�� �pl"� CITY
UPLAND
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"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: May 28,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
RICHARD JEGANATHAN,INFORMATION TECHNOLOGY MANAGER
SUBJECT: CONSIDER APPROVING UPGRADE/REHOSTING OF POLICE CAD AND RMS SERVERS RECOMMENDED ACTION:
It is recommended that the City Council approve the upgrade/rehosting of Police CAD and RMS Servers; and authorize the City Manager to execute the Central Square price quote and approve a purchase order.
GOAL STATEMENT
The proposed action supports the City's goal of providing efficient and effective police services to the citizens of Upland.
BACKGROUND
Currently our applications are hosted on a Windows Server which has reached end of life. This means that Microsoft will no longer provide critical security updates,non-security updates,bug fixes,or technical support for this operating system. Continuing to use a version of Windows Server which has reached end of life poses significant security and compliance risks to our Police department's IT infrastructure.
ISSUES AND ANALYSIS
As part of the City's ongoing efforts to maintain an up-to-date and secure IT environment,upgrading our Windows Server operating system to Windows Server 2022 and upgrading our CAD and RMS Applications to the latest version is recommended.
Central Square is the manufacturer of CAD and RMS products that Upland uses. Central Square has mandated that those applications be placed on servers that meet their specifications. As a result,this will be a sole source purchase.
In addition,section 11.2 of the City's purchasing policy calls for an exception to the bid process for computer software.
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 are sufficient funds budgeted in the FY 2023-24 budget to cover the purchase order amount of$102,570.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project
C E N T R A L S Q U A R E Quote prepared on:
March 27, 2024
Quote prepared by:
Christian Pekarek
[email protected]
Quote#: Q-172731 Quote prepared for:
Primary Quoted Solution: PSJ Enterprise Richard Jeganathan Quote expires on: September 23, 2024 Upland Police Department 1499 W 13th Street
Upland, CA 91786
(909)931-4312
Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare.com .
WHAT SERVICES ARE INCLUDED?
DESCRIPTION TOTAL
1. Public Safety GIS/Analytics Services-Fixed Fee 6,240.00
2. Public Safety Project Management Services-Fixed Fee 17,355.00
3. Public Safety Technical Services- Fixed Fee 78,975.00 Services Total 102,570.00 USD
QUOTE SUMMARY
Services Subtotal
102,570.00 USD
Quote Subtotal 102,570.00 USD
MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:
• C E N T R A L S Q U A R E
March 27, 2024
Quote prepared by:
Christian Pekarek
[email protected]
Quote Total 102,570.00 USD
WHAT ARE THE RECURRING FEES?
TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
FIRST YEAR SUBSCRIPTION TOTAL 0.00
FIRST YEAR RECURRING SERVICES TOTAL 0.00
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance.
This Quote is not intended to constitute a binding agreement.The terms herein shall only be effective once incorporated into a definitive written agreement with CentralSquare Technologies(including its subsidiaries)containing other customary commercial terms and signed by authorized representatives of both parties.
BILLING INFORMATION
Fees will be payable within 30 days of invoicing.
Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.
The actual price may include as many as five decimal places. For example,an actual price of$21.37656 will be shown as a Unit Price of$21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.
Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies)governing the"Ship To" location provided by Customer on the Quote Form.
MORE INFORMATION AT CENTRALSQUARE.COM
C E N T R A L S Q U A R E Quote prepared on:
March 27, 2024
Quote prepared by:
Christian Pekarek
[email protected]
PURCHASE ORDER INFORMATION
Is a Purchase Order(PO)required for the purchase or payment of the products on this Quote Form?(Customer to complete) Yes [ ] No [ ]
Customer's purchase order terms will be governed by the parties'existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.
PO Number:
Initials:
MORE INFORMATION AT CENTRALSQUARE.COM
SUMMARY OF SERVICE r•; CENTRALSQUARE
Upland Police, CA: Enterprise: Rehost(CAD to Server\SQL 2022, records to Server\SQL 2022) The parties mutually agree and acknowledge this Summary of Services is a high-level overview of the project requested, not detailed requirements or designs of solution.
Project Scheduling
Parties agree a schedule will be provided for services within sixty days from the execution of the applicable quote.
Change Requests
The parties may request a change to this summary of services,to increase hours or deliverables, through a written request to the CentralSquare project manager or resource.
Professional Services
Throughout the course of the project, CentralSquare will use several types of services(defined herein)to complete the necessary steps for successful deployment of the contracted services.The overall services aligned to implementation include Project Management, Consulting Services,Technical Services, Data Conversion Services,Training Services, and in some cases, Installation Services.
CentralSquare is not responsible for coordination, management, or covering the cost of any software, work, customization, coding or testing that is required to be performed by any third-party vendors engaged in the context of standard or custom interfaces, unless the work is defined under a Sub-Agreement with CentralSquare within the scope of this Agreement.
Business Hours
All project services will be performed during normal business hours, defined as 8:00-5:00 PM Eastern Time.
If Client desires to perform the services outside of these hours, additional fees will apply.
CentralSquare Connectivity to On-Premises Systems
The BeyondTrust/Bomgar and/or SecureLink remote support solutions shall be the method of remote access to on- premises customer systems and/or data.These solutions meet all requirements as contained in Section 5.5.6 of the FBI CJIS Security Policy(Remote Access). Use of either of these solutions enables customer agencies to remain CJIS compliant for purposes of FBI and/or state regulatory agency audits.
In addition to the above,the PSJ ProSuite application utilizes SSH connectivity to maintain a persistent connection to the appliance/s.The 911 application utilizes Kaseya for application and/or support needs.These solutions are only utilized for these specific applications in addition to Bomgar and/or SecureLink.
Services Scope of Project
The project includes the following scope of services.
The overall goal of the project will be to rehost the following Servers from their current Operating Systems and SQL Server Versions to the latest supported Operating Systems and SQL Server versions per product.This involves standing up the new servers side by side with the old servers, installing and configuring the applications and migrating configuration and data at the Go Live:
NOTE: This engagement will migrate CADlMobile to Windows Server 2022 and SQL Server 2019 with a second hop.
Records will migrate to Windows Server 2022 and SQL Server 2022.
Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM
SUMMARY OF SERVICES W/
Server Name Function Environment Notes
2 I Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM
SUMMARY OF SERVICES
Project Initiation and Planning(Project Manager, Installation Engineer,Systems Engineer):
• Resource allocation and initial project plan (Project Manager) • Kick Off(Project Manager, Installation Engineer,Systems Engineer) CentralSquare will host a planning meeting between the Technical Services staff and the Client's subject matter experts (IT staff, Operations staff and/or Client Project Manager).
CentralSquare to advise Client on any required upgrades or updates to CentralSquare products to meet requirements for new Operating Systems and SQL Server versions.Any pre-rehost upgrades to be scheduled with Customer Support.
• ISR Process (Installation Engineer)
CentralSquare Technical Services Engineer will provide an ISR (Installation Services Request) server sizing spreadsheet for completion by the Client.
Client to provision hardware\virtual infrastructure and virtual machines per specifications.
Client to complete and return server sizing spreadsheet with details of new servers.
Client to confirm remote access to servers for CentralSquare staff. • Interface review(Systems Engineer)
CentralSquare System Engineer(Interfaces)to connect to the system, review (CAD/RMS) Interfaces and advise Installation Engineer of Go Live procedures.
• Project Scope Process (Installation Engineer)
CentralSquare Installation Engineer to develop and present detailed Project Scope document for Project Manager and Client review.The Project Scope document will contain detailed steps on a server-by-server basis for installation and Go Live.
• Documentation (Installation Engineer)
CentralSquare Installation Engineer to document all new server, operating system, SQL server, interface, product version and layout details in all applicable documentation including Salesforce and secure Client Connection Notes in preparation for Go Live.
Server Preparation (Installation Engineer):
• CentralSquare Installation Engineer will connect to the new servers,validate their configuration, and install pre- requisites as needed.
Software Installation on Staging Servers (Installation Engineer,GIS Engineer,Systems Engineers):
3 I Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM
SUMMARY OF SERVICES
• CentralSquare Installation Engineer to install SQL Server on new servers which require SQL Server. • CentralSquare Installation Engineer to install, configure and test all CentralSquare software on Staging servers. • CentralSquare Installation Engineer to advise on scale out of any servers or services. • CentralSquare Installation Engineer will install interfaces on Staging servers and Systems Engineers to assist with the migration of configurations of each Interface.Testing will be coordinated for each interface to confirm that the install and configuration was successful.
• CentralSquare GIS Engineer to rehost Production GISLink • CentralSquare GIS Engineer to configure/rehost Test GISLink. • CentralSquare GIS Engineer to assist with Routing Server rehosts. • CentralSquare GIS Engineer to configure Redundant Routing. • Client to test the new systems for performance and reliability.This is generally a two-week window for Client testing.
Go Live Preparation (Installation Engineer):
• CentralSquare and client to confirm Go Live schedule, resources, and procedures.
Go Live (Installation Engineer,Systems Engineers):
• CentralSquare and Client to perform tasks as detailed in the Project Scope for Go Live on a server-by-server basis. New servers are to be brought online into production with old servers being retired.The process usually involves a rename and re-IP of the new servers to match old server names and IP addresses at Go Live to avoid client and reporting reconfiguration.
• CentralSquare Systems Engineers will be on Standby to assist as Interfaces are brought into production use. • CentralSquare will migrate databases to the new SQL Instances as part of this operation. CentralSquare will migrate configuration and Interfaces as part of this operation. • CentralSquare to configure refresh for Test\Training environments.
Follow up and Documentation (Installation Engineer):
• CentralSquare staff troubleshoot all post Go Live issues and escalate issues as needed. • CentralSquare Installation Engineer to confirm CentralSquare Salesforce and Client Connection documentation.
Second Hop Upgrade, ISR,Server Prep, Install and Go Live (Installation Engineer) • For CAD Installations which involve a large jump in OS and SQL versions there may need to be additional scope to rehost to an intermediary OS and SQL level,then upgrade CAD, before following on with a second rehost. 4 I Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM
SUMMARY OF SERVICES
• In this scenario, due to the current version level of the CAD Application and Operating System and SQL Server combination it is necessary to perform the rehost operation for Production CAD twice to reach the desired CAD version, Operating System, and SQL Server combination.This involves staging duplicate servers for CAD Production and performing the CAD Production staging, rehost and data transfer twice.This results in additional scope.
Project Closure:
• Client to sign Project Completion TCR (Task Completion Report) 5 I Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM
SUMMARY OF SERVICES
Assumptions and Client Responsibilities
• Services are offered for delivery during normal business hours unless specifically documented elsewhere in this Scope of Services.To ensure the success of every project and availability of support resources from Central Square and various third-party vendors, which vary from site to site, certain limitations are imposed, and a specific definition of business hours is defined. Services outside of normal business hours shall be scheduled between the hours of 5pm EST Monday and be completed no later than 5pm EST Thursday and incur additional costs. Delivery of all services will be scheduled to avoid all client, Central Square and/or nationally recognized holidays.
