONMENTAL DETERMINATION
The proposed action is the approval for joining a contract and purchase orders and 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
Funds are currently included in the FY 23/24 budget to cover the first-year costs. The requested purchase order for FY 23/24 would include both Year 1 and Year 2, as the partial first contract year does not cover the entire fiscal year .

Funding for the two subsequent years will be included in those budgets.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

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Quote Date: 08.03.2023 Customer Quoted by:

Otech on behalf of City of Upland Crayon Software Experts LLC Attn: Richard Jeganathan 12221 Merit Drive, Suite 1400
Dallas, TX 75251
Susan McDowell
[email protected]
**Budgetary Pricing does not include CDT Fees**
**FromSA pricing available on initial purchase of G5 licenses only; all reservations and adds will receive full USL pricing.**

Pricing for Enterprise Agreement Renewal
Part Number Description Qty Annual Unit Price Extended Amount Pricing and Usage Year 3 - 7 months with 9/1 start (09/01/2023 - 03/27/2024) Enterprise Products - Monthly Subscriptions
AAL-48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 350 222.95$ 78,032.50$ Year 3 Total 78,032.50$
Part Number Description Qty Annual Unit Price Extended Amount Pricing and Usage Year 4 - 12 months (03/28/2024 - 03/27/2025) Enterprise Products - Monthly Subscriptions
AAL-48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 350 456.44$ 159,754.00$ Year 4 Total 159,754.00$
Part Number Description Qty Annual Unit Price Extended Amount Pricing and Usage Year 5 - 12 months (03/28/2025 - 03/31/2026) Enterprise Products - Monthly Subscriptions
AAL-48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 350 498.02$ 174,307.00$ Year 5 Total 174,307.00$
Total Years 3-5 412,093.50$
** Pricing Expires in 45 days from date of quote**
**All items included in this RFQ are new, unused, not refurbished, with original manufacturer warranty.** Remit to Address:

CDT will remit payment.

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Dell Customer Communication - Confidential#
Sam Andrews
[email protected]
512.720.4469
Customer: City of Upland
Date of Issue:3/31/2023
Enrollment 3-year contract total
Renewal of 8434180 (exp 8/2023)$621,420.24
"M365-G5" Renewal quote

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Dell Customer Communication - Confidential#
Program Part
Number Item Description Monthly Unit
Price
Annual Unit
Price Quantity Extended Price
YEAR 1
EA J5U-00004 AzureprepaymentG ShrdSvr ALNG SubsVL MVL Commit Provision ($0.00) $ - $ - 1 $ - EA AAL-45735 M365 G5 GCC Sub Per User $ 49.87 $ 598.44 325 $ 194,493.00 EA P3U-00001 Visio P2 GCC Sub Per User $ 11.17 $ 134.04 2 $ 268.08 194,761.08$
Year 1
EA 9EA-00278 Win Server DC Core ALng SA 2-core Lic $ 123.79 100 $ 12,379.00 12,379.00$
Total Annual Payment Year 1 207,140.08$
Total Annual Payment Year 2 207,140.08$
Total Annual Payment Year 3 207,140.08$
Total of 3 years of payments 621,420.24$
City of Upland - "M365-G5" renewal quote
Monthly Subscriptions- Section 1
Licensing and Software Assurance --Section 2

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Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400 State of California

SOFTWARE LICENSING PROGRAM (SLP PLUS)
AMENDMENT No.: 1

Contractor:

Contract Number:

SLP Plus Contract Term:

Contract Base:

Crayon Software Experts LLC
9-19-70-0012A
04/22/2019 through 10/31/2024
Microsoft Offer Number Microsoft-SLP Plus-2019
This amendment is being issued to:
• Update CDT Contact
• Extend the term of this SLP agreement through October 31, 2024 and to replace the existing agreement in its entirety.

ORDERING INSTRUCTIONS:

Prior to placing orders under this contract, state agencies must contact the California Department of Technology (CDT) who will place orders on behalf of your department. All requests will be procured by CDT using the Software Cooperative Agreement (SCA) contract number (under your current enrollment). All the terms conditions and pricing under the SCA contracts will be applicable.

CDT CONTACT

Name: Danielle Kanelos
Telephone: (916) 431-5052
Email: [email protected]
By signing below, Contractor agrees to the Endpoint Protection Requirements (EPP) dated October 4, 2018, and all other provisions included herein

For State of CA:

Original Signature on File
Patrick Mullen
Manager
Multiple Award Programs Section
Procurement Division
Department of General Services
Date
For Contractor:

Original Signature on File
Signature
Printed Title
Printed Name
Company Name
Date

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PROCUREMENT DIVISION | State of California |Government Operations Agency 707 3rd Street, 2nd Floor | West Sacramento, CA 95605 | t 916.375.4400 f 916.375.4613 May 7, 2019
Mr. Greg Landry
Crayon Software Experts LLC
12221 Merit Drive, Suite 800
Dallas, TX 75251
Mr. Landry,
The state is pleased to accept your offer to establish a Software Licensing Program PLUS (SLP PLUS) contract. Your SLP PLUS contract number is 9-19-70-0012A. This contract number must be shown on every invoice you issue to a state or local government agency customer. Ordering agencies may purchase their software products and/or software maintenance from your SLP PLUS contract during the term of the Microsoft Offer Number Microsoft-SLP Plus-2019.

