Upland City Council
July 22, 2024

- 17 -

SIGNATURE PAGE FOR

PARK RESTROOM MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND GUARANTEED JANITORIAL SERVICE, INC.

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

CITY OF UPLAND
APPROVED BY:

MICHAEL BLAY
City Manager

ATTESTED BY:

KERI JOHNSON
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

GUARANTEED JANITORIAL SERVICE, INC.

By:

Its:

President_______________________________
Printed Name:

Elias Ochoa Jr.__________________________

By:

Its:

C.E.O. ______________________________
Printed Name:

Mary Ochoa_____________________________

__N/A_________________________________
Contractor’s License Number

JS – LR - 1001074029___________________
DIR Registration Number

EXHIBIT A

EXHIBIT A

SCOPE OF SERVICES
Restroom Cleaning
• Clean restrooms daily at closing, 365 days per year.
• Closing times will start at 9:00pm
• Contractor will close / lock restrooms after cleaning service. • Restroom cleaning includes but is not limited to removing all litter and debris, sweeping, and washing floors utilizing garden hose & water, scrubbing toilets, sinks and urinal with disinfecting cleaner, and refilling toilet paper as needed. • Stock supplies (Toilet paper only-Contractor to provide) • Wipe down with sanitizer solution, faucets, sinks, hand dryers, changing stations. • Remove/easily removable smudges and/or writing on walls & partitions. • Removal of debris, cobwebs, tape, and staples.
• Report any and all issues and/or maintenance items to Upland Public Works.

Service Locations
Park Restroom Facilities are located at the following locations:
• Citrus Park
• Olivedale Park
• Bike Trail Restroom
• Memorial Park - Rotary Field
• Memorial Park - Skatepark
• Baldy View Park
• Cabrillo Park
• Greenbelt Park
• Magnolia Park
• Sierra Vista Park
• McCarthy Park
• San Antonio Park

Exhibit B

EXHIBIT B

COMPENSATION

Public Park Restroom Facilities Cleaning Proposal Schedule (Friday – Sunday) Location
Restrooms Daily Cost
Closing / Full Clean Friday – Sunday (3)
1 Citrus Park – 8th St. & Sherman Way Friday - Sunday $ 24.91 2 Olivedale Park – 8th Street East of Sultana Ave. Friday - Sunday $ 24.91 3 Bike Trail Restroom – 2nd Ave. South of D St. Friday - Sunday $ 24.91 4 Memorial Park – Rotary Field Friday - Sunday $ 24.91
5 Memorial Park – Skatepark Friday - Sunday $ 24.91
6 Baldy View Park – 11th Street East of Mountain Friday - Sunday $ 24.91 7 Cabrillo Park – 11th Street East of Benson Ave. Friday - Sunday $ 24.91 8 Greenbelt Park – 15th Street East of Benson Av. Friday - Sunday $ 24.91 9 Magnolia Park – 15th Street East of San Antonio Friday - Sunday $ 24.91 10 Sierra Vista Park – 15th Street & 2nd Ave. Friday - Sunday $ 24.91 11 McCarthy Park – San Antonio & 20th Street Friday - Sunday $ 24.91 12 San Antonio Park – Mountain & 24th Street Friday - Sunday $ 24.91 * Daily Total ~~~~~~ $ 298.92

Public Park Restroom Facilities Cleaning Proposal Schedule (Monday – Thursday) Location Restrooms Daily Cost
Closing / Full Clean Monday – Thursday (4)
1 Citrus Park – 8th St. & Sherman Way Monday - Thursday $ 17.62 2 Olivedale Park – 8th Street East of Sultana Ave. Monday - Thursday $ 17.62 3 Bike Trail Restroom – 2nd Ave. South of D St. Monday - Thursday $ 17.62 4 Memorial Park – Rotary Field Monday - Thursday $ 17.62 5 Memorial Park – Skatepark Monday - Thursday $ 17.62
6 Baldy View Park – 11th Street East of Mountain Monday - Thursday $ 17.62 7 Cabrillo Park – 11th Street East of Benson Ave. Monday - Thursday $ 17.62 8 Greenbelt Park – 15th Street East of Benson Av. Monday - Thursday $ 17.62 9 Magnolia Park – 15th Street East of San Antonio Monday - Thursday $ 17.62 10 Sierra Vista Park – 15th Street & 2nd Ave. Monday - Thursday $ 17.62 11 McCarthy Park – San Antonio & 20th Street Monday - Thursday $ 17.62 12 San Antonio Park – Mountain & 24th Street Monday - Thursday $ 17.62 * Daily Total ~~~~~~ $ 211.44

July 9, 2024

Richard Smiderle
Public Works Operations Manager City of Upland
1370 N. Benson Ave.

Upland, CA 91786
RE: Public Parks Restroom Facilities Cleaning & Lockup Services Dear Mr. Smiderle,
Guaranteed Janitorial Service, Inc. is excited for the opportunity to partner up with the City of Upland for the Public Parks Restroom Facilities Cleaning & Lockup Services.

At this time, we would like to propose a new Public Parks Restroom Facilities Cleaning & Lockup Services contract under a "piggyback" approach on the City of Chino’s latest contract. The rates found under City of Chino’s contract are competitive among the industry.

We hereby agree to offer the same unit prices, terms and conditions as City of Chino’s current contract.

Recently sent to you for your review were copies of City of Chino’s RFP.

We look forward to building a strong relationship with the City of Upland as we provide quality Cleaning Services. Should you have any questions or require additional information, please contact me at (909)465- 5542.

Sincerely,
Jazmin Alvarez
Project Manager
Sincerely,
Jazmin Alv arez

GUARANTEED JANITORIAL SERVICES, INC.

P R E S E N T E D T O

CITY OF UPLAND-PUBLIC PARKS RESTROOM FACILITIES
CLEANING & LOCKUP SERVICES 23-002
June 6, 2024

P R E S E N T E D B Y

JAZMIN ALVAREZ

ADMINISTRATOR
GUARANTEED JANITORIAL SERVICES, INC.

June 6, 2024

Richard Smiderle, Operations Manager
Public Works Department-Corporate Yard
1370 N. Benson Avenue
Upland, Ca 91786

Dear Mr. Richard Smiderle:

We at GUARANTEED JANITORIAL SERVICES, INC. are excited by the opportunity to serve the City of Upland Park Restrooms and create a long-term partnership. With that in mind, GJS wants to assure you that we are committed to the absolute success of this cleaning services contract. Again, I want to thank you for giving us this opportunity to take part in this cleaning services procurement. With our demonstrated past performance for delivering quality services, our competitive pricing, our leading technology to gain efficiencies, and our vast government and municipality janitorial experience and programs, you can be confident that the City of Upland will receive the best value for a quality custodial service program by GJS every day of the year.

IDENTIFICATION OF PROPOSER
Guaranteed Janitorial Service, Inc. is a Professional Janitorial Service based in the City of Chino, CA. Founded in 1977, as a Veteran owned company, Guaranteed Janitorial Service, Inc. was built on the principles of Honesty, Reliability, and Customer Satisfaction as the key notes. We have operated from our main office located at 13039 Eleventh Street, Chino, California since 1994. Our office telephone line is 909-465-5542. Reach us via email [email protected] Jazmin Alvarez will be your main point of contact. We specialize in providing top-notch janitorial service for local businesses and Government Owned facilities. We guarantee excellent customer service with the resources to ensure you get consistent, 24/7 service.

PROPOSER’S QULIFICATIONS
The GJS custodial program for the City of Upland Park Restrooms that is incorporated within our offering is designed to enhance your facilities image and appearance and create clean, healthy, and well-maintained environments in a safe manner. We ensure absolute strict compliance with the detailed specifications, frequencies, performance requirements and contract terms contained within the RFP documents. Backed by GJS’s local janitorial services management office located at 13039 11th Street, Chino, Ca 91710, skilled project teams and experienced managers, your custodial team will be given the necessary leadership and guidance to consistently perform. Most importantly, every member of our staff will be focused on supporting and meeting the needs of your facility. We are heavily experienced in the field of Park Restroom cleaning, we successfully continue to service park restrooms for the City of Chino, City of Chino Hills, City of Corona , City of Riverside & City of Perris. Jazmin Alvarez of Guaranteed Janitorial Service, Inc., is tailor-made for this opportunity because of her expertise in the commercial cleaning field. As a veteran of the industry, Jazmin has over 15 years’ experience. Other members of the management team include:

Martha E. Ortiz-Office Manager
Monique Ochoa-HR
Ralph Santana-Quality Control Supervisor

PROPOSER STATEMENT
Guaranteed Janitorial Services, Inc. accepts the RFP and City’s Professional Services Agreement without any exceptions. This proposal shall remain valid for a period of not less than 120 days from the date of submittal.

By signing below, we attest that all information submitted with the proposal is true and correct.

Please contact me with any questions at (909) 465-5542 or by email at [email protected] we look forward to connecting with you after you have an opportunity to review the enclosed proposal.

Sincerely,

Jazmin Alvarez-Administrator

Customer Service:

Customer Service Policy
During interactions with our staff, customers can expect to:
• Be acknowledged appropriately
• Be treated courteously and respectfully
• Be valued for their input
• Receive prompt and timely service
• Receive knowledgeable service and professionalism from all staff • Have their privacy and confidentiality respected
• Have responsive, community-oriented service
• Guaranteed Janitorial Service, Inc. is in business to provide thorough and consistent facility maintenance services to our customers, along with numerous related services. We are dedicated to making every customer experience with us a positive one and earning your continued business. We work very hard to make your entire experience with us a seamless one.

This Customer Service Plan addresses a number of the service goals we have defined for Ourselves.

Every customer is important to Guaranteed Janitorial Service, Inc. and we are dedicated to provide the best possible service.

Reports:

Our Goal is to provide you with the best service to achieve your complete satisfaction. In order to ensure our quality standards are upheld, GUARANTEED JANITORIAL SERVICE, INC. implements the following practices:
• Professionally engineer and schedule all work to be accomplished • Regular Performance reviews for our employees to ensure continuous motivation as well as instill "pride and craft." • Weekly site visitation & thorough cleaning inspection by a representative of GUARANTEED JANITORIAL SERVICE, INC.
• Frequent contact with your contract administrator, to assure all maintenance needs are being met. • Supervisor will be available on site during each night shift. • On call emergency service will be available 24 hours/ 7 days a week/365 days a year. • Documentation of site visitations, inspections, reports, and all other forms regarding quality control will be housed at our office and readily available for your review at you request. •
Emergencies shall be personally handled by the supervisor on duty within the hour as they occur.

Monitoring Contract Performance

To effectively manage the contract, we will establish controls and regularly monitor performance to ensure all work is completed within the requirements of the contract.

Our contract manager will exercise control of quality through a series of progress reports, site visits, and meetings. Meetings will be arranged at a reasonable frequency with the Contract Administrator. At the commencement of the contract, our contract manager will visit on a daily basis and after the first weeks perhaps on a weekly basis, then a monthly basis, depending upon the complexity of the work to be accomplished. This will ensure positive results in achieving your complete satisfaction.

Our contract manager will review the progress of all work done to determine if all needs specified within the custodial contract are being satisfied. Problem areas are to be acted upon promptly and corrective action taken. Any emergency situation will be handled by our on-site supervisors on the hour as they occur.

In order to assure all tasks and frequencies are being followed we will create custom log sheets for each building we will be servicing at your site. We will have one log for the daily tasks specified in the contract and another for all floor work scheduled. Utilizing these log sheets will ensure all tasks are being completed in accordance with the contract specifications.

Adequate documentation of monitoring activities will be maintained by our contract manager and will be readily available for review upon your request. Contract files will include copies of emails, letters, meeting notes, and documentation of phone conversations as evidence that conscientious monitoring is occurring throughout the duration of the contract.

Correcting Deficiencies in Contract Performance

Specific deficiencies and safety violations will be documented on an inspection form at the time it is observed. It will be signed by the inspector and the custodian. The date and time agreed upon for re-inspection will be indicated on the form. A copy of this form will be given to the custodian, and the other copy will be retained by the inspector as a reminder of follow- up inspection. Once deficiencies have been satisfactorily corrected, the inspector will note such on the form and attach it to the QA report. Follow through will be our keynote of our deficiency correction process. All documentation will be available upon request by your contract administrator.

Specifications
Restroom Cleaning

• Clean restrooms daily at closing, 365 days per year. (Closing times will be at 9 pm ) • Contractor will close / lock restrooms after cleaning service. • Additional hours may be requested on weekends, rentals, and special events, contractor will be notified no less than 7 days in advance.
• Restroom cleaning includes but is not limited to removing all litter and debris, sweeping, and washing floors utilizing garden hose & water, scrubbing toilets, sinks and urinal with disinfecting cleaner, and refilling toilet paper as needed. • Stock supplies (toilet paper only -Contractor to provide) • Wipe down with sanitizer solution, faucets, sinks, hand dryers, changing stations. • Remove/easily removable smudges and/or writing on walls & partitions. • Clean & sanitize high touch areas & doorways.
• Removal of debris, cobwebs, tape, and staples .
• Report any and all issues and/or maintenance items to Upland Public Works.

3. Service Locations
Park Restroom Facilities are located at the following locations:

• Citrus Park
• Olivedale Park
• Bike Trail Restroom
• Memorial Park = 2 (Rotary Field & Skatepark)
• Baldy View Park
• Cabrillo Park
• Greenbelt Park
• Magnolia Park
• Sierra Vista Park
• McCarthy Park
• San Antonio Park

(SERVICE SPECIFICATIONS END)

SCHEDULE OF SERVICES
MAINTENANCE DAYS: Monday through Sunday

Location Restrooms
Mon - Sun
Closing
Cleaning
1 Citrus Park Mon - Sun 9 pm
2 Olivedale Park Mon - Sun 9 pm
3 Bike Trail Restroom Mon - Sun 9 pm
4 Memorial Park=2 (Rotary Field & Skatepark) Mon - Sun 9 pm 5 Baldy View Park Mon - Sun 9 pm
6 Cabrillo Park Mon - Sun 9 pm
7 Greenbelt Park Mon - Sun 9 pm
8 Magnolia Park Mon - Sun 9 pm
9 Sierra Vista Park Mon - Sun 9 pm
10 McCarthy Park Mon - Sun 9 pm
11 San Antonio Park Mon - Sun 9 pm

DAILY SERVICE RATE FOR CLEANING 12 SETS OF RESTROOMS AT 11 PARK LOCATIONS.

INCLUDES TOILET PAPER, TO BE PROVIDED BY GUARANTEED JANITORIAL SERVICE.

BID TOTAL PRICE IN WORDS: ONE THOUSAND, SEVEN HUNDRED & FORTY -TWO DOLLARS & FIFTY -TWO CENTS PER WEEK (7 DAYS PER WEEK SERVICE). GUARANTEED JANITORIAL TO PROVIDE TOILET PAPER .

Location Restroom Closing Full Clean-Daily Rate
INCLUDING TOILET PAPER Mon - Thurs
1 Citrus Park Mon - Thurs $17.62
2 Olivedale Park Mon - Thurs $17.62
3 Bike Trail Restroom Mon - Thurs $17.62
4 Memorial Park=2 (Rotary Field & Skatepark) Mon - Thurs $35.24 5 Baldy View Park Mon - Thurs $17.62
6 Cabrillo Park Mon - Thurs $17.62
7 Greenbelt Park Mon - Thurs $17.62
8 Magnolia Park Mon - Thurs $17.62
9 Sierra Vista Park Mon - Thurs $17.62
10 McCarthy Park Mon - Thurs $17.62
11 San Antonio Park Mon - Thurs $17.62
Daily Total (12 sets of restrooms) Mon - Thurs $211.44
Location Restroom Closing Full Clean-Daily Rate
INCLUDING TOILET PAPER Fri - Sun
1 Citrus Park Fri - Sun $24.91
2 Olivedale Park Fri – Sun $24.91
3 Bike Trail Restroom Fri – Sun $24.91
4 Memorial Park=2 (Rotary Field & Skatepark) Fri – Sun $49.82 5 Baldy View Park Fri – Sun $24.91
6 Cabrillo Park Fri – Sun $24.91
7 Greenbelt Park Fri – Sun $24.91
8 Magnolia Park Fri – Sun $24.91
9 Sierra Vista Park Fri – Sun $24.91
10 McCarthy Park Fri – Sun $24.91
11 San Antonio Park Fri – Sun $24.91
Daily Total (12 sets of restrooms) Fri – Sun $298.92

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? ___ YES If yes, please identify the Council Member(s):
___ NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.

_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name

(Levine Act definitions on reverse side)
07/11/2024
Guaranteed Janitorial Service, Inc.
4 4

LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS

Term Definition Law
Covered
"proceedings"
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.

FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the
subject of, a proceeding involving a license, permit, or other entitlement for use.

Gov. Code 84308(a)(1)
Participant
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a
particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.

Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for the
purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.

FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the
successful bidder refuses or fails to execute the
contract, to the next lowest bidder with a responsive
bid.

FPPC Reg
18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective
bargaining or with a representative group regarding
the salary, benefits, or terms and conditions under an
employment or retirement policy for employees or
retirees, including a project labor agreement entered
under Public Contract Code Section 2500.

FPPC Reg
18438.2(a)(3)(B)
Personal
Employment
Contract
A contract for employment, including the terms and
conditions of employment, between the agency and
an agency employee. A contract with an independent
contractor is NOT a personal employment contract.

FPPC Reg
18438.2(a)(3)(C)-(D)

REQUEST FOR PROPOSAL
MUST BE SUBMITTED ONLINE BY:

CITY OF CHINO
13220 CENTRAL AVENUE
CHINO, CA 91710

Date: May 23, 2022

June 7, 2022 at 11:00 AM PDT
Date/Time
XXX
RFP Number

COVER PAGE

The City Council of the City of Chino, hereinafter referred to as “City” is seeking proposals from qualified firms, hereinafter referred to as “Proposers” to establish a contract for:

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING
Work provided shall be in accordance with the Scope of Services requirements attached hereto and incorporated herein by this reference as Section III.

