Agenda packet, first session — Upland City Council, August 12, 2024 (part 1 of 3)

James Breitling, Mayor Pro Tem - District 2 Michael Blay, City Manager Carlos A. Garcia, Councilmember - District 3 Stephen P. Deitsch, City Attorney Shannan Maust, Councilmember - District I Keri Johnson, City Clerk Rudy Zuniga, Councilmember - District 4
Monday, August 12, 2024
Open session begins at 6:00 p.m.

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

City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.

City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.

Pages

CALL TO ORDER AND ROLL CALL

2. ADDITIONS -DELETIONS TO AGENDA

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

CLOSED SESSION BEGINS AT 5:30 p.m.

4. CLOSED SESSION
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2 CASES)
Paragraph (1) of Subdivision (d) of Section 54956.9
Name of Cases: Aqueous Film -Forming Foams Product Liability Litigation, Master Docket No. 2:18-mn-2873-RMG; City of Camden, et al. v. BASF Corporation, Civil Action No.: 2:24-cv-03174-RMG; City of Camden et. al. v. Tyco Fire Products LP, Civil Action No.: 2-24-cv-02321-RMG

5. INVOCATION

Reverend Jan Chase, Unity Church of Truth, Pomona

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Certificate of Recognition to Eagle Scout Levi Baker, Troop 66 Library Annual Report presented by Library Director Adam Tuckerman

8. CITY ATTORNEY

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

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

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

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

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

Recommended Action:

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

Approve the Regular Meeting Minutes of July 22, 2024. (Staff Person: Keri Johnson)
b. DESIGNATION OF VOTING DELEGATE FOR THE ANNUAL LEAGUE OF 15

CALIFORNIA CITIES CONFERENCE
C.
0 e
CEQA: Not a Project.

Recommended Action:

Appoint Mayor Velto as the voting delegate and Mayor Pro Tem Breitling as the alternate voting delegate to represent the City of Upland at the League of California Cities General Assembly Meeting on October 18, 2024. (Staff Person:

KeriJohnson)

CONSIDER APPROVAL OF SIDE LETTER BETWEEN CITY AND UPLAND

MID -MANAGEMENT EMPLOYEES' ASSOCIATION FOR REVISIONS TO

CERTIFICATION TRAINING PAY ARTICLE
CEQA: Not a Project
Recommended Action:

Approve the side letter agreement between the City and the Upland Mid - Management Employees' Association (UMMEA) for revisions to the certification training pay article. (Staff Person: Stephen Parker)
CONSIDER APPROVAL OF JULY 2024 WARRANT AND PAYROLL

REGISTERS
CEQA: Not a Project.

Recommended Action:

Approve the July 2024 warrant registers (check numbers 48710-49307 and direct disbursements totaling $23,243,203.31) and payroll registers totaling $1,868,175.07 (check numbers 163946-163962 and electronic fund transfers 48884-49445). (Staff Person: Stephen Parker)

CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR

MANAGED PRINT SERVICES
CEQA: Not a Project.

Recommended Action:

Approve a multi -year contract with Sharp Inc. to provide city-wide multifunctional printer (MFP) equipment and managed print services (MPS) and authorize the City Manager to execute a lease agreement. (Staff Person: Stephen Parker)

CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT

WITH ATLAS PLANNING SOLUTIONS FOR LOCAL HAZARD MITIGATION

PLAN (LHMP) CONSULTING SERVICES
CEQA: Not a Project
Recommended Action:

Approve a Professional Services Agreement with Atlas Planning Solutions for assistance in updating the City's Local Hazard Mitigation Plan (LHMP); and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker)
20 26
we
62 g. CONSIDER APPROVAL OF FY 2024/25 BLANKET PURCHASE ORDERS FOR 83

PUBLIC WORKS UTILITIES DIVISION

CEQA: Not a Project
Recommended Action:

Approve purchase orders for Fiscal Year 2024/25 with various vendors for the Public Works Utilities Division. (Staff Person: Chris Alanis) CONSIDER APPROVAL OF A MAINTENANCE SERVICES CONTRACT FOR 86 ON -CALL CONCRETE PAVEMENT SERVICES.

CEQA:

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

Recommended Action:

Approve a Maintenance Services Agreement with T.S.R. Concrete & Inspection, Inc. for an On -Call Concrete Pavement Repairs and authorize the City Manager to execute the agreement. (Staff Person: Chris Alanis)
CONSIDER ADOPTING RESOLUTIONS APPROVING MEASURE I CAPITAL 133

IMPROVEMENT PLANS AND CAPITAL PROJECT NEEDS ANALYSIS
CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction).