• Client to supply hardware,virtualization software, Operating System licensing, SQL Server licensing and licensing of any other third-party hardware or software not specifically listed in the quote or Services Scope. • During the ISR process CentralSquare to advise client on any recommended scale-out of servers, applications, interfaces, or services. If the scale out includes additional licensed items, additional scope may be required. • Client to install hardware, create virtual machines and install Operating Systems unless specified as a CentralSquare or partner responsibility in the quote or Services Scope. • Client will maintain remote connectivity to the site through CentralSquare's remote connectivity solution. • CentralSquare staff will be permitted console access to all servers. • CentralSquare staff will be permitted SQL administrator access to all database instances. • Client will adhere to minimum specifications and disk space recommendations and guidelines as documented in the System Planning Guide and the client-specific specifications documented by the CentralSquare project team as a project artefact.
• Client to ensure any client-installed third-party software (for example utilities for backups, antivirus) are certified to operate on the new operating system.
• The client will be responsible for any physical connections to the servers such as serial interface connections. • Client to run all Windows Critical and Important Updates on all new servers. • Client to add all servers to the Client's domain and ensure the CentralSquare Console account has local administrative rights on all servers.
• During the staging process no new builds or configuration changes are recommended in any environment to be rehosted. If necessary, changes are to be coordinated through the Project Manager as well as Client Support.
Some changes may require a Change Order to the project. • Active Directory,Jump Servers and Hypervisor servers are not included in this scope unless explicitly contracted for. It is expected that these will be migrated or replaced by the Client. • Product upgrades may be required to move to the latest supported Operating System and SQL Server versions.
For older versions of software on 32-bit operating systems, or for certain version upgrades there is the potential for multiple rehost and upgrade operations to migrate to the latest supported Operating System and SQL Version.
• In some cases, SQL Server versions must match between certain server groups—example of these being SQL Replication partners, SQL Server versions per product across installed instances (i.e., Production and Test must match for refresh purposes), SQL Server versions for integrated products within a product line (i.e., Enterprise Classic and Enterprise Web RMS), SQL Cluster nodes\Availability Groups. • for Disaster Recovery SQL Server protected systems,the SQL Server version of Production must match the SQL Server version of the DR site.
6 I Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM
trpl" CITY FUPLAND
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: May 28,2024
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 ADMINISTRATIVE UPDATES TO THE ATHLETIC
FACILITIES POLICY AND PROCEDURES
RECOMMENDED ACTION:
It is recommended that the City Council approve general administrative updates to the Athletic Facilities Policy and Procedures.
GOAL STATEMENT
The proposed action supports the City's goal of working with outside organizations wishing to utilize City parks for programs or events.
BACKGROUND
In August 2000,the City Council approved the Park and Sports Field Usage Policy as recommended by the Recreation Advisory Committee. The policy established guidelines for scheduling the City's sports fields based on residence and types of use. Since the policy was approved,the demand for sports fields increased significantly.
After various meetings to receive community input and feedback,on April 9,2013 the revised Sports Field Handbook was presented to the Public Works Committee and a recommendation was made to present it to the City Council. On April 23,2013,the City Council approved the handbook and policies with Resolution 6170.
On June 11, 2018, the City Council approved a Revised Sports Field Usage Policy, with fees proposed for youth leagues(at rates of 10%of the Non-Upland travel ball or tournament teams'rate)and a Lights Use Fee assessed.
After making additions and modifications including sections defining user groups, application and allocation procedures and user fees, on March 27,2023,the City Council approved proposed changes to the Athletic Facilities Policy and Procedures Manual and adopted a Resolution amending the master fee schedule to establish an additional user group category for the use of athletic facilities.
On February 26,2024,City Council approved additional modifications to the Athletic Facilities Policy and Procedures to include a section on Maintenance/Repair and Special Project Permit Requests.
ISSUES AND ANALYSIS
As attention to park and recreation facilities increases, staff continues to establish structure to athletic facility allocations and rentals. The proposed edits are administrative in nature in an effort to strengthen policies and procedures.
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
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,____
City of Upland
Recreation and Community Services
651 W. 15th Street
Upland, CA 91786
(909) 931-4280
Effective July 2023
TABLE OF CONTENTS:
Purpose of Policy 2
Definitions 2
Priority Group Classifications 3
Group 2 Criteria 4
Group 2 Paperwork Required 5
League Allocation Period 6
Group 3 &4 Paperwork Required .6
Application Process 6
Athletic Facilities Allocation Process 7
Tournaments ..7
Athletic Facilities Usage Agreement 8
Groups 3 & 4 Sports Field Deposit .8
User Groups Fee Schedule 8
Payment .9
Changes And Cancelations 9
Effective Use of Fields And Accountability .10 Field Lights 10
Indemnity And Insurance Requirements 10
Special Event Permits 11
Athletic Field Lining/Marking ..11
Maintenance/Repair and Special Project Request Forms 11 Three Strikes Policy 12
Field Closures 13
Reservable Facilities 13
APPENDIX:
APPENDIX A, Athletic Facilities Use Rules &Regulations
APPENDIX B, Application Check List
APPENDIX C, User Group/Organization Fact Sheet
APPENDIX D, Athletic Facilities Use Request Form
APPENDIX E, External Maintenance/Repair Proposals Form
APPENDIX F, Special Project Permit Process & Application
PURPOSE OF POLICY:
The City of Upland has experienced tremendous growth in sports, including new athletic organizations and emerging sports. This growth is anticipated to continue. The increased demand for the use of City amenities makes it necessary to establish an equitable and fair method for allocating field use among present and future sports organizations. The policy set forth in this handbook will outline the allocation and rental policies for the permitted use of sports fields in the City.
This policy has been established to ensure that the fields are used for recreational, educational, and community service functions that meet the needs of the community,as well as to set clear policies, procedures, regulations, and rental rates for such uses. Furthermore, to ensure that the needs of community-based organizations and groups are being met, the criteria for establishing priorities for field use and the permitting process are outlined in this manual.
DEFINITIONS:
Oranization/User Group: An organized entity or group that has been established to provide recreation or competitive sports programs, activities, practices or games for youth and/or adult participants.
UYNP: Upland-based Resident Youth Non-Profit Organization.
Lea_ue: A youth non profit organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket.
New User: This is an organization which has not requested field use and/or been permitted fields in the twelve-month period preceding its submission of an Athletic Facility Use Request Form.
New users must adhere to the deadlines established herein in order to be eligible for field allocations. An organization, which changes its name but otherwise remains the same, shall not be considered a"new user." Splinter, spin-off or subsidiary organizations will be considered"new users" if they have less than fifty percent of the original organization's participants.
A current organization that merges with another current organization shall not be considered a "new user,"provided the presidents of both merging organizations sign the allocation request form for the season in which the allocation is to take effect. New divisions of current organizations must indicate such on their Athletic Facility Use Request Form. Upland Recreation and Community Services staff will dictate the maximum amount of teams or participants for all new users. Organizations Leagues anticipating a split to form a new organizationleague or individuals planning to organize a new sports program, must notify the City six (6) months prior to the estimated starting date. This will provide the time necessary to study the impact of a new program on existing fields.
Primary User: This is an Upland Recreation and Community Services qualified Group 1 or City of Upland Athletic Facilities Policy&Procedures Manual Page 2
2.A/2.B organization and as such, has first priority for field use during the season in which they are classified as a primary user.
Secondary User: This is an Upland Recreation and Community Services qualified Group 3 & 4 organization. A Group 2.A/2.B user may also be considered a secondary user if they are requesting field space in a season other than that in which they are designated as a primary user for the season.
An organization may be deemed as a secondary user if it is allocated field space on a field that is not specific to their sport (example: baseball activity on a softball field). A secondary user may obtain field use allocations only if: a)a field is not used by a primary user; and,b)all primary users have received all field time requested and there is unused field time not allocated to primary users.
Resident: In determining 75%residency, any participant that lives in Upland, or attends a school in Upland, will be considered an Upland resident for priority status evaluation and allocation of athletic facilities. For the purpose of this document, "resident" shall be defined as an individual living within the incorporated boundaries of the City of Upland or who attends a school in the City of Upland. UYNP groups must have 75%or more of the participants living within the incorporated area of the City of Upland or attending school in Upland to receive priority field consideration and a discounted rate for applicable fees.
Non-Resident: For the purpose of this document,"non-resident"shall be defined as any individual living outside the incorporated boundaries of the City of Upland. Non-resident groups having less than 75% of the participants per team living within the incorporated area of the City of Upland shall be classified as"non-resident". An organization or company located outside the incorporated boundaries of the City of Upland shall be classified as "non-resident". Participants unable to furnish proof of residency shall be classified as "non-resident".
Participant: In a youth-Organizationleague, "participant" shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league,Organization"participant" shall include only those players eighteen(18)years of age or older.
Recreational beatwcOrjianization: Ira recreational le-agtueorganization, rules require that everyone must play. Registration is open to everyone.
Competitive LeagueOrjianization: Ira competitive reorganization,there is no minimum play rule, and they have a selective registration process.
Field: Any open or enclosed space located at a park that may be utilized for athletic purposes.
Code of Conduct: Approved classification Group 2.A/2.B organizations must file a City approved Code of Conduct for participants, parents, and coaches with the Upland Recreation and Community Services, as part of their permit requirements and application process. The Code of Conduct will outline the principles of sportsmanship, fair play and other ethical issues that relate to team sports.
City of Upland Athletic Facilities Policy&Procedures Manual Page 3
PRIORITY GROUP CLASSIFICATIONS:
Priority use of fields will be allocated as follows:
GROUP 1:
• City-sponsored or co-sponsored events.
• Upland Unified School District.
• Organizations having a current Joint-Use Agreement with the City.
GROUP 2.A:
• Non-profit youth organizations comprised of at least 75% overall Upland residents conducting activities open to the general public and offered to all youth in the community (recreational leaguesorganizations).
• Organization must submit team rosters to verify GROUP 2.A eligibility and meet other criteria outlined in this policy prior to scheduled use.
GROUP 2.B:
• Non-profit youth organizations comprised of at least 75% overall Upland residents conducting activities open to the general public and offered to all youth in the community (recreational leaguesorganizations).
• Does not charge participants ANY fees to play in their leagueorganization. • Organization must submit team rosters to verify GROUP 2.B eligibility and meet other criteria outlined in this policy prior to scheduled use.
GROUP 3:
• Upland based non-profit youth organizations comprised of less than 75% but at least 1% overall Upland residents holding activities not offered to all youth in the community with closed or invitation only sign-ups,who accept participants on their ability to play. • Priority scheduling will be based on actual percentage of Upland residents playing in I leagueorganization. Must provide proof of residency(Example: utility bill) and complete team rosters including participant's name, address, city, zip code and phone number.
GROUP 4:
• Private reservations, for-profit reservations, and non-residential organizations. Priority scheduling may be based on timely submission of documents, residency, youth or adult programming, and/or longevity.
GROUP 2 CRITERIA:
To qualify as an Upland Youth Non-Profit Organization (UYNP) - Group 2:
• Organization must have a Charter.