All proposals must be submitted online via Planet Bids at https://www.planetbids.com/portal/portal.cfm?CompanyID=26384 .

City will reject proposals submitted other than through Planet Bids.

Electronic Proposals are due on or before the date and time specified above.

Proposers are not to contact any City personnel with any questions or clarifications concerning this RFP. All official communication concerning this RFP will be through Planet Bids –RFP#---------.

Any City response relevant to this RFP other than through Planet Bids is unauthorized and will be considered invalid.

PROPOSALS WILL BE VALID FOR 120 DAYS AFTER CLOSING DATE I have read and understand and agree to the terms and conditions herewith, and I am submitting a Proposal in response to this solicitation.

Date: ____________________ Company Name: _________________________________________

*Authorized Signature Name Title

*Authorized Signature Name Title

*If a corporation, the document must be signed by two corporate officers. The first signature must be either the Chairman of the Board, President, or any Vice President. The second signature must be either the Secretary, an Assistant Secretary, Chief Financial Officer, or any Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.

RETURN THIS COVER PAGE WITH YOUR PROPOSAL

LATE PROPOSALS WILL NOT BE ACCEPTED

SECTION I: INTRODUCTION AND INSTRUCTIONS TO PROPOSERS

A) OVERVIEW

The City of Chino is seeking proposals from qualified vendors to perform public park restroom facilities and canopy cleaning - EXHIBIT A – SCOPE OF SERVICES of the Services Agreement in Section V. of this RFP All appurtenant work as required by the Specifications.

The City desires to establish a contract with one Contractor in order to enable the City to provide and maintain a high level of customer service and reduce peak turn-around timeframes on plan reviews during busy work periods.

The selected Contractor will provide services per an initial three-year (3) agreement with the option to renew for two (2) additional one-year (1) periods.

The City intends that the successful Proposer(s) shall provide the services requested in accordance with EXHIBIT A – SCOPE OF SERVICES of the Services Agreement in Section V. of this RFP, which includes all exhibits, attachments, and appendices with negotiated modifications.

Description of Work – Clean city restroom facilities and canopy areas city per scope of work (EXHIBIT A)

B) PROPOSED SCHEDULE

Questions Due 5:00 p.m. PDT. May 30, 2022
Electronic Proposals Due Date 11:00 AM PDT– June 7, 2022 Evaluation Period June 8, 2022 – June 14, 2022
City Council Contract Award Date June 21, 2022

C) INSTRUCTIONS TO PROPOSERS AND PROCEDURE FOR SUMBITTAL

1. Submission of Proposal:

Proposals must be submitted online at:

https://www.planetbids.com/portal/portal.cfm?CompanyID=26384 .

City will only accept proposals submitted online via Planet Bids on or before the Proposal Due Date specified in this RFP. Refer to Invitation Number “RFP# -----------.” Interested firms must be registered on the City’s Planet Bids portal in order to participate in this RFP.

All documents specified in Section II – Proposal Requirements shall be scanned and uploaded to Planet Bids. Any proposal submitted other than in the manner specified in this RFP will be rejected.

2. Questions and Addenda: All questions or requests for interpretation regarding this RFP must be submitted online through Planet Bids. Proposers are not to contact City personnel with any questions or clarifications concerning this RFP other than through Planet Bids. Any City response for this RFP that is not posted through Planet Bids is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued. Any interpretation of or correction to this solicitation will be made only by addendum issued through Planet Bids. It is the responsibility of each Proposer to ensure that they have received and reviewed any and all addenda to this RFP. For technical support with the Planet Bids system, contact Planet Bids at (818) 992-1771.

3. Validity of Proposals: Proposals must be valid for a period of at least 120 calendar days from the closing date and time for receipt of proposals.

4. Proposals are not to be marked as confidential or proprietary. City may refuse to consider any Proposal so marked. Proposals submitted in response to this RFP may become subject to public disclosure. City shall not be liable in any way for disclosure of any such records.

Additionally, all Proposals shall become the property of the City.

5. Proposer RFP Examination: By submitting a Proposal, Proposer represents that it has thoroughly examined City’s requirements and is familiar with the services required under this RFP and that it is qualified and capable of providing the services to achieve City’s objectives.

6. Proposal Compliance: Each Proposer must submit its Proposal in strict accordance with all requirements of this RFP and compliance must be stated in the Proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items for the City’s consideration.

7. Proposal Rejection: Any Proposal may be rejected if it is conditional, incomplete, or deviates from specifications in this RFP. City reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects, or other improprieties which City deems reaso nably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from full compliance.

8. Pre-Contractual Expenses: The City shall not, in any event, be liable for any pre-contractual expense incurred by the Proposer in the preparation of its proposal. Pre-contractual expenses are defined as expenses incurred by the Proposer in:
a. Preparing its proposal in response to this RFP
b. Submitting its proposal to the City
c. Negotiating with the City on any matter related to the proposal d. Any other expenses incurred by the Proposer prior to date of contract award

9. Negotiations: City reserves the right to: a) negotiate the final Contract with any Proposer(s); b) withdraw this RFP in whole or in part at any time without prior notice and, furthermore, makes no representations that any Contract will be awarded to any Proposer respond ing to this RFP; c) award its total requirements to one Proposer or to apportion those requirements among two or more Proposers; or d) reject any proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP. In addition, negotiations may or may not be conducted with Proposer; therefore, the Proposal submitted should contain Proposer’s most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.

10. Contract: It is anticipated that the contract (model agreement in Section VI) resulting from this RFP, if awarded, will be effective for three years, with the option to renew for two additional one- year periods. The City reserves the right to cancel the contract any time upon thirty (30) days prior written notice to Contractor of its intent to terminate.

11. Protest Procedure: Only a proposer who has actually submitted a proposal in response to this RFP is eligible to submit a protest. The City will not accept or entertain RFP protests from anyone who did not submit a proposal for the project or work being protested.

Proposers may file a protest of an RFP with the Finance Department – Purchasing Division, City of Chino - 13220 Central Avenue, Chino, CA 91710, up to 4:00 p.m. on the fifth business day after the date the Notice of Intent to Award was announced.

At the time of the filing, the protest shall be:

a. submitted on the proposer’s formal letterhead and include the proposer’s company name, address, phone number and the name and title of the individual filing the protest.

b. list the reasons for the protest including the specific section of the documents or technical specifications being disputed and shall site any statutes or case law supporting or serving as the basis for the protest and describe how they support the item(s) being disputed.

If the protest does not meet these requirements, the City will reject it without further review. If the protest is submitted on time and complies with all the above requirements, the Director of Finance or his designee, shall review the protest and all relevant information submitted by the protestor.

The City will provide a written response to the protestor. The City has the right to respond to any protest until the date on which the contract is awarded by the Chino City Council.

The procedure and time limits set forth in this paragraph is mandatory and is the sole and exclusive remedy in the event of an RFP protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the proposal

protest, including filing a Government Code Claim or legal proceedings.

If the City determines that the protest is frivolous, the party originating the protest may be determined irresponsible and that party may be determined to be ineligible for future contract awards.

12. Local Business Preference: The City of Chino has adopted a Local Business Preference Ordinance (Ordinance #96-08) in order to promote City businesses. The terms of the ordinance provide the City with the option of reducing bids from qualified local vendors by as much as five percent (5%) in determining the lowest responsible bid. Contract or Purchase Order will be awarded at the preference bid amount. If your company is located within the City, you may qualify for this preference under the guidelines of the Local Business Preference Ordinance. In order to comply under the terms of the local Business Preference Ordinance, companies responding to a City Invitation for Bid or Request for Proposal must submit a completed Local Business Preference Application form with their bid or proposal.

13. California Wage Rate Requirements: Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California (including sections 1771 and 1773.2), the City has obtained from the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type o f workers needed to perform the Work, and they are on file in the office of the City Clerk, 2 nd Floor, City Hall, 13220 Central Avenue, Chino, CA 91710. The Contractor to whom the Contract is awarded, and its subcontractors, shall pay to all workers in the performance of the Work not less than the prevailing rate of wages needed to execute the contract. Copies of schedules of prevailing wage rates may be obtained on the California Department of Industrial Relations website http://www.dir.ca.gov/dlsr .

14. Department of Industrial Relations (DIR) Compliance: This project is a public work and is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). In bidding on this work, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

15. Registration with the Department of Industrial Relations: Pursuant to Labor Code sections 1725.5, 1771.1, and SB 854, Public Works Contractor Registration Program, all contractors and subcontractors who bid or work on Public Works projects must be registered with, and pay an annual fee to, the State Department of Industrial Relations (DIR), subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5), provided that contractors and subcontractors subject to such exceptions shall be registered with the DIR at the time the contract is awarded. No bid will be accepted, except as provided above, nor any contract entered into, without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractor, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

*** End of Section I ***

SECTION II: MINIMUM QUALIFICATIONS AND PROPOSAL REQUIREMENTS

In order to qualify for selection, proposer must meet the following minimum requirements:

1. Must be able to execute the City’s Professional Services Agreement.

2. Must possess a valid California State Contractor’s License, A, throughout the duration of the project and shall be experienced in performing similar services required by the Agreement for Contractor Services.

3. Must have sufficient experienced personnel and equipment to perform all work required by the Agreement for Maintenance Services.

4. Must have a proven track record of having provided custodial maintenance services for minimum one (1) or more cities and/or communities over the past two (2) years.

Each Proposal submitted in response to this Request for Proposal (RFP) shall be submitted as follows:

A) COVER SHEET: Submit the completed RFP cover sheet.

B) LETTER OF TRANSMITTAL: A one-page Letter of Transmittal shall be addressed to David McAbee - Public Works Services Manager, and shall, at a minimum, contain the following information:

1. Identification of Proposer who will have contractual responsibility with the City of Chino.

Identification shall include legal name of company, address from which the services will be managed, telephone number and e-mail address of the contact person identified during the period of proposal evaluation.

2. A summary of the Proposer’s Qualifications, including a brief description of its proposed representative(s) and key staff. It shall make a commitment to accept the terms and conditions in the RFP and Professional Services Agreement, including acknowledgment of receipt of all amendments or addenda to the RFP.

3. A statement accepting the RFP and City’s Professional Services Agreement without any exceptions. Any proposal submitted with exceptions will be automatically disqualified.

4. A statement that the proposal shall remain valid for a period of not less than 120 days from the date of submittal.

5. Signed statement attesting that all information submitted with the proposal are true and correct.

C) TECHNICAL PROPOSAL

1. Qualifications of the Company
This section of the proposal should establish that the Proposer has the ability to satisfactorily perform the required work; the requisite previous experience on similar assignments; and the stability and professional standing of the Firm.

This section should include, at a minimum:

a. Company Profile
Provide a summary of Proposer’s qualifications and experience to show competence in providing required Service. Include the company’s licenses, work history, organizational structure, equipment, yard/office facilities, and number of employees.

b. Litigation and Contract History
i. Provide a brief description of any:
• Conviction or indictment of the firm or any officer of the firm within the last three years involving alleged fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust law.

• Adjudication or determination by any federal, state, or local agency that the firm or any officer of the firm has violated any provision of law relating to equal opportunity or fair employment.
• Termination of a contract for convenience or for cause. • Proposer shall certify that Proposer has not been disciplined in the last five (5) years as a Contractor by any government body.

c. Project References
i. Provide a list of City and County clients for whom has provided custodial maintenance services, show the length of time service has been provided along with contact information including name, phone and email address. (minimum of three)

2. Qualifications of Personnel
This section should identify the qualifications of the individuals, subc ontractors, and/or suppliers that will be providing services to the City.

a. Provide an organization chart clearly showing all employees who will perform the Service.

b. Identify any subcontractors who will be used. Include licenses and credential information.

c. Provide resumes of all principals of the Company and all individuals who will review plans or who will supervise plan review quality control. Show licenses and other credentials.

3. Understanding and Approach
Describe the services and activities that your firm proposes to provide to the City. Include the following information:
a. Describe the complete plan review procedures to be used, include transmittal of plans, sample checklists, plan control logs, billing process, quality control, resolution of applicant appeals, training, supervision, etc.

b. List of equipment to be used to accomplish Service. Include general description of each equipment.

c. Describe how unforeseen high workloads will be serviced without compromising quality and turnaround time.

d. Describe availability of plan review staff from each discipline for telephone calls during City work hours.

e. Provide any examples in which the firm has worked with clients and the development or adaptation of technology to conduct electronic review of plans, or the digital transmittal of plan comments to clients or customers.

4. Sealed Fee Proposal (Use Form provided AS Exhibit “C” – Schedule of Compensation in the Services Agreement in Section V)
The Fee Proposal form is provided in Exhibit “C’ of the Services Agreement in Section V.

Proposer shall define the fee schedule/pricing information for the services.DO NOT INCLUDE YOUR FEE PROPOSAL WITH YOUR TECHNICAL PROPOSAL.

This original fee proposal must be submitted and received by the RFP due date and time specified. This document must be emailed to the Purchasing Manager, Daniel Vest, at [email protected]. Clearly mark your email SUBJECT with:

SEALED FEE PROPOSAL: RFP# ---------- – PUBLIC PARKS RESTROOM FACILITIES

AND CANOPY CLEANING

Pricing shall remain fixed for the entire term of the Agreement, which includes any additional renewal term.

5. Additional Documents to Submit with Technical Proposal in Planet Bids:

Complete and submit the cover page and Section III with Proposal through Planet Bids

a) ADDENDA ACKNOWLEDGEMENT/SIGNATURE
b) CONFLICT OF INTEREST STATEMENT
c) ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

6. Appendices (limit: 3 pages)

Information considered by Proposer to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Proposers are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices shall be relevant and brief.

*** End of Section II ***

III. Additional Documents to Submit with Proposal

The Documents included in this Section shall be submitted with the Proposal through Planet Bids.

See following pages:

ADDENDA ACKNOWLEDGE/SIGNATURE

CONFLICT OF INTEREST STATEMENT

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

ADDENDA ACKNOWLEDGEMENT/SIGNATURE

This Proposal Response is submitted with respect to the changes to the Request for Proposal included in the following addenda numbers:

_____ _____ _____ _____ _____ _____ _____
1 2 3 4 5 6 7
(Initial above all appropriate numbers)

By signing below, Proposer certifies that the information submitted in response to this Request for Proposal is true and correct. I also understand that failure to submit a completed Proposal response package (fully completed and executed) will result in rejection of Proposal.

Respectfully submitted,

Proposer Signature Date

Print Name / Title

Legal Name of Company Business Address (Actual Address – P. O. Box)

Telephone Number Email Address

CONFLICT OF INTEREST STATEMENT

Provide in this section a statement disclosing any past, ongoing or potential conflicts of interest that your firm, proposed staff, or any subcontractors may have as a result of performing this work.

If there is no conflict of interest, then provide such statement in this section.

If there is a real or perceived conflict of interest that exists with the submission of a proposal or would exist if the Proposer entered into an Agreement with the City of Chino in this proposal, full details should be provided in this section. Detail a plan to manage the conflict of interest.

Proposer Signature Date

Print Name / Title

Proposing Company Name

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

I, _______________________________,the__________________________________________ (Title)

of _____________________________________, certify that the Insurance Requirements set forth in (Proposer’s Company Name)

the Proposed Agreement for RFP# --------- – PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING has been read and understood. I certify that
_______________________________________________’s
(Proposer’s Company Name)

insurance company(ies) ________________________________________ is/are able to provide the (Name(s) of insurance company(ies)

coverages specified.

Authorized Signature Date

*** End of Section III ***

IV. SELECTION PROCESS

A) EVALUATION CRITERIA and WEIGHTS
Proposals must be in compliance with the requirements of this RFP. Selection will be based on the quality and value of the proposal, including comprehensiveness and responsiveness to the requirements outlined in this RFP. The proposals will be evaluated and scored based on the following criteria. The highest possible score is 100 points for the written proposal.

1. Qualifications (30 points)
a. Proposed plan to achieve the Scope of Services described herein and produce the required outcome in a timely manner.
b. Overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Chino to award a contract to the Proposer who furnishes satisfactory evidence that the Proposer has the requisite experience and ability to enable the Proposer to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Proposer, City will weigh the evidence that the Proposer has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.

2. Past Performance (20 points)
a. Professional experience in performing tasks similar in scope and complexity b. Past, recently completed, or on-going street trees maintenance services that will substantiate experience
c. References from customers and/or clients whom you have delivered similar services

3. Understanding and approach to perform required Service (30 points) The proposer’s responsiveness to the RFP including completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:
a. Clear demonstration of the Proposer’s ability to provide services required. b. Approach and proposed methodology to services required. c. Demonstrated knowledge of the work required
d. Innovative approaches and internal measures to ensure timely and quality completion of work
e. Ability to demonstrate its qualifications in a clear and compelling manner and ability to follow all directions included in this RFP.
f. Review and negotiation of acceptance or exceptions to the City’s Professional Services Agreement

4. Competitive pricing as compared to other qualified Proposer’s RFP responses (20 points)

B) EVALUATION PROCEDURE
Each RFP will be reviewed and evaluated by each member of a selection panel established by the City.

Each reviewer will use the evaluation criteria set forth in this RFP and score each RFP accordingly.

Each reviewer will complete his/her review of RFPs independently. The selection panel’s evaluations will be combined to determine a numerical ranking of each responsive RFP. Proposals obtaining less than 75% of the total available points will be eliminated from further consideration. The highest- ranking proposals may be invited to the City for interviews with the selection panel if a selection cannot be made based on the RFPs.

The City may determine that it is necessary to conduct interviews prior to final selection. In the event that interviews are necessary, the teams that submit the highest ranked RFPs will be invited to the City to make presentations to the members of the selection panel and answer questions. Each member of the selection panel will evaluate the interviews and the final scores will be established based on criteria and instructions provided prior to the interview t aking place.

