Agenda packet, first session — Upland City Council, August 12, 2024 (part 3 of 3)

• Monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval.
• Receives, investigates, and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action.
• Directs the establishment and maintenance of working and official division files. • Ensures staff compliance with City and mandated safety rules, regulations, and protocols.
• Performs other duties as assigned.

QUALIFICATION GUIDELINES:

Knowledge of:
• Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and project management. • Principles and practices of budget development and administration. • Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. • Principles and practices of leadership.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned areas of responsibility. • Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility.
• Principles and practices of contract administration and management. • Civil, hydraulic, mechanical, and sanitary engineering theory, principles, and practices, including their application to a wide variety of water production and distribution applications.
• Principles, procedures, standards, practices, information sources, and trends in the fields of municipal water production and distribution facility operations. • Principles and practices of engineering and construction, including project and construction management as applied to municipal water production and distribution facility operations.
• Environmental engineering principles, practices, and methods. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
• Recent and on -going developments, current literature, and sources of information related to the operations of the assigned division.
• Methods and techniques of preparing technical and administrative reports, and general business correspondence.
• City and mandated safety rules, regulations, and protocols. • Modem equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
• Plan, organize, oversee, and manage the Utilities division staff and operations.

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• Develop and implement goals, objectives, practices, policies, procedures, and work standards.
• Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner.
• Provide administrative, management, and professional leadership for the division. • Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies, procedures, and standards relevant to work performed.
• Evaluate and develop improvements in operations, procedures, policies, or methods. • Perform and coordinate utility studies and other assigned programs and projects. • Make persuasive oral and written presentations.
• Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
• Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
• Analyze, interpret, summarize, and present technical information and data in an effective manner.
• Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports. • Effectively represent the division and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, the media, and in meetings with individuals.
• Direct the establishment and maintenance of a variety of filing, record -keeping, and tracking systems.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Effectively use computer systems, software applications relevant to work performed, and modem business equipment to perform a variety of work tasks. • Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education:
• Equivalent to a bachelor's degree from an accredited college or university with major coursework in civil engineering, business administration, public administration, or a related field.
o (Substitution: An associate degree plus five (5) additional years of related experience may substituted for the required bachelor's degree.) l2erience:
• Seven (7) years of increasingly responsible experience in water production and distribution system operations, or a related field, of which two (2) years should be in a lead or supervisory capacity.

Licenses and Certifications:
• Possession of a valid California Driver's License, to be maintained throughout employment.
• Possession of a valid registration as a Professional Engineer (PE) issued by the California State Board of Registration for Civil and Professional Engineers, to be maintained throughout employment.
• Possession of a valid Grade V (D-5) Water Distribution Certificate from the State of California, to be maintained throughout employment.

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Possession of a valid registration as a Professional Engineer (PE) issued by the Califomia State Board of Registration for Civil and Professional Engineers, to be maintained throughout employment.

PHYSICAL AND MENTAL DEMANDS:

Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, cant', push, and pull materials and objects up to 25 pounds.

WORK ENVIRONMENT:

Employees typically work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances; incumbents may occasionally be exposed to live electricity and high frequency noise, treated water with chemicals and pesticides and contact with grease, oil, smoke, fumes, and gasses.

Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

DETAILS:

Department/Division: Public Works/ Utilities
Provides Direction To: Chief Water Treatment Operator, Utility Field Supervisor, Utility Worker, Sr. Utility Worker, Utility Meter Reader, Water Treatment Operator, Sr. Water Treatment Operator, Water Conservation Management Analyst, GIS Technician.

Exemption Status: Exempt
Employment Grouping: Mid -Management
Date Prepared: July 1, 2015, November2022
Date Updated: July 1, 2019, January 23, 2023

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ZAN& F

WATERWORKFORCE
tn WATER AND WASTEWATER EXPERTS
Cost Summary Sheet
DATE: August 9, 2023
CLIENT: City of Upland
060 N. Euclid Avenue
Upland CA 91786
SUBJECT: City of Upland — Temporary Staffing Rates

1. Contact/Project Manager for WaterWorkforce
Bret Kadel
951-202-6604
[email protected]

2. Scope of Services:

STAFFING SUMMARY:

CONTRACTOR: WATERWORKFORCE Inc.
1618 Couples Court
Upland CA 91784
This role, operating under the guidance of allocated management, is responsible for carrying out assigned task orders to support the operational needs of the City of Upland Utility Division. These responsibilities encompass on -call services and staff augmentation positions as specified in the "Temporary Staffing Rates."
ESSENTIAL FUNCTIONS and CERTIFICATIONS REQUIRED:

The essential functions and necessary certifications are all detailed in City of Upland job descriptions.

These encompass a wide range of roles, including Water Production, Water Treatment, Water Distribution, Sewer Collections, and Electrical/Technical positions within the City of Upland Utility Division. All on -call services and staff augmentation will require compliance with these essential functions and certifications, ensuring the proper coverage and expertise for the designated roles.

EQUIPMENT USE:

Equipment for all job duties and/or task orders will be provided by the "client". Any additional equipment needed will billed as follows:
11Page
Page A4N

tn! N. ILAATERWORKFORCE

WATER AND WASTEWATER EXPERTS

3. Temporary Staffing Rates:
°1 11 '•
°
Utility Systems Worker - Water Trainee 11
Utility Systems Worker - Sewer Trainee
Utility Worker I/I1- Sewer 1 11
Lead Utility Worker - Sewer $641.11
Water Meter Technician ', .: 1 1
Lead Water Meter Technician ', : 11
Utility System Worker Water ', 1 11
Senior Utility System Worker ', : 1 11
Cross Connection Control Technician 11
!Water Treatment Operator 1/II
Lead Water Treatment Operator 11
Chief Water Treatment Operator
Utility System Worker Supervisor 11
Utilities Manager 11
Apprentices for Water and Sewer
(WaterWorkforce Apprenticeship)
1 ' • 1
1 1
1 1
1 1
1 1
1 1
On -Call Support:

If an Operator is expected to provide On -Call support, they shall be compensated in the following manner:
• Standby On -Call: if WaterWorkforce Operator is expected to remain in the vicinity of the Client system and in a ready -to -respond status during off hours on a day where they have already worked a shift, this time will be compensated as one (1) regular hour of time. On days where they have not worked a shift and are expected to remain in a ready -to -respond status (off days), time will be compensated as two (2) regular hours of time.
• Activated On -Call: if WaterWorkforce Operator is called to respond to a system alarm or emergency after hours to Client system, then this time will be charged at a minimum of two (2.5) hours or for the total duration of time from departure from domicile to return to domicile, whichever is greater.

Standard labor laws shall apply if Operator happens to have accrued the appropriate number of hours to constitute overtime.
2 1 P a g e
Page A&13

eAA

WATERWORKFORCE
tn:; WATER AND WASTEWATER EXPERTS
Bret Kadel
1619 Couples Ct, Upland CA 91784
Phone # 840-977-8740
bretk@ waterworkforce.com
City of Upland
Braden Yu, P.E.

