46899 02/14/2024 PRINTED 1156 T.R.L.SYSTEMS,INC 4,604.75 46900 02/14/2024 PRINTED 1716 TEAMDYNAMIX HOLDINGS,INC 829.62 46901 02/14/2024 PRINTED 99981 THOMSON REUTERS-WEST PAYMENT CENTER 4,796.10 46902 02/14/2024 PRINTED 1296 TRANSTECH 4,526.00 46903 02/14/2024 PRINTED 125411 TYLER TECHNOLOGIES INC 800.00 46904 02/14/2024 PRINTED 1595 VALLEY MAINTENANCE CORP 8,015.00 46905 02/14/2024 PRINTED 14735 VERIZON WIRELESS 163.08 46906 02/14/2024 PRINTED 14735 VERIZON WIRELESS 320.08 46907 02/14/2024 PRINTED 14735 VERIZON WIRELESS 287.67 46908 02/14/2024 PRINTED 14735 VERIZON WIRELESS 40.01 46909 02/14/2024 PRINTED 14735 VERIZON WIRELESS 1,210.50 46910 02/14/2024 PRINTED 14735 VERIZON WIRELESS 120.03 46911 02/14/2024 PRINTED 14735 VERIZON WIRELESS 434.33 46912 02/14/2024 PRINTED 14735 VERIZON WIRELESS 120.03 46913 02/14/2024 PRINTED 14735 VERIZON WIRELESS 9,003.58 46914 02/14/2024 PRINTED 1653 MARIA E WALWORTH 250.00 46915 02/14/2024 PRINTED 760 WATER FACILITIES AUTHORITY 1,489.60 46916 02/14/2024 PRINTED 392 WAXIE SANITARY SUPPLY 2,118.80 46917 02/14/2024 PRINTED 1725 WEST COAST ARBORISTS INC 104,103.00 46918 02/14/2024 PRINTED 999999 FREEDOM FOREVER LLC 393.60 46919 02/14/2024 PRINTED 999999 SUNPOWER CORPORATION 393.60 46920 02/21/2024 PRINTED 1681 10-8 RETROFIT INC 704.05 46921 02/21/2024 PRINTED 73931 4IMPRINT 486.14 46922 02/21/2024 PRINTED 36721 ALHAMBRA REPROGRAPHICS INC 101.27 46923 02/21/2024 PRINTED 17278 AT&T 175.00 46924 02/21/2024 PRINTED 39171 ALL AMERICAN ASPHALT 527,853.25 46925 02/21/2024 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 8,340.30 46926 02/21/2024 PRINTED 1729 ANTHESIS SERVICES 7,500.00 46927 02/21/2024 PRINTED 226 ARCHITERRA DESIGN GROUP 13,952.75 46928 02/21/2024 PRINTED 862 BADGER METER INC 6,871.99 46929 02/21/2024 PRINTED 1734 BATTERY WORX INC 138.21 46930 02/21/2024 PRINTED 1553 RICHARD BAUTISTA 100.06 46931 02/21/2024 PRINTED 1374 BAY ALARM COMPANY 215.00 46932 02/21/2024 PRINTED 1769 BIO-TOX LABORATORIES 2,482.00 46933 02/21/2024 PRINTED 120021 BRIGHTVIEW 10,313.93 46934 02/21/2024 PRINTED 819 BRINKS,INC 1,047.39 46935 02/21/2024 PRINTED 1503 BROWN AND CALDWELL 12,100.72 46936 02/21/2024 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 2,717.60 46937 02/21/2024 PRINTED 12511 CALIFORNIA COMPUTER SCHOOLS 125.00 46938 02/21/2024 PRINTED 1755 CIVICA LAW GROUP,APC 18,515.86 46939 02/21/2024 PRINTED 163 CLINICAL LABORATORY OF SAN BERNARDINO,INC 754.00 46940 02/21/2024 PRINTED 45421 COSTAR REALTY INFORMATION GROUP INC 729.40 46941 02/21/2024 PRINTED 1500 THE CUSTOM GRAPHICS 439.62 46942 02/21/2024 PRINTED 656 DANIELS TIRE SERVICE,INC 4,132.57 46943 02/21/2024 PRINTED 10485 EXPERIAN 77.00 46944 02/21/2024 PRINTED 1587 EXPRESS BRAKE SUPPLY&DISTRIBUTORS INC 690.73 46945 02/21/2024 PRINTED 1011 FOOTHILLS BANK 126,183.00 46946 02/21/2024 PRINTED 96251 FORD OF UPLAND 561.23 46947 02/21/2024 PRINTED 123041 FRIENDS OF UPL ANML SHLTR INC 2,999.48 46948 02/21/2024 PRINTED 58311 G H A TECHNOLOGIES 1,016.51 46949 02/21/2024 PRINTED 1721 DAVID YOVANI RUIZ 3,124.11 46950 02/21/2024 PRINTED 85921 GENERATOR SERVICES CO 1,181.07 46951 02/21/2024 PRINTED 111251 GNA BROOK FIRE PROTECTION INC 304.61 46952 02/21/2024 PRINTED 1603 GOLDEN STAR JANITORIAL INC 15,392.00 46953 02/21/2024 PRINTED 1714 GENUINE PARTS COMPANY 104.66 46954 02/21/2024 PRINTED 306 HACH CO 61.28 46955 02/21/2024 PRINTED 329 HOLLIDAY ROCK CO INC 185.33 46956 02/21/2024 PRINTED 4495 HOSE-MAN INC 386.97
46957 02/21/2024 PRINTED 16340 INFOSEND INC 11,188.41 46958 02/21/2024 PRINTED 3430 INLAND EMPIRE STAGES,LTD 600.00 46959 02/21/2024 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 12,617.83 46960 02/21/2024 PRINTED 114501 INTERWEST CONSULTING GROUP 19,073.00 46961 02/21/2024 PRINTED 1662 JLGROUP,LLC 24,718.70 46962 02/21/2024 PRINTED 913 JOEL'SAUTOMOTIVE,INC 820.00 46963 02/21/2024 PRINTED 1732 GREGORY KILEY 3,900.00 46964 02/21/2024 PRINTED 102 LIGHTING INSTYLE 29.27 46965 02/21/2024 PRINTED 445 MATHISEN OIL CO INC 864.49 46966 02/21/2024 PRINTED 903 MCC CARPET CLEANING INC 750.00 46967 02/21/2024 PRINTED 1533 MELVIN ZARAGOZA 300.00 46968 02/21/2024 PRINTED 824 MK CONSULTING 2,676.05 46969 02/21/2024 PRINTED 238 MOUNTAIN VIEW CHEVROLET 95.22 46970 02/21/2024 PRINTED 7816 MR TS TOWING INC 1,800.00 46971 02/21/2024 PRINTED 473 MUNICIPAL MAINTENANCE EQUIPMENT INC 7,328.13 46972 02/21/2024 PRINTED 203 MV CHENG&ASSOCIATE 5,643.75 46973 02/21/2024 PRINTED 1740 O-REILLY AUTO ENTERPRISES,LLC 301.90 46974 02/21/2024 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 155.00 46975 02/21/2024 PRINTED 923 ODYSSEY POWER CORPORATION 11,269.00 46976 02/21/2024 PRINTED 6625 P F SERVICES INC 382.50 46977 02/21/2024 PRINTED 1547 PUBLIC ENTITY RISK MANAGEMENT AUTHORITY(PERMA) 1,000.00 46978 02/21/2024 PRINTED 16823 PRE PAID LEGAL SVC,INC 173.40 46979 02/21/2024 PRINTED 14051 PRO FORCE LAW ENFORCEMENT 728.44 46980 02/21/2024 PRINTED 3662 SAFETY-KLEEN SYSTEMS,INC 7.00 46981 02/21/2024 PRINTED 601 SAN ANTONIO WATER CO 185,588.49 46982 02/21/2024 PRINTED 222 SAN BERNARDINO COUNTY 500.00 46983 02/21/2024 PRINTED 606 SAN BERNARDINO COUNTY SHERIFF'S 851.00 46984 02/21/2024 PRINTED 1552 SHANE SAUCEDO 100.06 46985 02/21/2024 PRINTED 131121 SHRED-IT USAJV LLC 86.67 46986 02/21/2024 PRINTED 107 SITEONE LANDSCAPE SUPPLY HOLDING LLC 442.49 46987 02/21/2024 PRINTED 637 SMART&FINAL IRIS CO 310.44 46988 02/21/2024 PRINTED 1608 STAFFING NETWORK HOLDINGS,LLC 3,614.40 46989 02/21/2024 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 2,337.48 46990 02/21/2024 PRINTED 492 STEVE'S PROFESSIONAL GLASS TINTING&AUTO SECURITY 620.00 46991 02/21/2024 PRINTED 11583 THOMPSON PLUMBING SUPPLY 638.95 46992 02/21/2024 PRINTED 626 TMP ENTERPRISES,LLC 200.00 46993 02/21/2024 PRINTED 11484 U S BANK 3,657.00 46994 02/21/2024 PRINTED 3557 UNDERGROUND SERVICE ALERT 771.73 46995 02/21/2024 PRINTED 1724 VETERINARY PET INSURANCE COMPANY 349.26 46996 02/21/2024 PRINTED 392 WAXIE SANITARY SUPPLY 129.30 46997 02/21/2024 PRINTED 1345 YOUR PROPERTY SOLUTIONS 4,386.25 46998 02/21/2024 PRINTED 999999 BOYD INDUSTRIES INC 5,679.09 46999 02/21/2024 PRINTED 999999 MARIA CORTEZ 60.00 47000 02/21/2024 PRINTED 999999 NORTHWOODS APARTMENT 995.00 47001 02/28/2024 PRINTED 1374 BAY ALARM COMPANY 471.00 47002 02/28/2024 PRINTED 119661 BEST BEST&KRIEGER LLP 28,435.52 47003 02/28/2024 PRINTED 83401 CARL WARREN&CO 4,067.50 47004 02/28/2024 PRINTED 1877 FRANCISCO MONRREAL 381.43 47005 02/28/2024 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 61.90 47006 02/28/2024 PRINTED 1500 THE CUSTOM GRAPHICS 210.11 47007 02/28/2024 PRINTED 1153 DENCO LIEN SALES,INC 905.00 47008 02/28/2024 PRINTED 124 DEPARTMENT OF JUSTICE 209.00 47009 02/28/2024 PRINTED 39021 EH WACHS CO 350.20 47010 02/28/2024 PRINTED 1735 ONTARIO PRO SOCCER,LLC 1,500.00 47011 02/28/2024 PRINTED 4456 FEDERAL EXPRESS 7.71 47012 02/28/2024 PRINTED 117361 FERREIRA,NORBERTO 260.00 47013 02/28/2024 PRINTED 96251 FORD OF UPLAND 405.13 47014 02/28/2024 PRINTED 78 FRONTIER 43.23
47015 02/28/2024 PRINTED 78 FRONTIER 688.84 47016 02/28/2024 PRINTED 78 FRONTIER 133.87 47017 02/28/2024 PRINTED 78 FRONTIER 78.08 47018 02/28/2024 PRINTED 16829 GOURMET GOURMET CATERING 545.22 47019 02/28/2024 PRINTED 1714 GENUINE PARTS COMPANY 2,809.83 47020 02/28/2024 PRINTED 329 HOLLIDAY ROCK CO INC 1,109.83 47021 02/28/2024 PRINTED 1183 INTEGRATED TACTICAL CONCEPTS,LLC 1,100.00 47022 02/28/2024 PRINTED 284 J G BAUTISTA CONSULTING 9,225.00 47023 02/28/2024 PRINTED 79821 K S M ELECTRIC 19,376.97 47024 02/28/2024 PRINTED 80561 KEENAN&ASSOCIATES 8,236.16 47025 02/28/2024 PRINTED 53241 KONICA MINOLTA BUSINESS SOLUTIONS 6,872.44 47026 02/28/2024 PRINTED 675 LANDIVAR,CARLO 76.50 47027 02/28/2024 PRINTED 16385 MAIN STREET SIGNS 1,238.77 47028 02/28/2024 PRINTED 1151 OLVERA,GREGORIO 269.37 47029 02/28/2024 PRINTED 16877 NEXTDAY DELIVERY SERVICE,LLC 285.13 47030 02/28/2024 PRINTED 117121 NUCKLES OIL COMPANY INC 33,002.58 47031 02/28/2024 PRINTED 1740 O-REILLY AUTO ENTERPRISES,LLC 39.01 47032 02/28/2024 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 155.00 47033 02/28/2024 PRINTED 1401 NATIONAL BUSINESS FURNITURE LLC 4,313.18 47034 02/28/2024 PRINTED 41401 ROCIO PRECIADO 60.31 47035 02/28/2024 PRINTED 839 R.D.OFFUTT COMPANY 17,925.69 47036 02/28/2024 PRINTED 10638 RICHARDS,WATSON&GERSHON 245.00 47037 02/28/2024 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 900.00 47038 02/28/2024 PRINTED 90591 S&J SUPPLY CO INC 1,010.26 47039 02/28/2024 PRINTED 1666 SIMON S WONG&ASSOCIATES 7,000.00 47040 02/28/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 668.85 47041 02/28/2024 PRINTED 1608 STAFFING NETWORK HOLDINGS,LLC 3,614.40 47042 02/28/2024 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 123.56 47043 02/28/2024 PRINTED 211 STATEWIDE TRAFFIC SAFETY AND SIGNS INC 10,032.61 47044 02/28/2024 PRINTED 196 GLB ENTERPRISES INC 5,400.00 47045 02/28/2024 PRINTED 4463 NANCY K BOHL INC 1,890.00 47046 02/28/2024 PRINTED 62321 U.S.TELEPACIFIC CORP 2,502.12 47047 02/28/2024 PRINTED 311 U S ARMOR CORPORATION 5,686.39 47048 02/28/2024 PRINTED 704 V&V MANUFACTURING,INC 123.91 47049 02/28/2024 PRINTED 14735 VERIZON WIRELESS 5,655.32 47050 02/28/2024 PRINTED 14735 VERIZON WIRELESS 40.01 47051 02/28/2024 PRINTED 14735 VERIZON WIRELESS 503.47 47052 02/28/2024 PRINTED 14735 VERIZON WIRELESS 2,069.44 47053 02/28/2024 PRINTED 14735 VERIZON WIRELESS 920.23 47054 02/28/2024 PRINTED 14735 VERIZON WIRELESS 849.33 47055 02/28/2024 PRINTED 112201 WAUSAU TILE CO 871.77 47056 02/28/2024 PRINTED 1725 WEST COAST ARBORISTS INC 11,552.00 47057 02/28/2024 PRINTED 97071 WEST VALLEY MRF 4,486.78 47058 02/28/2024 PRINTED 1261 WEX HEALTH INC 272.25 47059 02/28/2024 PRINTED 999999 DEEANNA LESONDAK 41.00 47060 02/28/2024 PRINTED 999999 JOANNE WALTMAN 500.00 47061 02/28/2024 PRINTED 999999 MAGDALENA MARINO 41.00 47062 02/28/2024 PRINTED 999999 MAGDALENA MARINO 41.00 47063 02/28/2024 PRINTED 999999 NANCY FLOYD 41.00 47064 02/28/2024 PRINTED 999999 SUSAN SCOTT 41.00 47065 02/28/2024 PRINTED 999999 SYLVIA SWAGER 41.00 47066 02/28/2024 PRINTED 999999 SYLVIA SWAGER 41.00 PRINTED CHECKS(336 COUNT) $ 3,109,166.89