C) SELECTION
It is the City’s intent to select one Contractor to provide services at City of Chino.

The City reserves the right to make final decisions regarding the selected firms and the number of selected firms based on the quantity and quality of the RFPs received. This right extends to modifying the selection process to eliminate interviews if an insufficient number of qualified firms/teams submits an RFP.

D) AWARD
Award is based on the most responsive and most responsible Proposer(s). City shall send a Notice of Intent to Award to all Proposers via Planet Bids, to announce the City’s intent to award the contract to the top-ranked selected Proposer.

The City of Chino may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously. However, since the selection and award may be made without discussion with any Proposer, the proposal submitted should contain Proposer's most favorable terms and conditions.

E) IMPLEMENTATION

1. Meetings
a. A kick-off meeting will be held after award of contract. Contractor and its team will meet with City of Chino staff to conduct introductions, discuss scope of services, and implementation process.

2. Notice to Proceed
a. Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and required documents have been received and approved by the City.
*** End of Section IV ***

V. REQUIRED POST RFP DOCUMENTS

Within 10 working days from the date of the Notice of Award, Contractor is required to complete and submit to the City the documents listed below:

1. Services Agreement

2. Faithful Performance Bond

3. Labor and Materials Bond

4. Warranty Bond

5. Certificates of Insurance (with proper endorsements)

6. City of Chino Business License Application Form

Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
Sample Agreement
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and ___________________________, _________________ (“Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

SERVICES OF CONTRACTOR
Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 2 professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.

Contractor’s Proposal.

The Scope of Services shall include the scope of work included in Contractor’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 3 by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprentice-able occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Workday. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 4 (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Project Manager.

Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Contractor acknowledges that the City is relying on the representation by Contractor as a material consideration in entering into this Agreement.

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 5 Care of Work.

The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services.

Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anti cipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 6 COMPENSATION AND METHOD OF PAYMENT.

Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. Contractor shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services. (c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 7 (d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Contractor shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to caus e Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

Contingency of Funds.

Contractor acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

PERFORMANCE SCHEDULE
Time of Essence.

Time is of the essence in the performance of this Agreement.

Schedule of Performance.

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 8 Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 20___, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional ______ (__) year(s) at the option of the City if the City is satisfied with the quality of services performed by Contractor under this Agreement.

COORDINATION OF WORK
Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- 9 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

Project Manager.

The Project Manager shall be _____________________________ or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employe es of City. City shall not in any way or for any purpose become or be deemed to be a partner of

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------10 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

INSURANCE AND INDEMNIFICATION
Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------11 (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------12 (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features, or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subcontractors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------13 this section. Contractor agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------14 (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

RECORDS, REPORTS, AND RELEASE OF INFORMATION
Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------15 will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event, Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

Confidentiality and Release of Information.
(a) All information gained, or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------16 (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ENFORCEMENT OF AGREEMENT AND TERMINATION
California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------17 to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------18 Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------19 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

MISCELLANEOUS PROVISIONS
Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Contractor, to the person(s) at the

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------20 address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterest” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------21 including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______
Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

***********, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney _________________, Department Director

CONTRACTOR:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-1 EXHIBIT “A”

SCOPE OF SERVICES

1. SPECIFICATIONS

The Work embraced herein shall be done in accordance with these Standard Specifications.

A. STANDARD SPECIFICATIONS – The “Standard Specifications for Public Works Construction” of the American Public Works Association, Latest Edition, and all subsequent amendments, supplements, and additions.

In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.

2. SPECIAL PROVISIONS

Intent

It is the intent of these specifications that work performed under th is Agreement shall result in a complete operating system in satisfactory working condition with respect to the functional purpose of the installations.

Should a conflict arise between these specifications and any referenced specifications, these specifications shall have precedence. All referenced specifications are incorporated into this Agreement controlling the Work as herein specified, but otherwise are not applicable.

Description of Work

Specifications include but are not limited to: The Contractor shall furnish all labor, supervision, equipment, supplies and materials (including but not limited to, gloves, cleaners, disinfectants, brushes, mops, rags, scrapers, squeegees, towels, hose nozzles, etc.) needed to effectively clean each restroom. Supply all personal protective equipment (PPE) and associated training necessary to safely and effectively complete cleaning. Have a hazard control plan and make sure employees have received bloodborne pathogen training on the proper handling and disposal of hazardous materials. City to provide at each location storage area: toilet paper, hand soap, paper towels and plastic trash bags. These services are required to be provided 365 days a year including holidays.

• Sweep and pressure wash floors
• Clean commodes and sinks
• Polish chrome
• Check operation of automatic toilet, sink and hand dryer • Remove smudges from walls, partitions, clean glass, and mirrors • Stock paper goods and hand soap
• Remove wastepaper (paper, sanitary napkins, etc.)
• Wipe baby changing station
• All high touch surfaces shall be cleaned and disinfected • Clean outside entry and doorway
•Cleaning public park canopies daily (twice daily if needed) by pressure washing flooring tables, tra sh cans and walkways.

Remove tape, staples, etc. from previous events. Report graffiti to city management.

*Any maintenance operations missed and not completed as scheduled shall be deducted from the monthly billing statement*
.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-2

Scope of Work

Restroom Cleaning -
Requesting one (1) mid-day cleaning and one (1) closing cleaning. (Separate move-ins)
• Clean restrooms every mid-day and at closing (Closing times will be at dusk. Cleaning shall take place after restrooms are closed).
• More frequent cleaning may be necessary at times based on usage, particularly for rentals, special events, and athletic facilities. Additional hours may be requested on weekends, rentals, and special events will be communicated no less than a week in advance. • Restroom cleaning includes but is not limited to removing all litter and debris, sweeping and pressure washing floors , scrubbing toilets , sinks and urinal with disinfecting cleaner, and refilling toilet paper and paper towels and soap as needed.
• Wash and scrub restroom floors, toilets, baby changing stations, hand dryers, faucets, and walls daily Mid-Day Cleaning
• Stock supplies (Toilet paper, hand soap)
• Wipe down faucets, sinks, hand dryers, mirrors, baby changing stations, clean toilets and pick up debris Closing Cleaning
• Sweep and pressure wash restroom floors
• Clean and sanitize faucets, sinks, hand dryers, mirrors, baby changing stations, clean toilets • Remove smudges from walls and partitions
• Clean high touch areas and sanitize
• Clean and sanitize doorway entry
• Stock supplies (Toilet paper and hand soap)
• Removal of Debris, cobwebs, tape, and staples
Canopy-
Blow off and Pressure wash daily
• Clean prior to any scheduled rental and inspect after the rental for additional cleaning • Pressure wash flooring, tables canopy interior structure trash cans and BBQ • Remove ashes from BBQ grills and clean per scope of work • Removal of Debris, cobwebs, tape, and staples
• Report graffiti to city
• Report repairs needed on daily report

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-3

Working Days
This is a 365 day a year service including holidays. Days may be suspended due to weather conditions and unforeseen circumstances.

Time of Completion
The Contractor shall complete all fieldwork in every detail at the locations within the times specified by the Public Works Services Manager. The Contractor shall not perform any fieldwork prior to said date.

Traffic Control

Traffic control is paramount to the successful completion of custodial maintenance operations.

The Work Area Traffic Control Handbook (W.A.T.C.H.), Latest Edition, shall be the reference document for establishing traffic control and detours for this service.

Permits
If needed, City Construction permits shall be provided to the Contractor by the City at no expense to the Contractor.

Scheduling of Work
The contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of Work. The general hours of operations shall be per scope of work or per city request.

Frequency
Restrooms shall be cleaned twice (2) daily. Once (1) mid-day and once (1) at closing per scope of work. Canopies shall be clean once daily (1) per scope of work or per city request.

Chemical Application
Chemicals shall be recommended and approved by the Public Works Services Manager or designee prior to use. Unless otherwise approved by the Public Works Services Manager or designee, only non-restricted chemicals shall be used. A Notice of Intent to apply non-restricted/restricted materials form shall be completed and submitted to the Public Works Services Manager or designee a minimum of 7-days prior to intended use.

City Requests
Contractor shall respond within one hour (1) of any emergency request by the City.

Extra Work
Extra work is defined as scheduled renovations and extraordinary work required by changes in the details of work shown on the specifications. Unless otherwise noted, compensation for extra work shall be set at the rate(s) as specified in the Compensation Schedule for Extra Work. The City is not compelled to award extra work to the Contractor. In some instances, additional proposals may be solicited by other vendors, or the work may be accomplished by City staff.

No work of any kind shall be considered as extra unless separate authorization is issued by the City for said work before work commences.

In the event the Contractor is required by the City and agrees to perform extra work the following will govern such work.

A. An estimate of the costs shall be submitted for approval prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of all extra work operations and shall furnish reports itemizing all costs for labor, materials, and equipment rental. The report shall include hours worked. The following procedure will govern extra work.

1. Work will be executed under the direction of the Public Works Services Manager on a time and materials basis or an agreed upon lump sum price depending on the nature of the work.

2. City will issue a work request for such extra work to be performed.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-4

3. Extra work will not be initiated without written authorization.

4. Contractor must complete extraordinary work utilizing staff not assigned to the City performing regular daily routine maintenance.

5. Extra work may include, but not be limited to, the following:
i. Replacement of plant materials
The Contractor shall be required to begin extra work promptly once authorization is obtained.

City/Contractor Inspections
The inspection and administration of the contracted work will be made by the Inspector supported by the Public Works Services Manager.

Any and all questions arising regarding the performance of the work shall be directed to the Inspector. If the question cannot be answered, or if the answer is unacceptable, it will be referred by the Inspector to the Public Works Services Manager.

City Inspections
The Contractor shall accompany the Inspector on an inspection tour of all areas of responsibility once each week, whereupon any maintenance deficiencies will be noted. All deficiencies noted on this report are required to be corrected prior to the following week's meeting. Additionally, the Contractor shall accompany the Public Works Services Manager on inspection tours at the request of the Public Works Services Manager.

All deficiency notices and calculations of payment deductions shall originate with the Inspector and be authorized by the Public Works Services Manager.

Inspection/Administration Cost Limitation
The inspection and administration criteria stated below shall comprise the maximum amount of City staff time required for this Agreement.

The cost for all time in excess of the stated criteria required due to inadequate level of landscape maintenance and poor administrative preparation on the part of the Contractor, shall be deducted and forfeited from payments. The stated criteria shall be exclusive from excessive damage from outside sources beyond the Contractor's control requiring additional inspection and administration.

The actual cost computation shall be made using Maintenance Contract Inspector salary inclusive of direct and indirect overhead at the time costs are incurred.

The Public Works Services Manager or Inspector shall maintain an accurate log of inspection and administrative time for computing costs. The log will be available upon demand for review by the Contractor.

Payment
Payment shall be made to the Contractor monthly for all work performed to the satisfaction of the Public Works Services Manager within 30 days of invoicing by the Contractor. The Contractor shall be required to provide one monthly invoice for all work performed. All requests for payment of Damage Repair or Extra Work must be accompanied by the City's written request for such services. All work not billed to the City within thirty (30) days of completion by the Contractor shall be subject to nonpayment by the City.

Payment Withheld/Deducted
The City may withhold and/or deduct payment to such extent as may be necessary to protect the City from loss due to:

A. Work required in the specifications which is defective, incomplete or not performed.

B. Claims filed or reasonable evidence indicating probable filing of claims for damages caused by the Contractor to private or public property.

C. Failure of the Contractor to make payments properly to employees, subcontractors or vendors for materials or services provided.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-5 D. Expenses incurred by the City to perform work required in the specifications that is defective, incomplete or not performed.

E. Failure to participate in and respond to the scheduled Maintenance Inspections.

F. Costs incurred by the City due to extra administration costs for additional inspections and subsequent correspondence/notifications.

G. Failure to submit monthly/quarterly schedules and reports.

These actions shall not be construed a penalty but as an adjustment of payment based on the work actually performed, or as the cost of the City for inspection and other related costs from the failure of the Contractor to complete the work according to schedule. One Hundred Dollars ($100.00) per day may be deducted from monthly payments for every day that schedules are not submitted to the City.

Supervision by Contractor
The Contractor Representative shall be within the City’s limits to supervise and or inspect all work being performed to the satisfaction of the City Representative. Contractor Representative shall provide efficient supervision to the work, using his best skill and attention and shall provide and keep on the work site at all times during its progress a competent crew leader/foreman and any necessary assistants. All directions of the Inspector or his authorized representative shall be received and obeyed by the crew leader/foreman in charge of the particular work; and all such directions given shall be as binding as if given to or by the Contractor in person. The Contractor shall be required to have personnel in the City Monday through Friday during regular business hours.

Inspection/Administration Cost Limitation
The inspection and administration criteria stated below shall comprise the maximum amount of City staff time required for this Agreement.

The stated criteria shall be exclusive from excessive damage from outside sources beyond the Contractor's control requiring additional inspection and administration.

The Public Works Services Manager or Inspector shall maintain an accurate log of inspection and administrative time for computing costs.

Access to Work
The Public Works Services Manager's authorized representative shall at all times have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge respecting the progress, workmanship, and character of materials used and employed in the work.

Whenever the Contractor varies the period during which work is carried out, they shall give due notice to the Public Works Services Manager so that proper access for inspection may be provided. Any inspection of work shall not relieve the Contractor of any obligations to fulfill this Agreement as prescribed.

Maintenance Deficiencies
The Public Works Services Manager shall report maintenance deficiencies to the Contractor's representative. All maintenance deficiencies shall be corrected within forty-eight (48) hours. Any deficiencies not completed within the 48 hours will result in a deduction from pay. The Contractor shall keep records of actual work performed. The Contractor shall also be responsible for notifying the Public Works Services Manager or designee of all maintenance deficiencies on a weekly basis.

Independent Inspections
The City may utilize a mutually acceptable horticulturist or arborist to examine and inspect the landscape areas to assis t the Public Works Services Manager in assessing the quality of Contractor's maintenance.

User Generated Trash
The Contractor shall be responsible to remove all trash and debris in accordance with the Minimum Frequency Schedule. Other litter and debris found within the contracted areas is also to be removed by the Contractor per scope of work.

Specifications on the Work
The Contractor shall keep one copy of all specifications on the work site in good order, accessible to the Public Works Services Manager and his representatives.

Removal of Obstructions
The Contractor shall remove and dispose of all structures, debris, or other obstructions to the construction of the work as

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-6 specified. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained and permanently replaced by the Contractor at his expense as required for performance of the work.

Interpretation of Plans and Specifications
Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the Public Works Services Manager for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Agreement so far as may be consistent with the intent of the original plans and specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.

Errors or Discrepancies Noted by the Contractor
If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the specifications and the drawings, or between the physical conditions at the site of the work, or finds any error or omission in any of the specifications, or in any survey, he shall promptly notify the Public Works Services Manager in writing of any such discrepancy, error, or omission. If the Contractor observes that the specifications are at variance with any applicable law, ordinance, regulation, order or decree, contractor shall promptly notify the Public Works Services Manager in writing of such conflict.

The Public Works Services Manager on receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom.

Public Representation by Contractor
The Contractor's representative shall contact the City's representative daily to submit work-reporting forms, convey messages, return telephone calls to the public, schedule field reviews, etc. The Assistant Public Works Services Manager's working hours are 6:00 a.m. to 5:00 p.m., Monday through Friday. The Assistant Public Works Services Manager can be contacted by phone at (909) 334-3266.

Temporary Suspension of Work
The Public Works Services Manager shall have the authority to suspend the work, wholly or in part, for such period as he may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The contractor shall immediately comply with the written order of the Public Works Services Manager to suspend the work wholly or in part and shall not resume the work until ordered to do so in writing by the Public Works Services Manager.

In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not relieve the Contractor of his responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of work shall not entitle the Contractor to any additional compensation.

Final Clean Up
Upon completion and before making application for acceptance of any portion of the work, the Contractor shall clean the work site and all ground occupied by him in connection with the work of all rubbish, excess materials, temporary structures and equipment. All parts of the work area shall be left in a neat and presentable condition.

Care should be taken to prevent spillage on streets over which hauling is done, and any such spillage or debris deposited on streets due to the Contractor's operation shall be immediately cleaned up.

Suggestions to the Contractor
Any plan or method suggested to the Contractor by the Public Works Services Manager or inspector but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor, and the City and the Public Works Services Manager will assume no responsibility therefor.

Emergency Response
The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.

Emergency Work

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-7 In the event that emergency work is required, the Contractor shall notify the Public Works Services Manager or representative by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed.

Emergency Personnel
In situations involving an emergency after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, as needed, and proceed to repair the system on a temporary basis.

The Contractor shall supply the City with name(s) and telephone number(s) of responsible person(s) representing the Contractor for twenty-four (24) hour emergency response. The above-mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change.

Provision for Emergencies
Unusual conditions may arise on the Work, which will require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the Work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.

The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contaminat ion of public water supply, irrigation or other public service or from the failure of partly completed work.

Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by pro cess of construction on account of such neglect; and whenever, in the opinion of the City, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or dama ge on account of the operations under this Agreement, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished as, in the opinion of the City, may seem reasonable and necessary.

The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of bills therefor, duly certified by the Public Works Services Manager, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due paid Contractor. Failure of the City, however, to take such precautionary measures shall not relieve the Contractor of his full responsibility for public safety.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.

Contractor's Response
The Contractor must maintain telephone service so that all calls from the City to the Contractor have no toll charge. Failure to respond by telephone call or in person within one (1) hour of the City's attempt to contact the Contractor's representative may result in a $200.00 penalty per incident. Failure to respond at any level will subject Contractor to any primary or secondary costs arising from said emergencies.

Complaint Requests
The Contractor must correct all complaint requests within forty-eight (48) hours. Failure to respond and correct as requested may result in termination of this Agreement.