Public Works Director
060 N. Euclid Avenue, Upland CA 91786
Quote Request
Date
Quote.#
7/31 /2023
1116
Expiration
8/31/2023
Representative
Terms
Project
Bret Kadel
Net 30
Operations
Quantity
(hours).

I
Category
Description
Rate
Amount
360
Operations
p
Recruit, screen, interview, and assign temporary
employee(s) to perform the type of work described on Task Order(s) (Exhibit A) provided. This is under City of Upland supervision at the locations specified.
$135.00
$48,600.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
www.waterworkforce.com
Total $48,600.00
Payments/Credits
Balance Due
Approval to Proceed (Name and Title) M 1 cky-f'( b
Signature and Date
9 -/c _ L

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4 OF Upt9

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
n�t:FOB�t�
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.

W1NO

W1NO
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. 08/05/2024
Date
Sig ature of authorize ndividual
WaterWorkforce, Inc
Company/Applicant Name
(Levine Act definitions on reverse side)

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LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term
Definition
Law
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:

Covered
(1) Applied for by the party;
FPPC Reg 18438.2(a)
"proceedings"
(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.

Any person who files an application for, or is the
Party
subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1)
other entitlement for use.

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 Gov. Code 84308(a)(2)
Participant
the decision. A person actively supports or opposes a
FPPC Reg 18438.4
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.

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

A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the
FPPC Reg
Competitively Bid
successful bidder refuses or fails to execute the
18438.2(a)(3)(A)
contract, to the next lowest bidder with a responsive
bid.

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

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

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 12t", 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Kompass Group, a Florida corporation with its principal place of business at (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

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

Engineering Administration (hereinafter referred to as "the Project").

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $150,000 per fiscal year of the City (the first partial fiscal year's maximum compensation shall be reduced to the prorated amount based on the remaining number of days between August 12, 2024 and June 30, 2025) . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

C. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000) Any additional work in excess of this amount shall be approved by the City Council.

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3. Additional Work.

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

4. Maintenance of Records.

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

5. Term
The term of this Agreement shall be from August 12th, 2024 to June 30th, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

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

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

C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
2

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

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

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

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

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. 3

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(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. for the following:
(iii) Commercial General Liability Insurance must include coverage (1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

Automobile Liabi
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self -insured retention.

C. Workers' Compensation/Employer's Liability
rd

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(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

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

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

Evidence Required
5

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

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

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

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
7

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

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

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

14. Verification of Employment Eligibility.

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

15. Reserved

16. Laws and Venue.

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

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

19. Organization
Consultant shall assign Victor Gomez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. above.

20. Limitation of Agreement.

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

21. Notice
9

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

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
and shall be effective upon receipt thereof.

22. Third Party Rights
CONSULTANT:

Kompass Group
175 SW 7th ST, Suite 2417
Miami, FL 33130
Attn: Victor Gomez
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

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

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

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

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

27. Non -Waiver
10

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

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

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

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND KOMPASS GROUP
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND KOMPASS GROUP
Approved By. -
IN
-31
Stephen Parker for Michael Blay
City Manager Its:

Attested by:

By:

Printed Name:
-31
Keri Johnson
City Clerk Its:

Approved as to form:

AS
Best Best & Krieger LLP
City Attorney
Printed Name:
12

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EXHIBIT A
Scope of Services
The consultant's scope of work includes, but is not limited to the following Tasks and Duties:
• Accurately understand the details of City, State and Federal contractual and funding processes. • Develop an accurate scope of work outlining agency requirements and needs while ensuring strict adherence to code and funding compliance.
• Accurately analyze vendor proposals for proper scope, experience, and budgetary items to ensure the city is getting best value. Assist in the selection of consultants to prepare master plans. • Review and confirm time estimates and project costs based on city requirements and general practice.
• Coordinate between consultants and city to ensure city satisfaction and minimize public inconvenience. This includes contract management, scheduling weekly or biweekly meeting coordination, reporting of progress, field issues, after-hours work, progress updates, submittals, and change request management.
• Work with consultants to develop projected schedules that accurately reflect the required time for each milestone in the overall requirement.
• Ensure projects stay on -time and on -budget through oversight and quality control methods. • Navigate city through complex technical, contractual, or regulatory issues. • Provide creative solutions to help lower costs or meet project objectives. • Provide documented inspections or field observations on all work being performed, supplies needed, or equipment used for the data collection.
• Liaise with and provide advice to city staff and administration regarding the projects. • Provide regular reports and progress updates to the city as required • Present to and attend meetings of management and City Council and/or Committees as required • Issue Request(s) for Proposals for all master plan contract work and conduct any tendering necessary to complete the projects in accordance with city's policies, and with industry standards. • Responsibility for management of master plan projects, including all matters related to health and safety and site security.
• Obtain required permits, certifications, inspections, etc. as required by applicable codes and laws. • Set, manage and control costs and schedules to ensure that the project cost and schedule objectives outlined in the RFP bid are met.
• Prepare periodic project progress/status and cost reports for review • Oversee, schedule, and manage all consultants involved in each project • Manage deficiency correction, contract close-out, and the project wrap-up • Provide design services as needed
13

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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out -of -scope work being performed by Consultant. This is a time -and -materials contract.
(See attached fee schedule)
14

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Kompass Group Inc. Rate Schedule
Period of Service: 2024-2025
Hourly Rates:

Principal in Charge
$180.00
Project Manager/Construction Manager/Licensed Surveyor
$170.00
Traffic Engineer (TE)
$160.00
Senior Engineer/Project Engineer (PE)/Senior Plan Checker $160.00
Assistant Project Manager/Associate Engineer
$150.00
Assistant Engineer/Plan Checker/Designer
$140.00
AutoCAD Technician
$130.00
Engineering Technician
$100.00
Clerical
$90.00
Forensic Engineering
$275.00
Expert Witness Testimony
$375.00
Terms and Conditions:
* Rates are valid from January 1, 2024, to December 31, 2025.

Page 265 of 313 ends

OF
` CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
�9taFoa�4 �
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.

XNO

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):
/0 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.

Datd Signature of authorized i ividual/ --
4OmI��S �DuP L.

Company/Applicant Name
(Levine Act definitions on reverse side)

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Covered
(1) Applied for by the party;
"proceedings"
(2) Formally or informally requested by the party; or
FPPC Reg 18438.2(a)
(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.

Any person who files an application for, or is the
Party
subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1)
other entitlement for use.

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 Gov. Code 84308(a)(2)
Participant
the decision. A person actively supports or opposes a
FPPC Req 18438.4
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.

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

Personal
A contract for employment, including the terms and
Employment
conditions of employment, between the agency and
FPPC Reg
Contract
an agency employee. A contract with an independent
18438.2(a)(33)(C)-(D)
contractor is NOT a personal employment contract.

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P. `I FU P LA N D
"The City of Gracious Living"
C�tIFOB�S
DATE: August 12, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

RICHARD SMIDERLE, OPERATIONS MANAGER

MATTHEW SLAGLE, ACTING FACILITIES SUPERVISOR
SUBJECT: CONSIDER APPROVAL OF A PURCHASE ORDER WITH LOWES FOR FISCAL YEAR 2024/25
RECOMMENDED ACTION:

It is recommended that the City Council approve a blanket purchase order for Lowes Home Improvement in the amount of $76,000.