• Organization must have a Board of Directors.
• Organization must have a current Determination Letter of Exempt Status, U.S. Treasury City of Upland Athletic Facilities Policy&Procedures Manual Page 4
501c3 or certify affiliation with a national non-profit organization. • Organization must have an active Determination Letter of Exempt Status, State Franchise Tax Board.
• Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.
• Organization must operatecoordinate league within City limits, schedule games based on registration for play in Upland, and maintain a 75% overall residency of participants. • Registration must be open to any Upland resident and not based on skill level. Every player must play.
• Organization must submit game schedules prior to the start of season. • Organization must be managed by volunteers.
• Organization must uphold parents, coaches and participants to an approved "Code of Conduct,"as initiated in their Bylaws and rules and regulations. NOTE: Failure to submit and uphold all members of an organization to an approved"Code of Conduct" may result in an organization's forfeiture of all field allocations. • Organization must conduct all sport related activity on issued field space and within time allocated based on permits.
• Rosters with proof of residency may be required and subject to request of Upland Recreation and Community Services.*
GROUP 2 PAPERWORK REQUIRED:
A complete UYNP Athletic Facility Use Request Form and filing packet, consisting of:
• User Group/Organization Fact Sheet
• Articles of Incorporation and/or Bylaws
• Valid Certificate of Insurance and Endorsements
• Valid Determination Letter of Exempt Status, U.S. Treasury • Valid Determination Letter of Exempt Status, State Franchise Tax Board • Signed Athletic Facilities Usage Agreement
• Sample Code of Conduct
• Master Calendar of Events (Ex: Opening Day Ceremonies, Tournaments, etc.) An Athletic Facility Use Request Form and required paperwork must be received on or before December 15 for spring/summer sports and by July 15 for fall/winter sports. Final rosters and master schedule must be submitted by January 15 for spring/summer sports and by August 15 for fall/winter sports. It is the responsibility of the UYNP to provide accurate dates, including holidays.
*Upon Request complete team rosters including participant's name, address, city, zip code, and phone number may be required. Included with the rosters should be a utility bill for each individual participant. Examples: gas, electric, phone, cable, and/or water bill. Not accepted: school I.D., driver's licenses or birth certificates. The City of Upland reserves the right to audit or verify any information submitted on rosters at any time to verify participation or residency. Incomplete City of Upland Athletic Facilities Policy&Procedures Manual Page 5
rosters or rosters with less than the age division or minimum player rule per team will not be accepted.
Failure to submit the above-mentioned information by the specified deadlines may result in loss of priority status and possible loss of some or all requested fields.
GROUP 3 & 4 PAPERWORK REQUIRED:
A complete Athletic Facility Use Request Form and filing packet, consisting and a of • Valid Certificate of Insurance and Endorsements
Athletic FacilitiesFields available on a first come basis, based on availability after all Group 2.A and 2.B organizations has have been allocated.
Occasional or one time only user requests must be submitted on appropriate forms seven (7) days prior to requested facility use date. Late notice requests may be accepted and approved based on availability and processing of documents.
January 1' July 31'-
UYNP Baseball and Softball Organizations
UYNP Soccer Organizations
UYNP Football Organizations
FALL/WINTER:
August 1" December 31'-
UYNP Baseball and Softball Organizations
UYNP Soccer Organizations
APPLICATION PROCESS:
The allocation process begins with the annual aAthletic fFacility aAllocation mMeeting- tTypically held in November and May, this is where current primary users discuss policies, procedures, residency requirements, field application, permits, rentals, list of required documents and other pre-requisites for the spring/summer season. Organizations who do not send a representative may lose their priority rating for scheduled use of facilities. One on one meetings between the Recreation Coordinator and Organizations will be scheduled during the third week in July this is where current primary users discuss policies,procedures,residency requirements, field application,permits, rentals, list of required documents and other pre-requisites for the fall/winter City of Upland Athletic Facilities Policy&Procedures Manual Page 6
season.
Athletic Facility Use Request Forms to reserve the use of athletic fields are made through the Upland Recreation and Community Services. Priority will be given to qualified groups submitting an application prior to the deadline. Applications must be submitted a minimum of thirty (30) days prior to intended use.
All applications are subject to review by the Upland Recreation and Community Services Division and may be rejected based on date submitted, field availability and/or outstanding balance due on account.
Upon approval, applicant is financially responsible for any charges/fees applicable for use of facility. Fees must be paid in full a minimum of thirty (30) days prior to field rental date. User group may adjust permit to increase usage but are not permitted to reduce use.
Upland Recreation and Community Services reserves the right to cancel Athletic Facility Use Permits without notice due to unforeseen circumstances and/or renovation schedules.
Each UYNP organization filing an Athletic Facility Use Request Form will be required to submit all documentation to Upland Recreation and Community Services no later than thirty (30) days prior to start of season. Failure to submit the required documentation by the specified deadlines may result in the following penalties: 1. New users may be denied all use for the upcoming allocation period. 2. Returning users may not receive some or any fields requested.
ATHLETIC FACILITIES ALLOCATION PROCESS:
Allocations will not be finalized until all required documentation has been submitted. • Permits are created based on the following criteria: season, sport, number of teams per I organization, group classification, age division and league organization seniority. • User group meetings are scheduled to review allocated field space with all assigned users on each field to resolve any schedule conflicts.
• Permits and user agreements are emailed to the User Group. • Permits will not be issued by the Upland Recreation and Community Services until all conditions are met and all necessary documentation has been completed and received by the Upland Recreation and Community Services.
• The City has the final say in which field(s) an organization is assigned. Priority does not guarantee that your organization will receive all the fields or times requested. Every attempt will be made to meet schedule requests. However,youth organizations should not assume field availability for new/or expanding programs. • All conflicts will be resolved according to priority of usage.
TOURNAMENTS:
• All UYNP, resident, and non-resident youth organizations conducting tournaments must City of Upland Athletic Facilities Policy&Procedures Manual Page 7
pay applicable fees determined by the City of Upland's User Fee Schedule. • Any UYNP conducting non-league organization or charter-sanctioned games, practices, tournaments, or sport related activities must pay applicable fees determined by the City of Upland's User Fee Schedule.
• The User Group is responsible for cleaning facility following the event. Under the permit, the User Group assumes financial responsibility for any damages, and/or field repairs due to the misuse associated with the use of facilities.
ATHLETIC FACILITIES USAGE AGREEMENT:
All Group Users will be required to sign an Athletic Facilities Usage Agreement annually. The Agreement spells out specific usage requirements including, insurance requirements,maintenance responsibilities, and City contact information.
ATHLETIC FACILITY DEPOSIT:
All Competitive Sports Leagues Organizations will be required to pay a $500 refundable deposit by credit card beginning July 1. Provided there is no violation of the Athletic Facility Policy & Procedures Manual, rental hours are not exceeded, excessive cleaning is required, or damage to the facility, deposits made by cash or check will be mailed to the responsible person within 4 to 6 weeks after the completion of use of City fields. Deposits made by credit card will be refunded by June 30 or within 1 week after the completion of use of City fields.
USER GROUPS FEE SCHEDULE:
The City charges fees to offset public expenses to operate, maintain, supervise and administer the use of park and athletic facilities. Fees for use of athletic facilities shall be in accordance with current Schedule of Fees, set by resolution and approved by City Council. The Group 2 User fees shall be a set percentage of the fees applied to non-Upland resident teams. Proof of Upland Residency will be in accordance to terms set in the Field Use Agreement signed by the non-profit organization and the City of Upland.
Groups 3 &4 Users will be charged fees to offset public expenses to operate,maintain, supervise, and administer the use of park and athletic facilities. Fees for use of athletic facilities and lights shall be in accordance with current Schedule of Fees, set by resolution and approved by City Council. All fees are subject to change.
Group 2.A/2.B Sports Field Fees—Per Hour : 75% Upland Resident Teams Group 2.A Users will pay$3 per hour for use of fields.
Group 2.B Users will not pay for hourly field use but will pay for hourly light usage as applicable.
Group 2 Sports Field Light Fees—Per Field/Per Hour
Softball & Little LcagucBaseball Fields $4.00
Cabrillo Soccer Complex—North $2.75
City of Upland Athletic Facilities Policy&Procedures Manual Page 8
Cabrillo Soccer Complex— South $5.00
Groups 3 & 4 Sports Field Fees—Per Hour/Per Field:
Youth Group Field Use $15
Adult Group Field Use $30
Groups 3 & 4 Sports Field Light Fees—Per Hour/Per Field:
Cabrillo Park Soccer Complex $25
Memorial Park Baseball Fields $20
Softball and T itt'e T eagueBaseball Fields $20 Premier Baseball and Softball Fields $100
Other Fees:
Maintenance Fee (Per Field) $15 per hour
Maintenance Worker $65 per hour
Park Monitor $45 per hour
Key Deposit(Refundable) $100
Competitive League Organization Sports FieldAthletic Facility Usage Deposit(Refundable) $500
Cancelation Fee: $100
PAYMENT:
All user groups will pay fees per the Master Fee Schedule.
User Group 2.A/2.B will be required to make payment in full within(30) thirty days of receipt of invoice.
User Group 3 &4 will be financially responsible for any charges/fees applicable for use of facility.
Fees must be paid in full a minimum of thirty(30) days prior to field rental date. User Group may adjust permit to increase usage but are not permitted to reduce use without notification of at least (3)business days in advance.
Outstanding balances may not be carried over into the next allocation period. Payments may be made to Upland Recreation and Community Services.
Failure to pay the outstanding balance on or before the end of the allocation period will result in the group forfeiting priority on traditional fields and non-issuance of permits for upcoming allocation periods.
CHANGES & CANCELATIONS:
City of Upland Athletic Facilities Policy&Procedures Manual Page 9
Any UYNP organization that has been allocated space and does not intend to use it regularly,must notify the Upland Recreation and Community Services in writing at least two (2) weeks prior to their intent to release their allocation. Any applicable fees will be collected with less than two- weeks' notice. Released fields will be evaluated and re-allocated per the allocation guidelines.
Any fields released by an organization will not be re-instated but may be requested for the following allocation period.
Groups 3 & 4:
• Cancelation and change notifications must be received at least three(3)business days prior to event. A partial refund or credit will be given for cancellations or changes made at least three (3)business days prior to event. The applicant will forfeit all payments/deposits and will be held financially responsible for all outstanding fees associated with the permit for events cancelled within three (3)business days before an event. • Please contact Upland Recreation and Community Services via telephone or e-mail to report your field cancellation, Monday through Thursday, 7:00 a.m. - 6:00 p.m. via phone at (909) 204-4593 or via email at [email protected]. Cancellation notifications must be received by email or phone call. Text messages will not be accepted. • Cancellations due to rain or inclement weather must be reported to the Upland Recreation and Community Services. Permits will be credited for weather-related cancellations.
EFFECTIVE USE OF FIELDS AND ACCOUNTABILITY:
The User Group's President, board members, or designated representative as listed on the application shall remain on the premises for the entire duration of the reservation. Failure to observe this condition may be grounds for the immediate cancellation of the reservation.