223000 02/23/2024 MANUAL 1499 EMPOWER TRUST COMPANY,LLC 70,611.93 223001 02/23/2024 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 616,501.69 20124000 02/01/2024 MANUAL 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 1,865.00 20224000 02/02/2024 MANUAL 43651 U S BANK NATIONAL ASSN 28,241.14
20224001 02/02/2024 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 662,667.24 20224002 02/02/2024 MANUAL 32091 SOUTHERN CALIF EDISON CO 28,789.13 20224003 02/02/2024 MANUAL 543 SOUTHERN CALIF GAS COMPANY 8,468.91 20224004 02/02/2024 MANUAL 16340 INFOSEND INC 0.06 20624000 02/06/2024 MANUAL 1337 STANDARD INSURANCE COMPANY 2,982.78 20824000 02/08/2024 MANUAL 441 MIDAMERICA ADMIN&RETIREMENT SOLUTIONS,LLC 1,168.08 20824001 02/08/2024 MANUAL 621 KAREN LONG 187.50 20824002 02/08/2024 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 300.00 20824003 02/08/2024 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 1,072.00 20824004 02/08/2024 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 950.00 20824005 02/08/2024 MANUAL 737 UPLAND POLICE OFFICERS ASSN 5,481.00 20824006 02/08/2024 MANUAL 1594 COBRA PROFESSIONALS,INC 1,707.20 20824007 02/08/2024 MANUAL 618 ICMA-RC 1,693.75 20824008 02/08/2024 MANUAL 65181 CALPERS 220,557.98 20924000 02/09/2024 MANUAL 1499 EMPOWER TRUST COMPANY,LLC 70,682.65 20924001 02/09/2024 MANUAL 624 DEPT OF THE TREASURY 100.00 21224000 02/12/2024 MANUAL 1544 UPLAND ENHANCEMENT FOUNDATION 20,000.00 21324000 02/13/2024 MANUAL 1589 LIVELY INC 2,742.17 21424000 02/14/2024 MANUAL 83401 CARL WARREN&CO 78,651.05 21524000 02/15/2024 MANUAL 65181 CALPERS 220,645.41 22124000 02/21/2024 MANUAL 441 MIDAMERICA ADMIN&RETIREMENT SOLUTIONS,LLC 32,393.96 22124001 02/21/2024 MANUAL 32091 SOUTHERN CALIF EDISON CO 92,397.93 22324002 02/23/2024 MANUAL 760 WATER FACILITIES AUTHORITY 237,908.38 22324003 02/23/2024 MANUAL 11484 U S BANK 223,333.55 22324004 02/23/2024 MANUAL 441 MIDAMERICA ADMIN&RETIREMENT SOLUTIONS,LLC 1,301.35 22324005 02/23/2024 MANUAL 621 KAREN LONG 187.50 22324006 02/23/2024 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 910.00 22324007 02/23/2024 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 288.00 22324008 02/23/2024 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 1,072.00 22324009 02/23/2024 MANUAL 737 UPLAND POLICE OFFICERS ASSN 5,388.00 22324010 02/23/2024 MANUAL 1594 COBRA PROFESSIONALS,INC 1,586.37 22324011 02/23/2024 MANUAL 618 ICMA-RC 1,693.75 22624000 02/26/2024 MANUAL 624 DEPT OF THE TREASURY 100.00 22724000 02/27/2024 MANUAL 1589 LIVELY INC 2,742.17 22724001 02/27/2024 MANUAL 1282 WESTERN ALLIANCE BUSINESS TRUST 85,812.15 22724002 02/27/2024 MANUAL 1308 LOCAL AGENCY INVESTMENT AGENCY-LAIF 4,000,000.00 22824000 02/28/2024 MANUAL 1724 VETERINARY PET INSURANCE COMPANY 349.26 22924001 02/29/2024 MANUAL 11484 U S BANK 5,000,000.00 MANUAL CHECKS(42 COUNT) $ 11,733,531.04
PRINTED CHECKS(336 COUNT) $ 3,109,166.89
MANUAL CHECKS(42 COUNT) $ 11,733,531.04
PRINTED&MANUAL CHECK TOTALS $ 14,842,697.93
�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: March 25,2024
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 CONTRACT AMENDMENTS EXTENDING CONTRACTS FOR
PER CAPITA PROJECT FUNDING
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No. 1 for two Proposition 68 Per Capita project funding contracts with the State of California-Natural Resources Agency Department of Parks and Recreation;and authorize the City Manager to execute the contracts.
GOAL STATEMENT
The proposed action supports the City's goal of improving public park and recreation facilities for the community and securing grant funding to assist in the implementation of park upgrades.
BACKGROUND
Proposition 68 (Prop 68)was passed by voters in June 2018 and it authorized$4 billion dollars of general obligation bonds to fund the creation and development of state and local parks, environmental protection projects, water infrastructure projects,and flood protection projects. Of that, $185 million was allocated to the Per Capita Program, which allocated grants to local governments on a per capita basis.In addition,$13.9 million was allocated to the Urban County Per Capita Program,which allocated grants to cities and districts in urbanized counties who provide park and recreation services to jurisdictions of 200,000 or less in population.
The City of Upland has been allocated$177,952 of Prop 68 Per Capita funding and an additional$47,118 in Urban County Per Capita funding.Projects that do not serve severely disadvantaged communities(median household income less than 60% of the statewide average)must include a 20% match from the Grantee. Grantees must show a match amounting to 25% in additional costs. As a result, the City is required to have a minimum of$56,250 in matching funds for a total minimum project cost of$281,250.
At the November 2,2021 meeting of the Parks,Arts,Recreation,Community Services(PARCS)Advisory Committee, the Proposition 68 Per Capita park projects at Citrus Park and Olivedale Park were presented,and it was recommended that the projects be presented before the City Council.
At the December 13, 2021 City Council meeting, the City Council adopted Resolution No. 6623 authorizing the submittal of an application for the use of Proposition 68 Per Capita funds for park projects at Citrus Park and Olivedale Park.
Since the approval of the projects,$60,000 of the Proposition 68 Per Capita funding has been spent at Citrus Park for the replacement of the roofs over the restroom and the concession stand.At the October 9,2024 meeting of the City Council,the Olivedale Park shade structure project was approved.The remaining$165,070 will fund a portion of the shade structures, with the City's matching requirement being fulfilled with a minimum of$55,178.08 in Quimby funds.
ISSUES AND ANALYSIS
The Project Performance Period for the City of Upland's contracts with the State of California were slated to expire June 30,2024.Amendment No. 1 will extend the Project Performance Periods through June 30,2028.
The Olivedale Park shade structure project is slated to be completed by late June 2024,so the allocated funds will be spent well before the extended expiration date.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project
State of California — Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
AMENDMENT TO CONTRACT
Contract No. C9801559 Amendment No. 1
THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Upland
The State and, City of Upland in mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows:
1. Extend the Project Performance Period to 6/30/2028
2. Add III. Special Provisions E/O N-6-22-Economic Sanctions In all other respects, the contract of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below.
STATE DEPARTMENT OF PARKS AND RECREATION
Applicant: City of Upland
By
By
Date
Title City Manager
Applicant's Authorized Representative as shown in Resolution Date
CERTIFICATION OF FUNDING
(FOR STATE USE ONLY)
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO C9801559 1 0000040186 18-36-047, 18-47-048 AMOUNT ENCUMBERED BY THIS FUND
DOCUMENT Drought, Water, Cln Air, Cstl Protc, Outdoor Fund PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6088 29 18 2023/24 $177,952
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured Account/Alt Account ACTIVITY CODE PROJECT/WORK $177,952 37900091 5432000- 69801 PHASE
5432000000
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Upland (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $177,952 , subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number— 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2018 to June 30, 2028 .
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT" or"STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1
PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds may be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and 2
any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. 3
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to 4
the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5
5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
6
M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
Ill. Special Provisions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to 7
provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
City of Upland
GRANTEE
By:
Signature of Authorized Representative
Title: City Manager
Date:
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By:
Date:
8
State of California — Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
AMENDMENT TO CONTRACT
Contract No. C9802261 Amendment No. 1
THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Upland
The State and, City of Upland in mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows:
1. Extend the Project Performance Period to 6/30/2028
2. Add III. Special Provisions E/O N-6-22-Economic Sanctions In all other respects, the contract of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below.
STATE DEPARTMENT OF PARKS AND RECREATION
Applicant: City of Upland
By
By
Date
Title City Manager
Applicant's Authorized Representative as shown in Resolution Date
CERTIFICATION OF FUNDING
(FOR STATE USE ONLY)
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO C9802261 1 0000040186 18-36-049
AMOUNT ENCUMBERED BY THIS FUND
DOCUMENT Drought, Water, Cln Air, Cstl Protc, Outdoor Fund PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6088 23 19 2023/24 47,118
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured Account/Alt Account ACTIVITY CODE PROJECT/WORK $47,118 37900091 5432000- 69803 PHASE
5432000000
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Upland (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $47,118 , subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number— 3790-1011-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2018 to June 30, 2028 .