Additions to the System
In the event that additional areas are added to the system or the City desires to add existing areas to this Agreement, these may be added to the maintenance agreement at the rate(s) as specified in the Compensation Schedule for additions to the system.

The City is not compelled to award new additions to the Contractor. In some instances, additional proposals may be solicited by other vendors or the work may be accomplished by City staff.

Public Convenience
Construction and maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Water or dust palliative shall be applied as necessary for alleviation or prevention of dust nuisance caused by the Contractor's operations. Convenient access to driveways, houses and buildings along the line of the work shall be maintained at least each morning and evening and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-8

Public Safety
The Contractor shall furnish, erect and maintain such lights, barricades, bridges, and other devices as are necessary to prevent accidents and avoid damage or injury to the public. Should the Public Works Services Manager point out the inadequacy of warning devices or should the Public Works Services Manager approve the location of warning devices, such action shall not relieve the Contractor of responsibility for public safety, nor abrogate his obligation to furnish and pay for these devices. Should it be determined, during hours other than work hours and the Contractor is unavailable, that the warning devices are inadequate, the City may furnish and erect such additional devices as may be necessary.

All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Department of Transportation. Barricades shall be effectively reflectorized by having not less than one-half of the top board of the barricade covered with reflectorized sheeting surface. All warning flashers shall be kept in good working order.

No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.

Whenever the Contractor's operations require one-way traffic or create a condition hazardous to the public traffic, he shall provide and station competent flagmen whose sole duties shall consist of directing the movement of traffic through or around the work.

Notice and Service Thereof
Any notice required or given by one party to the other under this Agreement shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notices shall not be effective for any purpose whatsoever unless served in the following manner:

Notice shall be given to the City by personal delivery thereof to the Public Works Services Manager or by depositing the same in the United States mail enclosed in a sealed envelope, registered, and with postage prepaid, addressed to: Public Works Services Manager, City of Chino, 5050 Schaefer Avenue, Chino, CA 91710.

Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Agreement, postage prepaid and registered.

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, postage prepaid and registered.

Unforeseen Difficulties
All loss or damage arising out of the nature of the work to be done under this Agreement, or from any unforeseen obstruction or difficulties which may be encountered during the progress of the work and in the prosecution of the same, or from the action of the elements, or from encumbrances on the line of the work, shall be sustained by the Contractor.

The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of bills therefor, duly certified by the Public Works Services Manager, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due paid Contractor. Failure of the City, however, to take such precautionary measures shall not relieve the Contractor of his full responsibility for public safety.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.

Existing Utilities
The Contractor shall notify Underground Service Alert at 811 at least 48 hours in advance of his intention to begin any work affecting existing utilities so that they may notify the affected utility companies. Whenever the improvement requires the relocation or replacement of an existing utility under this Agreement, this information will be shown on the contract drawing.

Unless this notification is shown on the contract drawing, the Contractor shall assume that the utility is to remain in place or be relocated or replaced by others.

The utility companies listed below can be contacted as indicated:

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-9

1. Southern California Gas Co. (800) 427-2000

2. Southern California Edison (800) 655-4555

3. Frontier (800) 921-8101

4. Cable TV/Spectrum (888) 892-2253

5. Water & Sewer/City Yard (909) 334-3266
Any difference or conflicts which may arise between the Contractor and such other forces or contractors because of delays or hindrance to each other, shall be adjusted and determined by the Public Works Services Manager. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City.

Cooperation with Others
Nothing contained in these documents shall be interpreted as granting to the Contractor exclusive occupancy of the maintenance site for the work. Should maintenance be under way or subsequently begun by other forces or by other contractors within or adjacent to the limits of the work, or in the vicinity of the work to be done under this contract, the Contractor shall so conduct his operations as to interfere to the least possible extent with the work of such other forces or contractors. If the performanc e of this Agreement is likely to be interfered with by the simultaneous performance of some other forces or contractors, the Public Works Services Manager shall decide which contractor shall continue or whether the work can be proceeding simultaneously.

Any difference or conflicts which may arise between the Contractor and such other forces or contractors because of delays or hindrance to each other, shall be adjusted and determined by the Public Works Services Manager. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City.

Coordination with Community Agencies
The Contractor shall notify the following agencies of any construction or street closures forty -eight (48) hours prior to the start of such closure:

Chino Police Department (909) 334-3000
Chino Fire Department (909) 902-5260
Waste Management (909) 591-1714
Omnitrans (909) 912-7432
Dial-A-Ride (909) 623-0183
Chino Unified School District (909) 628-1201
Postal Service (800) 275-8777
Sheriff (909) 988-6571
Spectrum (Cable TV) (888) 892-2253
Frontier (800) 921-8101
Southern California Edison (909) 930-8432
Southern California Gas (800) 427-2000
Underground Service Alert 811
City of Chino Hills (909) 364-2600
The Contractor shall notify the U.S. Postal Service of all areas affecting service five (5) working days prior to constructio n.

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-10 EXHIBIT “A-1”

SCHEDULE OF SERVICES
MAINTENANCE DAYS: Monday through Sunday

*Proposed schedules are based on times needed to complete a task. Start time and closing may change due to use frequency and recommendations by the city*

Public Park Restrooms Facilities and Canopy Assets
Location Restroom
SF Toilets Urinals Sinks Canopies
1 Villa Park - 13513 3rd St 600 5 1 4 1
2 Monte Vista Park – 13196 Monte Vista Ave 650 6 1 3 1 3 Heritage Park – 4250 Chino Ave 600 5 2 4 1
4 Walnut Park – 4600 Walnut Ave 440 2 1 4 1
5 Liberty Park – 5023 Adams Ave 330 4 0 2 1
6 Mountain View Park – 13351 Chino Ave 330 2 1 4 1
7 McLeod Park – 12250 Carissa Ave 0 0 0 0 1
8 Shady Grove Park – 6776 Chino Ave 460 3 1 2 1
9 Cypress Trails Park – 6573 Schaefer Ave 460 3 1 2 1
10 Ayala Park – 14225 Central Ave 2,000 25 8 17 3
11 Chino Community Garden – 5976 Riverside Dr 200 2 0 2 0 12 Transit Center – 63 6th St 100 1 1 1 0
13 Total 9,120 58 17 45 12
Public Park Restrooms Facilities and Canopy Schedule
Location Restrooms
Mon - Sun
Mid-Day
Cleaning
Closing
Cleaning
Canopy
Mon - Sun
Canopy
Cleaning
1 Villa Park Mon - Sun TBD Dusk Mon - Sun TBD
2 Monte Vista Park Mon - Sun TBD Dusk Mon - Sun TBD
3 Heritage Park Mon - Sun TBD Dusk Mon - Sun TBD
4 Walnut Park Mon - Sun TBD Dusk Mon - Sun TBD
5 Liberty Park Mon - Sun TBD Dusk Mon - Sun TBD
6 Mountain View Park Mon - Sun TBD Dusk Mon - Sun TBD
7 McLeod Park Mon - Sun TBD Dusk Mon - Sun TBD
8 Shady Grove Park Mon - Sun TBD Dusk Mon - Sun TBD
9 Cypress Trails Park Mon - Sun TBD Dusk Mon - Sun TBD 10 Ayala Park Mon - Sun TBD Dusk Mon - Sun TBD
11 Chino Community Garden Mon - Sun TBD Dusk Mon - Sun TBD 12 Transit Center Mon - Sun TBD Dusk Mon - Sun TBD

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-1 EXHIBIT “A-2”

LOCATIONS OF WORK AREA

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING

Public Park Restroom Facilities Cleaning Proposal Schedule (Fri – Sun) Location Restroom Mid-day
Light Clean
Closing Full
Clean Total Fri - Sun
1 Villa Park Fri - Sun $ $ $
2 Monte Vista Park Fri - Sun $ $ $
3 Heritage Park Fri - Sun $ $ $
4 Walnut Park Fri - Sun $ $ $
5 Liberty Park Fri - Sun $ $ $
6 Mountain View Park Fri - Sun $ $ $
7 McLeod Park Fri - Sun $ $ $
8 Shady Grove Park Fri - Sun $ $ $
9 Cypress Trails Park Fri - Sun $ $ $
10 Ayala Park Fri - Sun $ $ $
11 Chino Community Garden Fri - Sun $ $ $
12 Transit Center Fri - Sun $ $ $
13 Total $ $ $

Public Park Restroom Facilities Cleaning Proposal Schedule (Mon – Thurs) Location Restroom Mid-day
Light Clean
Closing Full
Clean Total Mon - Thurs
1 Villa Park Mon - Thurs $ $ $
2 Monte Vista Park Mon - Thurs $ $ $
3 Heritage Park Mon - Thurs $ $ $
4 Walnut Park Mon - Thurs $ $ $
5 Liberty Park Mon - Thurs $ $ $
6 Mountain View Park Mon - Thurs $ $ $
7 McLeod Park Mon - Thurs $ $ $
8 Shady Grove Park Mon - Thurs $ $ $
9 Cypress Trails Park Mon - Thurs $ $ $
10 Ayala Park Mon - Thurs $ $ $
11 Chino Community Garden Mon - Thurs $ $ $
12 Transit Center Mon - Thurs $ $ $
13 Total

$ $ $

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-2 EXHIBIT “A-2”

LOCATIONS OF WORK AREA

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING

Public Park Canopy Cleaning Proposal Schedule (Mon -Sun) Location Canopy
Mon - Thurs
Canopy
Fri -Sun Total
1 Villa Park $ $ $
2 Monte Vista Park $ $ $
3 Heritage Park $ $ $
4 Walnut Park $ $ $
5 Liberty Park $ $ $
6 Mountain View Park $ $ $
7 McLeod Park $ $ $
8 Shady Grove Park $ $ $
9 Cypress Trails Park $ $ $
10 Ayala Park $ $ $
13 Total $ $ $

Total Cost for Restrooms and Canopy Cleaning TOTALS
Restrooms (Mon – Thurs) Mid-Day $
Restrooms (Fri – Sun) Mid-Day $
Restrooms (Mon – Thurs) Closing $
Restrooms (Fri – Sun) Closing $
Canopy (Mon – Thurs) $
Canopy (Fri – Sun) $
TOTAL COST $

BID TOTAL PRICE IN WORDS:

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-3

EXTRA WORK - REQUIRED FROM ALL BIDDERS
To be paid on a time and materials basis. Total cost, in writing, per project will be required before authorization of work in this category.

MATERIALS:

Materials will be reimbursed at Contractor's cost or purchased by the City and supplied to the Contractor at the discretion of the Public Works Services Manager.

LABOR COST PER
HOUR
Foreman/Crew Leader $
Worker/Labor $

EQUIPMENT COST PER
HOUR
Vehicles $
Chemicals $
Blowers $
Pressure Washers $
Cleaning Supplies (rags, spray bottles, and personal protective equipment (PPE) $

TOTALS
Restrooms (Mon – Thurs) $
Restrooms (Fri – Sun) $
Canopy (Mon – Thurs) $
Canopy (Fri – Sun) $
Labor $
Equipment $
TOTAL COST $

BID TOTAL PRICE IN WORDS:

EXTRA WORK
(Single day cost for addition of listed item at various locations) Cleaning Restrooms multiple times a day during special events $ Cleaning Canopies multiple times a day during special events $

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------A-4

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------B-1 EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- Contract No.:

Approved:

FAITHFUL PERFORMANCE BOND

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING

WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as “CITY” and , hereinafter designated as “PRINCIPAL,”
have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as Project No. , is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and
, as surety, are held and firmly bound unto the City of Chino in the penal sum of Dollars ($ ) lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on .

PRINCIPAL SURETY

By: By:

SIGNATURES MUST BE NOTARIZED

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------

Bond No.:

Contract No.:

Approved:

LABOR AND MATERIAL BOND

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING

WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as “CITY” and , hereinafter designated as
“PRINCIPAL,” have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as Project No. __ is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required to furnish a bond in conjunction with said agreement, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;

NOW, THEREFORE, we the undersigned Principal and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total agreement pr ice, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Principal, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the agreement; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and/or i ts subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on .

PRINCIPAL SURETY

By: By:

SIGNATURE(S) MUST BE NOTARIZED

Public Park Restrooms Facilities and Canopy Cleaning RFP#-------- Bond No.:

Contract No.:

Approved:

WARRANTY BOND

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING

WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as “CITY” and ___________________, hereinafter designated as “PRINCIPAL,” have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated , and identified as Project No. , is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and
, as surety, are held and firmly bound unto the City of Chino in the penal sum of Dollars ($ ) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on .

PRINCIPAL SURETY

By: By:

SIGNATURE(S) MUST BE NOTARIZED

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------

NOTICE OF AWARD

TO: (CONTRACTOR) FOR MAINTENANCE PROGRAM:

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING

Your Bidder's Proposal dated , is accepted for the total contract

price of $ .

You are required by the "INSTRUCTIONS TO BIDDERS" to execute the documents specified within ten (10) days from the date of mailing this Notice. Please sign one copy of the Notice of Award upon receipt and return.

RECEIVED:

CONTRACTOR THE CITY OF CHINO

By: By:

David McAbee
Public Works Services Manager

(Title)

(Date) (Date)

Public Park Restrooms Facilities and Canopy Cleaning RFP#--------

NOTICE TO PROCEED

TO: (Contractor) DATE:

FROM: David McAbee
Public Works Services Manager, City of Chino

Notice is hereby given that you are authorized and directed to proceed with the following project in accordance with the contract documents:

PUBLIC PARKS RESTROOM FACILITIES AND CANOPY CLEANING

These documents have been received and are on file with the City Clerk of the City of Chino:

DOCUMENT:

The Agreement Fully Executed ( )
Labor and Material Bond (100%) ( )
Faithful Performance Bond (100%) ( ) Warranty Bond (10%) ( )
Workers' Compensation Insurance Certificate ( ) Liability Insurance Policy or Certificate ( ) Insurance Forms ( )

The Contract Time shall commence on the date of issuance of the City’s written Notice to Proceed.

Work shall commence within five (5) calendar days from the date of this Notice to Proceed and is to be completed within June 30, 2022. Annual work shall be completed within the time allocated based on the work to be performed.

David McAbee

PUBLIC WORKS SERVICES MANAGER

DATE: July 22, 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: CONSIDER AWARD OF BID FOR PROJECT NO. 92102, 92106 & 92107, RESERVOIR R-7.

R-12 & R-13 OVERFLOW AIR GAP INSTALLATION PROJECT (BID NO. 2024-04)

RECOMMENDED ACTION:

It is recommended that the City Council approve the plans and specifications for Project No. 92102, 92106 & 92107, Reservoir R-7, R-12 & R-13 Overflow Air Gap Installation; award a construction contract to C.P. Construction Co., Inc. in the amount of $175,000, approve a construction contingency in the amount of $25,000 for a total amount of $200,000; and authorize the City Manager to execute the agreement and any future amendments within the City Manager’s authority.

GOAL STATEMENT
The proposed action supports the City’s goal to continue to maintain and improve the City’s public water and sewer infrastructure and maintain a high standard of public health and safety.

BACKGROUND
Reservoir R-7, a 1.5 million gallon steel reservoir, Reservoir R-12, a 4.0 million gallon steel reservoir, and Reservoir R-13, a 5.4 million gallon steel reservoir, are all located in the northeast region o f the city and all were constructed more than thirty years ago. When each of these reservoirs were constructed, the requirements for health and safety were much different than the regulations that are in effect today. Each of these reservoirs currently hav e an overflow pipeline that is directly connected to a storm drain facility. While this was an acceptable practice when each of the se reservoirs was constructed, the state regulations in effect today require the use of an air gap with a minimum clearance of twice the diameter of the overflow pipeline.

In 2020, the State Water Resources Control Board performed a site inspection of the City’s water infrastructure system and one of the deficiencies identified in the final report was the lack of air gaps on many of the reservoir overflow pipelines. A project was recently completed for the installation of the required air gaps on two of the city’s reservoirs in the northwest region of the city. This project is similar in nature to the first project and will provide the required air gaps on three additional reservoirs.

ISSUES AND ANALYSIS
The Reservoir R-7, R-12 & R-13 Overflow Air Gap Installation Project Notice Inviting Bids (NIB) was advertised on June 7, 2024 and June 14, 2024 in accordance with the California Public Contract Code (Section 20164) and was also listed on the City’s website and distributed to various electronic plan rooms. On July 2, 2024, a public bid opening was held in which the City received and opened three bids for the Project, under Bid No. 2024-04, as follows:

BIDDER BID AMOUNT
C.P. Construction Company, Inc. $ 175,000
Gentry General Engineering, Inc. $ 194,700
Canyon Springs Enterprises $ 254,000

The lowest responsible bidder was C.P. Construction Company, Inc, with a base bid amount of $175,000. Staff reviewed the bid information, including C.P. Construction Company’s bid calculations and found no discrepancies with the bid or the bid documents and confirmed that C.P. Construction Company is the lowest responsible and responsive bidder.

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. The City filed the Notice of Exemption with the County of San Bernardino on June 5, 2024.

FISCAL IMPACTS
The City’s adopted Fiscal Year 2024-25 Capital Improvement Program (FY 24-25 CIP) budget contains sufficient funds for the project. The estimated project costs and funding are summarized below:

Estimated Project Costs
Basic Bid Amount $175,000
Construction Contingency $25,000
Total Contract Work: $200,000

Construction Administration and Inspection $20,000
Total Estimated Project Cost: $220,000

FY 24-25 Funding
CIP Account 639 7500 92102 (Water Bond) $375,000
CIP Account 639 7500 92106 (Water Bond) $400,000
CIP Account 639 7500 92107 (Water Bond) $400,000
Total Project Funding $1,175,000

ALTERNATIVES

1. Reject all bids and authorize the City Clerk to re-advertise the Project. Due to a successful bidding process, staff does not recommend this alternative.