GOAL STATEMENT
The proposed action supports the City's goal of providing excellent customer service to the community and continuing to maintain and improve City public infrastructure.

BACKGROUND
The Public Works Department maintains a wide range City infrastructure including but not limited to, asset protection and management of streets, sidewalks, parks, park playground structures, park asset protection and management of streets, sidewalks, parks, park playground structures, park lighting, park restroom facilities, streetlights, citywide signage, trees and building facilities. In order to properly maintain this infrastructure, Public Works staff regularly purchase general hardware, materials, and equipment. Staff utilizes several vendors for these purchases throughout the year, resulting in multiple purchases in small dollar amounts. However, the cumulative amount of these purchases may exceed the City Manager's annual purchasing authority for each vendor of $50,000.

This issue can be resolved through the use of City Council -approved annual Blanket Purchase Orders (`BPOs").

Section 9.2 Blanket Purchase Orders of the City's Purchasing Policy allows the City to contract with a vendor to provide equipment or supplies on an as -needed and often over-the-counter basis. Blanket Purchase Orders provide a mechanism whereby items which are uneconomical to stock may be purchased in a manner that allows field operations timely access to necessary materials.

ISSUES AND ANALYSIS
It remains imperative that the Public Works Department have the ability to effectively purchase hardware supplies and/or tools, etc. from local vendors on a regular basis. Blanket Purchase Orders (BPO) provide efficient control of the purchases of supplies and facilitates the acquisition of small dollar items ($10,000 or less per item) needed for daily operations that are otherwise uneconomical to store or to procure through formal bidding processes. The current fiscal years' estimated expenses at Lowes Home Improvement are expected to exceed the $50,000 signing authority of the City Manager as prescribed in the City's Purchasing Policy and Procedure Manual. Therefore, staff are requesting that the City Council approve a BPO for Lowes in the anticipated amount of $76,000.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environment Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a "project" and thus is exempt.

FISCAL IMPACTS
The City's adopted Fiscal Year 2024-25 budget consists of twenty-one (21) separate accounts totaling $76,000 which will be used in conjunction with the Lowes Purchase Order request.

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ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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TANYA GARCIA, MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF THE FIRST AMENDMENT TO THE AMENDED AND

RESTATED AGREEMENT BETWEEN THE CITY OF UPLAND AND BURRTEC WASTE INDUSTRIES, INC.

RECOMMENDED ACTION:

It is recommended that the City Council approve the First Amendment to the Amended and Restated Agreement between the City of Upland and Burrtec Waste Industries, Inc. for waste management services, and authorize the City Manager to execute the amendment and any related documents on behalf of the City.

GOAL STATEMENT
The proposed action supports the City's goal of providing high -quality cost-effective services to the community.

BACKGROUND
On June 27, 2022, the City Council adopted Resolution 6677 approving an Amended and Restated Agreement for Solid Waste Collection Processing and Disposal Services (Agreement) with Burrtec Waste Industries, Inc. (Burrtec).

On July 1, 2022, the Agreement went into effect. The agreement provides solid waste collection and disposal services as an exclusive franchise. The existing Agreement includes provisions for the collection, transportation, and disposal of residential and commercial waste within the City limits. Over the years, Burrtec has provided reliable and efficient services, contributing to the cleanliness and environmental health of our community.

ISSUES AND ANALYSIS
The proposed First Amendment to the Burrtec Agreement introduces several key changes aimed at enhancing our waste management and public sanitation services without imposing any additional financial burden on the city residents. The Amendment will not result in any rate increase. The proposed new services are funded by the City's Solid Waste Fund Enterprise Fund from existing franchise fees received from the Burrtec Agreement. This approach ensures cost stability and allows the city to manage its budget effectively while still expanding our service offerings.

Under the proposed First Amendment, Burrtec will take on the responsibility of providing comprehensive pressure washing services to maintain the cleanliness and hygiene of various public spaces in the city. These services are crucial for ensuring that our community spaces are clean, sanitary, and inviting for all residents and visitors.

Burrtec currently performs pressure washing of the Downtown sidewalks quarterly. Under the First Amendment, this service will be increased to a monthly basis. In addition to the scheduled monthly cleanings, Burrtec will also be available to provide on -call sidewalk pressure washing services up to ten times per year, addressing any urgent or unexpected cleanliness issues promptly.

Additionally, Burrtec will provide weekly parklet pressure washing of the four Downtown parklets. These parklets, which serve as vital communal spaces and will be maintained to high standards of cleanliness and hygiene; ensuring a pleasant environment for all users.

Burrtec will also provide complete interior pressure washing of all City park bathrooms and picnic benches every week. This service includes the use of disinfectants to ensure that these facilities remain not only clean but also sanitary, significantly enhancing the user experience and promoting public health.

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Finally, Burrtec will conduct curbside barrel pressure washing for all residential and commercial organics barrels once per calendar year. Additionally, each commercial organics dumpster will be pressure washed once per quarter. This service will follow a schedule approved by the Director of Public Works or their designated representative, ensuring that all barrels are maintained in a clean and hygienic condition throughout the year. These enhanced pressure washing services will play a critical role in ensuring participation of our approved SB1383 plan, and maintains the cleanliness and appeal of our public spaces, contributing to the overall well-being of our community

ENVIRONMENTAL DETERMINATION
The proposed action is the approval of an Amendment to an agreement and is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a "project" and thus is exempt.

FISCAL IMPACTS
The increased services proposed in the First Amendment will be added to the monthly bill provided by Burrtec in accordance with the rates established in the revised Exhibit M. These services will be funded by the City's Solid Waste Enterprise Fund with existing franchise fees received from the Burrtec Agreement.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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FIRST AMENDMENT

TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF UPLAND AND BURRTEC WASTE INDUSTRIES, INC. FOR SOLID WASTE

COLLECTION, PROCESSING AND DISPOSAL SERVICES

THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF UPLAND AND BURRTEC WASTE INDUSTRIES, INC. FOR SOLID WASTE COLLECTION, PROCESSING AND DISPOSAL SERVICES (this "Amendment") dated as of July 22, 2024, is made and entered into by and between the CITY OF UPLAND, a California municipal corporation ("City"), and BURRTEC WASTE INDUSTRIES, INC., a California corporation ("Collector").

RECITALS:

A. WHEREAS, on or about November 27, 2000, the City and Collector entered into an Agreement Between the City of Upland and Burrtec Waste Industries, Inc. For Solid Waste Collection, Processing and Disposal Services; and
B. WHEREAS, on or about July 1, 2022, the City and Collector entered into the Solid Waste Collection, Processing and Disposal Services Amended and Restated Agreement ("Agreement"); and
C. WHEREAS, Section 6.01 of the Agreement authorizes the City to expand services provided by Collector, the parties hereby wish to add ancillary street sweeping and park maintenance services to the list of services and make additional adjustments to the Agreement as set forth in this First Amendment to Agreement between the City of Upland and Burrtec Waste Industries for Solid Waste Collection, Processing and Disposal Services ("First Amendment").

NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Collector do hereby agree as follows:

Recitals. The foregoing Recitals are true and correct and are hereby incorporated by reference.

2. Article 4.09 Article 4.09 of the Agreement entitled "Sidewalk Steam Cleaning" is hereby deleted in its entirety and replaced by the following:

4.09 Pressure Washing Services.
a. Collector shall pressure wash the Downtown sidewalks each month and provide on call sidewalk pressure washing service up to ten (10) times per year. b. Collector shall pressure wash four (4) Downtown parklets each week. c. Collector shall provide complete interior pressure washing of all City Park Bathrooms, with disinfectant, each week.
d. Collector shall provide curbside barrel pressure washing for all residential and commercial trash, recycling and organics barrels once per calendar year as per the service schedule approved by the Director of Public Works or his/her designated representative.

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3. Article 10.01 Article 10.01 of the Agreement entitled "Collector Service Fees" shall be amended to read as follows:

10.01 Collector Service Fees. The Collector Shall receive payment, net of any applicable liquidated damages, for services rendered under this Agreement as compensation for performing Services (the "Service Fee") or portion thereof, according to rates set forth for each Customer's individual Services in Exhibit M. The Service Fee includes all Collector's Direct Costs and Indirect Cost plus profit or return, of providing Services including all fueling costs, regardless of the location of the fueling station and /or fuel types and labor and travel time to/from the fueling station.

Additionally, Collector shall receive payment for services rendered under this Agreement as compensation for preforming designated City Services directed by the City Manager or his/ her designated representative. No compensation shall be provided or paid to Collector by City or by any Customer except as expressly provided herein.

4. No Further Changes. Except as expressly modified by this First Amendment, the Agreement remains in full force and effect without modification or impairment.

5. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written.

CITY OF UPLAND
a California Municipal corporation
Bill Velto, Mayor
Attest:

COLLECTOR
BURRTEC WASTE INDUSTRIES, INC.,
a California corporation
9890 Cherry Avenue
Fontana, CA 92335
By:

Keri Johnson, City Clerk By:

APPROVED AS TO FORM:

By: By:

Stephen P. Deitsch, City Attorney
Cole Burr, President
Name, Title

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EXHIBIT M
Service Type
Residential Service
35-gallon trash barrel
65-gallon trash barrel
95-gallon trash barrel
Extra 35-gallon trash
Extra 65-gallon trash
Extra 95-gallon trash
Extra pick-up - barrel
Temporary Bins (7 day usage)
Temporary Bin - Extra Empty
Commercial Bin Trash Service
Size
Freq
1 1

1.5 1
2 1
2 2
2 3
2 4
2 5
2 6
3 1
3 2
3 3
3 4
3 5
3 6
4 1
4 2
4 3
4 4
4 5
4 6
5 1
5 2
5 3
5 4
5 5
5 6
6 1
6 2
6 3
6 4
6 5
6 6
July 2024
Rates

27.00 32.48

38.09 11.72

13.68 15.70

22.29 169.59
169.59
105.00
126.08
147.42
279.93
412.39
539.55
670.70
769.51
199.98
384.95
569.98
754.99
940.04
1,124.98
252.42
489.97
727.51
964.98
1,202.46
1,439.95
304.96
594.97
884.99
1,174.99
1,464.97
1,754.98
357.44
699.95
1,042.38
1,384.87
1,727.35
2,069.88
Commercial Barrel Trash Service
65-gallon trash barrel
$

32.48 95-gallon trash barrel
$

38.09 Exchange bbl (first free)
$

22.50 Extra pick-up - barrel
$

22.29 Service Type July 2024
Rates
Multi -Family
/ Residential Bin Trash w/Bulky
Item Program
Size
Freq
1 1
$ 113.23

1.5 1
$ 138.42
2 1
$ 163.88
2 2
$ 312.84
2 3
$ 461.76
2 4
$ 605.37
2 5
$ 752.98
2 6
$ 868.24
3 1
$ 224.66
3 2
$ 434.32
3 3
$ 644.03
3 4
$ 853.72
3 5
$ 1,063.45
3 6
$ 1,273.08
4 1
$ 285.33
4 2
$ 555.79
4 3
$ 826.24
4 4
$ 1,096.62
4 5
$ 1,367.01
4 6
$ 1,637.41
5 1
$ 346.10
5 2
$ 677.25
5 3
$ 1,008.40
5 4
$ 1,339.54
5 5
$ 1,670.66
5 6
$ 2,001.81
6 1
$ 406.81
6 2
$ 798.68
6 3
$ 1,190.48
6 4
$ 1,582.33
6 5
$ 1,974.18
6 6
$ 2,366.07
Commercial Compactor
Trash Service
3 1
$
365.41
3 2
$
716.07
3 3
$
1,066.72
3 4
$
1,417.40
3 5
$
1,768.08
3 6
$
2,118.74
4 1
$
478.26
4 2
$
941.55
4 3
$
1,404.90
4 4
$
1,848.69
4 5
$
2,307.12
4 6
$
2,765.62
Commercial Food Waste Service - Stand Alone
Size Freq
2 1 $ 274.11

Page 274 of 313 ends

EXHIBIT M
Service Type
July 2024
Rates
Service Type
2 2
July
$
2024
Rates
502.11
Commercial Recycling Bin Service (Extras)
Size
Freq
2 3
$
715.24
2 1
$
101.71
2 4
$
928.55
2 2
$
188.51
2 5
$
1,171.19
2 3
$
275.26
2 6
$
1,354.78
2 4
$
356.70
35-gallon Barrel
1 $

55.33 2
5 $
442.15
35-gallon Barrel
2 $

97.93 2
6 $
495.24
35-gallon Barrel
3 $
136.29
3 1
$
131.41
35-gallon Barrel
4 $
174.55
3 2
$
247.82
35-gallon Barrel
5 $
221.20
3 3
$
364.28
35-gallon Barrel
6 $
251.08
3 4
$
480.72
65-gallon Barrel
1 $

69.16 3
5 $
597.20
65-gallon Barrel
2 $
126.13
3 6
$
713.58
65-gallon Barrel
3 $
179.16
4 1
$
161.00
65-gallon Barrel
4 $
232.00
4 2
$
307.12
65-gallon Barrel
5 $
292.76
4 3
$
453.24
65-gallon Barrel
6 $
337.94
4 4
$
599.29
4 5
$
745.34
4 6
$
891.41
Commercial/Multi-Family
Green Waste Bin Service
Miscellaneous Charges
Pull-out (0-25 ft) - All services
N/C
Size Freq
35-gallon Barrel
1 $