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT" or"STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1
PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds may be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and 2
any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
3
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4
termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5
5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
M. Assignability
6
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
Ill. Special Provisions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. 7
City of Upland
GRANTEE
By:
Signature of Authorized Representative
Title: City Manager
Date:
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By:
Date:
8
�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: March 25,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
JESSICA GANDARA,RECREATION&COMMUNITY SERVICES MANAGER
SUBJECT: REJECT ALL BIDS FOR PROJECT NO. 83003, OLIVEDALE PARK PLAYGROUND
EQUIPMENT INSTALLATION
RECOMMENDED ACTION:
It is recommended that the City Council reject all bids for Project No. 83003,Olivedale Park Playground Equipment Installation and authorize staff to re-advertise the project.
GOAL STATEMENT
The proposed action supports the City's goal to maintain and improve the City's public recreational facilities in alignment with resident expectations.
BACKGROUND
As a result of Proposition 68 (Prop 68)passing in 2018, the City of Upland was allocated funding through the Per Capita Program. Staff identified projects to be completed with these funds,including the replacement of the existing picnic shade structure,the addition of a second picnic shade structure, and the full replacement of the playground at Olivedale Park.The playground would meet the City's matching fund requirements. The project was approved at the December 13,2021 meeting of the City Council.
On December 12 2022, staff included the playground replacement at Olivedale Park on the Quimby Fee Project Identification report, as it was apparent that additional funding would be needed to complete the desired projects at Olivedale Park.The Quimby Fee Project Identification report provided to City Council on October 9,2023 identified over$320,000 for a playground replacement at Olivedale Park.
At the January 8, 2024 meeting of the City Council, the purchase of playground equipment for Olivedale Park was approved.
ISSUES AND ANALYSIS
The Olivedale Park Playground Equipment Installation Notice Inviting Bids(NIB)was advertised in the Inland Valley Dailey Bulletin on January 29, 2024 and February 5, 2024 in accordance with the California Public Contract Code Section 20164 and was also listed on the City's website. On February 27, 2024 the City received four bids for the Project,as follows:
Bidder Bid Amount
Micon Construction,Inc. $95,719
Ortco $117,300
Western State Builders,Inc. $117,350
R.E. Schultz Construction,Inc. $143,690
After learning of an internal administrative error resulting in a significantly lesser bid from one contractor, staff recommends rejecting all bids.The Notice Inviting Bids will be refined,along with the technical procedures for issuing addendums.The estimated date for awarding the contract is April 22,2024.
ENVIRONMENTAL DETERMINATION
The rejecting of bids 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
1. Award bid to Micon Construction,Inc.This alternative will require an immediate"change order"to include the demolition and disposal of existing playground equipment and sandbox,
2. Provide alternative direction to staff.
CEQA:Not a Project.
4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Staff(krctill
DATE: March 25,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
SUBJECT: CONSIDER ADOPTING A RESOLUTION WITHDRAWING FROM MUNICIPAL
INSURANCE COOPERATIVE
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution withdrawing from the Municipal Insurance Cooperative.
GOAL STATEMENT
The proposed action supports the City's goal of sound fiscal stewardship for the City of Upland.
BACKGROUND
In June 2014, in a cost-reduction attempt, staff recommended that City Council form a Joint Powers Authority for collective buying power to achieve lower insurance costs. The recommendation came from Keenan&Associates,for whom the City had utilized beginning June 2013 for insurance broker services. The anticipated savings through the approach was$40,848,or a 4.75%reduction in costs. In conjunction with staff's recommendation,on June 23,2014, the City Council adopted Resolution No. 6232 declaring membership in the Municipal Insurance Cooperative Joint Powers Authority(MIC).
Since that time, additional governments, both municipalities and special districts have also joined MIC, providing improved buying power for insurance quotations.
ISSUES AND ANALYSIS
In the last few years,throughout the United States and particularly in the State of California,municipalities have seen insurance costs rise dramatically due to large insurance payouts as a result of wildfires, other natural disasters, and increasingly large jury awards in police use-of-force cases. However, the City of Upland has seen a staggering increase in insurance premium costs at the same time that payouts have decreased.
In the last four years, the City has seen general liability insurance premiums (including property, flood and cyber insurance) in the Self-Insured Liability Internal Service Fund increase 301.3% from $803,419 in FY 19/20 to $2,420,430 in the current fiscal year. At the same time,the City's self-insured retention level has risen 400%, from $50,000 to$2 million. Seeing no end to the staggering increases, for over a year Administrative Services staff have explored other insurance arrangements that may better suit the City's structure and needs.
One of the three joint powers authorities that the City applied to this fiscal year is California Intergovernmental Risk Authority Joint Powers Authority(CIRA). CIRA has over 50 municipal and special district members,including the Cities of Arcadia, Highland, Menifee, Placentia, Rancho Cucamonga, Rancho Santa Margarita, Sierra Madre, Twentynine Palms, Wildomar, Yucaipa and Yucca Valley and Rancho Cucamonga Fire Protection District. CIRA provides increased pricing power with a larger membership, but also provides tools that the City can leverage to implement cost-effective loss prevention programs. As opposed to the City's current joint powers authority,CIRA is also a risk sharing pool,meaning losses are shared between all members.
While the City has made significant strides in its loss history in the last three or four years, on a 10-year lookback basis,Upland's loss history is not appealing to joint powers authorities,with$4.3 million incurred on sidewalk claims, $2.7 million on Police liability claims and$1.2 million on vehicle collisions. As a part of due diligence to ensure that Upland would be a good fit for CIRA, CIRA staff conducted an onsite risk assessment, interviewing all department heads and visiting all City buildings where staff are permanently housed.
Based on the risk assessment conducted, on March 21, 2024, CIRA staff are recommending that the Executive Committee vote to approve the City of Upland for Membership and recommend the CIRA Board ratify the City of Upland for membership effective July 1, 2024. The City is being proposed to enter into CIRA's workers' compensation program at a$350,000 self-insured retention level and join the general liability program at the$1 million self-insured retention level—the same level as CIRA's excess carrier,PRISM(Public Risk Innovation, Solutions and Management),effectively bypassing the CIRA pool layer and attaching directly to PRISM.
ENVIRONMENTAL DETERMINATION
The proposed action is the withdrawal from a joint powers authority 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 current year fiscal impact with this action. While not all quotes have been provided for all insurances, with a move away from MIC,the City would see a$1 million minimum savings to the Self-Funded Insurance Internal Service Fund for both FY 24/25 and 25/26.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA WITHDRAWING FROM THE
MUNICIPAL INSURANCE COOPERATIVE
WHEREAS, on June 23, 2014, the City of Upland City Council approved Resolution No. 6232 declaring membership in the Municipal Insurance Cooperative ("MIC"), a group purchasing joint powers authority; and WHEREAS, for the last ten years, the City of Upland has purchased Excess Workers' Compensation and Excess General Liability insurance coverage through MIC; and
WHEREAS, the recent market conditions in California and for municipalities have caused significant rate increases, increased retentions, and a reduction in limits available to public entities; and
WHEREAS, the City of Upland's Administrative Services Department has researched other insurance arrangements that may better suit the City's structure and needs; and
WHEREAS, one of the joint powers authorities City of Upland staff have been in contact with is the California Intergovernmental Risk Authority Joint Powers Authority (CIRA); and
WHEREAS, on February 13, 2024, the CIRA Underwriting Committee gave direction to CIRA staff to conduct an onsite risk assessment visit and loss analysis as part of the underwriting approval process; and
WHEREAS, on February 27 and 28, 2024, CIRA staff conducted an onsite risk assessment, interviewing all department heads and visiting all City buildings where staff are permanently housed; and
WHEREAS, the CIRA Executive Committee have met on March 21, 2024 to consider membership admission for the City of Upland as well as other municipalities and special districts; and
WHEREAS, based on the risk assessment and loss analysis conducted by CIRA staff, CIRA staff recommends the City of Upland for membership in both the Workers' Compensation and General Liability programs with self-insured retentions of $350,000 and $1,000,000, respectively; and
WHEREAS, the MIC Bylaws Withdrawal Provisions require members to submit a final written notice of withdrawal from MIC, together with a copy of the Member's Board Resolution or meeting minutes authorizing such action at least three (3) months prior to the start of a new Program year; and
WHEREAS, in the event of a withdrawal from MIC, all claims initiated during the period the City was a MIC member would continue to be handled to their conclusion by MIC; and
Resolution No.
WHEREAS, based on the acceptance by the CIRA Executive Committee of the City of Upland's membership application on March 21, 2024, the City of Upland wishes to withdraw from MIC.
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.
Section 2. The City Council hereby resolves to withdraw from membership in MIC effective June 30, 2024.
Section 3. The City Council further instructs Administrative Services staff to provide written notice along with this Resolution to MIC prior to March 31, 2024.
Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 5. Effective Date. This Resolution shall become effective immediately.
Section 6. Certification. The City Clerk shall certify the adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 25th day of March, 2024.
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 25th day of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
RESOLUTION NO. 6232
RESOLUTION OF THE CITY COUNCIL DECLARING MEMBERSHIP
IN THE MUNICIPAL INSURANCE COOPERATIVE JOINT POWERS
AUTHORITY (JPA)
Intent of the Parties and Findings
(i) Title I, Division 7, Chapter 5, Article I (Section 6500 et seq.) of the Government Code of the State of California authorizes joint exercise by two or more public agencies of any power common to them ("Joint Powers Authority"); and (ii) the purpose of the Joint Powers Authority proposed herein is to aggregate the City of Upland's buying power and achieve more comprehensive property, liability and workers' compensation insurance coverage at a reasonable cost with other public agencies.
NOW, THEREFORE, the Upland City Council hereby finds, determines and resolves as follows:
Section 1. All of the facts set forth in the recitals part of this Resolution, are true and correct.
Section 2. The City Council hereby approves the Municipal Insurance Cooperative Joint Exercise of Powers Agreement and Bylaws attached hereto as Attachment A authorizing the City of Upland to participate in the municipal insurance cooperative.
Section 3. The City Council appoints Stephanie Mendenhall as the City of Upland's official representative to the Municipal Insurance Cooperative.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 5. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 23rd day une, 2014.
Ray M. sser, Mayor
I, Stephanie A. Mendenhall, City Clerk of the Cit of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 23rd day of June, 2014, by the following vote:
AYES: Mayor Musser, Councilmembers Stone, Bozar, Filippi NOES: None
ABSENT: Councilmember Brandt
ABSTAINED: None
/ [
ATTEST:
Stephanie A. Mendenhall, City Clerk
ATTACHMENT A
MUNICIPAL INSURANCE COOPERATIVE
JOINT EXERCISE OF POWERS AGREEMENT
April 1 , 2014
MUNICIPAL INSURANCE COOPERATIVE (MIC)
JOINT EXERCISE OF POWERS AGREEMENT
TABLE OF CONTENTS
1. CREATION OF THE JOINT POWERS ENTITY 3
2. FUNCTIONS OF THE AUTHORITY 3
3. POWERS OF THE AUTHORITY 4
4. TERM OF THE AGREEMENT 5
5. BYLAWS 5
6. MEMBERSHIP IN THE AUTHORITY 5
7. WITHDRAWAL FROM OR TERMINATION OF MEMBERSHIP 6
8. TERMINATION OF AGREEMENT 6
9. DISPOSITION OF PROPERTY,FUNDS AND OBLIGATIONS 6
10. AMENDMENTS 6
11. SEVERABILITY 7
12. LIABILITY 7
13. ENFORCEMENT 7
14. MULTIPLE COUNTERPARTS 7
15. DEFINITIONS 7
16. ENTIRE AGREEMENT 8
17. CONTROLLING LAW 8
Municipal Insurance Cooperative ( MIC )
JOINT EXERCISE OF POWERS AGREEMENT
TO ESTABLISH, OPERATE, AND MAINTAIN A
JOINT PROGRAM
THIS AGREEMENT is entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Sections 6500, et seq.) of the California Government Code, relating to the joint exercise of powers, between the public agencies signatory hereto, and also those which may hereafter become signatory hereto, for the purpose of operating an agency to be known and designated as Municipal Insurance Cooperative(MIC) (hereinafter referred to as the Authority).