Recommended Action:

Adopt a Resolution approving the Measure I Five -Year Capital Improvement Plan for Fiscal Years 2024/2025 through 2028/2029, and adopt a Resolution approving the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030. (Staff Person: Chris Alanis) CONSIDER AN AWARD OF BID FOR THE 11TH STREET FLASHING SIGNAL 145 BEACON & ALLEY IMPROVEMENTS (BID No. 2024-05)
CEQA: Determined to be categorically exempt pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

Recommended Action:

Approve the Plans and Specifications for the 111h Street Flashing Signal Beacon & Alley Improvements Project; award the construction contract to Gentry General Engineering, Inc. in the amount of $254,330; and authorize a construction contingency in the amount of $40,670, for a total amount of $295,000. (Staff Person: Chris Alanis)
k. CONSIDER AN AWARD OF BID FOR CITYWIDE SLURRY SEALS (BID NO. 148 2024-06)
CEQA: Determined to be categorically exempt pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

Recommended Action:

Approve the Specifications for the Citywide Slurry Seals Project; award the construction contract to Pavement Coatings Co. in the amount of $538,904.68; authorize a construction contingency in the amount of $56,095.32, for a total amount of $595,000. (Staff Person: Chris Alanis)

CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR LANDFILL GAS 151

TREATMENT SYSTEM UPGRADE
CEQA: Determined to be Categorically Exempt pursuant to Section 15301 (Existing Facilities) of the CEQA guidelines.

Recommended Action:

Accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Landfill Gas Treatment System Upgrade Project. (Staff Person: Chris Alanis) M. CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR PARKING LOT 154 & ALLEY REHABILITATION, EAST OF 1 ST AVE, NORTH OF "A" STREET CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c).

Recommended Action:

Accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Parking Lot & Alley Rehabilitation East of First Avenue, North of "A" Street. (Staff Person:

Chris Alanis)
CONSIDER APPROVAL OF AGREEMENTS FOR ON -CALL SERVICES FOR 156

THE PUBLIC WORKS ENGINEERING AND CAPITAL IMPROVEMENT

PROGRAM DIVISIONS
CEQA: Not a Project
Recommended Action:

Approve six (6) professional services agreements for on -call services for the Public Works Engineering and Capital Improvement Program Divisions, authorize the City Manager to execute the agreements; and approve the associated budget amendments. (Staff Person: Chris Alanis)
o. CONSIDER APPROVAL OF A PURCHASE ORDER WITH LOWES FOR FISCAL 268 YEAR 2024/25
CEQA: Not a Project.

Recommended Action:

Approve a blanket purchase order for Lowes Home Improvement in the amount of $76,000. (Staff Person: Chris Alanis)
P. CONSIDER APPROVAL OF THE FIRST AMENDMENT TO THE AMENDED 270

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

CEQA: Not a Project.

Recommended Action:

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. (Staff Person: Chris Alanis) q. CONSIDER ADOPTING A RESOLUTION APPROVING AN 278

UNDERGROUNDING IN LIEU FEE FOR ADMINISTRATIVE USE PERMIT NO. 23-0005, LOCATED AT 950 MONTE VISTA AVENUE
CEQA: Not a project
Recommended Action:

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). (Staff Person: Robert Dalquest) CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY 286

FUND ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN

FOR FOOTHILL BOULEVARD
CEQA: Not a Project
Recommended Action:

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. (Staff Person: Stephen Parker)

11. PUBLIC HEARINGS

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

CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only.

13. BUSINESS ITEMS

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, September 9, 2024.

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

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

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

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II]

On August 7, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL July 22, 2024
6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson

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

2. ADDITIONS -DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

4. CLOSED SESSION

5. INVOCATION
Jim Thomas, Church of Jesus Christ Latter Day Saints

6. PLEDGE OF ALLEGIANCE
Led by Councilmember Garcia

7. PRESENTATIONS
Recognition of the 2024 Light Up the Night Sponsors
Recognition of the 2024 Woman of the Year Honoree, Detective Cynthia Leal -Garcia, recently recognized by Assemblymember Freddie Rodriguez Recognition of the 2024 Veteran of the Year Honoree, Corporal Quinn Hanley, recently recognized by Assemblymember Freddie Rodriguez

8. CITY ATTORNEY
City Attorney Deitsch stated he had no reports.

9. ORAL COMMUNICATIONS
i

Page 8 of 313 ends

Marco Thule, Upland, provided updates on Inland Empire Utilities Agency activities and programs.

Barbara Schwartz, Upland, spoke regarding traffic safety concerns in her neighborhood.

Brian Taylor, Upland, stated concerns regarding the proposed CPI water rate increase and the effect it would have on economically disadvantaged residents. He further suggested an alternate rate schedule.

Jeffery Persiani, Upland, spoke regarding traffic safety concerns in his neighborhood and stated that there is excessive speeding in the area.

Kevin Payton, Upland, stated the he has experienced deprivation of rights under color of law by Upland Police Department.

10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10b for separate action.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of June 24, 2024.

C. BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE
Accept notice that the City's Conflict of Interest Code requires amendments. d. CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE BOOKING SERVICES AGREEMENT WITH ALLIED UNIVERSAL (PREVIOUSLY G4S) Approve the second amendment to the original agreement with Allied Universal (previously known as G4S); and authorize the City Manager to execute the amendment.
e. CONSIDER ADOPTING A RESOLUTION TO LEVY AND COLLECT SPECIAL TAXES
Adopt Resolution No. 6784 authorizing the levy of special taxes in: Community Facilities District 2003-1 (Upland 54); Community Facilities District 2003-2 (The Colonies at San Antonio) - Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District 2015-1 (Sycamore Hills) Improvement Area No. 1 and Improvement Area No.2; Community Facilities District 2016-1 (Harvest at Upland) Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District No. 2022-1 (Enclave at Upland); Community Facilities District 2016-2 (Harvest Maintenance); and Community Facilities District 2017-1 (Sycamore Hills Maintenance Services) for Fiscal Year 2024-25.