2. Provide alternative direction to staff.

CEQA: Categorically Exempt from further environmental review pursuant to Section 15301(c) of the CEQA guidelines.

DATE: July 22, 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: CONSIDER ACCEPTANCE OF THE RESERVOIR R-2 AND R-16 OVERFLOW AIR GAP

PROJECT 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 Reservoir R-2 and R-16 Overflow Air Gap Installation Project.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining the City’s public water and sewer infrastructure .

BACKGROUND
On November 13, 2023, the City Council awarded the Reservoir R-2 and R-16 Overflow Air Gap Installation Project to T.E. Roberts, Inc. and authorized up to $121,000 (including contingencies) for the work. The project consisted of modifying the existing 16 -inch and 24-inch overflow pipelines at each site to include an air gap facility as required by State and Federal Regulations.

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. The City filed the Notice of Exemption with San Bernardino County on September 26, 2023.

FISCAL IMPACTS
The final construction cost of $105,252 is within the original authorized amount of $121,000, therefore no additional appropriation is necessary.

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 0200-124-23 & 0200-135-01, in and to the hereinafter described property.

The work was completed on that certain work known as Project No. 92101 & 92109, Reservoir R-2 & R-16 Overflow Air Gap Installation Project for the undersigned City of Upland, a Municipal Corporation, on the 1st day of July, 2024.

The City accepted the job on the 22nd day of July, 2024.

The Contractor on said job was T. E. Roberts, Inc. of Irvine, California.

The improvement(s) consisted of the installation of an air gap on the existing 24-inch overflow pipe at the reservoir R-2 site and the construction of an air gap and outlet structure on the existing 16-inch overflow pipe at the reservoir R-16 site; and the location of the improvements occurred at Reservoir R-2 which is located at the end of Mountain Ave N/O 25th Street, in San Antonio Heights, San Bernardino County, California & Reservoir R-16 which is located on 24th Street west of Mountain Ave, in Upland, California.

The surety was Travelers Casualty and Surety Company of America.

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 22nd day of July, 2024 at Upland, California.

City of Upland, a Municipal Corporation

Michael Blay, City Manager

DATE: July 22, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR

ALAN FRENCH, PRINCIPAL ENGINEER

YESENIA DIAZ, ASSISTANT ENGINEER
SUBJECT: CONSIDER APPROVAL OF TRACT MAP 20606 AND SUBDIVISION AGREEMENT, LOCATED AT 1450-1470 W. 9th STREET

RECOMMENDED ACTION:

It is recommended that the City Council approve Tract Map 20606 for recordation and authorize the City Manager to execute the subdivision agreement.

GOAL STATEMENT
The proposed action supports the City’s goal to adhere to a review schedule for the processing of development proposals in an efficient, professionally responsive, and courteous manner .

BACKGROUND
On April 26, 2023, the Planning Commission adopted Resolution No. 4983 approving TM 20606 (TT-22-0001), for establishment of a condominium map on the newly created parcels located in the Business/Residential Mixed-Use zone located at 1450-1470 W. 9th Street.

There is no associated project submitted nor is there any construction proposed for Tract Map 20606.

ISSUES AND ANALYSIS
The final map approval and recordation will allow for the sale of the newly created lot s. The final map is in conformance with the conditions of approval. The frontage improvements on 9th Street are existing and easements for access and utilities for each parcel are shown on the map. The Subdivision Agreement and a cash monumentation bond in the amount of $5,000 has been received by the City.

ENVIRONMENTAL DETERMINATION
Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15315, Minor Land Divisions, because the project involves a subdivisions of land zoned for commercial use into two (2) parcels, and is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15315.

Revised: August 17, 2023

SUBDIVISION AGREEMENT
Tract Map Number__20606_______
THIS AGREEMENT is entered into as of this 16 day of November 2023 by and between K Property Management LLC, 23717 Hawthorne Blvd, Suite 201 Torrance, CA 90505 (hereinafter referred to as “Subdivider”) and the CITY OF UPLAND, a municipal corporation (hereinafter referred to as the “City”).

A. Recitals
(i) The City approved a Tentative Tract Map pursuant to the California Subdivision Map Act as set forth in California Government Code Section 66410 et. seq. (“Map Act”) identified as Tentative Tract Number ___ 20606_____ in the City of Upland, State of California; and
(ii) Subdivider seeks approval of a Final Tract under the Map Act identified as Final Tract Map Number _20606
B. Agreement
It is agreed by and between the parties hereto as follows:

1. In consideration of the City’s approval of and filing Tentative Subdivision Map Number _20606_ and Final Tract Number _20606_, Subdivider undertakes and agrees that it will, at Subdivider’s sole cost and expense, design, construct and install all the improvements in accordance with the plans, specifications on file with the City, incorporated herein and made a part hereof, and including all conditions of approval required by the Planning Commission and City Council of the City of Upland.

2. Subdivider also undertakes and agrees upon the same consideration to design, construct and install all improvements in accordance with the ordinances and regulations of the City, and to do all other and further acts required of it pursuant to this Agreement.

3. Subdivider agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the foregoing Final Tract with respect to such improvements.

4. Subdivider agrees that all such improvements shall be constructed and completed in accordance with the city standards required by the City Engineer.

In case of dispute, the good faith judgment of the City Engineer shall be final and binding upon the parties.

5. Subdivider undertakes and agrees that all of the work of improvement shall be completed within three hundred sixty five (365) days from the date of execution of this Agreement.

6. Should Subdivider fail to comply with any of the terms or provisions of this Agreement, Subdivider shall be liable to the City for the reasonable value of any work or improvements not completed or improperly done or performed. In the event of any such failure, the City shall give to Subdivider written notice thereof.

Unless the work or improvements covered by said notice, including defective work and improvements, are commenced by Subdivider within fifteen (15) days of the date of said notice and diligently prosecuted to completion, the City may at its option:

Revised: August 17, 2023
a) Collect from Subdivider the reasonable value of the work and improvements not so done and performed by Subdivider, to be measured by the anticipated costs and expenses of completing the same; or b) The City may complete said work and improvements not so completed by Subdivider and collect its costs and expenses in completing the same; or
c) The City may, as to some of such work and improvements, proceed under remedy (a) above, and as to the remainder, under remedy (b) above.

The City may change any election prior to trial of any lawsuit, and prior thereto no election of remedies shall be binding upon the City. In either event, there shall be included in said “costs and expenses,” the reasonable overhead expenses of the City. In addition to the foregoing, Subdivider shall be liable to the City for reasonable attorneys’ fees and court costs incurred by the City in enforcing the obligations of Subdivider under this Agreement.

7. All slope banks over three (3) feet in vertical height within said Tract Map shall be landscaped with landscaping approved by the City Engineer. Sprinklers shall be installed on all slopes over three (3) feet in vertical height along arterial streets and shall be of a type and according to a sprinkler plan approved by the City Engineer, with sprinkler turn-ons at the tops of the slopes, and connected with the remainder of the water systems of the lots of which such slopes are a part.

8. Subdivider shall, at its sole cost and expense, secure and furnish to the City, bonds in a form approved by the City, executed by a corporation authorized to transact surety business within the State of California, for the following amounts and purposes:
(a) A bond in the amount of $ 0 guaranteeing full performance of all the terms of this Agreement, see Performance Bond No.___. (b) A bond in the amount of $ 0 securing payment to the contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them with respect to said public improvements, see Labor and Materials Bond No._____.
(c) A cash deposit in the amount of $ 5,000.00 securing the setting of monuments.

9. Acceptance of any work or improvements by the City shall not constitute an acknowledgment by the City that the same are properly done or performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so readily apparent, Subdivider shall repair any defects which occur in the work of improvements within a one (1) year period thereof following acceptance by the City.

10. As a condition precedent to the acceptance of the improvements hereunder as being complete and prior to the release of any bonds required under paragraph 8, hereof, securing the faithful performance of Subdivider’s obligations hereunder, Subdivider shall give a bond with a corporate bonding company or similar instrument, satisfactory to the City in the amount of $ 0 as guarantee and warranty of the work for a one (1) year period following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

11. Except as to the sole and exclusive negligence of City, its elected officials, officers agents and employees, Subdivider hereby agrees to indemnify, defend and hold harmless, the City, its elected officials, officers, agents and employees from and against any and all claims, demands, suits, actions or proceedings of any kind or

Revised: August 17, 2023
nature, including, but not by way of limitation, all civil claims, workers’ compensation claims, costs, expenses or damages to property or injuries to or death of any person or persons, including attorneys fees and all other claims, whether groundless or not, arising out of or related to the acts, errors or omissions of Subdivider, its officers, agents, employees, consultants, subcontractors or other persons, companies or other entities using roadways/streets of the subdivision, performing labor, transporting and/or supplying material, designing, constructing or installing the improvements contemplated in this Subdivision Agreement. Where the Subdivider divides the project in phases and or allows construction vehicles or construction traffic use the same roadways/streets used by residents of the subdivision causing accidents, the Subdivider shall indemnify the City, its officers, its employees and its agents from any and all liability, claims, damages, or injuries to any person or property arising from the Subdivider’s actions or actions of his employees, agents, and contractors.

12. All notices to Subdivider may be sent to K Property Management LLC, 23717 Hawthorne Blvd, Suite 201 Torrance, CA 90505 or at such other address of which the City shall receive notice in writing specifically calling attention to this Agreement.

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

K Property Management LLC,
a California limited liability company

BY

BY

CITY OF UPLAND, a municipal Corporation

BY
Michael Blay, City Manager

ATTEST
Keri Johnson, City Clerk

1.54 AC.
1 0.58 AC.
2 1 inch = 40 ft.

GRAPHIC SCALE
N

PLOTTED EASEMENTS

N I N T H S T R E E T

IN THE CITY OF UPLAND

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 20715 SHEET 1 OF 1 SHEET

ENGINEER
OWNER
NOTES
·
·
·
·
·
·
·
LEGEND

BASIS OF BEARINGS

UTILITY SERVICE PROVIDERS
SITE

VICINITY MAP
N
B
E

N

S

O

N
M
O

U

N

T

A

I

N
B.N.S.F.

R
.

W
.

TYPICAL SECTION

NINTH STREET
A

V

E

N

U

E

A

V

E

N

U

E

NOT PLOTTABLE EASEMENTS

EXISTING FENCE / WALL HEIGHT

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? ___ YES If yes, please identify the Council Member(s):
___ NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.

_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name

(Levine Act definitions on reverse side)
7/11/2024
K Property Management LLC
4 4

LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS

Term Definition Law
Covered
"proceedings"
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.

FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the
subject of, a proceeding involving a license, permit, or other entitlement for use.

Gov. Code 84308(a)(1)
Participant
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a
particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.

Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for the
purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.

FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the
successful bidder refuses or fails to execute the
contract, to the next lowest bidder with a responsive
bid.

FPPC Reg
18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective
bargaining or with a representative group regarding
the salary, benefits, or terms and conditions under an
employment or retirement policy for employees or
retirees, including a project labor agreement entered
under Public Contract Code Section 2500.

FPPC Reg
18438.2(a)(3)(B)
Personal
Employment
Contract
A contract for employment, including the terms and
conditions of employment, between the agency and
an agency employee. A contract with an independent
contractor is NOT a personal employment contract.

FPPC Reg
18438.2(a)(3)(C)-(D)

DATE: July 22, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR

ALAN FRENCH, PRINCIPAL ENGINEER

YESENIA DIAZ, ASSISTANT ENGINEER
SUBJECT: CONSIDER APPROVAL OF PARCEL MAP 20715 AND SUBDIVISION AGREEMENT, LOCATED AT 1450-1470 W. 9TH STREET

RECOMMENDED ACTION:

It is recommended that the City Council approve Parcel Map 20715 for recordation and authorize the City Manager to execute the subdivision agreement.

GOAL STATEMENT
The proposed action supports the City’s goal to adhere to a review schedule for the processing of development proposals in an efficient, professionally responsive, and courteous manner .

BACKGROUND
On April 26, 2023, the Planning Commission adopted Resolution No. 4983 approving TPM 20715 (TPM-23-0001), to subdivide one parcel into two parcels for property located in the Business/Residential Mixed-Use zone at 1450- 1470 W. 9th Street.

There is no associated project submitted nor is there any construction proposed for Parcel Map 20715.

ISSUES AND ANALYSIS
The final map approval and recordation will allow for the sale of the newly created lot. The final map is in conformance with the conditions of approval. The frontage improvements on 9th Street are existing and easements for access and utilities for each parcel are shown on the map. The Subdivision Agreement and a cash monumentation bond in the amount of $5,000 has been received by the City.

ENVIRONMENTAL DETERMINATION
Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15315, Minor Land Divisions, because the project involves a subdivisions of land zoned for commercial use into two (2) parcels, and is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 of the CEQA Guidelines.

Revised: August 17, 2023

SUBDIVISION AGREEMENT
Parcel Map Number__20715_______
THIS AGREEMENT is entered into as of this 16 day of November 2023 by and between K Property Management LLC, 23717 Hawthorne Blvd, Suite 201 Torrance, CA 90505 (hereinafter referred to as “Subdivider”) and the CITY OF UPLAND, a municipal corporation (hereinafter referred to as the “City”).

A. Recitals
(i) The City approved a Tentative Parcel Map pursuant to the California Subdivision Map Act as set forth in California Government Code Section 66410 et. seq. (“Map Act”) identified as Tentative Parcel Number ___ 20715 _____ in the City of Upland, State of California; and
(ii) Subdivider seeks approval of a Final Parcel under the Map Act identified as Final Parcel Map Number 20715
B. Agreement
It is agreed by and between the parties hereto as follows:

1. In consideration of the City’s approval of and filing Tentative Subdivision Map Number 20715 and Final Parcel Number 20715 , Subdivider undertakes and agrees that it will, at Subdivider’s sole cost and expense, design, construct and install all the improvements in accordance with the plans, specifications on file with the City, incorporated herein and made a part hereof, and including all conditions of approval required by the Planning Commission and City Council of the City of Upland.

2. Subdivider also undertakes and agrees upon the same consideration to design, construct and install all improvements in accordance with the ordinances and regulations of the City, and to do all other and further acts required of it pursuant to this Agreement.

3. Subdivider agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the foregoing Final Parcel with respect to such improvements.

4. Subdivider agrees that all such improvements shall be constructed and completed in accordance with the city standards required by the City Engineer.

In case of dispute, the good faith judgment of the City Engineer shall be final and binding upon the parties.

5. Subdivider undertakes and agrees that all of the work of improvement shall be completed within three hundred sixty five (365) days from the date of execution of this Agreement.

6. Should Subdivider fail to comply with any of the terms or provisions of this Agreement, Subdivider shall be liable to the City for the reasonable value of any work or improvements not completed or improperly done or performed. In the event of any such failure, the City shall give to Subdivider written notice thereof.

Unless the work or improvements covered by said notice, including defective work and improvements, are commenced by Subdivider within fifteen (15) days of the date of said notice and diligently prosecuted to completion, the City may at its option:

Revised: August 17, 2023
a) Collect from Subdivider the reasonable value of the work and improvements not so done and performed by Subdivider, to be measured by the anticipated costs and expenses of completing the same; or b) The City may complete said work and improvements not so completed by Subdivider and collect its costs and expenses in completing the same; or
c) The City may, as to some of such work and improvements, proceed under remedy (a) above, and as to the remainder, under remedy (b) above.

The City may change any election prior to trial of any lawsuit, and prior thereto no election of remedies shall be binding upon the City. In either event, there shall be included in said “costs and expenses,” the reasonable overhead expenses of the City. In addition to the foregoing, Subdivider shall be liable to the City for reasonable attorneys’ fees and court costs incurred by the City in enforcing the obligations of Subdivider under this Agreement.

7. All slope banks over three (3) feet in vertical height within said Parcel Map shall be landscaped with landscaping approved by the City Engineer. Sprinklers shall be installed on all slopes over three (3) feet in vertical height along arterial streets and shall be of a type and according to a sprinkler plan approved by the City Engineer, with sprinkler turn-ons at the tops of the slopes, and connected with the remainder of the water systems of the lots of which such slopes are a part.

8. Subdivider shall, at its sole cost and expense, secure and furnish to the City, bonds in a form approved by the City, executed by a corporation authorized to transact surety business within the State of California, for the following amounts and purposes:
(a) A bond in the amount of $ 0 guaranteeing full performance of all the terms of this Agreement, see Performance Bond No.___. (b) A bond in the amount of $ 0 securing payment to the contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them with respect to said public improvements, see Labor and Materials Bond No._____.
(c) A cash deposit in the amount of $ 5,000.00 securing the setting of monuments.

9. Acceptance of any work or improvements by the City shall not constitute an acknowledgment by the City that the same are properly done or performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so readily apparent, Subdivider shall repair any defects which occur in the work of improvements within a one (1) year period thereof following acceptance by the City.

10. As a condition precedent to the acceptance of the improvements hereunder as being complete and prior to the release of any bonds required under paragraph 8, hereof, securing the faithful performance of Subdivider’s obligations hereunder, Subdivider shall give a bond with a corporate bonding company or similar instrument, satisfactory to the City in the amount of $ 0 as guarantee and warranty of the work for a one (1) year period following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

11. Except as to the sole and exclusive negligence of City, its elected officials, officers agents and employees, Subdivider hereby agrees to indemnify, defend and hold harmless, the City, its elected officials, officers, agents and employees from and against any and all claims, demands, suits, actions or proceedings of any kind or

Revised: August 17, 2023
nature, including, but not by way of limitation, all civil claims, workers’ compensation claims, costs, expenses or damages to property or injuries to or death of any person or persons, including attorneys fees and all other claims, whether groundless or not, arising out of or related to the acts, errors or omissions of Subdivider, its officers, agents, employees, consultants, subcontractors or other persons, companies or other entities using roadways/streets of the subdivision, performing labor, transporting and/or supplying material, designing, constructing or installing the improvements contemplated in this Subdivision Agreement. Where the Subdivider divides the project in phases and or allows construction vehicles or construction traffic use the same roadways/streets used by residents of the subdivision causing accidents, the Subdivider shall indemnify the City, its officers, its employees and its agents from any and all liability, claims, damages, or injuries to any person or property arising from the Subdivider’s actions or actions of his employees, agents, and contractors.