WITNESSETH :
WHEREAS, it is to the mutual benefit of the parties herein subscribed and in the best public interest of said parties to join together to establish this Joint Exercise of Powers Agreement to accomplish the purposes hereinafter set forth; and
WHEREAS, the signatories hereto have determined that there is a need, by public agencies, for a Joint Purchasing Program for Workers' Compensation, General Liability, Property, Employment Liability and optional Crime insurance; and
WHEREAS, it has been determined by such signatories that a Joint Purchasing Program for Workers' Compensation, General Liability, Property, Employment Liability and optional Crime insurance is of value on an individual and mutual basis; and WHEREAS, Title 1, Division 7, Chapter 5, Article 1, of the California Government Code authorizes joint exercise by two or more public agencies of any power common to them; and WHEREAS, it is the desire of the signatories hereto to jointly provide for a Joint Purchasing Program for Workers' Compensation, General Liability, Property, Employment Liability and optional Crime insurance for their mutual advantage and concern; and WHEREAS, it is the desire of the signatories hereto to study and from time to time to incorporate other forms of property, casualty or employee benefit health and welfare programs into a Joint Purchasing Program such as that described herein. 2
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF THE
EXECUTION OF THIS AGREEMENT BY OTHER PUBLIC AGENCIES, EACH OF THE PARTIES HERETO DOES AGREE AS FOLLOWS:
1. CREATION OF THE JOINT POWERS ENTITY
A joint powers entity, separate and apart from the public agencies signatory hereto, shall be and is hereby created and shall hereafter be designated as the Municipal Insurance Cooperative(MIC) (hereinafter referred to as the Authority).
2. FUNCTIONS OF THE AUTHORITY
A. The Authority is established for the purposes of administering this Agreement, pursuant to the provisions of the California Government Code, and of providing the services and other items necessary and appropriate for the establishment, operation and maintenance of a Joint Purchasing Program for Workers' Compensation, General Liability, Property, Employment Liability, and optional Crime Insurance Program protection for the public agencies who are Members thereof, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding other programs.
B. The functions of the Authority are:
(1) To provide a Joint Purchase Program and system for Workers' Compensation, General Liability (including Employment Liability), Property, optional Crime insurance, and such other optional individual coverages as are required by a Member, and as such, to perform, or contract for the performance of, the financial administration, policy formulation, claim service, legal representation, safety engineering, and other services as necessary for the payment and handling of all Workers' Compensation, General Liability, Property, Employment Liability, and Crime insurance claims, and such other optional individual coverages as are required by Members.
(2) To pursue the Member's right of Subrogation against a third party when in the discretion of the Authority the same is appropriate. Any and all proceeds resulting from the assertion of such Subrogation rights shall accrue to the benefit of the Member.
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3. POWERS OF THE AUTHORITY
The Authority shall have the power and authority to exercise any power common to the public agencies which are parties to this Agreement, provided that the same are in furtherance of the functions and objectives of this Agreement as herein set forth. Pursuant to Section 6509 of the California Government Code, the exercise of the aforesaid powers of the Authority shall be subject to the restrictions upon the manner of exercising such powers by a public agency having the same status as a member agency or joint powers authority except as otherwise provided in this Agreement.
In specific, the Authority shall have the following powers:
(1) To enter into contracts.
(2) To obtain appropriate other coverage as determined by the Authority. (3) To acquire, hold, and dispose of property, real and personal, all for the purpose of providing the membership with the necessary administration, education, study, development, and implementation of a Joint Program including, but not limited to, the acquisition of facilities and equipment, the employment of personnel, and the operation and maintenance of a system for the handling of the Joint Program. (4) To incur debts, liabilities, and obligations necessary to accomplish the purposes of this Agreement.
(5) To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, associations, and any governmental entity.
(6) To invest funds as deemed appropriate by the Authority, and as subject to law. (7) To provide a forum for discussion, study, development, and implementation of recommendations of mutual interest regarding other Joint Programs. (8) To sue and be sued in the name of the Authority.
(9) To perform such other functions as may be necessary or appropriate to carry out this Agreement, so long as such other functions so performed are not prohibited by any provision of law.
(10) To join other joint powers authorities to provide services and coverages to the Authority.
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4. TERM OF THE AGREEMENT
This Agreement shall be effective and binding on any signatory thereto upon execution.
This Agreement shall continue in effect until lawfully terminated as provided herein and in the Bylaws. In the event of a reorganization of one or more of the public agencies participating in this Agreement, the successor or successors in interest to the assets and/or obligations of any such reorganized public agency shall succeed as a party or as parties to this Agreement. However if the reorganization creates a material change in the risk profile of the public agency as determined by the Authority's Board of Directors, then continuing membership by such reorganized agency will be subject to Board approval.
5. BYLAWS
A. The Authority shall be governed pursuant to certain Bylaws, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, and by such amendments to the Bylaws as may from time to time be adopted. Wherever in this Agreement "Bylaws" are referred to, said Bylaws shall be those set forth in Exhibit "A", as may be amended. Each party to this Agreement agrees to comply with and be bound by the provisions of said Bylaws and further agrees that the Authority shall be operated pursuant to this Agreement and said Bylaws.
B. Procedures for amending the Bylaws shall be as provided in the Bylaws so long as not inconsistent with this Agreement.
6. MEMBERSHIP IN THE AUTHORITY
A. Each party to this Agreement must be eligible for membership in the Authority as defined in this Agreement and shall become a Member of the Authority on the effective date of this Agreement, except as provided herein below. Each party which becomes a Member of the Authority shall be entitled to the rights and privileges of, and shall be subject to the obligations of, membership as provided in this Agreement and in the Bylaws.
B. Upon two-thirds (2/3) vote of the Members present at a Board of Directors' meeting, any public agency that is not a party hereto but that desires to join the Authority created hereby, may become a Member hereof by executing a copy of this Agreement whereby said public agency agrees to comply with the terms of this Agreement and of the Bylaws effective as of the date of such execution.
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7. WITHDRAWAL FROM OR TERMINATION OF MEMBERSHIP
A. Any party to this Agreement which has completed a three year term as described in the Bylaws as a Member of the Authority may voluntarily terminate this Agreement as to itself and withdraw from membership in the Authority. Such termination and withdrawal of membership shall become effective subject and according to the conditions, manner and means set forth in the Bylaws.
B. Termination by any party to the Agreement shall not be construed as a completion of the purpose of the Agreement and shall not require the repayment or return to the parties of all or any part of any contributions, payments, or advances made by the parties until the Agreement is terminated as to all parties.
C. A Member may be involuntarily terminated from the Authority upon two-thirds (2/3) vote of the Members present at a Board of Directors' meeting, as provided in the Bylaws. Such removal from membership shall become effective subject and according to the conditions, manner and means set forth in the Bylaws.
8. TERMINATION OF AGREEMENT
This Agreement may be terminated effective at the end of any fiscal year by a two thirds (2/3) vote of the Members present at a Board of Directors'meeting, provided, however, that the Authority and this Agreement shall continue to exist for the purpose of disposing of all obligations, distribution of assets, and all other functions necessary to conclude the affairs of the Authority.
9. DISPOSITION OF PROPERTY, FUNDS AND OBLIGATIONS
A. In the event of the dissolution of the Authority or other final termination of this Agreement by the public agencies then a party hereto, any property interest remaining in the Authority following a discharge of all obligations shall be disposed of as provided for in the Bylaws.
B. In the event a Member withdraws from this Agreement, any property interest of that Member remaining in the Authority following discharge of all obligations shall be disposed of as provided for in the Bylaws.
C. After the completion of the Authority's purpose, any surplus money remaining shall be returned to the current members hereto in proportion to the contributions made.
10. AMENDMENTS
This Agreement may be amended at any time by a subsequent written agreement signed by two thirds (2/3) of the parties hereto. Any such amendment shall be effective upon the date of final execution thereof by all the parties thereto.
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11. SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or any other applicable law, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby.
12. LIABILITY
A. Pursuant to Section 6508.1 of the California Government Code, the debts, liabilities and obligations of the Authority shall not be debts, liabilities or obligations of the parties to this Agreement. However, the Members remain liable to the Authority for contributions assessed by the Authority to pay its debts, liabilities or obligations.
B. The Authority may insure/reinsure itself, to the extent deemed necessary or appropriate by the Board of Directors, against loss, liability, and claims arising out of or connected with this Agreement.
13. ENFORCEMENT
The Authority is hereby given authority to enforce this Agreement.
14. MULTIPLE COUNTERPARTS
The Agreement may be executed in multiple counterparts, each of which shall be considered an original.
15. DEFINITIONS
The terms used herein and in the Bylaws shall have the following meanings:
A. the Authority shall mean the Municipal Insurance Cooperative, a joint powers authority created by this Agreement.
B. "Board of Directors" shall mean the governing board of the Authority established by the Bylaws to direct and control the Authority.
C. "Claim Liability" shall mean those liabilities established by the Authority which represent Joint Program liabilities as respects to claims that have been incurred but unpaid and incurred but not reported.
D. "Contribution" shall mean money paid by a Member to the Authority, or monies assessed a Member of the Authority.
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E. "Joint Program" shall mean the group purchasing of insurance/reinsurance or the setting aside of funds and reserves to pay for a self-insured retention or for losses not covered by insurance/reinsurance.
F. "Member" shall mean an individual California public agency, or joint powers authority comprised solely of California public agencies, that has executed this agreement.
G. "Memorandum of Coverage" shall mean the description of the scope of protection provided to the Members for Program claims.
H. "Obligations" shall mean, but not be limited to, all payments required by law together with all Claim Liabilities and any other legal obligations incurred by the Authority pursuant to this Agreement and Bylaws.
J. "Program Year" shall mean one year of the Joint Program, separate from each and every other Program Year and shall operate on a fiscal year from July 1st through June 30th, or as otherwise determined by the Board of Directors.
L. "Subrogation" shall mean the recovery of payments which the Authority has made on behalf of a Member. Subrogation monies received are the properties of the Authority and for the Basis of Contribution are credited to the account of the Member.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Authority and the Members, and as such, supersedes all prior agreements, understandings, negotiations and representations.
17. CONTROLLING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their authorized officers thereunto duly authorized as set forth herein below.
Member:
Date:
By:
Title:
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Exhibit A
BYLAWS
BYLAWS
TABLE OF CONTENTS
ARTICLE I BOARD OF DIRECTORS 1
ARTICLE II RULES OF THE BOARD OF DIRECTORS 2 ARTICLE III OFFICERS 3
ARTICLE IV MANAGER 4
ARTICLE V FINANCE 4
ARTICLE VI MEMORANDUM OF COVERAGE 5
ARTICLE VII ACCOUNTS AND RECORDS 6
ARTICLE VIII RISK MANAGEMENT 6
ARTICLE IX WITHDRAWAL FROM OR TERMINATION OF MEMBERSHIP 7 ARTICLE X DISPOSITION OF PROPERTY AND FUNDS 8
ARTICLE XI INVESTMENT OF SURPLUS FUNDS 8
ARTICLE XII AMENDMENT 8
ARTICLE XIH SEVERABILITY 8
ARTICLE XIV EFFECTIVE DATE 9
ARTICLE XV INDEMNIFICATION OF DIRECTORS AND OFFICERS 9
BYLAWS
MUNICIPAL INSURANCE COOPERATIVE
PREAMBLE
Municipal Insurance Cooperative (MIC) ("Authority") is established for the purpose of providing the services and other items necessary and appropriate for the establishment, operation, and maintenance of a Joint Purchasing Program for Workers' Compensation, General Liability, Property, and Employment Liability and an optional Crime Insurance Program protection for the public agencies who are Members hereof, and to provide a forum for discussion, study, development, and implementation of recommendations of mutual interest regarding other programs of insurance and self insurance.
ARTICLE I
BOARD OF DIRECTORS
A. A Board of Directors is hereby established to direct and control the Authority.
B. Each Member of the Authority shall be entitled to appoint one representative and one alternate to the Board of Directors. The Board representative and the alternate must be employees or authorized agents of the Member and shall serve at the pleasure of the member by whom appointed. Only the designated Board representative or designated alternate may represent a Member, and the alternate may act as Director only in the absence of the representative. The designated representative and designated alternate may invite members of their agencies' staffs or consultants to attend meetings of the Board of Directors in an advisory capacity only.