CONSIDER APPROVAL OF THE REVISIONS OF THE JOB SPECIFICATIONS

FOR THE BUILDING OFFICIAL CLASSIFICATION
2

Page 9 of 313 ends

Approve the revisions to the job specifications for the Building Official classification.
g. CONSIDER APPROVAL OF A BUDGET OBLIGATION FOR ADMINISTRATIVE

COSTS OF AMERICAN RESCUE PLAN ACT FUNDS
Approve a $1,521,371 budget/obligation of American Rescue Plan Act "ARPA" funds for the administration of ARPA proceeds.
h. CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE LEGAL

SERVICES AGREEMENT WITH RICHARDS, WATSON, AND GERSHON
Approve a second amendment to the legal services agreement with Richards, Watson and Gershon and authorize the City Manager to sign the amendment.

TREASURER'S REPORT JUNE 2024
Receive and file the June 2024 Treasurer's Report.

CONSIDER APPROVAL OF JUNE 2024 WARRANT AND PAYROLL

REGISTERS
Approve the June 2024 warrant registers (check numbers 48310-48709 and direct disbursements totaling $17,992,981.04) and payroll registers totaling $1,964,751.29 (check numbers 163785-163945 and electronic fund transfers 48329-48883).
k. CONSIDER APPROVAL OF A 2024 PURCHASE ORDER INCREASE AND 2025 PURCHASE ORDER FOR EUROFINS EATON ANALYTICAL, INC.

Approve an $89,000 increase to the FY 2023/24 blanket purchase order and approve a $175,000 blanket purchase order for FY 2024/25 for Eurofins Eaton Analytical Inc.

CONSIDER APPROVAL OF A PARK RESTROOM MAINTENANCE SERVICES

CONTRACT
Approve a contract with Guaranteed Janitorial Services, Inc. for Park Restroom Maintenance Services (Cleaning/Lockup) and authorize the City Manager to execute the agreement.

M. CONSIDER AWARD OF BID FOR PROJECT NO. 92102, 92106 & 92107, RESERVOIR R-7. R-12 & R-13 OVERFLOW AIR GAP INSTALLATION PROJECT (BID NO. 2024-04)
Approve the plans and specifications for Project No. 92102, 92106 & 92107, Reservoir R-7, R-12 & R-13 Overflow Air Gap Installation; award a construction contract to C.P. Construction Co., Inc. in the amount of $175,000, approve a construction contingency in the amount of $25,000 for a total amount of $200,000; and authorize the City Manager to execute the agreement and any future amendments within the City Manager's authority.
n. CONSIDER ACCEPTANCE OF THE RESERVOIR R-2 AND R-16 OVERFLOW

AIR GAP PROJECT NOTICE OF COMPLETION
3

Page 10 of 313 ends

Accept the work; authorize the City Manager or his designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Reservoir R-2 and R-16 Overflow Air Gap Installation Project. o. CONSIDER APPROVAL OF TRACT MAP 20606 AND SUBDIVISION AGREEMENT, LOCATED AT 1450-1470 W. 9th STREET
Approve Tract Map 20606 for recordation and authorize the City Manager to execute the subdivision agreement.

P. CONSIDER APPROVAL OF PARCEL MAP 20715 AND SUBDIVISION AGREEMENT, LOCATED AT 1450-1470 W. 9TH STREET
Approve Parcel Map 20715 for recordation and authorize the City Manager to execute the subdivision agreement.
b. CONSIDER APPROVING A RESOLUTION ADOPTING A MISSION

STATEMENT AND VISION STATEMENT
Council provided a recap of the goal setting workshop which resulted in the Mission Statement and Vision Statement.

Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Approve Resolution No. 6783 adopting a Mission Statement and Vision Statement.

Motion: Carried Unanimously

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

REFUSE SERVICE CHARGES TO BE COLLECTED ON THE TAX ROLL
Assistant City Manager Parker presented the staff report along with an updated delinquent list which was updated to reflect payments made after the posting of the agenda.

Mayor Velto opened the public hearing.

Farivar Azizi, Upland, stated that he tried to make a payment arrangement and is going through financial difficulties.

Gerardo Covarrubias, Upland, stated that he has gone through difficult times and has been unable to pay the full amount on his account, but would like to arrange a payment plan.

Hearing no further testimony, Mayor Velto closed the public hearing.

Assistant City Manager Parker answered questions posed by the Council regarding payment arrangements and outstanding utility accounts.

Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia

Page 11 of 313 ends

Accept the report of delinquent water, sewer, and refuse service charges, and authorize the delinquent charges to be placed on the tax roll.

Motion: Carried Unanimously
b. CONSIDER APPROVAL OF THE 2024 WEED ABATEMENT PROGRAM

SPECIAL ASSESSMENT LIST AND THE PLACEMENT OF SPECIAL

ASSESSMENTS ON THE ASSOCIATED PROPERTIES
Development Services Director Dalquest introduced Housing Manager Cotto who presented the staff report.

Mayor Velto opened the public hearing.

Michael Leon, Upland, stated that he was on vacation when the citation was received and provided reasons why some of the landscape was overgrown.