22.53 Pull-out (26-50 ft) - 1 x Week
$

20.66 35-gallon Barrel
2 $

41.47 Pull-out (26-50 ft) - 2 x Week
$

26.56 35-gallon Barrel
3 $

60.41 Pull-out (26-50 ft) - 3 x Week
$

32.08 35-gallon Barrel
4 $

79.34 Pull-out (26-50 ft) - 4 x Week
$

38.38 35-gallon Barrel
5 $

98.29 Pull-out (26-50 ft) - 5 x Week
$

44.27 35-gallon Barrel
6 $
117.23
Pull-out 26-50 ft - 6 x Week
$

50.17 Pull-out (51-75 ft) - 1 x Week
$

23.60 65-gallon Barrel 1 $ 26.58
65-gallon Barrel
2 $

49.48 Pull-out (51-75 ft) - 2 x Week
$

32.46 65-gallon Barrel
3 $

72.37 Pull-out (51-75 ft) - 3 x Week
$

41.32 65-gallon Barrel
4 $

95.26 Pull-out (51-75 ft) - 4 x Week
$

50.17 65-gallon Barrel
5 $
118.17
Pull-out (51-75 ft) - 5 x Week
$

59.02 65-gallon Barrel
6 $
141.06
Pull-out 51-75 ft - 6 x Week
$

67.88 Pull-out (76-100 ft) - 1 x Week
$

26.56 2 1 $ 115.72
2 2
$
216.47
Pull-out (76-100 ft) - 2 x Week
$

38.38 2
3 $
317.23
Pull-out (76-100 ft) - 3 x Week
$

50.17 2
4 $
418.01
Pull-out (76-100 ft) - 4 x Week
$

61.96 2
5 $
518.72
Pull-out (76-100 ft) - 5 x Week
$

73.80 2
6 $
619.49
Pull-out 76-100 ft - 6 x Week
$

83.43 Pull-out (10 1 -125 ft) - 1 x Week
$

29.50 3 1 $ 152.39
3 2
$
289.79
Pull-out (10 1 -125 ft) - 2 x Week
$

44.27 3
3 $
427.21
Pull-out (10 1 -125 ft) - 3 x Week
$

59.02 3
4 $
564.60
Pull-out (10 1 -125 ft) - 4 x Week
$

73.80 3
5 $
702.07
Pull-out (10 1 -125 ft) - 5 x Week
$

88.53 3
6 $
839.48
Pull-out 101-125 ft - 6 x Week
$
103.29
4 1
$
189.01
Pull-out (126-150 ft) - 1 x Week
$

32.46 4
2 $
363.06
Pull-out (126-150 ft) - 2 x Week
$

50.17 4
3 $
537.09
Pull-out (126-150 ft) - 3 x Week
$

67.88 4
4 $
711.16
Pull-out (126-150 ft) - 4 x Week
Page$275
0$510

EXHIBIT M
Service Type
July 2024
Rates
Service Type
July 2024
Rates
4 5
$
885.23
Pull-out (126-150 ft) - 5 x Week
$
103.29
4 6
$
1,059.26
Pull-out 126-150 ft - 6 x Week
$
121.00
Pull-out (over 150 ft) - 1 x Week
Pull-out (over 150 ft) - 2 x Week
$
$

35.41 56.05
Multi -Family / Residential Mixed Organics
Size
Freq
Pull-out (over 150 ft) - 3 x Week
$

76.73 15-gallon Barrel
1 $

33.54 Pull-out (over 150 ft) - 4 x Week
$

97.40 15-gallon Barrel
2 $

54.70 Pull-out (over 150 ft) - 5 x Week
$
118.06
15-gallon Barrel
3 $

71.79 Pull-out (over 150 ft) - 6 x Week
$
138.70
15-gallon Barrel
4 $

89.24 Other Miscellaneous Charges
15-gallon Barrel 5 $ 114.47
15-gallon Barrel
6 $
123.59
35-gallon Barrel
1 $

34.77 - Barrel Replacement Comml
$

94.23 35-gallon Barrel
2 $

57.07 lost or stolen
35-gallon Barrel
3 $

75.31 - Bin Exchange (first Exchange free)
$
109.39
35-gallon Barrel
4 $

93.91 charge does not apply to graffiti or
35-gallon Barrel
5 $
120.27
damaged bins
35-gallon Barrel
6 $
130.54
65-gallon Barrel
1 $

36.57 Contamination Fee:
65-gallon Barrel
2 $

60.59 - Commercial Barrels
$

33.50 65-gallon Barrel
3 $

80.53 -All Bins
$

81.49 65-gallon Barrel
4 $
100.85
65-gallon Barrel
5 $
128.93
Steam Cleaning
$

62.99 65-gallon Barrel
6 $
140.92
Bulky Charge per Item
$

18.68 95-gallon Barrel
1 $

38.36 Bulky Item Trip Charge
$

49.78 95-gallon Barrel
2 $

64.11 Steam Cleaning - Compactor
$
217.72
95-gallon Barrel
3 $

85.77 Dump and Destroy Fee
$
129.43
95-gallon Barrel
4 $
107.80
Extra pick-up - bin
$

81.49 95-gallon Barrel
5 $
137.60
Extra pick-up - compactor bin
$
150.36
95-gallon Barrel
6 $
151.29
Extra pick-up - G/W bin
$

46.82 Extra pick-up - F/W bin
Extra pick-up - F/W barrel
$
$
105.75

33.50 Roll -Off Refuse
40 yd compactor -trash 8
Tons
$
1,153.24
Tilt -Hopper
$

52.10 40 yd roll -off box - trash 6
Tons
$
929.91
Temporary bin (7 day usage)
$
169.59
20 yd roll -off box - trash 6
Tons
$
929.91
Temporary bin - extra empty
$
169.59
40 yd roll -off box - trash 6
Tons with
$
995.76
Locking bin
$

17.99 Retractable Lid
Roll -Off Recyling Materials Service + Actual Disposal
Downtown Sidewalk Pressure Wash (Monthly)
$
3,040.00
Demo box - Inerts Clean $ 396.63
C&D box
$
591.97
Downtown Parklets Pressure Wash (per service)
$
527.00
Rolloff 40-Y Recyc. (6 tons max)
$
264.20
Bathroom Pressure Wash (all parks, hourly rate)
$
220.00
Rolloff 40-Y Comp Recyc.
(8 tons max)
$
267.29
Barrel Pressure Wash (each)
$

16.00 Rolloff 40-Y Greenwaste (6
tons max)
$
265.64
Bin Pressure Wash (each)
$
100.00
40 yd roll -off box - clean wood/green
$
501.75
Dry run charge
$

77.12 Receiver Rental
$
275.63
Daily roll -off rental
$

37.75 End Dump - Hourly Rate
$
188.40

Page 276 of 313 ends

Gof vAt7 d

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
c�trrva��E
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.

Current Upland City Council Members are listed at:
htts: www.0 landca. ov cit -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.

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?
MYES If yes, please identify the Council Member(s):
r ko S r Q--% C)"
Co NTin< + 13 —Ut or'J S u�i as !g ors may •` Q6 Tc�
�} bvJ 6t%6f2NO GUunNt1L WA�i3�- G'��G�i►4�S S"�AarS S6i•lhT� G.4w�P�tGi�

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):
&0
Answering yes to either of the two questions above does not preclude U I City Council from awarding a contract or approving an application or any subsequent acti owever, preclude the identified Council Member(s) from participating in any actions related r posal or application.