User Group may not sublease, lend, share, or give away fields that have been reserved under their name. Any infractions found may result in immediate loss of field use. This may jeopardize future use of fields and leagues organizations opportunities to submit future applications.
FIELD-ATHLETIC FACILITY LIGHTS:
• Most field athletic facility lights are scheduled through the web-based application, www.lightsonsites.com .
• All User Groups will be required to create an account, with a credit card to be utilized for payment.
• Lights can be scheduled through Upland Recreation and Community Services without payment but are not able to be turned on without payment. • It is the responsibility of the User Group to turn lights on and off accordingly. • Organizations found with lights on and no activity on the field will be billed accordingly.
INDEMNITY AND INSURANCE REQUIREMENTS:
City of Upland Athletic Facilities Policy&Procedures Manual Page 10
• Without limiting its indemnification of the City,the User Group shall obtain,provide, and maintain, at its own expense during the term of the agreement, a policy or policies of liability insurance.
• The City of Upland requires User Groups to provide General Liability Insurance in the amount of$1,000,000 per occurrence, $2,000,000 general aggregate. The coverage shall include bodily injury, personal injury, and property injury. • All User Groups must enter into a hold harmless agreement with the City which will, in part, indemnify City, its officers, employees and agents, from any liability arising from User Group's activity.
• The insurance coverage shall be primary insurance and/or primary source of recovery as respects to City, its elected officials, employees and volunteers with respect to all claims, losses, or liability.
• The insurance coverage shall include a Waiver of Subrogation endorsement in favor of the City, its Board, officers, agents, volunteers and employees or a blanket waiver of subrogation.
• The insurance coverage should include the following address: City of Upland, 460 N.
Euclid Avenue, Upland, CA 91786.
SPECIAL EVENT PERMITS:
• An activity in which an event is outside of the normal scope of the Organization's purpose may be required to obtain a Special Event Permit. For information on how to acquire a special event permit please contact the Recreation Coordinator at(909) 204-4590. • All Special Event Permits must be requested at least(45) forty-five days in advance.
ATHLETIC FIELD LININGNIMMINGROUTINE MAINTENANCE:
• The lining of natural grass fields shall be the responsibility of the primary user organizations (Group 1 and Group 2.A/2.Bfor only) and the layout of each field shall be agreed upon by the user organization and the City of Upland. • Burning of lines and lining the fields with chalk is not permitted on any field. • Upland Recreation and Community Services must approve fields needing to be lined outside of traditional dimensions.
• Organizations allocated to home fields are responsible for dragging all fields. • Any User Group failing to comply with the guidelines listed above shall pay for all damages to athletic facilities resulting in termination of use of athletic field.
MAINTENANCE/REPAIR AND SPECIAL PROJECT REQUESTS:
• In the event maintenance or repair at a City park is necessary, Organization Leads may submit a Maintenance/Repair Request form for consideration. Forms should be submitted (electronically or in person) to the Recreation Coordinator for review and subsequently recorded and routed to the Public Works Department for further assessment Public Works Department. All required documents are necessary at the time of submission for a request to be considered.
City of Upland Athletic Facilities Policy&Procedures Manual Page 11
o Approved maintenance or repairs must be valued at greater than$2,500 to be eligible for a fee credit. o For any park or facility major repair/replacement proposed on behalf of the City for the purpose of increased safety/security or reduction of liability and approved by the City in advance, said group may request a credit of up to 100%of the total contribution against future athletic facility user fees for a period of up to 5 years. Credits are subject to formal approval by the City and shall not apply to facility lights fees.
o For any park or facility major repair/replacement proposed on behalf of the City for the benefit of the user group and approved by the City in advance, said group may request a credit of up to 50% of the total contribution against future athletic facility user fees for a period of up to 5 years.Credits are subject to formal approval by the City and shall not apply to facility lights fees. • In the event a new amenity at a City park is desired, Organization Leads must complete a Special Project Permit Process & Application form for consideration. Forms should be submitted (electronically or in person) to the Recreation Coordinator for review and subsequently recorded and routed to the Recreation and Community Services Manager for approval before being routed to the Public Works and Development Services Departments for further assessment Public Works Department. All required documents are necessary at the time of submission for requests to be considered.
o Approved new amenities must be valued at greater than$2,500 to be eligible for a fee credit. o For any new amenity proposed and approved by the City in advance,said group may request a credit of up to 50%of the total contribution against future athletic facility user fees for a period of up to 5 years. Credits are subject to formal approval by the City and shall not apply to facility lights fees.
THREE STRIKES POLICY:
The purpose of this policy is to implement a systematic method of enforcing the City of Upland's Municipal Code and the Athletic Facilities Policy & Procedures Manual. Strikes issued should serve as a warning sign to potential issues that may immediately jeopardize all permits held by the organization. Upland Recreation and Community Services reserves the right to cancel or suspend approved for games, practices, and other usages based on user groups violation of the City Municipal Code or established Athletic Facilities Policy&Procedures Manual. Non-Adherence to City policy and City ordinances may result in the retention of a portion of or all of the deposit and/or result in the cancellation of current and/or future use.
The following are examples that may result in strikes being issued:
• Illegal use of fields without a permit.
• Illegal use of park space not designated for intended athletic sport related use. • Vending on City premises without permit or written consent from Upland Recreation and Community Services.
• Organizations found to be practicing or playing games prior to or outside of their permitted time and/or date.
• Organizations found to be practicing or playing games in locations other than those authorized by the City of Upland.
• Organizations found to be sub-letting or swapping field permits with any other organizations.
• Organizations found to be practicing or playing games on fields which have been previously closed due to inclement weather or any other purpose. • Organizations failing to meet monthly financial obligations. • Organizations conducting adult practice and/or games on fields allocated to youth.
City of Upland Athletic Facilities Policy&Procedures Manual Page 12
• Organizations not utilizing permitted fields.
• Organizations utilizing athletic facility lights outside of reserved time frame. • League Organization representative disrespecting a field monitor or organization representative.
Strike One:
• Consists of documented activity in direct violation of the City Municipal Code or Athletic Facilities Policy. A letter will be written to the user group president and field allocation representative documenting the violation. The letter will be placed in the group's file. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.
Strike Two:
• Occurs after a second documented violation within a current allocation period. The group will be informed in writing that a Community Services staff member will be assigned to their permitted activity at the respective park where the violation occurred. The staff member will monitor activity at the site and report any further violations to the City. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.
Strike Three:
• The third documented violation within the current allocation period. All permits held by said organization/entity for the remainder of the allocation period and future allocation will be revoked. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.
Notwithstanding the above,the City has the discretion to revoke the right to use any field or facility to any User Group immediately without following the three strikes procedure set forth above if the violation of state law,the Municipal Code,this policy or other policies,rules or regulations warrant such immediate revocation as determined by the City in its sole discretion.
FIELD CLOSURES:
• The City of Upland reserves the right to suspend facility availability during periods of inclement weather,poor playing conditions, damage (which would cause hazardous safety considerations), and for necessary maintenance.
• When thunder is heard and lightning is seen during field use, User Group must suspend play and take shelter immediately. Once play has been suspended, User Group shall wait at least (30) thirty minutes after the last thunder is heard or lightning flash is witnessed prior to return to play.
• User Groups may reserve the right to cancel practices or games if they feel that the fields are unplayable due to weather conditions. User Groups are required to make every effort to contact Upland Recreation and Community Services staff to report the cancelation.
Lights may be canceled, and fees may be adjusted.
City of Upland Athletic Facilities Policy&Procedures Manual Page 13
RESERVABLE FIELDS:
Cabrillo Soccer Fields 1 1th Street Between Mountain Avenue &Benson Avenue Fields 1-6
Citrus Park 8th Street between Mountain Avenue & Benson Avenue Major& Minor
Greenbelt Park 15th Street between Mountain Avenue & Benson Avenue North, South, West
Memorial Park Foothill Boulevard between Grove Avenue & Campus Avenue North, South, Rotary
Olivedale Park
Major 8th Street Between Campus Avenue & Sultana Avenue San Antonio Park 24th Street and Mountain Avenue
Major& Minor
Sierra Vista Park* 15th Street& 2nd Avenue
North &East*
*Lights unavailable
• Use of facilities will be limited to weekdays, 2:00 p.m.-10:00 p.m. and Saturdays & Sundays, 8:00 a.m.-10:00 p.m.
• Permits may be extended on a conditional use agreement. • Park curfew is 10:00 p.m.-57:00 a.m.
• Athletic FacilitiesSports fields may be closed from time to time for maintenance and may be closed on all major holidays.
• Permits may be obtained on a rental basis or conditional use agreement. • Groups failing to comply with scheduled field closures may have permits revoked.
City of Upland Athletic Facilities Policy&Procedures Manual Page 14
hti4°. 9 APPENDIX A
City of Upland
_ Recreation and Community Services
ATHLETIC FACILIITES USE RULES AND REGULATIONS
It is the responsibility of the person in charge and identified on the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities.
These rules include,but are not limited to:
• Use will begin no earlier than 8:00 a.m. Use will end at dusk on unlit fields and end by 10:00 p.m. on lit fields,except where noted on approved Special Event Permit. • Permitted use begins and ends at the times stated on the SpertsAthletic Facility Reservation Form, including set-up and clean-up.
• Users may not make any alterations to facility without first obtaining the City's permission. • Vehicles are not allowed on City property except in marked parking lot areas, unless written permission is obtained by the City.
• Parking is allowed in designated areas only. Vehicles are not permitted on the grass areas. • Parking lot gates must be closed each night(where applicable). Overnight parking is not permitted. • All fire lanes and emergency entrances/exits must remain clear and off-street public parking areas are to be used only when necessary.
• Applicant's copy of the permit must be available during use and presented to any City representative upon request.
• No team organization-can transfer its field use privilege allocation-without City consent. • Alcohol/tobacco is not allowed at any City of Upland facility. • Selling of food or other items is permitted in City concession/snack bar facilities only. A Health Permit and City of Upland Business License is required for all concession and snack bar facilities.
Primary users have priority use of snack bars.
• Sound amplification equipment will be allowed in City parks subject to conformance with the City's noise ordinance.
• Property boundary walls and facility fences are not to be used as backstops at any time. • Balls and any other equipment thrown, batted, kicked or otherwise, landing on private property must may-not be retrieved without the property owner's permission. • Portable goals and/or markers are allowed,but must be removed daily. • Leagues Organizations must adhere to all rules and regulations limiting the number of teams per field. The field and adjoining areas affected by the group's use must be picked up and cleared of all trash and debris generated by the group.
• Equipment stored(with permission only)by the league organization is not the responsibility of the City.
• Wet Field Policy: Groups may not play on fields closed due to wet field conditions. It is the responsibility of groups to access field closure information by contacting Upland Recreation and Community Services at(909) 201 '1590.
Non-Adherence to any of these rules or City ordinances will may result in the retention of a portion of or all of the deposit and/or result in the cancellation of current and/or future use.