C. The Board of Directors will conduct meetings consistent with the Ralph M. Brown Act, provided, however, that it will hold at least one regular meeting each fiscal year. The date, time, and place for each such regular meeting shall be fixed by the Board of Directors, which shall be publicly posted prior to the meeting on a public bulletin board to be designated by the Board of Directors and filed with each Member of the Authority. All meetings of the Board of Directors shall be called, held, and conducted in accordance with the terms and provisions of the Ralph M. Brown Act (Sections 54950, et seq., of the California Government Code), as said Act may be modified by subsequent legislation, and as the same may be augmented by rules of the Board of Directors not inconsistent therewith. The Board of Directors will cause minutes of its meetings to be kept, and post the true and correct copies of the minutes of such meetings after Board approval D. The Board of Directors, by resolution, shall designate a specific location at which it will receive notices, correspondence, and other communications.
E. The Board of Directors may establish and dissolve operating committees and establish the authority granted to such committees and their operating policies. The Board Chair shall
appoint the Chairperson and members of committees from the Authority's active membership.
F. The Board of Directors may establish, revise and discontinue policies related to the operation of the Authority and such approved policies are binding upon the Members unless otherwise specified by policy by the Board of Directors.
G. The Board of Directors shall determine contributions and the method by which contributions will be paid to a General Fund. The Board of Directors shall also provide for additional assessments during the year, if necessary or appropriate, to allow for increased costs and expenses that may occur. The Board of Directors shall insure that a complete and accurate system of accounting of the General Fund shall be maintained at all times consistent with established auditing standards and accounting procedures.
H. The Board of Directors shall review coverages that are provided to Members through the Memorandum of Coverage, established policies and procedures for claims administration.
I. The Board of Directors shall approve the terms of all related insurance, excess insurance, reinsurance and other agreements, including the terms of coverage, claims services, cost and compensation.
J. The Board of Directors shall directly or by contract provide for services required to effectively implement all aspects of this Joint Program.
ARTICLE II
RULES OF THE BOARD OF DIRECTORS
A. The Board of Directors may establish rules governing its own conduct and procedure and have such expressed or implied authority as is not inconsistent with, or contrary to,the laws of the State of California, these Bylaws,or the Joint Powers Agreement.
B. A quorum for the transaction of business by the Board of Directors shall consist of a majority of the Board of Directors.
C. No one serving on the Board of Directors shall receive any salary or compensation from the Authority.
D. The Board of Directors may approve reimbursement for expenses incurred at its direction. 2
ARTICLE III
OFFICERS
A. Principal Officers shall be a Chair, a Vice Chair, Secretary, and a Treasurer. The Officers of the Authority shall serve a term of two years, beginning July 1 of even-numbered years, except in the formation year the initial term will run from the date of formation until July 1.
B. Election of Officers:
1. The Board shall elect a Chair and Vice-Chair, Secretary, and Treasurer from among the Directors.
2. Officer elections shall take place at the last regularly scheduled Board of Directors meeting in even-numbered Program Years. Directors may make nominations of individuals who meet the requirements for the office at the time of election. If such nomination is seconded, the nominated individual shall be a candidate for that office for which the candidate was nominated. The candidate with the greatest number of votes shall assume the office.
3. Any person elected as an officer may be removed at any time, with or without cause, by a majority vote of the Board of Directors.
4. All vacancies arising may be filled at any time by a two-thirds vote of the Directors present at that Board of Directors meeting using the same procedures as specified above. Officers elected by such procedure shall serve the remaining term of the vacant position.
C. The Chair and Vice Chair shall perform the duties normal to such offices, and shall perform such other duties as may be imposed by the Board. The Vice-Chair shall perform all of the Chair's duties in the absence of the Chair.
D. The Secretary shall be the chief administrative officer of the Authority. The Secretary duties include recording all votes and the minutes of all proceedings. The Secretary shall give, or cause to be given, notice of all meetings of the Board of Directors when notice is required by law or these Bylaws. The Secretary shall have such other powers and perform such other duties as may be prescribed from time to time by the Board of Directors or the Chair.
E. The Treasurer shall serve as the chief financial officer of the Authority, without the need to post an official bond, and fulfill the requirements of the California Government Code.
The Treasurer shall oversee third party professionals, approved by the Board of Directors, in connection with the following:
1. Receipt of all money of the Authority and place it in the designated depository to the credit of the Authority;
2. Be responsible for the safekeeping and disbursement of all money of the Authority; 3
3. Pay, when due, out of money of the Authority all legitimate and verifiable sums payable by the Authority;
4. Verify and report in writing at least annually to the Board of Directors the amount of money held for the Authority, the amount of receipts since the last Treasurer's Report, and the amount paid out since the last Treasurer's Report; and
5. Act as custodian of the Authority's property.
The Treasurer shall have such other powers and perform such other duties as may be prescribed from time to time by law or by the Board of Directors or the Chair.
ARTICLE IV
MANAGER
All decisions related to the Authority and the Joint Program shall be made by the Board of Directors and/or Officers. The Authority may contract with a company with demonstrated expertise and experience to assist the Authority with the management and operation of the Authority (the "Manager"). The services to be provided by the Manager and the compensation to be earned shall be as determined and approved by the Board of Directors.
ARTICLE V
FINANCE
A. The Authority shall operate on a fiscal year from July 1 through June 30.
B. The Board of Directors shall adopt, on or before June 1st a preliminary budget estimating the amount of money that will be needed for the ensuing year. On or before June 30, the Authority shall adopt a final budget showing each of the purposes for which the Authority will need money and the estimated amount of money that will be needed for each purpose for the ensuing fiscal year. A copy of the budget shall be provided to each of the Directors.
C. Each Member that actually purchases coverage from the Authority shall pay to the Authority a Contribution as calculated and adopted by the Board of Directors pursuant to the following:
1. Member's premium based upon each Member's Payroll, Total Insurable Values, Loss History, Unusual Exposures and other information relative to providing coverage purchased by the Member as determined by the reinsurers. This shall be considered the Base Contribution Rate.
2. A share of all other costs as determined by the Authority based on each Member's percentage of premium paid as defined in C.1 to the total premium of all Members purchasing products.
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4. Contributions are due and payable on receipt of invoice and shall be considered past due 30 days from receipt of invoice and a penalty assessed on the unpaid amount as determined by the Board of Directors.
D. Each Program Year of the Authority shall be accounted for separately from every other Program Year in regard to its assets and Obligations.
E. A General Fund if necessary shall be established and maintained to receive monies, pay operating expenses, hold reserves and pay claims of the Authority. The Authority shall accept and deposit in the General Fund all monies received.
F. An Operating Account if necessary shall be established and maintained out of monies received and deposited in the General Fund for:
1. Insurance/reinsurance premiums;
2. Claims management expenses;
3. Safety engineering;
4. Data processing costs;
5. Administration and Professional Services, and Miscellaneous operating expenses;
6. Loss Control.
ARTICLE VI
MEMORANDUM OF COVERAGE
A. As soon as practicable following the effective date of each Program Year, the Board of Directors shall issue to each Member a Memorandum of Coverage.
B. The Memorandum of Coverage shall contain:
1. Declarations of coverage and Member Contributions;
2. The scope of protection provided; and
3. Other terms and conditions determined by the Board of Directors. 5
ARTICLE VII
ACCOUNTS AND RECORDS
A. The Authority shall designate a depository in accordance with California Government Code 6505.5 and 6505.6.
B. The Authority is strictly accountable for all funds received and disbursed by it and, to that end, the Authority shall establish and maintain such funds and accounts as may be required by the Governmental Accounting Standards Board or by any provision of law or any resolution of the Authority. Books and financial records of the Authority shall be open to inspection at all reasonable times by representatives of the Members. The Authority, as soon as practical after the close of each fiscal year, shall give, or cause to be given, a complete written report of all financial activities for such fiscal year to each Member of the Authority.
C. The Board of Directors shall make, or contract with a Certified Public Accountant to make, an annual audit of the accounts, records, and financial affairs of the Authority. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for Special Districts under Section 26909 of the California Government Code and shall conform to Generally Accepted Auditing Standards and accounting principles. When such an audit of accounts and reports is made by a Certified Public Accountant, a report thereof shall be filed within twelve (12) months of the end of the fiscal year under examination with the State Controller and county auditor. Any costs of the audit, including contracts with, or employment of Certified Public Accountants in making the audit(s) provided for herein, shall be appropriate administrative charges against the funds of the Authority.
ARTICLE VIII
RISK MANAGEMENT
The Board of Directors of the Authority may adopt recommended minimum standards for risk management/loss control practices. These standards and best practices shall be reviewed by each Member as part of each Member's risk management practices. 6
ARTICLE IX
WITHDRAWAL FROM OR TERMINATION OF MEMBERSHIP
A. Any Member having completed three complete program years as a Member of the Authority may withdraw from its status as a Member and party to the Joint Powers Agreement at the end of the fiscal year subject to the following terms and conditions.
Provisional notice must first be submitted by notifying the Board of Directors of the Authority of its intention, in writing,prior to December 31 of the fiscal year.
B. The Member filing the provisional notice of withdrawal may then effectuate its withdrawal by giving the Authority final written notice, together with a copy of the Member's Board resolution or meeting minutes authorizing such action, at least three (3) months prior to the start of the new Program year.
C. The incurred claims, incurred but not reported claims, and all unearned contributions of the withdrawing Member shall leave with the Member.
D. A Member may be involuntarily terminated from the Authority upon a vote of two-thirds (2/3) of the Directors representing the remaining Members. Involuntary termination shall become effective at the end of the Program year in which the action is taken or upon such other date as the Board of Directors may specify, but in no case less than sixty (60) days after notice of involuntary termination is given. The responsibility and participation of an involuntarily terminated Member shall be the same as stated in Paragraph C of this Article.
E. Grounds for involuntary termination include, but are not limited to,the following:
1. Failure or refusal to abide by the Agreement or Bylaws;
2. Failure or refusal to fulfill the Member's responsibility to participate in Authority governance.
3. Failure or refusal of a Member to abide by an amendment which has been adopted by the Board of Directors or by the Members of the Authority as provided in the Agreement or these Bylaws;
4. Failure or refusal to pay Contributions or assessments to the Authority as provided in the Agreement or Bylaws;
5. Failure to comply with risk management or safety standards implemented by the Authority;
6. Failure of a Member to disclose a material fact to the Authority or its Manager. 7
ARTICLE X
DISPOSITION OF PROPERTY AND FUNDS
A. In the event of the dissolution of the Authority or other final termination of the Joint Powers Agreement, any funds or property interest remaining in the Authority following a discharge of all Obligations shall be distributed to current Members in proportion to contributions made.
B. If the Authority determines a return of contributions is to be declared, such return of contributions shall be computed in proportion to contributions made.
ARTICLE XI
INVESTMENT OF SURPLUS FUNDS
A. The Authority shall have the power to invest or cause to be invested, in compliance with Section 6509.5 of the California Government Code, such funds as are not necessary for the immediate operation of the Authority as allowed by Section 53600 et seq of the California Government Code.
B. The level of cash to be retained for the actual operation of the Authority shall be determined by the Authority.
ARTICLE XII
AMENDMENT
A. Amendment to these Bylaws may be proposed by any Member of the Authority.
B. All amendments to these Bylaws must be approved by a two-thirds (2/3) vote of the Directors present at a Board of Directors meeting before the amendment shall become effective. Such amendments shall be binding upon all Members of the Authority. The effective date of any amendment will be on the first day of the next month following adoption, unless otherwise stated.
ARTICLE XIII
SEVERABILITY
Should any portion, term, condition, or provision of these Bylaws be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby. 8
ARTICLE XIV
EFFECTIVE DATE
These Bylaws, as they may be amended from time to time, shall become effective immediately upon the effective date of the Joint Powers Agreement. Amendments to these Bylaws become effective as stated in Article XI.
The Agreement may be executed in multiple counterparts, each of which shall be considered an original.
ARTICLE XV
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Funds of the Authority may be used to defend, indemnify, and hold harmless any Officer or Director of the Authority for any liability arising from their actions on behalf of the Authority.
Nothing herein shall limit the right of the Authority to purchase insurance to provide such coverage.
2279264.1
9
oFIIA9 %IoUPLAND
The City of Gracious Liuing"
Old141771.