S Z
Dat I Signature of authorized individual
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 277 of 313 ends

P. `I FU P LA N D
"The City of Gracious Living"
C�tIFOB�S
DATE: August 12, 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 ADOPTING A RESOLUTION APPROVING AN UNDERGROUNDING IN LIEU FEE FOR ADMINISTRATIVE USE PERMIT NO. 23-0005, LOCATED AT 950 MONTE

VISTA AVENUE
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving a cash in lieu fee in satisfaction of Condition

40.13 of Administrative Use Permit No. 23-05 and Development Plan Review No. DPR-23-01 for the Development of a drive-thru carwash facility located at 950 Monte Vista Avenue (APN: 1007-021-11).

GOAL STATEMENT
The proposed action supports the City's goal to facilitate development in an orderly, cost-effective, and appropriate manner for the benefit of the community.

BACKGROUND
On May 22, 2024, the Planning Commission approved Administrative Use Permit 23-05, Development Plan Review No. 23-01 for a drive-thru carwash facility and related site improvements located at 950 Monte Vista Avenue. The project is conditioned to underground existing distribution lines per Condition No 40.13. (APN 1007-021-11). As part of the Developer's conditions, they are required to underground utility distribution lines in the public right -of way on the project's frontage of Monte Vista Ave. and Foothill Blvd. in accordance with the Upland Municipal Code (UMC) Section 12.28.020. The developer may opt to pay an "in Lieu fee" for the undergrounding if the city agrees.

ISSUES AND ANALYSIS
Although the Developer is required to underground utility distribution lines adjacent to their property, they are requesting from the City to accept a cash -in -lieu fee as a reasonable substitute for the undergrounding requirement.

The Developer estimates the total cost to underground the utility lines to be $129,499 (approximately $342 per lineal foot). Staff has reviewed the provided estimate and found it to be reasonable and comparable to other estimates for similar undergrounding projects within the City.

The payment of the cash -in -lieu fee will satisfy the condition, expedite the project, and ensure future time commitments are realized. In review of the existing conditions, the undergrounding would not remove any poles due to the existing transmission lines which are not required to be undergrounded (greater than 34.5 KV). In review of the existing poles, the undergrounding may actually cause replacement or additional poles to be installed which would not meet the intent of Chapter 12.28 (Underground Utilities) of the UMC.

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

FISCAL IMPACTS
The General Capital Project Fund number 425 will receive the $129,499 which will be reserved specifically for undergrounding of utilities.

Page 278 of 313 ends

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a project.

Page 279 of 313 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND APPROVING AN IN -LIEU FEE IN SATISFACTION OF
CONDITION 40.13 OF ADMINISTRATIVE USE PERMIT NO.
23-05 (AUP-23-05), AND DEVELOPMENT PLAN REVIEW -
NO. DPR-23-01 FOR THE DEVELOPMENT OF A DRIVE-THRU
CAR WASH LOCATED At 950 MONTE VISTA AVENUE (APN:
1007-021- 11)
WHEREAS, the Planning Commission of the City of Upland passed Resolution No. 5004 on May 22, 2022, approving AUP 23-0005 to develop a drive-thru carwash on a 1.54-acre parcel of real property located at 950 Monte Vista Avenue, south of Foothill Blvd. ("Development"); and
WHEREAS, Condition 40.13 of Resolution No. 5004 requires the undergrounding of electrical distribution telephone and TV cable lines, on the project site and frontage shall be underground in accordance with the Upland Municipal Code; and
WHEREAS, Laguna Canyon Group ("Developer") will install the underground conduit infrastructure necessary to implement the underground requirements within the project site.; and
WHEREAS, the Developer provided estimates for Southern California Edison (SCE) and Charter/Spectrum using other forces to underground the existing overhead facilities in the public frontage of Monte Vista, along the west side of the project site, and the frontage of Foothill, along the north side of the project site in an amount of $149,499; and
WHEREAS, the Developer is requesting the City Council accept the alternative of an in -lieu fee, which is the cost of undergrounding effort to cover the approximately 185 linear feet of the east side of Monte Vista and 195 linear feet of the south side of Foothill Blvd. facilities. This cost for undergrounding will satisfy the undergrounding development condition; and
WHEREAS, the City Council finds that the Developer's proposed in -lieu fee of one hundred twenty-nine thousand four hundred ninety-nine dollars ($129,499.00) is reasonable, considering the cost of the items and that the funds will be used to support undergrounding efforts that will provide a benefit to the community.

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

Section 1. All of the above recitals are true and correct and are incorporated herein by reference.

Section 2. The Conditions 40.13 of Administrative Use Permit No. 23-0005 regarding the underground on public utilities on Monte Vista and Foothill Blvd. frontage may be satisfied in the alternative with the payment of an in -lieu fee of one hundred twenty-nine thousand four hundred and ninety-nine dollars ($129,499.00)

Page 280 of 313 ends

Resolution No.

Page 2 ends

to be used to support undergrounding projects in the City.

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

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

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

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

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

PASSED, APPROVED AND ADOPTED this 12th day of August 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 12th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 281 of 313 ends

711 North Azusa LLC
10 Sycamore Canyon Drive, Dove Canyon, CA 92679
T 949 357 9015 F 949 589 7448 [email protected]
June 11, 2024
Alan French PE, PLS
Principal Engineer
City of Upland Public Works Department
Land Development & Transportation Division
460 N. Euclid Ave., Upland, Ca. 91786
(909) 931-4235
Re: City of Upland: AUP-23-0005, DPR-23-0001, EAR-23-0002, ALUC-23-0001 Dear Mr. French:

Per our email exchange, 711 North Azusa LLC requests an in -lieu fee for the requirements of condition

40.13. Attached please find the requested cost estimate prepared by the CM firm Dasher & Tabata.

Please don't hesitate to call at (949) 357-9015.

Sincerel ,
Guilherme "Wil am" Nascimento
Managing Member
GJN/gjn
Cc: Dietrich Nascimento
Fun Ong

Page 282 of 313 ends

7/22/2024
HER
&ABATA
ING
Duration (Months)
Construction Managers
COST PROPOSAL - 950 Monte Vista Utility
Undergrounding
Project: 0150 Monte Vista, Upland, CA
Estimator(s): JT

COST CODE DESCRIPTION I QTY
I UNIT $/UNIT TOTAL I REMARKS

COST/SF
OFFSITE•
FOOTHILL BLVD.
02280
Trenching/Backfill Compaction
195
LF

11.00 2,145
Joint Trench for Electrical/Telco
02800
Selective Demolition
Overhead Pales to Remain in Place
Sawcut, Break & Remove Hardscape
390
SF

8.50 3,315
Assumes hardscape removals required after redev
03300
Concrete
Sidewalk Trench Pour -Back
390
SF