Any user failing to comply with established guidelines and notifications is subject to invoicing for all damages incurred to facility and termination of the facility use permit.
Applicant Signature: Date:
City of Upland Athletic Facilities Policy&Procedures Manual Page 15
'744°F Qpt9 City of Upland APPENDIX B
,e ,4-q Recreation and Community Services
04 APPLICATION CHECKLIST
it �ti¢
Organization Name:
Main Contact:
Mailing Address:
Phone Number:
E-mail Address:
UYNP Required Paperwork Mtn Be Submitted-Teto Upland Recreation And Community Services:
❑ Athletic Facilities Use Request Form
❑ Valid Insurance Certificate (See Page xxl0)
❑ Determination Letter of Exempt Status,United States Treasury ❑ Determination Letter of Exempt Status, State Franchise Tax Board ❑ Articles of Incorporation and/or By-Laws
❑ Athletic Facilities Use Agreement
❑ Current List of Board of Directors
❑ Master Calendar of Events (Ex: All-Stars, Tournaments, Picture-Day) Required Paperwork Be Submitted Ito Upland Recreation & Community Services (Groups 3&4):
❑ Athletic Facilities Use Request Form
❑ Valid Insurance Certificate (See Page 10)
❑ City of Upland Business License
❑ Special Event Permit(If Applicable)
City of Upland Athletic Facilities Policy&Procedures Manual Page 16
4ti4 Or ripyqd APPENDIX C
Gad City of Upland
'� : ' Recreation and Community Services
c,qt=� '� USER GROUP/ORGANIZATION FACT SHEET
Organization Name:
Main Contact: Federal ID#:
BOARD OF DIRECTORS
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
City of Upland Athletic Facilities Policy&Procedures Manual Page 17
�4 o i9 City of Upland APPENDIX D n gg . Recreation and Community Services R�l ,N
ATHLETIC FACILITIES USE REOUEST FORM
c44,17; '
r5 Organization Name: Date:
s
a Main Contact: Contact Phone:
o-
c
n
❑ Group 1 AGE: ADDITIONAL INFORMATION:
=� ❑ Group 2 ❑ Youth(Ages 17 &Under) City of Upland must be additionally insured for$1,000,000, CD ❑ Group 3 ❑ Adults (18 Years & Older) matching all requirements. o ❑ Group 4 Special events may require a Special Events Permit. n
Ro REQUESTED ATHLETIC FIELD(S) DATES REQUESTED:
ro
el
° Soccer Fields Days: Field Request: Time Request: Hours:
CD BasebalUSoftball Fields
zMonday
CD y 0 ❑ Citrus Park,Major ❑ Cabrillo Park,#1 w ❑ Citrus Park,Minor ❑ Cabrillo Park,#2 Tuesday w ❑ Greenbelt Park,North ❑ Cabrillo Park#3
❑ Greenbelt Park, South ❑ Cabrillo Park#4 Wednesday ❑ Greenbelt Park,West ❑ Cabrillo Park#5
❑ Gar Warner ❑ Cabrillo Park#6 Thursday
I ❑ Memorial Park,North ❑ Sierra Vista Park,East* ❑ Memorial Park, South ❑ Sierra Vista Park, Friday ❑ Memorial Park,Rotary South*
❑ San Antonio Park,Major Saturday
El San Antonio Park,Minor *Lights Unavailable
Sunday
I, the undersigned, on behalf of the above mentioned organization or individuals do hereby certify that I have read and agree to abide by the policies a) governing the uses of the requested facility listed on the Athletic Facilities Use Request Form. I will specifically accept responsibility for any damage co 7 to the sports field/facility as a result of the occupancy of the organization or individuals. I hereby hold harmless the CITY OF UPLAND, its officers, CD CrA
- °_ employees, and agents from any and all liability from damage, loss, or injury either to person or property, which may be sustained while using said ono °O facility.
0 N SIGNATURE: Date:
✓
ti4,a °pig APPENDIX E
1 External Maintenance/Repair Proposals
c�lIFORty't
The City of Upland prides itself in"community" and graciously welcomes efforts for the maintenance or repair of existing park capital assets. In an effort to formalize external maintenance/repair proposals,this form must be filled out and submitted for consideration prior to any work commencing.
Consideration for maintenance/repair requests may take 30-90 days depending on the complexities of the project, current staff workloads, and any necessary additional communication.
The External Maintenance/Repair Proposals will be reviewed and approved or denied by the Operations Manager, Public Works Director and Assistant City Manager.
Project Proposal Information
DETAILS
Park/Facility:
Amenity:
Description of Work to be Completed:
Estimated Work Timeline:
Is this project being requested in consideration for fee reduction? ❑ Yes ❑No
CONTACT INFO
Applicant Name:
Proposing Entity:
Phone: Email:
REQUEST REQUIREMENTS
1.Photos—Current Conditions
2.Estimated Donated Cost Breakdown(materials/supplies, labor, etc.)
3.Requested City Resources(materials/supplies,labor,etc.)
4. Ongoing Maintenance Needs(if applicable)
❑ Approved ❑ Denied Additional Requirements/Comments:
Operations Manager Date
Public Works Director Date
Please route this form to the Recreation & Community Services Manager Assistant City Manager Date
Fee Reduction Approved ❑ Yes ❑No
Fee Reduction Amount ❑ 100% (Work performed on behalf of the City) ❑ 50% (User group benefit) City of Upland Athletic Facilities Policy&Procedures Manual Page 19
4L9 APPENDIX F
J Special Project Permit Process & Application
°ttpoa� p pp
The City of Upland prides itself in"community" and graciously welcomes any efforts for new or improved capital assets. In an effort to streamline special projects proposed by community members, all proposals for new or improved amenities must be reviewed and approved by multiple City Departments.
Approval for special projects may take 30-90 days depending on the complexities of the project, current staff workloads, and/or the necessity for approvals by the City Council or other advisory committee.
The Special Project Permit Process will begin and end with the Recreation and Community Services Division,with the Manager serving as the liaison between all Departments.
Project Proposal Information
DETAILS
Amenity: D New 0 Improved
Park/Facility:
Specific Location:
Estimated Construction Timeline:
Is this project being requested in consideration for fee reduction? 0 Yes 0 No
CONTACT INFO
Applicant Name:
Proposing Entity:
Phone: Email:
Address: City: Zip:
PROPOSAL REQUIREMENTS
1. Purpose Statement
2. Project Specifications (map, dimensions, colors, etc.)
3. Estimated Donated Cost Breakdown (materials/supplies, labor, etc.)
4. Ongoing Maintenance Needs (if applicable)
City of Upland Athletic Facilities Policy&Procedures Manual Page 20
� �p1
4,� 94" CITY UPLAND
1, 1. "The City of Gracious Living"
C.1tIFOBS
1. C-Stayr(kr Oilt
DATE: May 28,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR
JAMIE DAVIDSON,MANAGEMENT ANALYST II
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN ENGINEERING
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No. 1 to the Professional Services Agreement with Willdan Engineering for staff augmentation in the amount of$107,240 for a total not to exceed contract amount of $157,240 for the period through November 30,2024,and authorize the City Manager to execute the amendment.
GOAL STATEMENT
The proposed action supports the City's goal of providing timely customer service and ensuring an expedited development review process.
BACKGROUND
Since 2014,the Development Services Department has utilized professional consulting services to provide improved customer service and flexible contract staffing in a fluctuating project workload environment. The professional services provided under the Agreement have helped to streamline the development review and the building permitting process. The decision to utilize consultant services was based on a 2014 Blue Ribbon Committee's recommendation and Upland's staffing levels being typically lower than similar sized cities. Using contract employees allows the Development Services Department to better respond to changing demands for services from the development community.
Since January 8, 2024, Willdan Engineering has provided professional services for two (2)part-time consultants to augment staffing in the Building and Safety Division("Division"). The original Agreement was intended to fund a contract Building Official for a specific period until the recruitment process for an in-house Building Official was completed. However,another need arose in the Division and prompted the necessity to hire a contract Building Permit Technician to maintain staffing status quo. Previously,the Division had a consultant who provided staff augmentation for both Building Official and Plans Examiner positions. However,this was not sustainable in the long term due to an increase of plan check submittals which resulted in a reduction in the plan review turn-around timeframe. The consultant spent 90%of the time exclusively plan checking which prompted the decision to hire a contract Building Official to oversee the day-to-day operations of the Division and provide a transition to an in-house Building Official and Plans Examiner,which are proposed in the Division's FY 24/25 Budget.
ISSUES AND ANALYSIS
The original agreement with Willdan Engineering was for$50,000 and provided that additional work exceeding this amount would require City Council approval. The agreement and funding are set to conclude on July 22,2024. The original agreement provides that upon mutual agreement the term and contract amount could be increased. Therefore, to maintain the level of service to our customers and to maintain the staffing status quo,it is necessary to increase the term of the agreement to November 30,2024,and the amount of the agreement an additional$107,240.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA)pursuant to Section 15378 of the CEQA Guidelines. This section defines what projects are,and are not, subject to CEQA. The proposed action to award a contract to provide Building& Safety contract services is not considered a project. The proposed action is considered an organization or administrative activity of the local government that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACTS
The proposed amendment is for an increase to the original agreement in the amount of$107,240 and will span the current and upcoming fiscal years. There are sufficient funds in both fiscal years to accommodate the amendment.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF UPLAND AND
WILLDAN ENGINEERING
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the "First Amendment") is made as of the 28th day of May, 2024, by and between the City of Upland, a public agency organized and operating under the laws of the State of California ("City"), and Willdan Engineering, a California corporation (the "Consultant").
Collectively, City and Consultant are referred to herein as the "Parties".
RECITALS
WHEREAS, City and Consultant previously entered into a Professional Consultant Services Agreement (the "Agreement") dated January 8, 2024 to provide staff augmentation services in support of the City's Building and Safety Division within the Development Services Department, as set forth in Exhibit "A" attached to the Agreement and incorporated therein by reference; and
WHEREAS, the maximum compensation in the Agreement is $50,000 and any additional work in excess of this amount needs to be approved by the City Council; and WHEREAS, the term of the Agreement is January 22, 2024 to July 22, 2024; and WHEREAS, pursuant to Section 5 of the Agreement, the Parties may by mutual, written consent, extend the term of the Agreement; and
WHEREAS, the Parties desire to: (1) continue services subject to the terms and conditions as stated in the Agreement, dated January 8, 2024; (2) increase the compensation by $107,240; (3) increase the total not-to exceed compensation of the Agreement, allowing for up to a 10% increase or $15,724; and (4) extend the term through November 30, 2024.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties amend the Agreement, as follows:
1. Subsection (b) of Section 2, Compensation, is amended to read:
"In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $157,240 (one-hundred fifty-seven thousand two hundred forty dollars). This amount is to cover all printing and related costs, and City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis."
2. Subsection (c) of Section 2, Compensation, is amended to read:
"The City Manager may approve Additional Work, as further defined in Section 3, up to 1
ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the Agreement exceed one-hundred seventy-two thousand nine hundred sixty-four dollars ($172,964). Any additional work in excess of this amount shall be approved by the City Council."