12. All notices to Subdivider may be sent to K Property Management LLC, 23717 Hawthorne Blvd, Suite 201 Torrance, CA 90505 or at such other address of which the City shall receive notice in writing specifically calling attention to this Agreement.

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

K Property Management LLC,
a California limited liability company

BY

BY

CITY OF UPLAND, a municipal Corporation

BY
Michael Blay, City Manager

ATTEST
Keri Johnson, City Clerk

1.54 AC.
1 0.58 AC.
2 1 inch = 40 ft.

GRAPHIC SCALE
N

PLOTTED EASEMENTS

N I N T H S T R E E T

IN THE CITY OF UPLAND

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 8750, AS PER MAP FILED IN BOOK 106 OF PARCEL MAPS, PAGES 70 AND 71, RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND STATE.

SHEET 1 OF 1 SHEET

ENGINEER
OWNER
NOTES
·
·
·
·
·
·
·
LEGEND

BASIS OF BEARINGS

UTILITY SERVICE PROVIDERS
SITE

VICINITY MAP
N
B
E

N

S

O

N
M
O

U

N

T

A

I

N
B.N.S.F.

R
.

W
.

TYPICAL SECTION

NINTH STREET
A

V

E

N

U

E

A

V

E

N

U

E

NOT PLOTTABLE EASEMENTS

EXISTING FENCE / WALL HEIGHT

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? ___ YES If yes, please identify the Council Member(s):
___ NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.

_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name

(Levine Act definitions on reverse side)
7/11/2024
K Property Management LLC
4 4

LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS

Term Definition Law
Covered
"proceedings"
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.

FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the
subject of, a proceeding involving a license, permit, or other entitlement for use.

Gov. Code 84308(a)(1)
Participant
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a
particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.

Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for the
purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.

FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the
successful bidder refuses or fails to execute the
contract, to the next lowest bidder with a responsive
bid.

FPPC Reg
18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective
bargaining or with a representative group regarding
the salary, benefits, or terms and conditions under an
employment or retirement policy for employees or
retirees, including a project labor agreement entered
under Public Contract Code Section 2500.

FPPC Reg
18438.2(a)(3)(B)
Personal
Employment
Contract
A contract for employment, including the terms and
conditions of employment, between the agency and
an agency employee. A contract with an independent
contractor is NOT a personal employment contract.

FPPC Reg
18438.2(a)(3)(C)-(D)

DATE: July 22, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

TRACY SENDLDORFER, UTILITY BILLING & CUSTOMER SERVICE SUPERVISOR SUBJECT: PUBLIC HEARING TO CONSIDER DELINQUENT WATER, SEWER, AND REFUSE

SERVICE CHARGES TO BE COLLECTED ON THE TAX ROLL

RECOMMENDED ACTION:

It is recommended that the City Council conduct a public hearing, accept the report of delinquent water, sewer, and refuse service charges, and authorize the delinquent charges to be placed on the tax roll.

GOAL STATEMENT
The proposed action supports the City’s goal to manage the City's resources in a fiscally responsible manner.

BACKGROUND
On June 9, 2014, pursuant to Health & Safety Code Sections 5473 and 5473a, the City Council elected to have delinquent charges for water and sewer service collected on the property tax roll. Subsequently, on April 13, 2015, pursuant to Health & Safety Code Sections 5473 and 5473a, the City Council elected to have delinquent refuse service collected on the tax roll as a special assessment. Placing these delinquent charges on the property tax roll as a special assessment allows the City to recoup this revenue for services already provided.

ISSUES AND ANALYSIS
Each year the City prepares a “Finance Officer's Lien Schedule” of all delinquent accounts due to the City, for placement on the property tax rolls pursuant to Sections 38790.1 and 25831 of the California Government Code. Pursuant to Health & Safety Code Sections 5473 and 5473.11, this written report contains the amount of all delinquent water, sewer and refuse service accounts with an initial outstanding balance over $4,000 that have been unpaid for a least 60 days and a description of each parcel of real property with such an account. This year, a total of 60 delinquent accounts were identified.

Notification of the public hearing and the City’s intent to place the delinquent account balance on the tax roll was sent by mail on June 20, 2024, and was published in the Inland Valley Daily Bulletin on July 5 and 12, 2024. This provided the property owner with the opportunity to pay the delinquent cha rges or provide proof that the delinquent account balance was incurred before acquiring the property.

As of the publication date of this report, the total due on the 59 remaining delinquent accounts is $386,503.17. A detail of all delinquent accounts is included in the attached Finance Officer's Lien Schedule. A final list will be created, after applying any payments, credits and other adjustments received by close of business on August 1, 2024. All accounts still delinquent after that date will be submitted to the County Auditor-Controller's Office on August 8, 2024, in order to be placed on the County property tax rolls for collection. All amounts collected by the County will subsequently be remitted to the City.

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 IMPACT
As of the publication date of this report, Staff is presenting 59 accounts with delinquent amounts outstanding for water, sewer, refuse for a total of $391,459.17, which includes an administrative fee. The administrative fee of $84.00 per

account (per Resolution No. 6742) is included in the amount of assessment on each property to offset the City's cost, as well as the County fee for processing submitted assessments.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

Line Account #Parcel # Water Refuse Sewer Fees Lien Assessment Filing Fee (Administrative Recording Fee) Account Total
1 301-0751.80 1047-055-26-0000 2,741.97$ 956.05$ 1,205.33$ 84.00$ 4,987.35$ 2 301-1036.39 1047-045-02-0000 3,391.71$ 1,159.86$ 1,620.99$ 14.75$ 84.00$ 6,271.31$ 3 301-3361.64 1047-044-05-0000 2,171.69$ 1,159.86$ 1,603.69$ 84.00$ 5,019.24$ 4 305-0431.52 1047-272-14-0000 2,206.58$ 1,625.52$ 1,383.47$ 84.00$ 5,299.57$ 5 305-2223.09 1046-641-14-0000 5,058.40$ 1,197.89$ 1,442.85$ 84.00$ 7,783.14$ 6 307-0373.32 1047-293-05-0000 2,891.06$ 1,076.97$ 1,324.09$ 28.00$ 84.00$ 5,404.12$ 7 311-0109.40 1007-553-15-0000 4,036.65$ 1,065.11$ 1,443.46$ 84.00$ 6,629.22$ 8 329-0351.43 1046-373-26-0000 5,078.94$ 1,149.12$ 1,554.75$ 84.00$ 7,866.81$ 9 337-0061.58 1046-313-14-0000 3,136.59$ 779.14$ 960.95$ 84.00$ 4,960.68$ 10 361-5927.21 1045-262-06-0000 4,057.28$ 615.07$ 664.05$ 84.00$ 5,420.40$ 11 361-6186.02 1006-161-34-0000 2,590.38$ 1,358.20$ 1,554.75$ 84.00$ 5,587.33$ 12 365-3188.02 1006-231-43-0000 4,338.15$ 955.25$ 1,554.75$ 15.75$ 84.00$ 6,947.90$ 13 383-3363.32 1006-14-16-0000 2,935.53$ 1,864.43$ 1,554.75$ 84.00$ 6,438.71$ 14 383-7222.28 1006-081-19-0000 2,702.87$ 693.40$ 1,020.33$ 84.00$ 4,500.60$ 15 385-2200.22 1005-441-64-0000 6,958.43$ 520.01$ 844.43$ 84.00$ 8,406.87$ 16 385-2724.20 1005-191-18-0000 4,651.73$ 834.75$ 1,200.71$ 84.00$ 6,771.19$ 17 385-4305.11 1005-081-51-0000 3,249.05$ 1,107.77$ 1,319.47$ 84.00$ 5,760.29$ 18 385-4512.02 1005-461-15-0000 2,976.58$ 988.65$ 1,378.85$ 84.00$ 5,428.08$ 19 387-1157.24 1005-321-09-0000 2,666.06$ 1,168.23$ 1,358.19$ 84.00$ 5,276.48$ 20 387-1163.91 1005-321-12-0000 3,027.14$ 926.39$ 1,141.33$ 84.00$ 5,178.86$ 21 387-1330.28 1005-161-52-0000 3,070.15$ 770.67$ 1,319.47$ 28.00$ 84.00$ 5,272.29$ 22 387-7084.04 1005-091-24-0000 8,259.84$ 1,051.49$ 1,438.23$ 84.00$ 10,833.56$ 23 395-3740.21 1004-111-40-0000 2,368.45$ 1,091.25$ 1,484.95$ 84.00$ 5,028.65$ 24 395-3745.11 1004-111-39-0000 3,347.41$ 1,091.25$ 1,497.61$ 84.00$ 6,020.27$ 25 521-2200.24 1043-321-05-0000 5,531.31$ 732.15$ 1,081.95$ 84.00$ 7,429.41$ 26 521-5756.15 1043-261-11-0000 5,161.99$ 516.63$ 963.19$ 56.00$ 84.00$ 6,781.81$ 27 531-4078.03 1044-012-13-0000 2,256.44$ 383.17$ 666.29$ 84.00$ 3,389.90$ 28 541-0884.28 1005-121-42-0000 4,473.65$ 1,754.87$ 1,438.23$ 84.00$ 7,750.75$ 29 541-3289.24 1005-151-65-0000 5,233.76$ 1,237.80$ 1,022.57$ 84.00$ 7,578.13$ 30 541-5620.41 1044-331-11-0000 4,735.94$ 965.46$ 1,319.47$ 84.00$ 7,104.87$ 31 551-0079.47 1044-561-03-0000 2,550.11$ 911.50$ 1,143.56$ 84.00$ 4,689.17$ 32 551-0082.19 1044-561-04-0000 3,315.04$ 790.58$ 1,024.80$ 84.00$ 5,214.42$ 33 551-1193.36 1044-601-12-0000 4,847.84$ 1,153.34$ 1,361.34$ 84.00$ 7,446.52$ 34 604-2493.02 1047-121-51-0000 2,526.83$ 873.42$ 1,262.32$ 28.00$ 84.00$ 4,774.57$ 35 618-1426.22 1046-224-21-0000 3,092.85$ 1,127.73$ 1,515.15$ 84.00$ 5,819.73$ 36 630-0358.37 1045-541-39-0000 3,306.37$ 1,153.34$ 1,326.46$ 84.00$ 5,870.17$ 37 630-0476.06 1045-531-14-0000 10,700.71$ 1,127.73$ 1,559.22$ 84.00$ 13,471.66$ 38 632-0129.15 1045-491-19-0000 2,246.29$ 1,140.69$ 1,559.22$ 84.00$ 5,030.20$ 39 640-0646.73 1045-382-37-0000 4,624.06$ 859.91$ 1,264.71$ 84.00$ 6,832.68$ 40 640-0791.04 1045-382-08-0000 3,920.66$ 1,159.86$ 1,620.99$ 53.00$ 84.00$ 6,838.51$ 41 642-0279.66 1045-422-28-0000 5,251.65$ 1,085.66$ 1,502.23$ 84.00$ 7,923.54$ 42 642-0323.56 1045-431-27-0000 2,794.54$ 876.15$ 1,502.23$ 84.00$ 5,256.92$ 43 642-0366.32 1045-423-09-0000 2,754.03$ 808.61$ 1,205.33$ 84.00$ 4,851.97$ 44 644-0607.25 1045-234-01-0000 2,837.12$ 818.96$ 1,205.33$ 84.00$ 4,945.41$ 45 644-0930.58 1045-231-09-0000 3,216.04$ 1,076.97$ 1,313.01$ 84.00$ 5,690.02$ 46 644-0956.26 1045-233-04-0000 6,769.75$ 450.08$ 730.29$ 84.00$ 8,034.12$ 47 646-0076.18 1045-432-42-0000 2,560.28$ 1,116.28$ 1,561.61$ 84.00$ 5,322.17$ 48 646-0080.20 1045-432-40-0000 3,323.36$ 1,013.81$ 1,442.85$ 84.00$ 5,864.02$ 49 646-0412.37 1045-191-36-0000 2,752.84$ 1,013.81$ 1,442.85$ 84.00$ 5,293.50$ 50 648-0016.09 1045-176-17-0000 3,088.90$ 1,013.81$ 1,442.85$ 84.00$ 5,629.56$ 51 652-0428.26 1045-091-14-0000 4,153.28$ 1,065.11$ 1,475.19$ 84.00$ 6,777.58$ 52 658-0032.44 1044-551-29-0000 6,630.79$ 774.67$ 1,027.19$ 84.00$ 8,516.65$ 53 658-0147.35 1044-551-29-0000 3,675.16$ 450.08$ 730.29$ 84.00$ 4,939.53$ 54 676-0205.30 1044-071-09-0000 9,040.87$ 1,016.51$ 1,264.71$ 84.00$ 11,406.09$ 55 676-1887.16 1043-221-29-0000 8,884.81$ 1,116.28$ 1,561.61$ 84.00$ 11,646.70$ 56 676-1899.11 1043-221-31-0000 5,706.25$ 1,259.92$ 1,561.61$ 84.00$ 8,611.78$ 57 676-4023.12 1043-061-38-0000 3,699.93$ 1,065.11$ 1,502.23$ 84.00$ 6,351.27$ 58 676-5012.03 1043-191-04-0000 6,114.73$ 601.75$ 967.81$ 28.00$ 84.00$ 7,796.29$ 59 676-6193.06 1043-351-38-0000 10,733.89$ 1,197.89$ 1,442.85$ 28.00$ 84.00$ 13,486.63$ 250,424.71$ 58,915.97$ 76,882.99$ 279.50$ 4,956.00$ 391,459.17$ Finance Officer's Lien Schedule
Grand Totals

DATE: July 22, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO, HOUSING MANAGER
SUBJECT: CONSIDER APPROVAL OF THE 2024 WEED ABATEMENT PROGRAM SPECIAL

ASSESSMENT LIST AND THE PLACEMENT OF SPECIAL ASSESSMENTS ON THE

ASSOCIATED PROPERTIES

RECOMMENDED ACTION:

It is recommended that the City Council approve the 2024 Weed Abatement Program Special Assessment List and authorize staff to submit the list to the San Bernardino County Tax Assessor’s Office for placement of special assessments (property liens) on the properties.

GOAL STATEMENT
The proposed action supports the City’s goal to promote and enhance the quality of life in Upland by removing public nuisances with the potential of jeopardizing the health and safety of the community from private and public properties.

BACKGROUND
On February 26, 2024, City Council adopted Resolution No. 6764 declaring unmaintained weeds, grasses, and vegetation and dead or dying and combustible debris a public nuisance, as well as a fire hazard and dangerous to persons and properties within the City. This program is referred to as the Weed Abatement program and it is intended to protect the health, safety, and welfare of the community by minimizing public nuisances and to minimize fire hazards. To prepare for the Weed Abatement season, over the past six months staff inspected over 22,000 parcels.

While voluntary compliance is strongly encouraged, several properties were unable to correct these issues within the given timeframe. A special assessment will be placed on the property owner’s tax bill to cover any unresolved fees or fines placed on the property or abatement conducted by the City.

ISSUES AND ANALYSIS
For the Weed Abatement Inspection Program, a total of 112 properties are identified for having outstanding fees, fines or in need of abatement totaling $48,940.00. More specifically,

• 78 - Unpaid Notices to Comply ($115.00 fine / Total: $8,970) • 26 - Unpaid Notices to Comply & Abate ($555.00 fine / Total: $14,430) • 4 - Unpaid Notice to Comply, Abate and Warrant ($755.00 fine / Total: $3,020.00) • 4 - City coordinated property abatements ($550.00 fine plus abatement costs / Total: $22,520.00)

Attached to this staff report is a list of the above-mentioned properties unresolved fees or fines. Staff is required to receive City Council approval in order to forward this list to the San Bernardino County Assessor’s Office prior to the August 10, 2024 deadline. Once approved, a special assessment (property lien) will be placed on these properties that will require the property owner to pay these costs at the time their property taxes are due.