14.00 5,460
Includes doweling
Slurry Encasement
195
LF

10.25 1,999
02450
Site Utilities
4" Electrical Conduit
780
LF

16.50 12,870
3" Telco Conduit
585
SF

14.50 8,483
Electrical Recabling
780
LF

16.50 12,870
Telco Recabling
585
SF

11.75 6,874
02900
Landscape Repairs
222
SF

8.00 1,776
MONTE VISTA AVE.
02280
Trenching/Backfill Compaction
185
LF

11.00 2,035
Joint Trench for Electrical/Telco
02800
Selective Demolition
Overhead Poles to Remain in Place
Sawcut, Break & Remove Hardscape
50 SF

8.50 425
Assumes hardscape removals required after redev
03300
Concrete
Drive Approach Trench Pour -Back
50 SF

14.00 700
Includes doweling
Slurry Encasement
185
LF

10.25 1,896
02450
Site Utilities
4" Electrical Conduit
1,110
LF

16.50 18,315
3" Telco Conduit
370
SF

14.50 5,365
Electrical Recabling
1,110
LF

16.50 18,315
Telco Recabling
370
SF

11.75 4,348
02900
Landscape Repairs
480
SF

8.00 3,840
SUBTOTALOFFSITE- •
111,030
N/A

SUBTOTAL
111,030
Job Expense
12,500 Includes supervision, survey, traffic control

SUBTOTAL
123,530
OH&P
4,941

SUBTOTAL
128,471
Insurance
1,028
Builder's Risk
Excluded

SUBTOTAL
129,499
TOTAL•
QUALIFICATIONS. CLARIFICATIONS AND ASSUMPTIONS:
1 Permits, Impact Fees, Utility Company Charges And Deposits Including Tap/meter Fees Are Not Included. 2 Budget Excludes Dewatering, Site Stabilization Due To Adverse Weather Conditions, Unsuitable Material Removal\replacement, And Rock Excavation. 3 Removal Of Unforeseen Conditions (i.e. Abandoned Utilities, Storage Tanks, And Structures) And/or Relocation Of Utilities Not Indicated On Plans Is Not Included. 4 Asbestos, Contaminated Materials, And/or Other Hazardous Material Removal And/or Abatement Is Not Included. 5 Building Permits And Other Required Governmental Authority Charges Are Not Included In Budget. 6 Geotechnical Testing, Special Inspections, Threshold Inspections And Other Necessary Testing Services Are Not Included In Budget. 7 Work to be completed during straight time, Monday - Friday. 1 of 1 Page 283 of 313

Go gle ra 950 Monte Vista Ave
dwZ90- K + (4) 4" Electrical Conduits
—'� - (3) 3" Telephone Conduits
JIM
(6) 4" Electrical Conduits
(2) 3" Telephone Conduits
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Page 284 of 313 ends

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P. `I FU P LA N D
"The City of Gracious Living"
C�tIFOB�S
DATE: August 12, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
SUBJECT: CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY FUND

ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN FOR FOOTHILL

BOULEVARD
RECOMMENDED ACTION:

It is recommended that the City Council accept $4,000,000 in funding from the County of San Bernardino through Supervisors Armendarez's and Hagman's allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for a rehabilitation of Foothill Boulevard from Benson Avenue to Redding Way, and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of seeking alternate funding sources for City capital improvements.

BACKGROUND
San Bernardino County Supervisors Curt Hagman and Jesse Armendarez have been significant supporters of Upland by providing funding for important City projects through their allocations from the Supervisors Discretionary Fund - District Specific Priorities Program.

On August 14, 2023, the City Council accepted $1,000,000 in funding from the County of San Bernardino through Supervisors Armendarez and Hagman's allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for upgrades to the Baldy View Dog Park.

On August 14, 2023, the City Council accepted $500,000 in funding from the County of San Bernardino through Supervisors Armendarez and Hagman's allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for a downtown camera project.

On January 8, 2024, the City Council accepted $500,000 in funding from the County of San Bernardino through Supervisors Armendarez and Hagman's allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for a police locker room project.

ISSUES AND ANALYSIS
Due to a lack of funding, there are a number of deferred maintenance concerns throughout the City. Streets in particular are an area of concern, and Foothill Boulevard is known as one of the streets with the most significant needs. The City has accumulated over $8 million in Road Maintenance Rehabilitation Act (RMRA) Special Revenue Fund and Water Bond Capital Project funding, but still finds itself well short of the approximate $12 million cost of the Foothill Blvd. Rehabilitation and Water Improvement Project (Project). The Project includes installing new potable water main and service laterals, concrete repairs to comply with ADA requirements, median island improvements, a complete replacement of the asphalt pavement, and striping Foothill Blvd from Benson Avenue to Redding Way.

As obtaining funding to repair City streets is a top priority, both City Council and staff have reached out to our two Supervisors to seek additional funds to allow the completion of the Project. Despite having already supported the City with $1 million in valuable funding for three projects already, both Supervisors recognized the need the City had and generously agreed to allow the Project to move forward in a timely manner. The $4 million - $2 million each from Supervisors Hagman and Armendarez — will allow the City to go out to bid for the project in the coming months, with construction being able to begin in 2025.

Page 286 of 313 ends

ENVIRONMENTAL DETERMINATION
The proposed action is the acceptance of funding from the County of San Bernardino and is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a "project" and thus is exempt.

FISCAL IMPACTS
This action will increase the budget in Fund 217 by $4,000,000 to account for the spending of grant funds towards Foothill Boulevard capital improvements.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Page 287 of 313 ends

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

SAN BERNARDINO
COUNTY
Board of Supervisors
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:

Contract Number
SAP Number
Stephanie Maldonado
909-387-4378
City of Upland
Michael Blay
909-931-4106
8/20/24-8/19/26
Not -to -Exceed $4,000,000
Not -to -Exceed $4,000,000
1022001000/1024001000
WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County's citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund — District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, on February 6, 2024 (Item No.61), the Board approved an additional allocation of $6 million to each of the five supervisorial districts under the Priorities Program; and Standard Contract Pag#e:2I FQ$313

WHEREAS, on June 11, 2024 (Item No. 110), the Board approved an additional allocation of $3 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, County desires to contribute funding to the City of Upland (Contractor) towards the Foothill Blvd.

Rehabilitation and Water Improvement Project (Project) which includes the installation of new potable water main and service laterals, concrete and repairs required to comply with the Americans with Disabilities Act (ADA), median island improvements, asphalt pavement replacement, and new striping repaving of Foothill Blvd. from Benson Avenue to Redding Way and
WHEREAS, the County would like Contractor to manage these services; and WHEREAS, the County finds Contractor qualified to manage the contribution of these funds and utilize them towards the Project; and
WHEREAS, providing funding to Contractor serves the public purpose of providing for the health, safety and social service needs of residents; and
WHEREAS, the County residents of Upland and the surrounding communities of the Second and Fourth District will be served by the Project; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in providing funding to assist with the Project to meet the health, safety and social service needs of the residents of City of Upland and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services (Services) to provide financial support to Contractor for the Project which includes the installation of new potable water main and service laterals, concrete and repairs required to comply with the ADA, median island improvements, asphalt pavement replacement, and new striping repaving of Foothill Blvd from Benson Avenue to Redding Way
B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on - site inspection of the Project for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County's request unless a different time is agreed to by the County.