3. Section 5, Term, is amended to read:
"The term of this Agreement shall be from January 22, 2024 to November 30, 2024, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project.
Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work."
4. All remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, City and Consultant have approved this First Amendment effective the day and year first above written.
CITY: CONSULTANT:
City of Upland Willdan Engineering
By: By:
Michael Blay,
City Manager Its:
Printed Name:
ATTEST:
By: By:
Keri Johnson,
City Clerk Its:
Printed Name:
APPROVED AS TO FORM:
By:
Stephen Deitsch,
City Attorney
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Attachment A - Original Agreement
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CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of January 8, 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Willdan Engineering, a California corporation, with its principal place of business at 650 E. Hospitality Lane, Suite 400, San Bernardino, CA 92408 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Building and Safety Services to include: on-site Building Official personnel and may include other services such as electronic plan review, counter permit technician, and building inspection (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit"A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the below Schedule of Charges also set forth in Exhibit"A." SERVICE PROVIDED HOURLY RATE
Building Official $145
Plan Check Engineer/Architect $140
ICC Certified Plans Examiner $135
Senior Building Inspector $110
Building Inspection $100
CASp Plan Review/Inspection $135
Permit Technician $ 75
Senior Permit Technician $ 85
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$50,000(fifty thousand dollars). This amount is to cover 1
all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement. In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty-five thousand dollars ($55,000.00). Any additional work in excess of this amount shall be approved by the City Council.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from January 22, 2024 to July 22, 2024, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
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a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for(1)contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
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(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain,for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit 5
Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement,the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials,officers,employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, 6
and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the • provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
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12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of"design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein,Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815)and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing,the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 8
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to,the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten(10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 9
19. Organization
Consultant shall assign Patrick Johnson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
DISTRICT: CONSULTANT:
City of Upland Willdan Engineering
460 N. Euclid Avenue 650 E. Hospitality Lane, Suite 400 Upland, CA 91786 San Bernardino, CA 92408
Attn: Development Services Director Attn: Patrick Johnson, Director of Building and Safety
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 10
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND WILLDAN ENGINEERING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND Willdan Engineering
By: By:
ha Blay
City NW-lager Its: Director - Building & Safety
Printed Name: Patrick Johnson
ATTEST: By:
Its: Principal Protect Manager
By:
Keri Jo so Printed Name: Pete Goodrich
City Clerk
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EXHIBIT A
Scope of Services
13
WWI LLDAN
December 18, 2023
City of Upland
Attn: Robert Dalquest, Director Development Services
460 N. Euclid Avenue
Upland, CA 91786
Subject: Proposal—Building Official Services
Dear Mr. Dalquest:
Willdan Engineering is pleased to present this proposal to the City of Upland to provide Building Official services to the City.
Responsibilities include, but are not limited to:
a Quality control review of plan checks and inspections a Resolution of resident inquires and complaints
d Building Official Administration, processing of complex Building Code issues and dispute resolution
a Contribute the necessary resources to the configuration, implementation and on-going support of an automated permitting system
Participate in the City's Architectural Review Board
4' Review discretionary application for preliminary compliance with construction codes s Coordinate with Code Enforcement regarding an aggressive abatement program ▪ Review and update the Building and Safety Procedures Manual • Monthly Reporting of Building and Safety Activities as well as reports required for fee collection and other reports required by the State of California or other government agencies Processing of Planning Commission and City Council staff reports related to Building and Safety items
Periodic attendance at Planning Commission and City Council meetings Below is our Schedule of Hourly Rates:
SERVICE PROVIDED I HOURLY RATE
Building Official $145
Plan Check Engineer/Architect $140
ICC Certified Plans Examiner $135
Senior Building Inspector $110
Building Inspection $100
CASp Plan Review/Inspection $135
Permit Technician $ 75
Senior Permit Technician $ 85
909.386.0200 I fax:909.8883107 I 650 E, Hospitality one.Suite 400.San Bernardino,CA 924( www.willdan.com
We propose Mr.Sarkis Nazerian, BO,serve as Building Official. Sarkis's resume is attached for your review. Please feel free to contact me should need any additional information.
Respectfully submitted,
WILLDAN ENGINEERING
1(. ..L.) ,--..--
Patrick Johnson, PE,CBO
Director of Building and Safety
WCOMPREHENSIVE.
INNOVATIVE. Page 180 of 217
TRUSTED.
Sarkis Nazerian, CBO
Building Official
Profile Summary
Education: BS, Engineering,California State University,Los Angeles,CA Registration: ICC Certified Building Official
ICC Certified Building Inspector
ICC and UPC,Certified Plumbing Inspector
ICC and UMC SAT Certified Mechanical Inspector
General Contractors License B,California State License Board Affiliations: ICC 300 Committee Member
Foothill Chapter ICC,Board Member
Foothill Chapter ICC,President
Disabled Access—California Building Officials Committee Member CalGreen—California Building Officials Committee Member Administration—LA Basin Chapter Committee Member Disabled Access—LA Basin Chapter Committee
Member Green Building—LA Basin Chapter
Committee Member Member of Foothill Chapter of
ICC
Member of Los Angeles Chapter of
ICC Member of CALBO
Member of NFPA
Member of
IAPMO
Experience: 33+Years
Mr.Sarkis Nazerian is a Willdan Engineering building official with over 33 years of experience in building inspection and code enforcement inspection services. He has over 20 years'experience as a Building Official. Mr. Nazerian currently holds certification as a Building Official from the International Code Council (ICC).Additionally, he holds certifications from ICC for Building Plans Examiner, Building Inspector,and Mechanical Inspector. Mr. Nazerian is also a California State licensed Contractor(B License). Mr. Nazerian is available for building official and building department administration services throughout Southern California.
Relevant Project Experience
City of Pasadena,CA. Building&Safety Manager and designated City Building Official.
Responsibilities included overall operations of the Building&Safety Division and the Property Maintenance(Code Enforcement) Division of the Community Development Department.
Willdan Engineering. Building Official. Building Plans Examiner. Building Inspector WCOMPREHENSIVE.
INNOVATIVE. Page 181 of 217
TRUSTED.
• trpl" CITY FUPLAND
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: May 28,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
LON TEAGUE,POLICE LIEUTENANT
SUBJECT: CONSIDER THE APPROPRIATION OF$50,000 IN ARPA FUNDS FOR THE PURCHASE OF
EQUIPMENT FOR THE UNMANNED AERIAL VEHICLE PROGRAM
RECOMMENDED ACTION:
It is recommended that the City Council approve an appropriation of$50,000 in American Rescue Plan Act funds for the purchase of equipment and software for the Upland Police Department's Unmanned Aerial Vehicle Program
GOAL STATEMENT
The proposed action supports the City's goal of providing efficient and effective police services to the citizens of Upland.
BACKGROUND
On March 11,2021,the President signed into law the American Rescue Plan Act,also known as"ARPA."The federal stimulus program allocates $1.9 trillion over the next three years to help state and local governments respond to the economic and public health impacts of COVID-19.Under the law,each local government agency nationwide receives an allocation of ARPA funds,based on a formula. The City's share is$15.2 million.
On September 14,2021,City Council approved the ARPA Investment Plan,which included an allocation of$200,000 for Police Department aerial drones to improve public safety by enhancing surveillance capabilities throughout the City.
On April 11, 2022, the City Council accepted $357,288 in funding from the County of San Bernardino through Supervisor Curt Hagman's allocation of the Board of Supervisors Discretionary Fund—District Specific Priorities Program to support technology infrastructure and purchase law enforcement equipment. Included in that funding was $58,649 set aside for the purchase of Unmanned Aerial Vehicle(UAV)drones for emergency police response. These funds allowed the Upland Police Department to start its Unmanned Aerial Vehicle Program. The Upland Police Department was able to purchase 9 UAVs with that initial funding.
On May 22,2023,the Upland City Council approved$150,000 dollars of the$200,000 dollars of ARPA money to be used for the Upland Police Department's UAV program.
ISSUES AND ANALYSIS
Now that the UAV Program has been established,the Police Department has evaluated the program and identified the best use of the ARPA funds allocated for the program.These expenditures include replacement parts,backup batteries, power banks,equipment,additional UAVs,and logistical support items. The following items provide details for the proposed uses of the funds identified in the Supply Price List attached to this staff report. • The purchase of three(3)Autel Evo Max 4N will provide the Police Department with advanced security by including a new body style and technology for the foreseeable future.The Evo Max 4N has a new design that will work with any future purchases and includes the ability to swap and reuse batteries,which is the most common recurring UAV expense. One of the Autel EVO MAX 4Ns will be used by the traffic division to reconstruct fatal traffic collisions buy utilizing LiDar technology. • One additional DJI Avata will provide officers with an advanced tactical advantage,increased officer safety, and benefits when clearing interior locations where a suspect is believed to be hiding.
• Logistical support items are paramount to an effective operation. The purchase of support items,which are essential to the UAV Program, includes additional batteries, replacement propellers,replacement antennas, additional SD cards,Apple air tags,folding chairs,lighting kits,a tool chest,and portable power banks.
ENVIRONMENTAL DETERMINATION
The subject action appropriates funds for the purchase of equipment and software and is not considered a"project" under the California Environmental Quality Act(CEQA)pursuant to Section 15378(b)(4) of the CEQA Guidelines, and thus is exempt.
FISCAL IMPACTS
The recommended action appropriates$50,000 of American Rescue Plan Act funds in Fund 2293201-5530-16130 for the purchase of equipment to augment the UAV Program.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
B&H FOTO & ELECTRONICS
TOTAL
• 2-Autel EVO MAX 4N Bundle $8699.00 $17,398.00 • 25 -Autel Battery for EVO MAX $227.00 $5,675.00 • 10 — DJI Avata Flight Battery $97.00 $970.00 • 5 —Autel MAX Propellers $13.88 $69.40
• 5 —Autel R/C Replacement Antenna $39.99 $199.95 • 1 —Anker 760 1048WH EXP Batt $1250.00 $1,250.00 TAX: $1 ,981.08
TOTAL $27,543.43
AMAZON
• 7 — DJI Avata Propeller Guard $233.80 $233.80
BLUE SKIES DRONES
• 5 -Autel EVO MAX Speaker/Light Combo $979.00 $4,895.00 TOTAL: $32,672.23
(Everything above line has already been purchased)
VERTIGO DRONES
• 10 —Autel Robotics Smart Controller Ant $216.89 AMAZON
• 6 — Folding Chairs $728.98
• 3 —Autel Nano Case (Motors) $150.27
• 6 —Air tag holders (4) $59.82
• 6 —Apple Air Tags (4) $479.94
• 1 —Autel Nano+ $750.00
• 10 — DJI Goggles 2 battery $379.30
• 1 — Drone repair tool kit $57.00
• 23 — Sandisk 256gb SD Cards $689.77
• 5 —Avata interior light kits $1 ,000.00
• 1 — 9 Drawer tool chest $714.00
TOTAL: $5,009.08
B&H FOTO & ELECTRONICS
• 1 —Autel EVO MAX 4N Bundle (TRAFFIC DRONE-FATAL T/C's) $8699.00 • 6 —Autel Nano+ Prop Guards $120.00
TOTAL: $8,819.00
4,a trpl CITY FUPLAND
„.;
"The City of Gracious Living"
Staff(krctilt
C�tIFOB�S
DATE: May 28,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR
RICHARD SMIDERLE,OPERATIONS MANAGER
SUBJECT: CONSIDER APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT FOR METROLINK SECURITY SERVICES
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No.2 to the Professional Services Agreement between the City of Upland and American Global Security,Inc. for Metrolink Station Security Guard Services;extending the agreement for an additional one(1)year;increase the contract amount by$159,957.70 for a total contract amount of $583,910.40; and authorize the City Manager to execute any and all necessary and related documents to implement the amendment.