ENVIRONMENTAL DETERMINATION
Implementation of the Weed Abatement Program is exempt and not subject to the California Environmental Quality Act (CEQA) per Section 15378 of the CEQA Guidelines. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
The City Weed Abatement Program is supported by the City’s General Fund. For FY 2024 -25 a total of $87,000 was allocated to support this program. Any fees or fines collected through the implementation of this program are used to offset the cost of providing this service to the community.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

ABATEMENT

SERVICES

1. 619 W VERNON DR, Upland, CA 91786 104634101 115.00$ 440.00$ 200.00$ 3,300.00$ $ 4,055.00

2. 649 W VERNON DR, Upland, CA 91786 104634102 115.00$ 440.00$ 200.00$ 9,250.00$ $ 10,005.00

3. 171 FERN AVE, Upland, CA 91786 104661126 115.00$ 440.00$ 200.00$ 4,250.00$ $ 5,005.00

4. 216 WINN DR, Upland, CA 91786 104629127 115.00$ 440.00$ 200.00$ 2,700.00$ $ 3,455.00

5. 1088 E 8TH ST, Upland, CA 91786 104710309 115.00$ 440.00$ 200.00$ -$ $ 755.00

6. 200 E 13TH ST, Upland, CA 91786 104554217 115.00$ 440.00$ 200.00$ -$ $ 755.00

7. 2134 N 1ST AVE, Upland, CA 91784 104333108 115.00$ 440.00$ 200.00$ -$ $ 755.00

8. 2305 SECOND AVE, Upland, CA 91784 104306138 115.00$ 440.00$ 200.00$ -$ $ 755.00

9. 1579 PALOMINO AVE, Upland, CA 9178 100612204 115.00$ 440.00$ -$ -$ $ 555.00

10. 1001 GOLDEN RAIN ST, Upland, CA 917 100716104 115.00$ 440.00$ -$ -$ $ 555.00

11. 1476 SALINA ST, Upland, CA 00000 104649122 115.00$ 440.00$ -$ -$ $ 555.00

12. 1434 E 9TH ST, Upland, CA 91786 104650121 115.00$ 440.00$ -$ -$ $ 555.00

13. 676 N EUCLID AVE, Upland, CA 00000 104626104 115.00$ 440.00$ -$ -$ $ 555.00

14. 654 WINN DR, Upland, CA 00000 104631318 115.00$ 440.00$ -$ -$ $ 555.00

15. 394 WINN DR, Upland, CA 91786 104629117 115.00$ 440.00$ -$ -$ $ 555.00

16. 1346 RANDY ST, Upland, CA 91786 100749213 115.00$ 440.00$ -$ -$ $ 555.00

17. 609 JUNIPER AVE, Upland, CA 91786 100720103 115.00$ 440.00$ -$ -$ $ 555.00

18. 1523 CARNATION WAY, Upland, CA 917 104504405 115.00$ 440.00$ -$ -$ $ 555.00

19. 1403 N TULARE WAY, Upland, CA 91786 104528216 115.00$ 440.00$ -$ -$ $ 555.00

20. 1626 WILSON AVE, Upland, CA 91784 100542409 115.00$ 440.00$ -$ -$ $ 555.00

21. 2167 KELLY AVE, Upland, CA 91784 100423139 115.00$ 440.00$ -$ -$ $ 555.00

22. 2267 SHIRLEY WAY, Upland, CA 91784 100407141 115.00$ 440.00$ -$ -$ $ 555.00

23. 1921 N VALLEJO WAY, Upland, CA 91784 104403121 115.00$ 440.00$ -$ -$ $ 555.00

24. 2121 N LAUREL AVE, Upland, CA 91784 104331126 115.00$ 440.00$ -$ -$ $ 555.00

25. 629 E 7TH ST, Upland, CA 91786 104708421 115.00$ 440.00$ -$ -$ $ 555.00

26. 236 1ST AVE, Upland, CA 91786 104706208 115.00$ 440.00$ -$ -$ $ 555.00

27. 492 N 8TH AVE, Upland, CA 91786 104644322 115.00$ 440.00$ -$ -$ $ 555.00

28. 1382 E FOOTHILL BLVD, Upland, CA 917 104614108 115.00$ 440.00$ -$ -$ $ 555.00

29. 1382 SHELLEY AVE, Upland, CA 91786 104537133 115.00$ 440.00$ -$ -$ $ 555.00

30. 719 VALADEZ ST, Upland, CA 91786 104551121 115.00$ 440.00$ -$ -$ $ 555.00

31. 1380 N GROVE AVE, Upland, CA 91786 104544406 115.00$ 440.00$ -$ -$ $ 555.00

32. 1425 N GROVE AVE, Upland, CA 91786 104517603 115.00$ 440.00$ -$ -$ $ 555.00

33. 1467 DIEGO WAY, Upland, CA 91786 104519137 115.00$ 440.00$ -$ -$ $ 555.00

34. 1770 N EUCLID AVE, Upland, CA 91784 104437103 115.00$ 440.00$ -$ -$ $ 555.00

35. 2214 LAUREL, Upland, CA 91784 104324118 $ 115.00 $ - -$ -$ $ 115.00

36. 1368 E 9TH ST, Upland, CA 91786 104650112 $ 115.00 $ - -$ -$ $ 115.00

37. 766 N 2ND AVE, Upland, CA 91786 104627307 $ 115.00 $ - -$ -$ $ 115.00

38. 651 N 2ND AVE, Upland, CA 91786 104626211 $ 115.00 $ - -$ -$ $ 115.00

39. 745 N 2ND AVE, Upland, CA 00000 104627213 $ 115.00 $ - -$ -$ $ 115.00

40. 771 N 2ND AVE, Upland, CA 91786 104627211 $ 115.00 $ - -$ -$ $ 115.00

41. 185 S 2ND AVE, Upland, CA 91786 104660215 $ 115.00 $ - -$ -$ $ 115.00

42. 251 S VALLEJO WAY, Upland, CA 00000 104702417 $ 115.00 $ - -$ -$ $ 115.00

43. 616 WINN DR, Upland, CA 91786 104630302 $ 115.00 $ - -$ -$ $ 115.00

44. 79 ELIZABETH LN, Upland, CA 91786 104705506 $ 115.00 $ - -$ -$ $ 115.00

45. 381 S 3RD AVE, Upland, CA 91786 104707324 $ 115.00 $ - -$ -$ $ 115.00

46. 361 S CAMPUS AVE, Upland, CA 91786 104708410 $ 115.00 $ - -$ -$ $ 115.00

47. 1000 HIGHLAND CT, Upland, CA 91786 104711405 $ 115.00 $ - -$ -$ $ 115.00

48. 1082 HIGHLAND CT, Upland, CA 91786 104711410 $ 115.00 $ - -$ -$ $ 115.00

49. 755 HIGHLAND CT, Upland, CA 91786 104711210 $ 115.00 $ - -$ -$ $ 115.00

50. 700 N MOUNTAIN AVE, Upland, CA 9178 100719104 $ 115.00 $ - -$ -$ $ 115.00

51. 1187 COLLEEN CT, Upland, CA 00000 100618123 $ 115.00 $ - -$ -$ $ 115.00

52. 1336 WINN DR, Upland, CA 91786 100722407 $ 115.00 $ - -$ -$ $ 115.00

53. 1348 RANDY ST, Upland, CA 91786 100749212 $ 115.00 $ - -$ -$ $ 115.00

54. 376 W 8TH ST, Upland, CA 91786 104705102 $ 115.00 $ - -$ -$ $ 115.00

55. 8475 LOMA PLACE, Upland, CA 91786 100728201 $ 115.00 $ - -$ -$ $ 115.00

WEED ABATEMENT PROGRAM - SPECIAL ASSESSMENT LIST

LOCATION APN WARRANT TOTAL NOTICE TO
ABATE

NOTICE TO
COMPLY

56. 467 HERVEY AVE, Upland, CA 91786 100744225 $ 115.00 $ - -$ -$ $ 115.00

57. 959 N CENTRAL AVE, Upland, CA 91786 100705127 $ 115.00 $ - -$ -$ $ 115.00

58. 1638 W HUNTINGTON DR, Upland, CA 9 100746204 $ 115.00 $ - -$ -$ $ 115.00

59. 350 CLAREMONT BLVD, Upland, CA 91 100736201 $ 115.00 $ - -$ -$ $ 115.00

60. 146 MASON WAY, Upland, CA 91786 100755201 $ 115.00 $ - -$ -$ $ 115.00

61. 578 JUNIPER, Upland, CA 91786 100718121 $ 115.00 $ - -$ -$ $ 115.00

62. 334 W 13TH ST, Upland, CA 91786 104557108 $ 115.00 $ - -$ -$ $ 115.00

63. 1266 N PALM AVE, Upland, CA 91786 104556107 $ 115.00 $ - -$ -$ $ 115.00

64. 1766 ALBRIGHT AVE, Upland, CA 91784 104431127 $ 115.00 $ - -$ -$ $ 115.00

65. 946 W 18TH ST, Upland, CA 91784 100536141 $ 115.00 $ - -$ -$ $ 115.00

66. 286 EUCLID PL, Upland, CA 91786 104661207 $ 115.00 $ - -$ -$ $ 115.00

67. 1635 WILSON AVE, Upland, CA 91784 100544106 $ 115.00 $ - -$ -$ $ 115.00

68. 1604 N TULARE WAY, Upland, CA 91784 104458205 $ 115.00 $ - -$ -$ $ 115.00

69. 292 N BODENHAMER ST, Upland, CA 917 104649321 $ 115.00 $ - -$ -$ $ 115.00

70. 410 N 10TH AVE, Upland, CA 91786 104644110 $ 115.00 $ - -$ -$ $ 115.00

71. 861 KENWOOD ST, Upland, CA 91784 104401117 $ 115.00 $ - -$ -$ $ 115.00

72. 2296 N LAUREL AVE, Upland, CA 91784 104323213 $ 115.00 $ - -$ -$ $ 115.00

73. 1783 N SAN ANTONIO AVE, Upland, CA 104431103 $ 115.00 $ - -$ -$ $ 115.00

74. 1561 N EUCLID AVE, Upland, CA 91786 104505521 $ 115.00 $ - -$ -$ $ 115.00

75. 446 WINN DR, Upland, CA 91786 104629114 $ 115.00 $ - -$ -$ $ 115.00

76. 662 N LAUREL AVE, Upland, CA 91786 104628301 $ 115.00 $ - -$ -$ $ 115.00

77. 908 E WASHINGTON BL BLVD, Upland, C 104645305 $ 115.00 $ - -$ -$ $ 115.00

78. 178 N 12TH AVE, Upland, CA 91786 104653111 $ 115.00 $ - -$ -$ $ 115.00

79. 229 S SAN ANTONIO AVE, Upland, CA 91 104701111 $ 115.00 $ - -$ -$ $ 115.00

80. 1483 W 8TH ST, Upland, CA 91786 100761213 $ 115.00 $ - -$ -$ $ 115.00

81. 840 AZURE CT, Upland, CA 91786 104729207 $ 115.00 $ - -$ -$ $ 115.00

82. 405 S VALLEJO WAY, Upland, CA 91786 104727201 $ 115.00 $ - -$ -$ $ 115.00

83. 1930 N UKIAH WAY, Upland, CA 91784 104403104 $ 115.00 $ - -$ -$ $ 115.00

84. 783 W KENWOOD ST, Upland, CA 91784 104401215 $ 115.00 $ - -$ -$ $ 115.00

85. 254 N 9TH AVE, Upland, CA 91786 104645301 $ 115.00 $ - -$ -$ $ 115.00

86. 1386 BOWEN ST, Upland, CA 91786 104650150 $ 115.00 $ - -$ -$ $ 115.00

87. 1461 CHAFEE ST, Upland, CA 91786 104650163 $ 115.00 $ - -$ -$ $ 115.00

88. 580 E 9TH ST, Upland, CA 91786 104658210 $ 115.00 $ - -$ -$ $ 115.00

89. 208 S CAMPUS AVE, Upland, CA 91786 104710215 $ 115.00 $ - -$ -$ $ 115.00

90. 636 HIGHLAND CT, Upland, CA 91786 104708425 $ 115.00 $ - -$ -$ $ 115.00

91. 650 E 8TH ST, Upland, CA 91786 104709118 $ 115.00 $ - -$ -$ $ 115.00

92. 890 E 7TH ST, Upland, CA 91786 104719114 $ 115.00 $ - -$ -$ $ 115.00

93. 886 N 1ST AVE, Upland, CA 91786 104606130 $ 115.00 $ - -$ -$ $ 115.00

94. 388 E FOOTHILL BLVD, Upland, CA 9178 104608104 $ 115.00 $ - -$ -$ $ 115.00

95. 433 N 8TH AVE, Upland, CA 91786 104644406 $ 115.00 $ - -$ -$ $ 115.00

96. 568 N CAMPUS AVE, Upland, CA 91786 104621109 $ 115.00 $ - -$ -$ $ 115.00

97. 57 E FOOTHILL BLVD, Upland, CA 91786 104555110 $ 115.00 $ - -$ -$ $ 115.00

98. 1216 BRANTLEY CT, Upland, CA 91786 104542322 $ 115.00 $ - -$ -$ $ 115.00

99. 1322 ALTA AVE, Upland, CA 91786 104545415 $ 115.00 $ - -$ -$ $ 115.00 100. 1161 N CAMPUS AVE, Upland, CA 91786 104553314 $ 115.00 $ - -$ -$ $ 115.00 101. 562 E PINE ST, Upland, CA 91786 104553306 $ 115.00 $ - -$ -$ $ 115.00 102. 780 PORTILLO ST, Upland, CA 91786 104540107 $ 115.00 $ - -$ -$ $ 115.00 103. 1189 14TH ST, Upland, CA 91786 104520164 $ 115.00 $ - -$ -$ $ 115.00 104. 1170 ARMANDO ST, Upland, CA 91786 104520144 $ 115.00 $ - -$ -$ $ 115.00 105. 1489 CARLOS WAY, Upland, CA 91786 104519120 $ 115.00 $ - -$ -$ $ 115.00 106. 1475 DIEGO WAY, Upland, CA 91786 104519136 $ 115.00 $ - -$ -$ $ 115.00 107. 1423 COLE LN, Upland, CA 91784 104476104 $ 115.00 $ - -$ -$ $ 115.00 108. 335 LURLINE CT, Upland, CA 91784 104437405 $ 115.00 $ - -$ -$ $ 115.00 109. 343 MATSONIA CT, Upland, CA 91784 104454330 $ 115.00 $ - -$ -$ $ 115.00 110. 1894 N EUCLID AVE, Upland, CA 91784 104425106 $ 115.00 $ - -$ -$ $ 115.00 111. 2008 N EUCLID AVE, Upland, CA 91784 104351128 $ 115.00 $ - -$ -$ $ 115.00 112. 2380 EUCLID AVE, Upland, CA 91784 104305111 $ 115.00 $ - -$ -$ $ 115.00 Total 12,880.00$ 14,960.00$ 1,600.00$ 19,500.00$ 48,940.00$

DATE: July 22, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN P. DEITSCH, CITY ATTORNEY

STEPHEN PARKER, ASSISTANT CITY MANAGER
SUBJECT: CONSIDER APPROVAL OF A THIRD AMENDMENT TO THE CITY MANAGER

EMPLOYMENT AGREEMENT

RECOMMENDED ACTION:

It is recommended that the City Council approve the Third Amendment to the City of Upland City Manager Employment Agreement with Michael Blay, providing him with a 4% COLA with an effective date of June 23, 2024, as identified in the Executive Management Compensation and Benefit Plan approved by the City Council on June 12, 2023.

GOAL STATEMENT
The proposed action supports the City’s goal of ensuring stability and consistency in City management.

BACKGROUND
In October 2021, the Upland City Council approved an Employment Agreement with Michael Blay to serve as City Manager (“Employment Agreement”). The City Manager’s first date of employment was November 9, 2021.

On June 12, 2023, the City Council approved the Executive Management Compensation and Benefit Plan.

On June 12, 2023, in a City Council meeting open session in accordance with the Ralph M. Brown Act, the City Council approved the First Amendment to the Employment Agreement, which set the City Mana ger’s annual base salary at $273,573.73. Prior thereto, the City Manager had voluntarily deferred any increase in base salary until conclusion of negotiations with all four of the City’s labor bargaining units. In addition, the First Amendment provided for an increase in the City’s contribution to the City Manager’s deferred compensation 401(a) plan from 9% to 14% of the City Manager’s base salary. This increase was in lieu of any step increase in salary and any COLA increase that otherwise might have been possible in July 2023.

On January 22, 2024 in a City Council meeting open session in accordance with the Ralph M. Brown Act, the City Council approved the Second Amendment to the Employment Agreement, which set the City Manager’s deferred compensation contribution to 19% of his base salary.

ISSUES AND ANALYSIS
On June 12, 2023, the City Council approved the Executive Management Compensation and Benefit Plan (“Plan”).

In Section 2.b. of Article 3 – Compensation it says “Effective June 23, 2024, all employees in this unit shall receive a four percent (4%) COLA increase in base salary.” Appendix A of the Plan lists the Classifications in the Plan as City Manager, Assistant City Manager, Chief of Police, Public Works Director and Development Services Director.

The proposed Third Amendment to the Employment Agreement would increase the City’s contribution to the City Manager’s salary by $10,943, effective June 23, 2024, as previously approved by City Council. This increase is not subject to the Public Employment Retirement System benefit calculation based on salary following any future retirement of the City Manager, as the 2% at 62 formula the City Manager is a member of currently has a cap of $175,250, which is more than $95,000 below the City Manager’s existing salary.

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
With this action, the annual compensation, including fringe benefits, paid to the City Manager will increase by $12,660, with the General Fund’s portion being $4,430. The City’s FY 24/25 operating budget included an assumed 4% COLA at the beginning of the fiscal year and a 5% increase for the City Manager as of his November anniversary date.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

46708.00102\41938581.1

THIRD AMENDMENT TO THE CITY OF UPLAND CITY

MANAGER EMPLOYMENT AGREEMENT
(MICHAEL BLAY)
This Third Amendment to the City Manager Employment Agreement (“Third Amendment”) between the City of Upland (“City”) and Michael Blay (“Employee”) is entered into this 22nd day of July, 2024.

RECITALS
WHEREAS, City entered into an original City Manager Employment Agreement with Employee on October 25, 2021 (“Original Agreement”), and amended it on June 12, 2023 (“First Amendment”) and January 22, 2024 (“Second Amendment”); and

WHEREAS, City and Employee now desire to further amend the Original Agreement, as amended by the First Amendment and Second Amendment, to increase City’s contribution to Employee’s salary.

AGREEMENT
NOW, THEREFORE, the above named parties hereby mutually agree and promise as follows:

1. The language amended by the First Amendment to Section 3.A of the Original Agreement is hereby amended to read as follows:

“Base Salary: City agrees to pay City Manager an annual base salary, of Two Hundred Eighty-Four Thousand Five Hundred Sixteen Dollars and Sixty-Seven Cents (284,516.67), payable in installment at the same time that other management employees of Employer are paid.”

2. The increase set forth in Section 1 above shall become effective beginning June 23, 2024.

3. Except as amended by this Third Amendment, all other terms and provisions of the Original Agreement, as amended by the First Amendment and Second Amendment, shall remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

46708.00102\41938581.1 2

SIGNATURE PAGE TO

THIRD AMENDMENT TO THE CITY OF UPLAND

CITY MANAGER EMPLOYMENT AGREEMENT
(MICHAEL BLAY)
The City and Employee have duly executed this Third Amendment as of the date first written above.