BA Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the cost of the Services that Contractor will provide under this Contract. Contractor's matching contribution will be a minimum of $1,000,000.

C. GENERAL CONTRACT REQUIREMENTS
CA Recitals
Revised 1/10/23 Pagqe Vafmf6313

The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

CA Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney's Fees and Costs
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third -party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor's sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment -screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County's hiring criteria, in County's sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, "County Policies"). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor Revised 1/10/23 Pa Nfc96313

personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor's employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

CA 1 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The Second and Fourth District Supervisor's or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County's sole discretion.

C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration's System for Award Management website https://www.sam.gov) .

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County Revised 1/10/23 PaEabfgf6313

equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County's objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post -consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County's environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

Revised 1/10/23 PaWOU96313

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

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

C.22 Legality and Severability
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of "good faith" and "fair dealing".

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential Revised 1/10/23 Pagqe @?bfc96313

information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor's agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV —Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 RESERVED.

C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor's personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor's relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
Revised 1/10/23 Pa e2%ON313

In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County's written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County's request, Contractor shall provide information regarding the subcontractor's qualifications and a listing of a subcontractor's key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows County's reporting formats and procedures as specified by County.

C.36.3 Include in the subcontractor's subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any Revised 1/10/23 Pa �95fcff6313

reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Executive Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime Revised 1/10/23 Pagqeftc96313

or offense arising directly or indirectly from the conduct of the firm's business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. "Legal proceedings" means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision "key employees" includes any individuals providing direct service to the County. "Key employees" do not include clerical personnel providing service at the firm's offices or locations.

C.44 Copyright
County shall have a royalty -free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.47 Prevailing Wage Laws
Revised 1/10/23 Pa e $902%13

By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Section 1720 of the California Labor Code states in part: "For purposes of this paragraph, `construction' includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work..." If the Services/Scope of Work are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request.

Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

C.48 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).

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

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on August 20, 2024, and shall be completed by August 19, 2026, but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer, at the direction of the Second and Fourth District Supervisor's, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
C. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

Revised 1/10/23
Pa �$4302%13

F. FISCAL PROVISIONS
FA The maximum amount of payment under this Contract shall not exceed $4,000,000 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor's performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor's invoice or the resolution of any billing dispute. Contractor shall email County the Contractor's invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County -Issued Purchase Order (if applicable), the text "Final Invoice", amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office -Finance and Administration (County Finance) and shall include in the Subject Line: BOS — ENTITY NAME — PROJECT NAME — CONTRACT NUMBER — PO # [PURCHASE ORDER NUMBER]" (i.e. BOS-SAN BERNARDINO COUNTY -EDUCATION PROGRAM — 21-NNN — PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with "audit ready" supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County's approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS — ENTITY NAME — PROJECT NAME — CONTRACT NUMBER — PO # [PURCHASE ORDER NUMBER]" -SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

FA County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

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F.7 Contractor shall adhere to the County's Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor's sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

GA Policies Primary and Non -Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
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The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".

G.8 Deductibles and Self -Insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

GAO Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

GA 1 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

Revised 1/10/23 Pa 04 02%13

GA 1.1 Workers' Compensation/Employer's Liability — A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance.

GA 1.2 Commercial/General Liability Insurance — The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than five million dollars ($5,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.

GA 1.3 Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than five million dollars ($5,000,000) for bodily injury and property damage, per occurrence.

If the Contractor owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Continuing Products/Completed Operations Liability Insurance with a limit of not less than five million ($5,000,000) for each occurrence for at least three years following substantial completion of the work on projects over one million ($1,000,000).

GA 1.5 Subcontractor Insurance Requirements. The Contractor agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operations with the basic requirements identified in Section G, including indemnification, and the insurance specifications for all contracts including waiver of subrogation rights, and naming the County as an additional insured. The Contractor agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here.

GA 1.6 Course of Construction/Installation (Builder's Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project.

The insurance policy shall not have any coinsurance penalty.

GA 1.7 Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal Revised 1 /10/23 Pa K ({f2%13

injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

H. RIGHT TO MONITOR AND AUDIT
HA The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES

1.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

1.2 In the event of a non -cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "b" of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

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

San Bernardino County
CAO — Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Upland
460 North Euclid Avenue
Upland, CA 91786-4732
Attn: Michael Blay, City Manager
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations Revised 1/10/23 Pa W(of2%13

relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

Revised 1/10/23 P4WQ#gF2%13

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

SAN BERNARDINO COUNTY
Dawn Rowe, Chair, Board of Supervisors
Dated:

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
By
Deputy

FOR COUNTY USE ONLY
Julie Surber, Principal Assistant County
Counsel
Date

CITY OF UPLAND
(Print or type name of corporation, company, contractor, etc.) By I►
(Authorized signature - sign in blue ink)
Name Michael Blay
(Print or type name of person signing contract)
Title City Manager
(Print or Type
Dated:
460 North Euclid Avenue
Address
Reviewed for Contract Compliance
IN -
I Date
Upland, CA 91786-4732
Reviewed/Approved by Department
I Date
Revised 1/10/23 Pa %(of2%13

ATTACHMENT A

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov . The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.2ov/Public-Works/PublicWorks.html .

Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work.

The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor; Revised 1/10/23 P aW 0002%13

6. 7

8. iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and V. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one -hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1'/2) times the basic rate of pay.

Penalty for Excess Hours:

The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1'/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.

V. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
b. Labor Code section 1725.5 states the following:
"A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, "contractor" includes a subcontractor as defined by Section 1722.1.

Revised 1/10/23 PaWXafAl3

(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.

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(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work."
c. Labor Code section 1771.1 states the following:
"(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.

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(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. 0)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision 0) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(1) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work."
d. Labor Code section 1771.4 states the following:
"a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:

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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016."
B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 — 230.2 for all apprenticeable occupations (denoted with V" symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor's requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.

Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification "announcement" of the Contractor's participation on a public works project —it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check "Box 1" on the DAS-140) shall only be required to submit the form to their approved program.

V. Contractors who are NOT approved to train apprentices (i.e. those that check either "Box 2" or "Box 3" on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see Revised 1/10/23 Pa e324 02%13

http://www.dir.ca.gov/Databases/das/pwaddrstart.qsp .
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an "apprenticeable" craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.

This ratio shall be met prior to the Contractor's completion of work on the project. "Apprenticeable" crafts are denoted with a pound symbol V" in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the "DAS-142" form for making a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.

V. Contractor should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only "registered" apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the "CAC-2" form for submittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.

V. The "training" contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license ("Owner -Operator") and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable crafts. "Apprenticeable" crafts are denoted with a pound symbol V" in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally -funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).

V. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
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iii. The Apprenticeable Craft or Trade is replacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

5. Contractor's Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.

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Upland City CouncilAugust 12, 2024

Upland City Council
August 12, 2024