GOAL STATEMENT
The proposed action supports the City's objective to continue to provide the required Metrolink Station Security Guard Services.
BACKGROUND
On March 8, 1993,the City of Upland, and the San Bernardino County Transportation Authority(SBCTA) entered into a Station Cooperative Agreement. As part of the agreement,the City is required to provide security of the station parking lots from thirty(30)minutes before the first train arrival to thirty(30)minutes after the last train departure.
In order to provide this service,the City of Upland utilizes contract security guard services.
On May 24,2021,the City Council awarded a Professional Service Agreement with American Global Security,Inc. (American Global Security) for Metrolink Station Security Guard Services. The contract was for two (2)years, and the City reserves the right to extend the agreement for three(3)additional one-year terms. The Agreement commenced on July 1,2021,and the total contract amount is$270,610($135,304.47 per year).
On August 14, 2023, the City Council approved amendment No. 1 to the Professional Services Agreement with American Global Security for Metrolink Station Security Guard Services. The amended agreement amounted to $153,342.70 for the first option year.
ISSUES AND ANALYSIS
American Global Security has satisfactorily provided Metrolink Station Security Guard Services for the term of the contract. At this point, the City would like to exercise its right to extend the agreement for the second of the (3) additional one-year terms.
Since the signing of the original contract, Metrolink has increased their operating time by two hours per day,which the City is obligated by agreement to cover. In addition,the 2023 United States Bureau of Labor Statistics,Riverside- San Bernardino-Ontario Area,Consumer Price Index,(CPI)was 4.3%. As a result,Staff is recommending increasing American Global Security's hourly rate by $1.00. The CPI increase results in an amended agreement amount of $159,957.70 for the second option year. All other provisions of the Agreement shall remain the same.
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
City Staff has allocated$161,000 in the FY 2024-25 budget to cover the cost of Metrolink Station Security.
ALTERNATIVES Page 186 of 217
Provide alternative direction to staff.
CEQA:Not a Project.
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN GLOBAL SECURITY, INC.
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of July 1, 2024 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and American Global Security, Inc., a California corporation ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Contractor have entered into an agreement, dated July 1, 2021 for the purpose of providing Metrolink Station Security Guard Services (the "Original Agreement").
B. WHEREAS, pursuant to Section 1 of the Original Agreement, the City may extend the Original Agreement for up to three (3) additional one (1) year Terms.
C. WHEREAS, the Parties heretofore entered into Amendment No. 1 of the Original Agreement to extend the Term of the Original Agreement by one year (Amendment No. 1 and the Original Agreement are together hereinafter referred to as "the Original Agreement").
D. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term of the Original Agreement for one (1) additional year.
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 (1) year commencing July 1, 2024 through June 30, 2025 ("Second Extended Term") unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 Second Extended Term shall not exceed the total cost, as described in Exhibit B, for an aggregate amount not to exceed $159,957.70 for Security Guard Services.
4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, including without limitation the indemnity and insurance - 1 -
provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.
5. 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.
6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN GLOBAL SECURITY, 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: AMERICAN GLOBAL SECURITY, INC.
Michael Blay
City Manager APPROVED BY.
ATTEST:
Sulaiman A. Wali
C.E.O.
Keri Johnson, CMC, CPMC
City Clerk
APPROVED BY:
APPROVED AS TO FORM:
AbdulWali Wardak
Best Best & Krieger LLP C.F.O.
City Attorney
- 3 -
EXHIBIT "B"
PROPOSED SCHEDULE OF RATES
METROLINK STATION SECURITY GUARD SERVICES
FY 2024-25
Guard Regular/ Regular/ Regular/ Holiday/OT. Holiday/OT. Holiday/OT. Annual Total Mobility Straight Straight Straight Hr. Hrs. Hr. Rate Hr. Subtotal Cost Options Hrs. Est. Hr. Rate Subtotal Est. Annual Annual
Foot Patrol
Guard 6,500 Hrs. $ 23.99 $ 155,935.00 115 $ 34.98 $4,022.70 $ 159,957.70 Services
• Includes: ALL labor & associated cost as detailed in Exhibit "A" "Scope of Services" in the original agreement dated July 1, 2021.
American Global Security, Inc. CA PPO 120021 .
Contractor: License #
Signed: Date:
Sulaiman A. Wali C.E.O. .
Name: Title:
- 4 -
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN GLOBAL SECURITY, INC.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of July 1, 2023 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and American Global Security, Inc., a California corporation ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Contractor have entered into an agreement, dated July 1, 2021 for the purpose of providing Metrolink Station Security Guard Services (the "Original Agreement").
B. WHEREAS, pursuant to Section 1 of the Original Agreement, the City may extend the Original Agreement for up to three (3) additional one (1) year Terms.
C. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term of the Original Agreement for one (1) additional year.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Original Agreement shall be extended for an additional term of one (1) year commencing July 1, 2023 through June 30, 2024 ("Extended Term") unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 Extended Term shall not exceed the total cost, as described in Exhibit B, for an aggregate amount not to exceed $153,342.70 for Security Guard Services.
4. Service Hours Adjustment. As described in the Original Agreement, Scope of Services Item 2.1 Estimates, Monday thru Friday security services shall increase 2 hrs. per day for a total of 19.0 hrs. per day to accommodate Metrolink train schedule adjustment.
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.
- 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 AMERICAN GLOBAL SECURITY, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF UPLAND CONTRACTOR
APPR E D BY: AMERICAN GLOBAL SECURITY, INC.
Mih I1y
City Mafia er APPROVED BY:
///
ATTE T:
Sulai A. Wa
C.E.O.
Ken Johnson,'CM , CPMC
City Clerk - -
APPROVED BY:
APPROVED AS TO FORM: !f" -am'
P. Abdul ali Wardak
Best Best & Krieger LLP C.F.O.
City Attorney
- 3 -
EXHIBIT "B"
PROPOSED SCHEDULE OF RATES
METROLINK STATION SECURITY GUARD SERVICES
FY 2023-24
Guard Regular/ Regular/ 1 Regular/ Holiday/OT. Holiday/OT. Holiday/OT. Annual Total Mobility Straight Straight Straight Hr. Hrs. Hr. Rate Hr.Subtotal Cost Options Hrs. Est. Hr. Rate Subtotal Est.Annual Annual _
Foot Patrol
Guard 6,500 Hrs. $22.99 $ 149,435.00 115 $33.98 $3,907.70 $ 153,342.70 Services
• Includes: ALL labor& associated cost as detailed in Exhibit "A" "Scope of Services" in the original agreement dated July 1, 2021.
American Global Security, Inc. CA PPO 120021
Contracto License #
Signed: Date:
l a, 2-3
Sulaiman A. Wali C.E.O. .
Name: Title:
- 4 -
CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of July 01, 2021 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and American Global Security, Inc. (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Metrolink Station Security Guard Services (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 270,610.00 . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.
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3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term
The term of this Agreement shall be from July 01, 2021 to June 30, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary, to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
Option —Three (3) additional One (1) year terms.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Consultant shall complete the services required hereunder within 730 Days. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. 2
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In 3
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
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(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence /$2,000,000 aggregate for bodily injury, personal injury, and property
damage.
Automobile Liability $1,000,000 combined single limit.
Employer's Liability $1,000,000 per accident or disease.
Professional Liability $1,000,000 per claim and aggregate (errors and omissions).
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(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
7
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of"design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility 8
to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. City Material Requirements.
Consultant is hereby made aware of the City's requirements regarding materials, as set forth in, which are deemed to be a part of this Agreement.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, 9
produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Sulaiman A.Wali as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
DISTRICT: CONSULTANT:
City of Upland American Global Security, Inc. 460 N. Euclid Avenue
Upland, CA 91786
Attn: Richard Smiderle
Public Works Operations Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated 10
herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
31. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
11
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND AMERICAN GLOBAL SECURITY, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND American Global Security, Inc.
By: By:
Stephen Parker
Interim City Manager Its:
Printed Name:
ATTEST:
By:
Keri Johnson, City Clerk
12
EXHIBIT "A"
CITY OF UPLAND
SCOPE OF SERVICES
METROLINK STATION SECURITY GUARD SERVICES
Background
The City of Upland is inviting qualified Vendors to submit a proposal response for Security Guard Services at Metrolink Station Facility in accordance with the minimum Scope of Services and Specifications indicated herein. "Vendor References" shall be submitted with the RFP response but "ONLY" as a separate attachment under its own Title Page, "Exhibit — 3", Vendor References.
Scope of Services
The Vendor shall provide professional Security Guards (Unarmed), equipment, tools, materials, supervision, and other items necessary to perform security patrol services as indicated throughout this RFP. The successful Vendor must be able to perform to the minimum standards stated herein. The City expressly reserves the right and is at the City's sole discretion to request the removal and replacement of any security guards who, in the City's opinion is for any reason unsatisfactory.
1. Specifications
To include but not be limited to the following:
A. Guard the property against fire, theft, damage, vandalism, and graffiti.
B. Report ONLY and document, in accordance with procedures, any unusual activity, hazardous conditions, damage or situations that may develop into potential facility damage and /or suspicious activity.
C. Maintain daily log for each shift, incident reports and activity reports as required.
D. Appropriately report and respond to potential and actual emergencies such as fire, medical, situations or threats to the public, City staff or property.
E. Carry a radio or phone for immediate contact with Vendors Command Center, City staff and the City of Upland Police Station.
F. Carry all devices necessary to implement the requirements for Post Management / Tour Verifications System described herein.
G. Politely interact with the public and always maintain a professional demeanor. 13
2. Service Location(s). The City reserves the right to change service schedules/hours at its own discretion. The City will make every reasonable effort to provide Vendor with a fourteen (14) day notice prior to any schedule change. All changes in service will be calculated based on the unit rates quoted herein.
2.1. Estimates. The following days/times are current estimates as provided by Metrolink.
Metrolink operation schedules/times of day are subject to adjustments in relation to rider demand. In the event of Metrolink schedule adjustments, Security Services will be required to adjust accordingly.