Kent Ward, Upland, stated that he has been working on his landscape, but he can only fit a limited amount of succulents in the green waste bin.

Hearing no further testimony, Mayor Velto closed the public hearing.

Weed Abatement Coordinator Hernandez answered questions posed by the Council regarding the existing fees on the properties.

Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve the 2024 Weed Abatement Program Special Assessment List and authorize staff to submit the list to the San Bernardino County Tax Assessor's Office for placement of special assessments (property liens) on the properties.

Motion: Carried Unanimously

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

CONFERENCE ATTENDANCE
No reports.

13. BUSINESS ITEMS
a. CONSIDER APPROVAL OF A THIRD AMENDMENT TO THE CITY MANAGER

EMPLOYMENT AGREEMENT
City Attorney Deitsch presented the staff report and provided an oral report of the compensation provided in the amendment.

Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Approve the Third Amendment to the City of Upland City Manager Employment Agreement with Michael Blay, providing him with a 4% COLA with an effective date of June 23, 2024, as identified in the Executive Management Compensation and Benefit Plan approved by the City Council on June 12, 2023. 5

Page 12 of 313 ends

Motion: Carried Unanimously
b. CONSIDER ADOPTING RESOLUTIONS PLACING A BUSINESS LICENSE TAX

MEASURE ON THE NOVEMBER BALLOT
Assistant City Manager Parker presented the staff report along with a PowerPoint presentation.

There was discussion regarding the revenue projected annually with the proposed business license tax compared to the revenue that would have been generated by a sales tax measure.

City Manager Blay provided information on why the City did not pursue a sales tax measure in the 2024 General Municipal Election.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Adopt Resolution No 6785 calling for the placement of a Business License Tax Measure known as the "Upland public safety, streets, city services measure" on the November 5, 2024 General Municipal Election Ballot for submission to the qualified voters; and
Motion: Carried Unanimously
Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Adopt Resolution No. 6786 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 5, 2024 with the Statewide General Election to be held on that date pursuant to §10403 of the Elections Code; and
Motion: Carried Unanimously
Moved by: Councilmember Zuniga
Seconded by: Councilmember Breitling
Adopt Resolution No. 6787 providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a city measure to be submitted at the November 5, 2024 General Municipal Election.

Motion: Carried Unanimously
C. CONSIDER SETTING A PUBLIC HEARING AND DIRECTING STAFF TO PREPARE A PROP 218 NOTIFICATION FOR A WATER AND SEWER RATE CPI

INCREASE
Interim Public Works Director Alanis presented the staff report and answered questions posed by the Council regarding a tiered water rate increase.

Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
C.

Page 13 of 313 ends

Direct staff to prepare a Proposition 218 notice for a rate increase to recover the FY 2023/2024 Consumer Price Index (CPI) effective November 1, 2024 for water and sewer service rates and set a Public Hearing for October 14, 2024.

Motion: Carried Unanimously

14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.

15. CITY MANAGER

16. ADJOURNMENT
At 7:27 p.m., Mayor Velto adjourned in memory of Wilbert "Bill" Alexander Cobbs, longtime Upland Resident and actor. The next regularly scheduled City Council meeting is Monday, August 12, 2024.

Keri Johnson, City Clerk
7

Page 14 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: KERI JOHNSON, CITY CLERK
SUBJECT: DESIGNATION OF VOTING DELEGATE FOR THE ANNUAL LEAGUE OF CALIFORNIA

CITIES CONFERENCE
RECOMMENDED ACTION:

It is recommended that the City Council appoint Mayor Velto as the voting delegate and Mayor Pro Tern Breitling as the alternate voting delegate to represent the City of Upland at the League of California Cities General Assembly Meeting on October 18, 2024.

GOAL STATEMENT
The proposed action supports the City's goal to participate in activities in developing policies for California cities.

BACKGROUND
The League of California Cities "League" will hold its Annual Conference from October 16, 2024 through October 18, 2024 in Long Beach. The Conference was created to enable cities to share ideas, success stories, best practices, and provide discussion forums pertaining to various areas of municipal interest.

ISSUES AND ANALYSIS
The Conference includes a General Assembly meeting where voting delegates, on behalf of their designated cities, cast votes on conference resolutions. These resolutions establish League policy to guide cities and the League in its efforts to improve the quality, responsiveness, and vitality of local Government in California. The League's bylaws state each member city is entitled to one vote on matters affecting League or municipal policy, and a City's voting delegate and alternate voting delegate must be designated by the City Council.

The City's vote will be cast at the League of California Cities General Assembly Meeting on October 18, 2024. Mayor Velto and Mayor Pro Tern Breitling are registered for the conference.

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

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Page 15 of 313 ends

LEAGUE OF

CALIFORNIA

CITI ES
Council Action Advised by September 25, 2024
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mavor or city manaaer alone.

Following council action, please submit your city's delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre -conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

LEAGUE OF

CALIFORNIA

CITI ES
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities' event and meeting policy in advance of the conference.

Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

LEAGUE OF

CALIFORNIA

CITI ES
General Assembly Voting Guidelines
One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Page 18 of 313 ends

LEAGUE OF

CALIFORNIA
CITIES
General Resolutions
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

Petitioned Resolutions
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

General Assembly
How it works: Cal Cities
Resolutions and the General Assembly
Policy Committees
• • • The Cal Cities
President assigns
• • • general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Resolutions Committee
• • • The Resolutions
Committee considers
• • • all resolutions. General
Resolutions approved' by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
1 ff•i• •�• .During
the General Assembly, voting delegates
♦;�
•� •11•�• •
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Who's who
Cal Cities policy
development is a member -
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

For more information visit www.calcities.org/general-assembly

Page 19 of 313 ends

oV 77pt
C�tIFOB�S
'FU P LA N D
The City of Gracious Living"
DATE: August 12, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

TERRY DOYLE, DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: CONSIDER APPROVAL OF SIDE LETTER BETWEEN CITY AND UPLAND MID -

MANAGEMENT EMPLOYEES' ASSOCIATION FOR REVISIONS TO CERTIFICATION

TRAINING PAY ARTICLE
RECOMMENDED ACTION:

It is recommended that the City Council approve the side letter agreement between the City and the Upland Mid - Management Employees' Association (UMMEA) for revisions to the certification training pay article.

GOAL STATEMENT
The proposed action supports the City's goal of providing employees with the security of labor agreements, which outlines salary and benefits used for recruitment and retention of employees.

BACKGROUND
The previous Memorandum of Understanding between the City and UMMEA expired on June 30, 2023. The City and UMMEA engaged in negotiations beginning in January 2023 through May 2023 and came to a tentative agreement on new terms for salary, benefits and working conditions.

The City and UMMEA met and revised approximately 37 articles during negotiations as the full MOU was open for discussion. During negotiations the certification training pay article was reviewed and revisions were made to update the certifications required and added classifications to the table which were of mutual benefit to both the City and UMMEA.

ISSUES AND ANALYSIS
The City has certain classifications that an employee can receive certifications and/or licenses that are above and beyond those required at the time of hire. These certifications/licenses are particularly beneficial to the operations and services the City provides to residents and therefore worthy of additional pay. Employees in these classifications will receive an additional five percent (5%) for each certification listed, up to a maximum of ten percent (10%) with the following chart:

Classification
Required at Hire
Required Within 12
Certifications Eligible for Certification
months
Pa -S% increase or each
Associate Engineer
Professional
N/A
Professional Engineer (PE) License
Engineer (PE)
License
Associate Planner
N/A
N/A
American Institute of Certified Planners
Planning Manager
(AICP) Certification
Senior Planner
Chief Water Treatment
Grade III (T-3
Grade IV (T-4)
D5 and T-5 (Max 10%)
Operator
Water Treatment
Water Treatment
Operator Certificate
Operator Certificate
and Grade III (C-3)
and Grade IV (D-4)
Water Distribution
Water Distribution
Operator Certificate
Operator Certificate
Operations Supervisor
N/A
N/A
International Society of Arboriculture
Credential

Page 20 of 313 ends

Utility System
Grade III (D-3)
Grade I (T-1) Water
D5 (Max 5%) and Collections 1-4 (Max
Supervisor
Water Distribution
Treatment Operator
5%) for total of(Max 10%)
Operator Certificate
Certificate and
Grade IV (D-4)
Water Distribution
Operator Certificate
The Human Resources division routinely collaborates with departments and divisions for the establishment of job specifications. After negotiations were complete, the Public Works Department established the classification of Utility System Supervisor — Sewer/Storm Drain which needed to be added to the list of classifications requiring certification training pay. The certifications required for this position were different from the already established Utility System Supervisor, as the established position was reflective of a Utility System Supervisor — Water.

Revisions to the chart will be as follows:

Classification
Required at Hire
Required Within 12
months
Certifications Eligible
for Certification Pay-
5% increase for each
Utility System Supervisor-
Grade III (C-3)
Grade IV (C-4)
D2-D5 (5%) or T1-T5
Sewer/Storm Drain
Collections and
Collections
(5%) (Max 10%)
Grade I (D-1) Water
May only earn 5% per
Distribution Operator
certification in each
Certificate
area. Example D2 =
5% and T3 = 5% Total
10%.

Utility System Supervisor -
Grade III (D-3) Water
Grade I (T-1) Water
D5 (Max 5%) and
Water
Distribution Operator
Treatment Operator
Collections 1-4 (Max
Certificate
Certificate and Grade
5%) for total of(Max
IV (D-4) Water
10%)
Distribution
Operator Certificate
The City met and conferred with UMMEA and agreed to revise the provisions of the certification and training pay article. The Side Letter is attached for City Council review.

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
There is no fiscal impact associated with this action as certification training pay is already included in the annual operating budget.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

Page 21 of 313 ends

SIDE LETTER AGREEMENT

TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF UPLAND AND THE UPLAND MID -MANAGEMENT EMPLOYEES ASSOCIATION June 27, 2024
WHEREAS the City of Upland ("City") and the Upland Mid -Management Employees Association ("Association") have entered into a Memorandum of Understanding (MOU) covering the period of July 1, 2023 through June 30, 2027.

WHEREAS the MOU provides that there shall be no changes in wages, hours and working conditions during its term without the mutual consent of the parties.

WHEREAS the Parties have informally met, discussed, and agreed to certification training pay for additional certifications/licenses earned above and beyond those required at the time of hire for designated classifications.