CITY OF UPLAND EMPLOYEE

By: By:

DATE: July 22, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER ADOPTING RESOLUTIONS PLACING A BUSINESS LICENSE TAX

MEASURE ON THE NOVEMBER BALLOT

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution calling for the placement of a Business License Tax Measure known as the “Upland public safety, streets, city services measure” on the November 5, 2024 General Municipal Election Ballot for submission to the qualified voters, adopt a Resolution requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 5, 2024 with the Statewide General Election to be held on that date pursuant to §10403 of the Elections Code, and adopt a Resolution providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a city measure to be submitted at the November 5, 2024 General Municipal Election.

GOAL STATEMENT
The proposed action supports the City’s goal of being fiscally responsible.

BACKGROUND
It is unclear how long the City has had a business license tax as records do not identify an established date, but on June 26, 1978, on the heels of the passage of Proposition 13, the City Council passed urgency Ordinance No. 1171 increasing the business license tax by 50%.

The most recent modification to the business license tax was on December 20, 1993, when the City Council passed Ordinance No. 1614.

ISSUES AND ANALYSIS
Upland’s business license tax, which hasn’t been modified in almost 30 years, has an outdated structure. The largest businesses in the City, with revenues of over $100 million a year, pay the same rate as business es that make $1.4 million a year - $864. At the same time, the rate relative to gross revenue that a small business making $100,000 a year pays is 2.3 times higher than the rate a business making $1.4 million pays, 23 times higher than the rate a business making $14 million a year pays and 163 times higher than the rate a business making $100 million a year pays.

Therefore, staff is proposing the business license tax for modernization.

Currently the City receives around $1.2 million a year on business license taxes. These funds are recorded in the City’s General Fund and are used in part to fund local services, such as police officers who respond to crimes and public works employees who clean and maintain public areas and provide street and sidewalk repairs. In an effort to modernize the City’s business license tax as well as yield revenue that can provide improved services to our business community and residents, the City is proposing the placement of a Business License Tax Measure (Measure) on the ballot.

The main revisions proposed by the Measure are:

1) Reducing the minimum business license tax from $54 to $50, with the minimum being subject to an annual Consumer Price Index increase (not to exceed 5% per year); 2) Increasing the annual gross receipts threshold before any business license tax above the minimum $50 would be due (from $20,000 to $100,000);

3) Raising the maximum/cap on business license taxes paid from $864 to $29,500, with the cap being subject to an annual Consumer Price Index increase (not to exceed 5% per year); 4) Streamlining the municipal code by removing one-offs like fees for the number of employees, exclusions for alcohol sales, references to outdated professions like chirothesiast, lapidary and oculist, and flat tax callouts for circuses, public utilities, massage technicians, arcade games, dancing clubs, canvassers and taxicabs; 5) Establishing a business license tax rate schedule based on annual gross receipts (above the first $100,000) by business type as follows:

Retail/General Commercial 0.075% of gross annual receipts Contractor 0.2% of gross annual receipts
Rental, Commercial or Residential 0.3% of gross annual receipts General Service (nonprofessional or non-
semiprofessional) (e.g. hair and nail salons)

0.17% of gross annual receipts
Professional or Semiprofessional Service 0.175% of gross annual receipts

The City engaged HdL to evaluate the effects of an update to the business license tax.

Business Gross Receipts Under $100,000 $100,000 - $1 million Over $1 million Total Number of Businesses 3,083 2,040 596 5,719
Current BL Tax Paid $281,554 $493,269 $456,065 $1,230,888 Estimated BL Tax With Measure $154,050 $1,110,407 $3,265,708 $4,530,165 Businesses with Decrease 2,930 (95%) 618 (30%) 18 (3%) 3,566 (62%) Current Percent of Tax Paid 23% 40% 37% 100%
Estimated Percent Paid With
Measure 3% 25% 72% 100%

From the above chart you can see that with the proposed Measure , almost every small business is anticipated to see a decrease. In fact, over 62% of all businesses are projected to see a decrease in their business license tax with the proposed Measure. It is estimated that 30% of medium-sized businesses (between $100,000 and $1 million in gross annual receipts) will see a decrease with the proposed Measure.

Large businesses (over $1 million in gross receipts) are currently paying 37% of business license taxes the City receives - less than the medium businesses. With the proposed Measure, large businesses would pay a larger share of the overall business license tax, with 72% of the taxes paid coming from that group.

The placement of a business license tax measure on the November 5, 2024 election ballot requires a 2/3 affirmative vote of the City Council (four affirmative votes) and requires a resolution of the Council be adopted prior to August 9, 2024.

If the measure passes, the estimated $3,500,000 in additional business license tax revenue would have a positive impact on the City maintaining 911 emergency response times, repairing streets and roads, responding to smash-and- grab robberies, repairing potholes, cleaning and maintaining public areas and retaining local small businesses and jobs.

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
Based on prior election costs, a ballot measure on the November 2024 General Municipal Election was estimated to cost $25,000 and is included in the City Clerk’s FY 24/25 operating budget. As a general tax, the new revenue would

be deposited in the General Fund and considered general tax revenue. The proceeds would be audited as part of the City’s annual audit along with the rest of the City’s funds. The business license tax is estimated to produce approximately $3.5 million additional annually.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA CALLING FOR THE PLACEMENT OF
A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024

GENERAL MUNICIPAL ELECTION BALLOT FOR THE

SUBMISSION TO THE QUALIFIED VOTERS OF A

PROPOSED ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 5.04 OF THE CITY’S MUNICIPAL CODE AS IT
RELATES TO BUSINESS LICENSE TAXES.

WHEREAS, pursuant to Chapter 5.04 of the Upland Municipal Code, the City of Upland (“City”) currently imposes a business license tax on various businesses within the City based upon gross receipts, number of employees or a flat rate; and

WHEREAS, the City Council desires to propose an amendment to various Sections of Chapter 5.04 of the Upland Municipal Code to change the rates of the License Tax to those set forth herein for the purpose of raising revenue to provide City services and supplement the General Fund; and

WHEREAS, the proposed amendment to the License Tax ordinance has been designed to better align the City’s tax rates with the current types and distribution of businesses located within the City; and

WHEREAS, pursuant to Section 9222 of the California Elections Code and Section 37101 of the California Government Code, the City Council has the authority to place a measure on the ballot regarding the imposition, extension or increase in a local business license tax to be considered by the voters at a Municipal Election; and

WHEREAS, the business license tax is a general tax, the revenue of which will be placed in the City’s general fund and will be used to pay for important general City services; and

WHEREAS, this measure could provide funding for repairing streets, potholes; cleaning/maintaining public areas, addressing homelessness, and upgrading and repairing sidewalks; which may be significantly more expensive to repair in the future; and

WHEREAS, this measure will provide additional general funding that could be used to increase the number of police officers to respond to local 9-1-1 emergency calls; retain qualified police officers; respond to robberies; and maintain crime prevention programs; and

WHEREAS, the measure incorporates accountability requirements including annual audits and public disclosure of how all funds are spent; and

WHEREAS, all revenues generated by the proposed business license tax would stay within the City of Upland and could not be used by any other agency or taken for other purposes outside of the City; and

Resolution No.

WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended, or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and

WHEREAS, the proposed amendments which adjust the rate of the License Tax constitute a tax “increase” subject to Proposition 218; and

WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIII C, § 2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and

WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is November 5, 2024; and

WHEREAS, pursuant to Government Code section 53724 (“Proposition 62”), a two-thirds (2/3) vote of all members of the City Council is required to place the Measure on the November 5, 2024 ballot; and

WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of the business license tax are described and provided for in the ordinance/measure attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, in accordance with all applicable laws.

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

Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.

Section 2. Submission of Ballot Measure. Pursuant to Article XIIIC, section 2(b), California Elections Code section 9222, California Government Code section 53724, and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of all members, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 5, 2024.

Section 3. Ballot Question. The City Council, pursuant to its right and authority, hereby orders that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

Resolution No.

“Upland public safety, streets, city services measure

Shall the measure maintaining 911 emergency response,
neighborhood police patrols; repairing streets, potholes; cleaning/maintaining public areas, addressing homelessness; retaining local businesses; and general City services by updating Upland’s business license tax to establish rates set forth in the measure, reducing taxes on small businesses, no tax increase on residents, generating approximately
$3,500,000 annually until ended by voters; requiring public spending disclosure, audits, local funding control, be
adopted?”

YES
NO

Section 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 5. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure.

The City Council directs that arguments for and against the measure may be filed in accordance with applicable law, and that neither City Council as a body or any individual member of Council is directed to file a written argument or any rebuttal argument for or against the measure.

The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure _____. If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at (909) 931-4120 and a copy will be mailed at no cost to you.”

Section 6. Notice of the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide. A statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.

Resolution No.

Section 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 5, 2024, file with the Board of Supervisors and the County Clerk – Registrar of Voters of the County of San Bernardino, State of California, a certified copy of this Resolution.

Section 9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

Section 10. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

Section 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.

Section 12. This Resolution shall become effective upon its adoption.

Section 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 22nd day of July 2024.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 22nd day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Exhibit “A”
Business License Tax

[attached behind this page]

ORDINANCE NO. 2024-____

AN ORDINANCE OF THE PEOPLE OF THE CITY OF UPLAND,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 5.04
OF TITLE 5 OF THE UPLAND MUNICIPAL CODE AS IT RELATES TO

ADJUSTING THE RATES OF BUSINESS LICENSE TAXES WITHIN
THE CITY.

(NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout)

THE PEOPLE OF THE CITY OF UPLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Upland at the General Municipal Election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, the following sections of Chapter 5.04 of the Upland Municipal Code are hereby amended to read as follows:

"Chapter 5.04 – BUSINESS LICENSES GENERALLY
. . .

5.04.060 Substitute for other revenue ordinance.

Persons required to pay a business license fee tax/ business tax for conducting or carrying on any business under the provisions of this title shall not be relieved from the payment of any other license tax, assessment or fee for the privilege of doing such business required under any other ordinance of the city as contained in the Upland Municipal Code and shall remain subject to the regulatory provisions of all such other ordinances and provisions of this code.
. . .

5.04.080 Definitions.
. . .

As used in this title:
"Apartment house" or "duplex" means a building or buildings, or portion of a building, each of which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of three or more families living independently of each other and doing their cooking in such building or buildings. "Business" means and includes professions, trades and occupations, and all and every kind of calling carried on for profit or livelihood.
"Conduct or carry on" means and includes the engaging in, carrying on or operating of any business, trade, art, profession, calling, employment, occupation, or any commercial, industrial or professional pursuit or vocation. “Contractor” means every person, firm or corporation conducting, managing

or carrying on the business of contractor, subcontractor or builder; or engaging in the construction or repair of any buildings; or engaged in any engineering, construction, or operating whatever, or advertising as such, or representing themselves as such, and regularly employing help for building construction, sewer construction, plumbing construction or general construction. Examples include but are not limited to construction, plumbing, HVAC, and other contractors required to be licensed by the State Contractors Licensing Board.
"Fixed place of business" means a location in the city at which is kept a substantial stock of merchandise or equipment and/or occupied with a competent person in attendance in connection with business of like nature or character and upon which city and county taxes are assessed and paid.
"General building contractor" means a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
"General engineering contractor" means a contractor whose principal contracting business is in connection with fixed works for any or all of the following divisions or subjects: Irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports and airways, sewerage and bridges.
“General Service” means any services, as that term is ordinarily and commonly used and understood, wherein individuals are engaged in the business of offering to the public services for compensation, and which is not a professional or semiprofessional service/calling or not otherwise specifically covered under any other part, chapter or section of this chapter.

Examples include but are not limited to hair stylists, gardeners, nail salons, etc.

"Gross receipts" means and includes, whether designated as sales price, royalty, rent, slotting fee, commission, dividend, or other designation, the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of material, goods, wares or merchandise. Included in gross receipts shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts shall be:

1. Cash discounts allowed and taken on sales;

2. Credit allowed on property accepted as part of the purchase price and which property may later be sold;

3. Any tax required by law to be included in or added to the purchase price and

collected from the consumer or purchaser;

4. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;

5. Amounts collected for others where the business is acting as agent or trustee to the extent that such amounts are paid to those for whom collected.

These agents or trustees must provide the license official with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustee;

6. That portion of the receipts of a general contractor which represent payments to subcontractors; provided, that such subcontractors are licensed under the provisions of this title, and provided the general contractor furnishes the license official with the names and addresses of the subcontractors and the amounts paid each subcontractor. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded.

Home Occupations. The provisions of Chapter 17.124 shall apply. "Hotel, motel or roominghouse" means any lodginghouse, motel, hotel, rooming house, or public or private club containing three or more guest rooms or units, and which is occupied or is intended or designed for transient occupancy by three or more guests, whether rent is paid in money, goods, labor or otherwise and which is maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public whether with or without meals.
"Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies and individuals transacting and carrying on any business in the city, other than as an employee.

“Professional or semiprofessional service/calling” means any service, as that term is ordinarily and commonly used and understood wherein individuals are engaged in the business of offering to the public professional or semiprofessional services for compensation, and not specifically covered under any other part, chapter or section of this chapter, and shall include those professions generally requiring governmental certification or a professional degree. These shall include, but not be limited to the following:
accountant, advertising agent (except outdoor advertising), appraiser, architect, artist, attorney-at-law, biologist, certified public accountant, chemist, chiropractor, collection agent, consulting or design engineer, credit counselor, credit rater, dentist, designer, illustrator, doctor of medicine, draftsman, engraver, engineer—civil, chemical, structural or hydraulic— entomologist, geologist, insurance claims adjuster, laboratory, landscape architect, lapidary, lithographer, massage therapist/technician, mechanical engineer, oculist, optometrist, orthodontist, osteopathic physician,

personnel consultant, physician, real estate agent or broker— including salespersons—surgeon, surveyor and veterinarian.
"Public utility" means any person furnishing the public with communication, water, light, gas, heat, power, cable distribution systems, or other public utility or service. “Rental, commercial or residential” means the business of leasing, renting, letting or otherwise hiring out for rent any apartment, single-family or multiple-family dwelling unit in the City as the home or residence for a tenant, or the business of leasing, renting, letting or otherwise hiring out for rent any real property within the City that is used for commercial, industrial, institutional or other non-residential purposes within the City. Examples include but are not limited to commercial leasing, residential rental, parcel leasing, and short-term rentals, hotels, motels, and roominghouses, etc. “Retail/General Commercial” means any establishment or business that conducts retail (the sale of goods to ultimate consumers, usually in small quantities), or wholesale (the sale of goods in quantity, as to retailers or jobbers, for resale), or restaurant (an establishment where meals, prepared food, and/or beverages are served to customers). Manufacturers and processors are also included in this classification, including every person conducting or carrying on a business consisting of manufacturing, packing, or processing any goods, wares, merchandise or commodities at a fixed place of business within the City or conducting or carrying on a business of cold storage or refrigeration. Warehouses are also included in this classification, including establishments primarily engaged in operating merchandise warehousing and storage facilities. Examples include but are not limited to:
retailers, wholesalers, hotels, restaurants, and manufacturers. "Selling" means and includes selling, offering to sell or contracting to sell, at wholesale or retail, any goods, wares or merchandise.
"Solicitors, canvassers and peddlers" as used herein and for the purposes of this title, are defined to be and to include any person not having a fixed place of business in the city, who for him or herself, or as agent, or representative for or of another, goes f rom place to place, and from house to house, in the city offering to sell intangibles, such as bonds or stocks, or oil or mining shares or units, or articles, goods, wares or merchandise, or soliciting orders for future delivery, or taking orders, or subscriptions, or selling or disposing of any such articles or services inclusive of newspapers, magazines, periodicals, books and all other publications, and whether collecting advance payments or not, and inclusive of all persons who thus go from place to place, and from house to house within the city, in any like or analogous activities, including those who solicit funds or articles for charitable purposes, and inclusive of any and all such persons who may or may not engage in any actual or purported interstate commerce. The terms solicitors, canvassers or peddlers shall not apply to sidewalk vendors operating in compliance with Chapter 5.76, or to commercial salesmen, agents and the like who sell or take orders for goods at wholesale.
"Specialty contractor" means a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting

business involves the use of specialized building trades or crafts. "Yard sales" means any event other than a sales activity operated in conjunction with a regularly licensed commercial or retail operation which is advertised by any means whatsoever as a place or location to which members of the public, at any time, may purchase identifiable or tangible personal property; also included in this definition are garage sales, patio sales, rummage sales or any other similar sales.

5.04.090 Imposition of fees taxes – License required – Compliance with article chapter.

A. There are imposed upon the businesses, trades, professions, callings and occupations specified in this title license fees business taxes in the amounts hereinafter prescribed. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city so to do or without complying with any and all applicable provisions of this title and the Upland Municipal Code.

B. This section shall not be construed to require any person to obtain a license and pay the business license tax prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California.

C. Persons not required to obtain a license or pay the business license tax prior to doing business within the city because of conflict with applicable statutes of the United States or of the state of California shall not be liable for payment of the fee tax imposed by this title.

D. In any trade or profession where a state license is required, such license shall first be exhibited to the license tax official upon request before a city license will be issued.
. . .

5.04.100 Business license a receipt, not a permit.

The business license issued pursuant to the provisions of this title constitutes a receipt for the license fee business tax paid and shall have no other legal effect. A business license is a requirement, not a permit, to conduct, manage or carry on any business activity within the city.

5.04.110 Branch establishments.

A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants or lots used in connection with, and incidental to a business licensed under the provisions of this title shall not be deemed to be separate places of business or branch establishments. The license fee for such businesses shall be the amount applicable to the highest licensed business plus one- half each additional license of the other businesses conducted at such location or other location unless otherwise provided. Each establishment must pay the tax for each location.