DATE: March 25,2024
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 AMENDMENT NO.2 TO THE GRAFFITI REMOVAL&
ABATEMENT SERVICES CONTRACT
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No.2 to the Professional Service Agreement between the City of Upland and Graffiti Protective Coatings, Inc. for graffiti removal and abatement; increase the contract amount by$86,119.80 for a total contract amount of$410,194.32; and authorize the City Manager to execute the amendment.
GOAL STATEMENT
The proposed action supports the City's objective to continue to maintain and abate all graffiti on City public facility infrastructure.
BACKGROUND
On February 24,2020,the City entered into an agreement with Graffiti Protective Coatings,Inc.for graffiti removal and abatement services, commencing on March 1, 2020. The initial term of the Agreement was for 3 years with an option to extend up to 3 additional years. All approved contract extension terms will commence on the first of March.
ISSUES AND ANALYSIS
In accordance with Agreement provision, the City of Upland is in acceptance of Graffiti Protective Coatings, Inc contract extension for 12 additional months and proposed CPI cost increase of 2.5% which in accordance with the United States Bureau of Labor Statistics, Los Angeles-Anaheim-Riverside Area, Consumer Price Index,(CPI). All other provisions of the Agreement shall remain the same. Approved CPI increases shall go into effect on the first of March.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project"and thus is exempt.
FISCAL IMPACTS
The adopted FY 2023-24 budget contains sufficient funds for the proposed Graffiti Removal&Abatement Services.
ALTERNATIVES
1. Elect not to extend contract terms and solicit for quotes regarding Graffiti Removal and Abatement Services.
2. Provide alternative direction to staff.
CEQA:Not a Project.
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
WITH GRAFFITI PROTECTIVE COATINGS, INC.
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of March 1, 2024 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and Graffiti Protective Coatings, 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 February 24, 2020 for the purpose of providing graffiti removal 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 terms of one (1) year.
C. WHEREAS, Section 1 of the Original Agreement also provides that the 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 Los Angeles- Anaheim-Riverside Area published monthly by the United State Bureau of Labor Statistics ("CPI")
D. WHEREAS, the Parties now desire to: (1) amend the Original Agreement in order to extend the term of the Original Agreement for an additional term of one year; (2) adjust the compensation rates of the Original Agreement; (3) and increase the total not- to-exceed compensation of the Original Agreement .
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 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. Term. The term of the Original Agreement shall be extended for an additional term of one year through February 28, 2025 unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this Amendment No. 2 shall not exceed Eighty-Six Thousand One Hundred Nineteen Dollars and Eighty Cents ($86,119.80) annually, thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Four Hundred Ten Thousand One Hundred Ninety-Four dollars and Thirty-Two Cents ($410,194.32). - 1 -
4. Amendment to the Schedule of Prices. The Schedule of Prices shall be replaced in its entirety by an amended Schedule of Prices, attached to this Amendment No. 2 as Attachment "B-1" and incorporated herein by this reference.
5. Full Force. Except as amended by this Amendment No. 2, 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. 2.
6. Electronic Transmission. A manually signed copy of this Amendment No. 2 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. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
- 2 -
SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH GRAFFITI PROTECTIVE COATINGS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF UPLAND CONTRACTOR
APPROVED BY: GRAFFITI PROTECTIVE COATINGS,
INC.
Michael Blay
City Manager APPROVED BY:
ATTEST: Carla Lenoff,
President
Keri Johnson, CMC, CPMC
City Clerk
APPROVED AS TO FORM:
Signature
Best Best & Krieger LLP Name
City Attorney
Title
- 3 -
ATTACHMENT B-1
SCHEDULE OF PRICES
FOR CITY WIDE GRAFFITI ABATEMENT SERVICES
Weekly Service Days Monthly Cost Annual Cost
Seven (7) $7,176.65 $86,119.80
• The pricing outlined in this Schedule of Prices shall be effective through February 28, 2025.
• Includes: ALL Items as detailed in Exhibit "A" "Scope of Services" which includes ALL labor & materials and other cost
- 4 -
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH GRAFFITI PROTECTIVE COATINGS, INC.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of March 1, 2023 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and Graffiti Protective Coatings, 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 February 24, 2020 .for the purpose of providing graffiti removal 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 terms of one (1)year.
C. WHEREAS, Section 1 of the Original Agreement also provides that the 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 Los Angeles- Anaheim-Riverside Area published monthly by the United State Bureau of Labor Statistics ("CPI")
D. WHEREAS, the Parties now desire to: (1)amend the Original Agreement in order to extend the term of the Original Agreement for an additional term of one year; (2) adjust the compensation rates of the Original Agreement; (3) and increase the total not- to-exceed compensation 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#hi x rdfiarQncma_
2. Term. The term .of the Original Agreement shall be extended for an additional term of one year through February 29, 2024 unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Eighty-Four Thousand Nineteen Dollars and Thirty Two Cents ($84,019.32), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Three Hundred Twenty Four Thousand Seventy Four Dollars and Fifty Two Cents ($324,074.52).
- 1 -
4. Amendment to the Schedule of Prices. The Schedule of Prices shall be replaced in its entirety by an amended Schedule of Prices, attached hereto to this Amendment No. 1 as Attachment"B-1"and incorporated herein by this reference.
5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
-2 -
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH GRAFFITI PROTECTIVE COATINGS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF UPLAND CONTRACTOR
AP BY: GRAFFITI PROTECTIVE COATINGS,
INC.
Bch `el Blay
City tiger APPROVED BY: r/
ATTEST:
Ca a Lenoff,
President
Ken Johnson, CMC, MC
City Clerk
ATTESTED BY:
APPROVED AS T FORM:
Signature 'f
Best Best&Krieger LLP S " l .rip1 y
City Attorney Name
LZ
Title
- 3 -
ATITACHMEPITT B4
SCHEDULE OF PRICES
FOR Oirif WIDE,ORAFFIll,ABATEENT SERVICES
f_iltgpv viispdthut Flole:777 'TraWia:;60; Coot= _ Solktert e4;01
tor ThpsIain . outhrd.1n the. Beheidilla PtiCO$ ;11011 be oftoetivo through I eb; f y 20, 2024.
Indult*All Htrn stdetelied h Exflbft1,'Ar lops of Su-Pikes*MOM iniudis ALL labor 1,1 matettahi srph other cost
-4-
PROFESSIONALSERVICES AGREEMENT
= GRAFFITI REMOVAL/ABATEMENT
19-002
THIS AGREEMENT is made and effective as of February 24,_2020, between the City of Upland, a municipal corporation ("City") and Graffiti Protective Coatinas. Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on March 01, 2020 and shall remain in effect for three (3) years. The City may, upon mutual agreement, extend the contract for three one (1) year additional 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 Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI).
2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Contractor shall complete the tasks according to the schedule of performance which is also set forth In Scope of Services.
3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, performs all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of$25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract
5. PAYMENT
a. The City agrees to pay Contactor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description (Graffiti Removal Services Schedule and Pricing), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in (Graffiti Removal Services Schedule and Pricing) than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed 5 240 0� (insert dollar amount)for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b.Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Public Works Director.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Public Works Director and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the contractor's fees it shall give written notice to Contractor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the contractor at least ten (10) days' prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractors control, and without fault or negligence of the Contractor, it shall not be considered a default. b.lf the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a.Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three(3)years after receipt of final payment. b.Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION.
a. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City.
b. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor's shall render any reasonable assistance and cooperation which City might require.
10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, Its agents, representatives, or employees. a.Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. 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 California; 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. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) 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 officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VIII, and admitted and licensed to do business in the State of California, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers 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 not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. c. 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.
12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement.
Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (2010), and City shall not be obligated to provide any health care coverage to Contractor. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However,City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the.United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Upland
Mailing Address:
460 N. Euclid Ave.
Upland, California 91786
Attention: City Manager
To Contractor: Graffiti Protective Coatings, Inc.
419 N. Larchmont Blvd. #264
Los Angeles, CA 90004
Attn: Carla Lenhoff, President
Telephone Number: 323-428-3530
15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder,without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Upland. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Upland shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Upland has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub- contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties.described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
21. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
22. WAIVER. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
23. CONSTRUCTION. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
24. COSTS. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
25. RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
26.ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
• Page 199 of 223
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written,
CITY OF UPLAND
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EXHIBIT"A"
CITY OF UPLAND
SCOPE OF SERVICES
GRAFFITI REMOVAL MAINTENANCE
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The presence of graffiti is a reflection on the community and the neighborhood in which it is located. The City recognizes that the first line of defense against graffiti is prevention, and prompt removal of graffiti is one of the most effective means to prevent its recurrence. Therefore, the City finds it most expedient to contract out these services to a company whose core operations is graffiti abatement.
Scope of Work
Contractor shall perform the services expeditiously and as needed by the City, seven (7) days per week, twenty-four hours per day, throughout the term of the Agreement. Once notified, Contractor has forty-eight (48) hours to remove graffiti.
Contractor to remove all graffiti from City owned property/infrastructure and in various circumstances remove from private property if the graffiti is in plain view of the general public.
Contractor shall be required to match paint color and finish with surrounding surface area to City Representative's satisfaction. Before and after digital with GPS capability photographs of graffiti will be required as requested, especially in the following circumstances:
• Extensive/large square footage areas.
• Small areas such as light poles, utility boxes/pedestals. • Tags that are seen repeatedly.
• Hate speech, profanity or threats against City entities. • Gang moniker type graffiti of any sort.
• Stickers that are placed on City infrastructure.
• Upon special request— Utility markings on streets, curbs & sidewalks.
The city has established a graffiti reporting hotline as part of its abatement program. Throughout the term of the Agreement, Contractor shall access the City's "Graffiti Hotline" at (909):931-4127 a minimum of three (3) times per day at approximately 7:00 a.m., 12:00 p.m.(Noon)and 5:00 p.m. in order to determine the services needed by the City. Graffiti Hotline access component must occur Monday thru Friday.
Unless otherwise instructed by the City's Representative, Contractor shall promptly access the Graffiti Hotline on a daily basis (Five days per week) as noted in the aforementioned detail.
ADDENDUM DOCUMENTS
Item No. 1
Contractor to provide option of web based work order system. a. Contractor to input/manage work orders that may be viewed by City staff.
Item No. 2
Contractor to provide graffiti reporting party a free Smartphone mobile app on Android or iPhone platform.
a. Request are to be electronically submitted to work order system and assigned a work order number in real time.
b. Upon job completion, a response with before & after photos are to be transmitted electrically to the reporting party email address. c. Mobile App must be available on the App Store and Android marketplace at the cost to the contractor.
Item No. 3
Photographs of work performed (before & after)to be documented in real-time with work order number, address, zone, method, surface, time cleaned, square footage, moniker, total response time to web based system.
Item No.4
Monthly invoices must include the following information. a. Job number, address, square footage, method of removal, surface type, date, census block group number, monthly totals of each category.
Item No. 5
Agreement shall commence on March 01, 2020. All other dates are to remain as they state on original RFP.
Item No. 6
Sealed RFP Proposals due date to be Thursday December 12, 2019. 5:00pm at City of Upland Public Works Services Department, 1370 N. Benson Ave, Upland, CA 91786.
PROPOSED SCHEDULE OF PRICES
FOR CITYWIDE GRAFFITI ABATEMENT SERVICES
Weeldy Service Days Monthly Cost Annual Cost
Seven(7) i 6,668.2O i 60,O1S.40
• Includes:ALL Items as detailed in Exhibit"A'"Scope of Services"which Includes ALL labor&materials and other cost.
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MINUTES OF THE SPECIAL MEETING OF THE PUBLIC WORKS
COMMITTEE
March 18, 2024
5:00 p.m.
Carnegie Library Building
123 East D Street
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 5:05 p.m.
In attendance: Committee Chairperson Breitling, Committee Member Garcia, Citizen Advisory Members Hoss (arrived at 5:14), Ickis, Leach, and Rubio, Public Works Director Yu, Engineering Manager Critchfield, Associate Engineer Swanner, and Operations Manager Smiderle
Absent: Citizen Advisory Member Damrath
2. ORAL COMMUNICATIONS
Gwen Auckloo, Upland, questioned if the small dog park open space was being reduced.
Renee Davis, Upland, stated that she wants to ensure that the picnic tables remain, as they are heavily utilized.
Christine Westman, Claremont, stated that she likes the current setup of the dog park because the small dogs have a lot of area to run and would like to see the grass and trees remain in the park.
Ann Simonson, Upland, stated that she uses the dog park every day and questioned what work has already been approved.