NOW, THEREFORE, THE PARTIES do hereby agree as follows:

1. This side letter shall amend the wages, hours and other terms and conditions of employment set forth in the current MOU between the parties only to the extent specifically set forth herein. All other wages, hours and other terms and conditions of employment shall remain in full force and effect, and unaffected by this Agreement, unless specifically modified in a subsequent written Agreement by the parties.

2. Article 22 — Certification Training Pay allows for listed classifications to receive pay for additional certifications/licenses earned above and beyond those required at the time of hire. Eligible employees will receive 5% for each certification listed in their assigned classification, above and beyond those required at the time of hired, up to a maximum of 10%, in accordance with the following chart:

Classification I Required at Hire
Associate
Engineer
Associate
Planner
Planning
Manager
Senior Planner
i
Professional
Engineer (PE)
License
N/A
Required Within
32 months
N/A
N/A
Chief Water
Grade III (T-3
Grade IV (T-4)
Treatment
Water Treatment
Water Treatment
Operator I
Operator
1 Operator
Certifications
Eligible for
Certification Pay-
5% increase for
each _
Professional
Engineer (PE)
_ License
American Institute
of Certified
Planners (AICP)
Certification
D5 and T-5 (Max
10%)

Page 22 of 313 ends

Certificate and
Certificate and
Grade III (C-3)
Grade IV (D-4)
Water
Water
Distribution
Distribution
Operator
Operator
Certificate
Certificate
Operations
N/A
N/A
Supervisor
I
Utility System
Grade III (D-3)
Grade I (T-1)
Supervisor
Water
Water Treatment
Distribution
Operator
Operator
Certificate and
Certificate
Grade IV (D-4)
Water
Distribution
Operator
Certificate
International
Society of
Arboriculture
Crediential 1
D5 (Max 5%) and
Collections 1-4 1
(Max 5%) for total
of(Max 10%) 1

3. Negotiations concluded in May 2023 with the Association and since that time the City has created an additional classification of Utility System Supervisor —Sewer/Storm Drain which also requires certifications that are necessary to City operations. The City and Association have agreed to include an additional line to the chart to read as follows:

Classification
Required at Hire
Required Within 12
Certifications Eligible
months
for Certification Pay-
5% increase for each
Utility System
Grade III (C-3)
Grade IV (C-4)
1 D2-D5 (5%) or T1-T5
Supervisor-
Collections and
Collections
(5%) (Max 10%)
Sewer/Storm Drain
Grade I (D-1) Water
May only earn 5% per
Distribution Operator
certification in each
Certificate
area. Example D2 =
5% and T3 = 5% Total
10%. _
In addition, the current chart will be amended to reflect:

Utility System I Grade III (D-3) Water
Supervisor Distribution Operator
Water Certificate
Grade I (T-1) Water
Treatment Operator
Certificate and Grade
IV (D-4) Water
Distribution Operator
Certificate
D5 (Max 5%) and
Collections 1-4 (Max
5%) for total of(Max
10%)

Page 23 of 313 ends

4. The City will retroactively pay certification pay to the one (1) employee in the position of Utility System Supervisor -Sewer Storm/Drain who was hired prior to adoption of this Side Letter taking effect.

5. Effective upon ratification by the Board of the Association and adoption by the City Council the City shall pay the certification training pay to the classifications detailed above.

This Agreement represents all terms negotiated and agreed upon by the Parties related to the payment of certification pay. All parties understand and acknowledge that there are no other agreements between them (oral, implied, or written), other than as written here or as contained in the continuing terms and conditions of their employment set forth in the MOU between UMMEA and the City.

7. Upon renewal of the MOU between the parties, this language shall become part of the MOU.

CITY OF UPLAND
Dated:

By:

Michael Blay
City Manager
City of Upland

UPLAND MID -MANAGEMENT EMPLOYEES

ASSOCATION
Dated: 71 Z4-1 Zo 44}
By: Bob Critchfield
President, UMMEA
By: Terry Doyle
Deputy Director of Human Resources/Risk Management
City of Upland

Page 24 of 313 ends

5. Effective upon ratification by the Board of the Association and adoption by the City Council the City shall pay the certification training pay to the classifications detailed above.

6. This Agreement represents all terms negotiated and agreed upon by the Parties related to the payment of certification pay. All parties understand and acknowledge that there are no other agreements between them (oral, implied, or written), other than as written here or as contained in the continuing terms and conditions of their employment set forth in the MOU between UMMEA and the City.

7. Upon renewal of the MOU between the parties, this language shall become part of the MOU.

CITY OF UPLAND
Dated: / , t.

By: M' ha I Blay By:

C' y f . nager
Ci of Upland

UPLAND MID -MANAGEMENT EMPLOYEES

ASSOCATION
Dated:

Bob Critchfield
President, UMMEA
By: Terr o le
Deputy Director of Human Resources/Risk Management
City of Upland

Page 25 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: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

ERIN MYERS, SENIOR ACCOUNTING TECHNICIAN
SUBJECT: CONSIDER APPROVAL OF JULY 2024 WARRANT AND PAYROLL REGISTERS RECOMMENDED ACTION:

It is recommended that the City Council approve the July 2024 warrant registers (check numbers 48710-49307 and direct disbursements totaling $23,243,203.31) and payroll registers totaling $1,868,175.07 (check numbers 163946- 163962 and electronic fund transfers 48884-49445).