A. Metrolink Station — 300 E. A Street. Total hours per week = 117.0 Monday thru Friday 4:00am-9:00pm (17.0 hrs. per day) Saturday 7:00am-11:00pm (16.0 hrs. per day)
Sunday 7:00am-11:00pm (16.0 hrs. per day)
Designated Metrolink Parking Lots are officially located at the following locations:
1. All parking lots located on the south side of"A" Street between 1st Ave & 6th Ave.
2. Parking lot located on the south west corner of 2nd Ave & Stowell Street.
Provide Security Guard services for Metrolink Train Station and adjoining parking lots. Services include platform security, patrol routes and parking lot surveillance.
Perform random patrols that cannot easily be timed by people planning to execute illicit activities while security's attention is elsewhere. Vendor is to furnish, install and maintain electronic patrol tour verification devices at these locations. Note — Station Platform Security Guard visual presence shall occur during all train service stop times.
3. Definitions
A. Daily Activity Report: "Daily Activity Report" as used herein includes the daily log, and a printout of the scan log from the tour verification system of the guard's locations throughout his or her shift.
B. Daily Log: "Daily Log" as used herein is a detailed written log prepared by the individual guards documenting all activities during their individual working hours.
C. Shift: "Shift" as used herein is the period services are to be provided at a given facility during a 24hour period. Example: M-TH, 7am-7pm is four twelve-hour shifts per week with each shift beginning at 7:00 am and ending at 7:00 pm. regardless of how the vendor covers the shift.
14
4. General Requirements
A. Vendor shall possess a current private operator's number/Private Patrol Permit number from the State of California Department of Consumer affairs, bureau of Security and Investigative Services. The contract will be automatically nullified should the license become expired, suspended or revoked.
B. Vendor shall have at least five (5) years continuous professional experience in providing and managing security services in similar settings. Experience providing services to local governments preferred.
C. Vendor shall have no record of unsatisfactory performance. Vendors who are or have been deficient in current or recent contract performance, in the absence of circumstances properly beyond the control of the Vendor, shall be presumed to be unable to meet this requirement.
D. Security Guards provided by the successful Vendor shall be registered with the California Department of Consumer Affairs and shall possess a current, valid Guard Registration Card while on duty.
E. Security Guards are to possess valid CA driver's license and must be at least 21 years of age.
F. Security Guards shall be trained and certified and have at least three (3) years continuous professional experience.
G. The successful Vendor shall be required to enter a PSA with the City and comply with all Insurance requirements stated therein.
H. Each security guard provided by the Vendor shall have the ability to read and write the English language; obtained a high school diploma or G.E.D.; understand and carry out oral and written directions; think and act quickly and effectively in emergencies; and write accurate and clear reports.
I. Vendor shall ensure that Security Guards are neat in appearance, wear a uniform with name tag and security officer badge as normally worn in commercial security services.
J. Vendor shall furnish, install and maintain electronic post management / patrol tour verification devices at all locations for which services are provided under said contract.
K. Post Management / Tour Verification System shall;
1. Use either RFID tags, bar codes, QR codes or other approved devices at all security locations.
15
2. Log the hours of patrol through individual scans as guards pass the point.
3. Use GPS to validate the position of the devices when scanned.
4. Provide a separate continuous, real time, GPS track of all vendor owned vehicles' movements and locations during service hours. Vehicle log shall include vehicle speed at any given point in time.
5. Provide the City with real time web-based access to the tour verification system, including but not limited to patrol log, maps with patrol routes and timelines, incident reports, and any other information related to services performed for the City.
6. Be in place and fully operational within thirty days of the notice to proceed.
7. Notify City staff if the system goes off-line for any reason during the term of the contract. If the system is off-line the daily log portion of the daily activity reports shall be submitted to the City Representative within 24 hours of the end of each shift at the affected locations. Failure to provide daily activity reports during system outages within 24 hours of the end of each shift will result in deductions pursuant to "Special Provisions" Section 7.B.
8. Have the capability to be back online with 72 hours of an outage. Failure to have the tour verification system online within 72 hours will result in deductions pursuant to "Special Provisions" Section 7.A.
L. Vendor shall provide flashlights, batteries, cell phones, radios, security vehicles, reporting forms, electronic patrol tour verification devices and other supplies needed to perform duties as described herein.
M. Vendor shall provide all necessary Personal Protective Equipment (PPE) & sanitary supplies to all security staff members while on duty.
N. Vendor shall prepare daily activity reports for each shift for which services are provided under this contract. The daily activity report shall include the daily log prepared by the guard on duty, a printout of the scan log from the tour verification system and a printout of the GPS track recording the guard's location throughout the shift. Daily activity reports shall be submitted to the City Representative on a monthly basis for a billing period and shall be submitted with each invoice.
O. Vendor shall notify the City Representative by telephone of any accidents or incidents occurring on City property. Said notification shall be made as soon as the situation has stabilized, and it is safe for the guard to do so. In addition, an incident report shall be prepared for all significant incidents occurring during each shift. If there were no significant incidents during a shift an incident report shall be prepared stating that no significant incidents occurred during the shift. Incident reports shall be submitted to the City Representative on a weekly basis by 12:00 16
noon on Tuesday of the following week unless requested sooner by the City representative. In addition, all incident reports for a billing period shall be submitted with each invoice.
P. Vendor will maintain daily, weekly, and monthly statistics for incident reports, electronic patrol tour reports and provide written reports to the Facilities Superintendent attached to the monthly invoices or upon request.
Q. Vendor will exercise professional judgment and caution in responding to or discovering unsafe conditions, emergency situations and criminal activity. The Vendor will be solely responsible to provide training of all Security Officers in the appropriate response to unsafe conditions, emergency situations and criminal activity.
R. Vendor may be required to provide Security Officers upon special request of the City to arrive within a one-hour period. This may include crowd control, site/perimeter security, secure transportation of performers, and personal protection for performers and/or VIP talent security in relation to performances at City venues.
S. Upon award of a contract the successful Vendor shall identify a contact that will be assigned and responsible for management of the contract and coordination of services directly with the City's contact identified within the PSA. All changes in schedules, requests for service, additional services, etc. shall be mutually agreed upon by way of Addendum signed by both parties, prior to any changes in service being made.
T. Additional service charges shall be in accordance to those rates quoted herein.
Any changes in scope, schedules, additional services, etc. shall be denied payment unless documented in writing by way of Addendum and signed by both parties.
U. In accordance with Proposal Summery Sheet-9, Guard Mobility Options are defined as the following.
1. Foot Patrol — Security Guard to remain "On Foot" only to perform and survey all required tasks as defined.
2. Personal Transporter Device — Security Guard to utilize personal transporter device, i.e. Segway device or similar and/or perform "On Foot" patrols to survey/carryout all required tasks as defined.
3. Golf Cart Unit— Security Guard to utilize Golf Cart type unit and/or perform "On Foot" patrols to survey/carryout all required tasks as defined.
Note — Vendor to provide secure location / storage regarding options #2 & #3. 17
EXHIBIT "B"
PROPOSAL SUMMARY SHEET
NAME OF PROPOSER: American Global Security, Inc.
The undersigned, hereby declare that we have carefully examined the location of the proposed services, and have read and examined the Contract Documents, including all conditions, specifications, and all Addenda, if any, for Metrolink Station Security Guard Services, 21 — 001
We hereby propose to furnish all labor, materials, equipment, tools, transportation, PPE and services, and to discharge all duties and obligations necessary and required to perform and complete the Project based on the unit prices for the following:
PROPOSED SCHEDULE OF RATES
METROLINK STATION SECURITY GUARD SERVICES
Guard Regular I Regular I Regular/ Holiday/OT. Holiday/OT. Holiday/OT. Annual Total Mobility Straight Straight Straight Hr. Hrs. Hr. Rate Hr. Subtotal Cost Options Hrs. Est. Hr. Rate Subtotal Est. Annual Annual
Foot Patrol
Guard 6,000 Hrs. $ 21.99 $ 131,940.00 102 $ 32.98 $ 3,364.47 $ 135,304.47 Services
Personal
Transporter 6,000 Hrs. $ 23.50 $ 141,000.00 102 $ 35.25 $ 3,598.50 $ 144,598.50 Guard
Services
Golf Cart
Guard 6,000 Hrs. $ 22.99 $ 137,940.00 102 $ 34.48 $ 3,517.47 $ 141,457.47 Services
• Includes: ALL labor & associated cost as detailed in Exhibit "A" "Scope of Services" American Global Security, Inc. CA PPO 120021
Contractor: (Co. Name) License #
Signed: Date:
Name: Title:
18
EXHIBIT C
Activity Schedule
N/A
19
EXHIBIT D
Federal Requirements
N/A
20
4,a trpl CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: May 28,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR
STEVEN NIX, CONTRACT PROJECT MANAGER
SUBJECT: MEMORIAL PARK PAVEMENT REHABILITATION NOTICE OF COMPLETION RECOMMENDED ACTION:
It is recommended that the City Council accept the work; authorize the City Manager or his designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Memorial Park Pavement Rehabilitation Project.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining the City's public roadway and park infrastructure.
BACKGROUND
On December 11,2023,the City Council awarded the Memorial Park Pavement Rehabilitation project to Onyx Paving Company, Inc. and authorized up to $1,150,000 (including contingencies) for the work. The project consisted of replacement of all existing asphalt berms with new PCC curbs,installation of new PCC V-gutters and other drainage features to better handle rain fall run-off,installation of new ADA ramps where needed and installation of an asphalt concrete overlay on all access roadways within and around the park site.
ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements.The City can now accept the work,file the Notice of Completion, and reduce the Faithful Performance Bond to 10%. The City will retain the Labor & Materials Bond for six (6) months and release it, thereafter, provided no liens or stop notices are filed against the project.
ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c)(Existing Facilities),of the CEQA guidelines.The project involves repair and maintenance of existing public facilities, and does not involve any expansion of use beyond that which is existing.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Determined to be categorically exempt from further environmental review pursuant to Section 15301(c).
Recording requested by
and when recorded mail to:
City of Upland, City Clerk's Office
460 N. Euclid Avenue
Upland, CA 91786
(Space above this line for Recorder's use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:
The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.
Assessors Parcel Numbers N/A, in and to the hereinafter described property.
The work was completed on that certain work known as Project No. 16163, Memorial Park Pavement Rehabilitation Project for the undersigned City of Upland, a Municipal Corporation, on the 6th day of May, 2024.
The City accepted the job on the 28th day of May, 2024.
The Contractor on said job was Onyx Paving Company, Inc. of Anaheim, California.
The improvement(s) consisted of the replacement of all existing asphalt berms with new PCC curbs, installation of new PCC V-gutters and other drainage features to better handle rain fall run-off, installation of new ADA ramps where needed and installation of an asphalt concrete overlay on all access roadways within and around the park site; and the location of the improvements occurred within Memorial Park located on the south side of Foothill Blvd. at 13th Avenue, in Upland, California.
The surety was SiriusPoint America Insurance Company.
All communications relating to the contract should bear the number above mentioned.
I hereby certify under penalty of perjury that the foregoing is true and correct.
Executed this 28th day of May 2024 at Upland, California.
City of Upland, a Municipal Corporation
Michael Blay, City Manager