Michael Fowler, Upland, stated that he hoped the dog park plans would not imitate the Rancho Cucamonga dog park and requested that the tables remain in the park.
Brian Taylor, Upland, spoke about the history of the dog park and how it is utilized by senior members of the community. He further questioned the cost of the proposed amenities for the dog park.
3. AGENDA ITEMS
a. BALDY VIEW DOG PARK ADDITIVE BID ITEMS
Public Works Director Yu introduced Associate Engineer Swanner who presented the item along with a PowerPoint presentation.
There was discussion regarding the dog park plans, the additive items, the walking path, and community outreach.
1
Associate Engineer Swanner answered questions from the Committee regarding replacing the Adirondack chairs with other seating options and the cost of those options.
The Public Works Committee directed staff to remove the Adirondack chairs and substitute them with picnic tables and to leave the walking path in the plan.
4. ADJOURNMENT
Chairperson Breitling adjourned the meeting at 5:44 p.m. The next regularly scheduled Public Works Committee meeting is Tuesday, April 9, 2024.
Keri Johnson, City Clerk
2
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PUBLIC WORKS
.,47 COMMITTEE
**AG E N DA**
Monday, March 18, 2024
5:00 p.m.
SPECIAL MEETING
Carnegie Library Building
123 East D Street
Residents may observe the meeting remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
1. CALL TO ORDER AND ROLL CALL
2. ORAL COMMUNICATIONS
Citizens wishing to address the Committee on any matter that is listed or not listed on the agenda may do so at this time. Anyone wishing to address the Committee is requested to submit a speaker card to staff at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes.
Please note that under provisions of the Brown Act the Committee Members cannot respond to, nor take action on, items that are not listed on the agenda.
3. AGENDA ITEMS
a. BALDY VIEW DOG PARK ADDITIVE BID ITEMS
Recommended Action:
The Public Works Committee provide direction to staff regarding the Additive Alternate Bid Items for Project No. 82339, Baldy View Dog Park Improvements.
4. ADJOURNMENT
The next regularly scheduled Public Works Committee meeting is Tuesday, April 9, 2024.
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 March 14, 2024 a true and correct copy of this agenda was posted at 450 N. Euclid Avenue (Upland Public Library), 460 N. Euclid Avenue (Upland City Hall), 123 East D Street (Carnegie Library Building), and the City website at www.uplandca.gov
The full packet for the Public Works Committee
meeting can be viewed on our website at:
https://www . uplandca .gov/city-council-
agendasminutes
You may also view the video of the meeting at:
https://uplandca .gov/council-meeting-
broadcasts
(choose the tab for "other archived meetings"
to locate the meeting video)
4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
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DATE: March 25,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: ESTABLISH AN AD HOC COMMITTEE AND APPOINT MEMBERS RECOMMENDED ACTION:
It is recommended that the City Council establish an ad hoc committee and appoint two members of the Council to the Committee to serve as the Planning Commissioner interview panel.
GOAL STATEMENT
The proposed action supports the City's goal of promoting policies and programs that are in the best interest of the public.
BACKGROUND
In July 2022 the City Council reviewed options presented by the City Attorney regarding implementing an appointment process for Planning Commissioners. Based on the Council's direction, the City Attorney prepared a Resolution revising the policies and procedures relative to the establishment and operation of the Planning Commission. That Resolution was adopted in August 2022.
ISSUES AND ANALYSIS
Commissioners Caldwell and Grahn have terms ending in June 2024. Section 5 of Resolution No. 6704 states that in appointing Planning Commissioners,whenever there is a vacancy on the Planning Commission,the City Council shall form a temporary ad hoc committee which shall consist of the Mayor(or another Councilmember appointed by the Mayor) and the Mayor Pro Tem(or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include,but are not limited to,the Chair of the Planning Commission and the Development Services Director.Once the Planning Commissioner vacancies are filled by the Mayor's appointment and the City Council's ratification,the ad hoc committee shall disband.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA.The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO. 6704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND
AMENDING THE POLICIES AND PROCEDURES RELATIVE TO THE
ESTABLISHMENT AND OPERATION OF COMMISSIONS,
COMMITTEES, BOARDS, AND AUTHORITIES APPOINTED TO
ADVISE THE CITY COUNCIL
Whereas, the use of citizen Commissions, Committees, Boards, and Authorities to advise the City Council on issues of public concern is an efficient and effective means of involving citizens in policy development; and
Whereas, Chapter 2.16 and Section 2.20.030 of the Upland Municipal Code provides that the City Council shall by resolution, establish a process for the screening of individuals desiring to serve as City Commission, Committee, Boards or Authority members; and Whereas, the effective use of these Commissions, Committees, Boards, and Authorities is furthered by clear guidelines governing their creation and operation; and Whereas, the City Council adopted Resolution No. 4331 which established guidelines governing the creation and operation of established Commissions, Committees, Boards and Authorities; and
Whereas, from time to time there is a need to eliminate or amend the established rules governing the operation and creation of Commissions, Committees, Boards, and Authorities, which was the basis for the adoption of Resolution Nos. 5786, 6038, 6270, 6397, 6504, 6539, 6581, 6583, 6608, and 6681; and
Whereas, the City desires to provide a fair and equitable manner by which citizens are appointed to City Commissions, Committees, Boards, and Authorities, which is free of undue influence, but which advances the authority provided by Government Code Section 40605; and
Whereas, the City Council may establish standing committees of the legislative body to provide an opportunity for fact finding prior to consideration by the entire Council; and Whereas, the City Council established the Recreation Committee by Resolution No. 4839 on June 9, 1997, and rescinded previously adopted Resolution Nos. 2600, 3324, 3626, 4212 and 4474 and amended Resolution Nos. 4331 and 5007; and Whereas, the City Council later amended the composition of the Recreation Committee with Resolution No. 5007, dated February 8, 1999, adding two School Board Members to the Committee; and
Whereas, the City Council added the Finance & Economic Development Committee, Police & Fire Committee, and Public Works Committee with Resolution No. 5290, dated December 10, 2001; and
Whereas, the City Council amended the Standing Legislative Committees by Resolution No. 6539 to include Economic Development Committee, Finance Committee, Police & Fire Committee, and Public Works Committee; and
Whereas, the Council amended, by Resolution No. 6581, the Economic Development Committee, Finance Committee and Public Works Committee to include five citizen advisory members; and
Resolution No. 6704
Whereas, the City Council established, by Resolution No. 6583, the Environmental Sustainability Advisory Committee and the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee and dissolved the Traffic Safety Advisory Committee; and Whereas, the City Council amended, by Resolution No. 6608, the Finance Committee Membership to include the City Treasurer without restriction; and Whereas, the City Council amended, by Resolution No. 6681 the process for selection of new Planning Commissioners to fill vacancies; and
Whereas, the City Council now desires to consolidate certain City Commissions, Committees, Boards, and Authorities as further set forth below.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The City Council hereby amends the established guidelines and policies governing Commissions, Committees, Boards and Authorities of the City ("Guidelines and Policies") attached hereto and incorporated herein by reference, including the changes set forth in sections 2, 3, 4, 5, and 6 of this Resolution, and further including by incorporating, by reference, all prior actions taken by the City Council to eliminate or modify Commissions, Committees, Board, and Authorities to the extent they are not inconsistent with the attached Guidelines and Policies.
Section 2. The City Council hereby amends the Guidelines and Policies by dissolving and eliminating the Public Safety Committee.
Section 3. The Council hereby amends the Guidelines and Policies by consolidating the duties of the Community Development Block Grant Committee with the City Council Advisory Committee.
Section 4. The City Council hereby amends the Guidelines and Policies by consolidating the duties of the Environmental Sustainability Advisory Committee and the Street Tree Advisory Committee with the Public Works Committee.
Section 5. The City Council hereby amends the Guidelines and Policies by eliminating certain citizen advisory members from the Economic Development Committee and the Finance Committee.
Section 6. The City Council hereby amends the Guidelines and Policies by reducing the number of members on the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee members to five and changing the meeting frequency to quarterly. In order to reduce the membership to five, each Councilmember shall nominate only one individual to serve on the Committee.
Section 7. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Resolution No. 6704
Section 8. Certification. The City Clerk shall certify the adoption of this Resolution and enter it into the book of original resolutions.
Section 9. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 23rd day of January 2023. 4t6(C
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 23rd day of January, 2023 by the following vote:
AYES: Mayor Velto, Councilmembers Garcia, Breitling, Maust, Zuniga NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
Keri Jens ,-Ci Clerk
GUIDELINES AND POLICIES GOVERNING
COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES.
SECTION 1. CREATION OF COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES The Upland City Council shall have the power from time to time by resolution to create such Commissions, Committees, Boards, and Authorities which are necessary or deemed advisable by the Council to carry out the governmental functions of the City in the manner reflecting the best interest of its citizens. The number of members to each Commission, Committee, Board, and/or Authority shall unless otherwise required by law, correspond to the number of members of the appointing body as authorized by law. Each active member of the Upland City Council shall have an appointee on each Commission, Committee, Board and/or Authority. Each appointee shall be a citizen nominated by the Mayor or Councilmember, respectively, and approved by a majority vote of the City Council and appointed by the Mayor.
SECTION 2. DEFINITION
"Commission" shall be any group established pursuant to the Upland Municipal Code. "Committee" shall be any group of individuals which shall have any ongoing charge from the City Council and which are formed by resolution. "Committee" shall not include Committees composed solely of elected officials. "Board"shall be any group formed pursuant to State law providing for same. "Authority" shall be any group formed pursuant to State law providing for same. "Standing Legislative Committee" shall include committees comprised of elected officials who will review operational concerns prior to official council action.
SECTION 3. APPLICABILITY
The provisions of this resolution shall apply to all Commissions, Committees, Boards, and Authorities hereafter created by resolution of the City Council and to existing Commissions, Committees, Boards, and Authorities as identified on the attachments hereto. The provisions of this resolution shall supersede any minute motion or resolution of any prior City Council of Upland which is in conflict with the provisions of this document. Insofar as possible, the provisions of this resolution shall govern the operation and creation of Commissions, Committees, Boards, and Authorities appointed by the City Council except in those instances where the provisions of this resolution conflict with provisions of State or Federal law.
SECTION 4. APPOINTMENT AND APPLICATION PROCESS
The City Clerk shall maintain a roster of individuals who expressed interest in serving on City Commissions, Committees, Boards, and Authorities, who may be nominated by a serving member of the City Council, and who have completed an application form in a manner established or approved by the City Council. Said application shall indicate among other things, the Commission, Committee, Board, or Authority on which said individual is interested in serving. Any application filed shall be valid for a period of three (3) years. Incumbent Commission, Committee, Board, or Authority members shall submit an application prior to the end of their term if they would like to be considered for reappointment. Members of the City Council shall make appointments from this roster.
SECTION 5. SELECTION AND APPOINTMENT
Members of the City Council requiring representation on a particular Commission, Committee, Board, or Authority shall review the list of applicants and submit a nominee to the City Clerk.
Councilmembers will give consideration to candidates who reside in their respective district.
If a Councilmember cannot find a suitable candidate to nominate from the Councilmember's respective district, the Councilmember may nominate a candidate from a different district at
that Councilmember's discretion. The City Clerk shall place nominations before the City Council for its review and approval as and when necessary.
For selections made by the Mayor and ratified by the City Council, the Mayor shall review the list of applicants and submit a nominee to the City Clerk. The City Clerk shall place the nominations before the City Council for its review and approval as and when necessary.
In appointing Planning Commissioners, whenever there is a vacancy on the Planning Commission, the City Council shall form a temporary ad hoc committee which shall consist of the Mayor (or another Councilmember appointed by the Mayor) and the Mayor Pro Tem (or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include, but are not limited to, the Chair of the Planning Commission (or other Planning Commissioner designated by the Mayor if the Chair is seeking re-appointment) and the Development Services Director. The committee advisors shall have no voting power during the selection process. The ad hoc committee meetings shall not be subject to the Brown Act. However, at the Mayor's discretion, the ad hoc committee meetings where candidate interviews are conducted may voluntarily be conducted open to the public, while the rating and discussion of candidates may be closed to the public. Each City Councilmember may recommend at least one applicant from their District for an interview by the ad hoc committee. Once a Planning Commissioner vacancy is filled by the Mayor's appointment and the City Council's ratification, the ad hoc committee shall disband.