GOAL STATEMENT
The proposed action supports the City's goal of managing the City's resources in a fiscally responsible and transparent manner.

BACKGROUND
The City Council is presented with the financial disbursements for the purchase of materials, supplies, services, capital projects, and payroll warrants issued in the prior month. This process provides the City Council with the opportunity to review the monthly expenses of the city.

ISSUES AND ANALYSIS
In accordance with Government Code 37208, the Finance Officer hereby certifies that the attached warrant registers, direct disbursements, and payroll registers have been found to conform to the approved budget and have been paid.

These demands are submitted to the City Council for review and approval.

FISCAL IMPACTS
Funds are available for the payment of the warrant registers, direct disbursements, and payroll registers in accordance with the FY 2024-25 operating budget.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Page 26 of 313 ends

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
48710
07/03/2024 PRINTED
73931
41MPRINT
1,775.99
48711
07/03/2024 PRINTED
1671

ABOVE THE CROWD PRODUCTIONS, LLC
15,957.54
48712
07/03/2024 PRINTED
207

ADLERHORST INTERNATIONAL LLC
5,800.00
48713
07/03/2024 PRINTED
1380

ADVANTEC CONSULTING ENGINEERS, INC
30,091.51
48714
07/03/2024 PRINTED
15750

AFLAC PREMIUM HOLDING
636.20
48715
07/03/2024 PRINTED
12564

ALL CITY MANAGEMENT SERVICES INC
17,602.98
48716
07/03/2024 PRINTED
1313

UNIVERSAL PROTECTION SERVICE, LP
20,318.40
48717
07/03/2024 PRINTED
1840
AMERICAN COMPUTER SERVICES, INC.
2,500.00
48718
07/03/2024 PRINTED
6109

AMERICAN HERITAGE LIFE INS CO

93.09 48719
07/03/2024 PRINTED
6683

ATMAA INC
1,040.00
48720
07/03/2024 PRINTED
1779

BAKER TILLY US, LLP
3,500.00
48721
07/03/2024 PRINTED
119661

BEST BEST & KRIEGER LLP
39,664.65
48722
07/03/2024 PRINTED
40451
BMI
866.00
48723
07/03/2024 PRINTED
120021

BRIGHTVIEW
64,192.67
48724
07/03/2024 PRINTED
773

CALED - CALIFORNIA ASSOCIATION
889.99
48725
07/03/2024 PRINTED
93561

CALIFORNIA POLICE CHIEFS ASSOC
1,945.00
48726
07/03/2024 PRINTED
83401

CARL WARREN & CO
4,067.50
48727
07/03/2024 PRINTED
1797

CARNIVAL SERVICES
6,745.00
48728
07/03/2024 PRINTED
1167

ALERIA, TONY R
226.28
48729
07/03/2024 PRINTED
1624

CHARLES E HINCHCLIFFE
4,000.00
48730
07/03/2024 PRINTED
118781

CARD INTEGRATORS CORPORATION
3,491.70
48731
07/03/2024 PRINTED
1848
CJ PRINTING/C1 MEDIA
130.80
48732
07/03/2024 PRINTED
14251

COMPRISE TECHNOLOGIES INC
1,755.00
48733
07/03/2024 PRINTED
1500

THE CUSTOM GRAPHICS

52.80 48734
07/03/2024 PRINTED
1385
DAVID TAUSSIG & ASSOCIATES, INC.
2,233.50
48735
07/03/2024 PRINTED
1153

DENCO LIEN SALES, INC
725.00
48736
07/03/2024 PRINTED
124

DEPARTMENT OF JUSTICE
1,670.00
48737
07/03/2024 PRINTED
1709

DISABILITY ACCESS CONSULTANTS, LLC
25,855.00
48738
07/03/2024 PRINTED
1276

EXTRIC LLC
1,188.00
48739
07/03/2024 PRINTED
1546
M. ANIES KHAN
5,200.70
48740
07/03/2024 PRINTED
99418

FRANCHISE TAX BOARD

40.00 48741
07/03/2024 PRINTED
78 FRONTIER
660.00
48742
07/03/2024 PRINTED
78 FRONTIER
660.00
48743
07/03/2024 PRINTED
78 FRONTIER
660.00
48744
07/03/2024 PRINTED
78 FRONTIER
357.00
48745
07/03/2024 PRINTED
290

GRAINGER
1,110.91
48746
07/03/2024 PRINTED
1212

HARDY & HARPER, INC
91,369.00
48747
07/03/2024 PRINTED
1842
HARPER & ASSOCIATES ENGINEERING, INC.
42,072.00
48748
07/03/2024 PRINTED
1847