This acceptance letter and the attached SLP PLUS contract are considered to be the contract.

Upon request, it is the responsibility of your organization to furnish copies of the SLP PLUS contract to state and local government agencies.

The SLP PLUS Program strongly recommends that government agencies place orders with suppliers who provide ALL of the contract elements.

This letter shall not be construed as a commitment to purchase any or all software products and/or software maintenance from your firm.

Approval is required from the state for all news releases about the SLP PLUS contract. Also, it is not acceptable to include products or services on the SLP PLUS contract which are not approved on the Software License Agreement.

Should you have any questions regarding this contract, please contact me at 916/375-4332.

Thank you for your continued cooperation and support of the SLP PLUS Program.

Sincerely,
Jyoti Patel-Osby
Contract Administrator
Software Licensing Program

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State of California
Procur em ent Division
707 Third Street, 2°d Floor, MS #2-202
West Sacramento, CA 95605-2811

SOFTWARE LICENSING PROGRAM PLUS (SLP PLUS)
[9 software licensingprogram
Contractor:

Contract Number:

SLP PLUS Term:

Crayon Software Experts LLC
9-19-70-0012A
04/22/2019 through 03/15/2022
Contract Base: Microsoft Offer Number Microsoft-SLP Plus-2019 ORDERING INSTRUCTIONS:

CDT CONTACT
Vanessa Nguyen Bianan
Phone: 916-431-5041
Email: [email protected]
By signing below, Contractor agrees to the Endpoint Protection Requirements (EPP) dated October 4, 2018, and all other provisions included herein
For State of CA:

Pat Mullen
Section Chief
Multiple Award Programs Section
Procurement Division
Depa me t of General Services
;) 1 \ I
Date
Date
Procurement Division I State of California I California Government Operations Ag ency 707 3rd Street, 2"dFJoor I West Sacramen to, CA 95605 It 916.375-4400

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DATE: August 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

STACEY PADRON, EXECUTIVE ASSISTANT I
SUBJECT: APPROVE AN AGREEMENT WITH COMPLETE PAPERLESS SOLUTIONS FOR A

CITYWIDE DOCUMENT SCANNING PROJECT

RECOMMENDED ACTION:

It is recommended that City Council approve a professional services agreement with Complete Paperless Solutions (CPS) for a citywide document scanning project with a not to exceed of $350,000 by piggybacking on a competitively bid agreement negotiated by the City of Wildomar, and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City’s goal of having easy electronic access to important City documents.

BACKGROUND
On October 11, 2021, City Council approved the American Rescue Plan Act (ARPA) Investment Plan, which set aside $100,000 in funds for Citywide document scanning.

On January 24, 2022, City Council approved an agreement with Complete Paperless Solutions (CPS) for an Enterprise Content management Software with ARPA funds.

On February 27, 2023, City Council approved the Mid-Year Budget Review’s proposed adjustments, which included $250,000 set aside to augment the $100,000 to allow the scanning of documents in the Development Services, Finance, Human Resources, and Risk Management divisions.

ISSUES AND ANALYSIS
The City has been planning to implement a city-wide document scanning project, aimed at digitizing and organizing various city documents. The scanned documents will be stored in the Laserfiche Document Management System, enhancing accessibility, efficiency, data security and easy accessibility to staff and residents. This project will involve scanning and digitizing a diverse range of documents including, but not limited to, city records, permits, licenses, contracts, and historical records. The scope encompasses all city departments aiming for a comprehensive digital transformation of the city's document management practices.

Objectives:

1. Digitization: Convert physical documents into electronic format to eliminate paper-based processes, reduce physical storage requirements, and improve document retrieval times.

2. Organization: Establish a consistent naming and categorization convention to enhance document search and retrieval capabilities within the Laserfiche system.

3. Accessibility: Improve accessibility to documents for authorized personnel by providing a centralized, secure, and user-friendly platform.

4. Efficiency: Streamline internal processes by enabling quick and simultaneous access to documents, facilitating collaboration among departments, and reducing administrative overhead.

5. Data Security: Implement robust security protocols to safeguard sensitive information, restrict access to authorized personnel, and maintain compliance with relevant regulations.

In the interest of moving the scanning process along timely and obtaining the best possible price, Staff is recommending piggybacking on the City of Wildomar’s competitively bid project that included rates per page and per hour for scanning projects. See attachment for the Wildomar agreement terms.

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ENVIRONMENTAL DETERMINATION
The proposed action is the scanning of existing documents and 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
No additional funds are being requested. City Council has previously allocated $350,000 in ARPA and General Fund funding for this project.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

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1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of August 14, 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 Complete Paperless Solutions(CPS), a LLC with its principal place of business at 5031 E. La Palma Avenue, Suite 206, Anaheim, CA 92807 (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:

Set-up and design of Enterprise Document Management System

(hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $350,000. 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.

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

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2 be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. Time of Performance.

The term of this Agreement shall be from August 15th, 2023 to June 30th, 2025 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed).

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
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.

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3 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.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (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.

Page 285 of 495 ends

Upland City CouncilAugust 14, 2023

Upland City Council
August 14, 2023