Appointments to standing legislative committees (Economic Development, Finance Committee, and Public Works Committee) are made by the Mayor biannually to coincide with elections and may be reviewed and reassigned annually or as needed. The Public Works Committee, will also include five advisory members, one advisory member appointed by each Councilmember.
SECTION 6. TERMS OF COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES For Council nominated appointments the term of each Commission, Committee, Board, and Authority member shall coincide with the holding of office by the nominating member of the City Council, unless otherwise prescribed by resolution creating the Commission, Committee, Board, or Authority.
For appointments made by the Mayor, the term shall be as outlined in the creation of the Commission, Committee, Board, or Authority.
No Commission, Committee, Board, or Authority member shall serve for more than two (2) consecutive terms on any individual Committee, Commission, Board, or Authority without the approval of the City Council by an affirmative 4/5ths vote.
SECTION 7. REMOVAL FROM COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES Any Committee, Commission, Board, or Authority member may be removed from office during their unexpired term upon vote of the City Council, when in the sole discretion of the Council said removal is deemed appropriate. If the request for removal is from the appointing Councilmember, removal of the appointee will require a majority vote of the Council. Any request for removal from any member of the Council other than the nominating Councilmember will require a 4/5 vote of the Council. Notwithstanding the foregoing, if the appointee's nominating Councilmember is no longer a part of the Upland City Council or Mayor, that appointee shall be deemed to have automatically resigned the seat they hold upon the filling of the City Council vacancy.
SECTION 8. RESIDENCY OF COMMISSION, COMMITTEE, BOARD, AND AUTHORITY
MEMBERS
In order to be appointed to a Commission, Committee, Board, or Authority, a prospective appointee must be a resident of the City of Upland and must remain in residence throughout the term of their appointment, unless a member is appointed by another entity. This provision may be waived upon an affirmative 4/5ths vote of the Council.
SECTION 9. CHAIRPERSON SELECTION
With the exception of the Planning Commission, the Library Board, and the Personnel Board of Review, the member appointed by the Mayor to any Commission, Committee, Board, and/or Authority shall serve as the Chairperson of that body. With regard to the Planning Commission, the Library Board, and the Personnel Board of Review, the members of said bodies shall select, nominate, and appoint by majority consensus, a sitting member of the Body to the position of Chairperson. The term of the Chairperson shall be for 2 years. No Chairperson shall serve for more than two (2) consecutive terms without the approval of the City Council by an affirmative 4/5ths vote.
SECTION 10. POSTING REQUIRED
The City Clerk shall, before December 31st of each year, develop a listing of all scheduled vacancies on City Commissions, Committees, Boards, and/or Authorities expected during the next twelve (12) months. In addition to the requirement of the Government Code, said list shall be posted at City buildings and other locations as may be designated from time to time by City Council resolution, for a period of thirty (30) days and announced at a Council meeting in December. Said listing shall advise interested parties to obtain application forms and related materials at the City Clerk's office. In addition, the City Clerk shall publish said list in the city newsletter seeking applications from interested parties and listing scheduled vacancies during the same thirty (30) day period. Unscheduled vacancies shall be advertised in accordance with the Government Code and posted at the same location as scheduled vacancies.
SECTION 11. DUTIES
The Commissions, Committees, Boards, and Authorities established by the Council shall perform such duties and have such powers as may be established from time to time by the Council.
SECTION 12. ATTENDANCE
In any case where a Commission, Committee, Board, and/or Authority member has missed three (3) regularly scheduled meetings in a twelve (12) month period without notifying the Chair of said Commission, Committee, Board, and/or Authority in advance of said meeting, the City Clerk shall contact the Commission, Committee, Board, and/or Authority member with a request to provide the reasons therefore, which shall be forwarded to the City Council.
SECTION 13. OPEN MEETINGS
All Commission, Committee, Board, and Authority meetings, except those meetings specifically exempted herein, shall be conducted pursuant to the provisions of the Ralph M.
Brown Act and the City Clerk shall maintain a copy of all agendas and minutes of all meetings.
BUILDING APPEALS BOARD
PURPOSE
To determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, National Electric Code, and the Seismic Hazards Reduction Ordinance.
MEMBERSHIP
5 Members Total
Selected from the following classifications:
a. Architect or Engineer
b. Attorney
c. Contractor - Electrical, Mechanical, Plumbing or General
LENGTH OF TERM/FREQUENCY OF MEETINGS
4 Year Term / Meetings are scheduled as needed as appeals are received.
No member may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
SELECTION PROCESS
• The City Clerk causes a request for volunteers to be posted • Using the criteria for membership, the Building Official determines if applicants are qualified and passes all qualified candidates to the City Clerk • Each member of the City Council shall submit their nomination from the list of qualified candidates to the City Clerk for consideration at a Council meeting
CODE REFERENCES
Resolution 4107
Resolution 2725
Ordinance 1882
(effective July 27, 1992)
CITY COUNCIL ADVISORY COMMITTEE
PURPOSE
Review of any matters which may be referred to the Committee from time to time. If so directed, the City Council Advisory Committee will be responsible for performing an analysis and present recommendations to the City Council.
Annually review applications for Community Development Block Grant funds, conduct hearings to determine the most effective use of the grant funds and provide recommendations to the City Council.
MEMBERSHIP
5 Members Total
Nominated by Councilmembers
LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
• No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• Meets quarterly, the first Wednesday of March, June, September, and December • Special meetings held from January through April, on an as needed basis to review Community Development Block Grant Applications.
SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.
CODE REFERENCE
• Ordinance 1812, 10/8/2006
• Ordinance 1428, Section 2, 6/20/88
• Ordinance 1416, Section 1, 12/21/87
• Ordinance 1563, Section 1, 10/26/72
• Council Minutes 7/3/72
LIBRARY BOARD
PURPOSE
The Upland Public Library serves the community by providing materials and staff assistance for meeting the informal and educational needs of the library users.
MEMBERSHIP
5 Citizens at Large
1 Council Liaison (advisory)
1 Friends of the Library Liaison (advisory)
LENGTH OF TERMS/FREQUENCY OF MEETINGS
• 3 Year Term
• Meetings held the second Wednesday of the month, except the month of August. • No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
SELECTION PROCESS
Mayor shall appoint with Council ratification
CODE REFERENCES
• Council Minutes 3/14/89
UMC Section 2.28.010
California Library laws, Education Code 1990
Ordinance No. 99
PARKS, ARTS, RECREATION, AND COMMUNITY SERVICES (PARCS) ADVISORY COMMITTEE
PURPOSE
This Committee shall act in an advisory capacity in matters pertaining to parklands, trails, recreational programs, youth and senior services, cultural arts programs, and special events throughout the City.
MEMBERSHIP
5 Members Total
Nominated by Councilmembers (one senior liaison member and one youth liaison member to be designated annually by the committee)
LENGTH OF TERM
• 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
• No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
MEETINGS
Meetings held the first Tuesday of February, May, August, and November.
SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.
CODE REFERENCE
• Resolution No. 6583
• Council Minutes 4/26/21
PERSONNEL BOARD OF REVIEW
PURPOSE
The functions of the board shall be to hear appeals as provided by this part and by rule, except matters pertaining to the meet and confer process.
MEMBERSHIP
3 Members Total
1 Alternate Member
LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 Year Term
• No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• On call by the Human Resources Manager
SELECTION PROCESS
• 1 member - Council appointment shall be made by the Mayor, with Council ratification
• 1 member - Employee Associations submits name(s) and Council selects appointment
• 1 member agreed upon by Council and Employee Associations • 1 alternate member agreed upon by Council and Employee Associations
CODE REFERENCE
UMC Section 2.36.160
Ordinance 1566
Ordinance 1494
Minute Action 5/31/1945
PLANNING COMMISSION
PURPOSE
The powers and duties of the Planning Commission shall be to:
1. Prepare, periodically review, and revise, as necessary the General Plan
2. Annually review the Capital Improvement Program of the City and the local public works projects of other local agencies for their consistency with the General Plan
3. Perform other functions as the City Council provides
4. Perform such other land use-related functions pursuant to State laws pertaining to conservation, planning, and zoning as the council may direct or provide
5. Serve as the Airport Land Use Committee, applying the procedures and findings set forth in the Municipal Code in regards to all processes relating to a request for an implementation/land use compatibility decision, preparation, adoption and amendment to the Comprehensive Airport Land Use Plan of the City of Upland conforming to requirements set forth in Public Utilities Section 21670.1
6. Serve as the Historic Preservation Committee as outlined in the Upland Municipal Code
MEMBERSHIP
7 Members Total
Airport Land Use Committee consists of:
7 Planning Commissioners
2 ALUC members (possess expertise in aviation)
LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 year terms
• No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• Once a month, 4th Wednesday
• Commissioners receive $100 compensation per meeting (not to exceed $200 per month)
SELECTION PROCESS
• The City Clerk causes a request for volunteers to be posted • Mayor (or Mayor designee) and Mayor Pro Tern (or Mayor designee) shall comprise an ad hoc committee and shall interview applicants. The ad hoc committee may call upon advisors such as, but not limited to, the Planning Commission Chair (or designee selected by the Mayor if the Chair is seeking re-appointment) and the Development Services Director.
• The ad hoc committee shall recommend at least one candidate per opening to the Mayor for ratification by the City Council.
• Once a candidate is appointed by the Mayor and ratified by the City Council, the ad hoc committee shall disband.
• Airport Land Use Commissioners - Mayor shall appoint with Council ratification.
CODE REFERENCE
UMC Chapter 17.43.030 Resolution 4697
Resolution No. 6681 Ordinance 1202
Resolution 6397 Ordinance 415
Resolution 6270
ECONOMIC DEVELOPMENT COMMITTEE
PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in economic development operations prior to consideration by the entire Council.
MEMBERSHIP
2 City Council Members
1 Upland Chamber Member - advisory member only
LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
• Meets quarterly, the first Monday of March, June, September, and December
SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.
The Chamber of Commerce shall submit their nomination to the City Clerk for ratification at a Council meeting.
CODE REFERENCE
UMC Section 2.16.010
Ordinance No. 1913
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 5290
Upland City Council Minutes, 12/01/2001
PUBLIC WORKS COMMITTEE
PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in Public Works operations prior to consideration by the entire Council.
This Committee shall act in an advisory capacity on issues pertaining to environmental impacts, sustainability practices, and legislative mandates that impact the environmental health and the well-being of the City of Upland and its residents. The Committee will collaborate on environmental matters to promote environmental sustainability within the community. The Committee will make recommendations in regard to community clean-ups, beautification campaigns, Earth Day events, public outreach, and education on issues including recycling, storm water pollution, water conservation and sustainability practices.
The Citizen Advisory Members of this Committee shall study and review the proposed Urban Forestry Management Plan and make appropriate recommendation to Council and staff regarding the matters contained therein; to provide an avenue for citizens to appeal special circumstantial tree problems (i.e., tree removals, street tree designations, spraying for fruit insects); and shall review tree removal and other policies, as well as handle any and all citizen appeals regarding tree matters under Upland Municipal Code Chapter 12.26. Said appeals shall be heard by the citizen members of the Committee only (i.e., not the serving City Council members, who shall take no part in such appeals).
MEMBERSHIP
2 City Council Members
5 Citizens - advisory members
LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
• Meets quarterly, the 2nd Tuesday of January, April, July, and October
SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.
Citizens at Large - Each member of the City Council shall submit their nomination to the City Clerk for ratification at a Council meeting.
CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6583
Resolution No. 6581
Resolution No. 5290
Upland City Council Minutes, 12/01/2001
FINANCE COMMITTEE
PURPOSE
The Committee shall be responsible for reviewing matters pertaining to the finances of the City. This may include reviewing warrants and registers, financial statements, investment reports, the City's annual independent audit, City fees and service charges, and operating budgets
MEMBERSHIP
2 City Council Members
City Treasurer
Finance Officer - advisory only (staff)
LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor with the exception of the Finance Officer • Meets quarterly, the 4th Wednesday of January, April, July, and October
SELECTION PROCESS
The City Treasurer is an established elected position and shall review and provide input on the quarterly investment reports.
Council Members on all Standing Legislative Committees are appointed by the Mayor.
CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6608
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 6394 (Investment Policy)