HERO FRAMING
4,218.41
48749
07/03/2024 PRINTED
3231

HINDERLITER, DE LLAMAS & ASSOCIATES
4,829.11
48750
07/03/2024 PRINTED
1604

IMS INFRASTRUCTURE MANAGEMENT SERVICES, LP
20,378.00
48751
07/03/2024 PRINTED
3430

INLAND EMPIRE STAGES, LTD
4,610.00
48752
07/03/2024 PRINTED
106951

INTEGRATED TECHNOLOGY
1,149.58
48753
07/03/2024 PRINTED
114501

INTERWEST CONSULTING GROUP
9,625.00
48754
07/03/2024 PRINTED
9463

JB'S POOLS & PONDS, INC

94.71 487SS
07/03/2024 PRINTED
772

KIDS SPORTS NEWS NETWORK
1,500.00
Prepared By: Tonya Lei 1 of 12 Pag@/2%n&4313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
48756
07/03/2024 PRINTED
4500

KOONTZ, CLYDE
1,2S1.69
48757
07/03/2024 PRINTED
1802
KTUA
25,937.03
48758
07/03/2024 PRINTED
91491

LIBRARY SYSTEMS & SERVICES LLC
15,678.36
48759
07/03/2024 PRINTED
1533

MELVIN ZARAGOZA
300.00
48760
07/03/2024 PRINTED
879

MOTOROLA SOLUTIONS, INC
16,371.97
48761
07/03/2024 PRINTED
7816

MR T'S TOWING INC
1,800.00
48762
07/03/2024 PRINTED
203

MV CHENG & ASSOCIATE
18,182.50
48763
07/03/2024 PRINTED
1162

NETFILE, INC
7,100.00
48764
07/03/2024 PRINTED
42771

OCCU-MED LTD
3,125.45
48765
07/03/2024 PRINTED
30971

OCCUPATIONAL HEALTH CENTERS
465.00
48766
07/03/2024 PRINTED
1821

OTA WORLD, LLC
5,249.00
48767
07/03/2024 PRINTED
1625

PARTIES UNLIMITED
879.20
48768
07/03/2024 PRINTED
328

FERGUSON ENTERPRISES, INC
283.13
48769
07/03/2024 PRINTED
869

PPS ENTERPRISES, INC
4,836.49
48770
07/03/2024 PRINTED
1841
PURSUIT 360 STRATEGIES LLC
6,000.00
48771
07/03/2024 PRINTED
1806

RICHARD WILLIAM WEISS
300.00
48772
07/03/2024 PRINTED
10638

RICHARDS, WATSON & GERSHON
280.00
48773
07/03/2024 PRINTED
67381
ROUTE 66 CAR WASH INC
691.00
48774
07/03/2024 PRINTED
1262

RUMBLE FISH PEST CONTROL INC
600.00
48775
07/03/2024 PRINTED
90591

S & J SUPPLY CO INC
39,596.86
48776
07/03/2024 PRINTED
606

SAN BERNARDINO COUNTY SHERIFF'S
5,000.00
48777
07/03/2024 PRINTED
18062

SOFFA ELECTRIC INC
780.00
48778
07/03/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
1,234.81
48779
07/03/2024 PRINTED
1106

SPORT PINS INTERNATIONAL, INC
1,099.05
48780
07/03/2024 PRINTED
1608

STAFFING NETWORK HOLDINGS, LLC
3,313.20
48781
07/03/2024 PRINTED
16607

STAPLES BUSINESS ADVANTAGE
874.80
48782
07/03/2024 PRINTED
69231

STEP SAVER CA LLC
1,762.98
48783
07/03/2024 PRINTED
2439

T K E ENGINEERING INC
16,740.00
48784
07/03/2024 PRINTED
11583

THOMPSON PLUMBING SUPPLY
991.37
48785
07/03/2024 PRINTED
62321
U.S. TELEPACIFIC CORP
1,352.44
48786
07/03/2024 PRINTED
62321
U.S. TELEPACIFIC CORP
1,332.51
48787
07/03/2024 PRINTED
98 TRITECH SOFTWARE SYSTEMS
9,480.24
48788
07/03/2024 PRINTED
38131

U C ADVANTAGE INC
502.25
48789
07/03/2024 PRINTED
148

UPLAND CHAMBER OF COMMERCE
705.00
48790
07/03/2024 PRINTED
67961

UPLAND POLICE EXPLORER
1,500.00
48791
07/03/2024 PRINTED
1835
VERSATERM PUBLIC SAFETY US, INC.
19,308.00
48792
07/03/2024 PRINTED
857

WATERLINE TECHNOLOGIES, INC
1,117.02
48793
07/03/2024 PRINTED
1725

WEST COAST ARBORISTS INC
32,458.00
48794
07/03/2024 PRINTED
1261

WEX HEALTH INC
232.65
48795
07/03/2024 PRINTED
5193

ZAILO, ROBERT
250.00
48796
07/03/2024 PRINTED
999999

HORNE LLP DBA CA LIHWAP
198.23
48797
07/03/2024 PRINTED
999999

HORNE LLP DBA CA LIHWAP
198.23
48798
07/03/2024 PRINTED
999999

HORNE LLP DBA CA LIHWAP

40.03 48922
07/10/2024 PRINTED
1681
10-8 RETROFIT INC
2,174.43
48923
07/10/2024 PRINTED
14 ACTION AWARDS
141.16
48924
07/10/2024 PRINTED
207

ADLERHORST INTERNATIONAL LLC
226.27
Prepared By: Tonya Lei 2 of 12 Pag@/2&&4313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
48925
07/10/2024 PRINTED
291

GOLDEN STATE SUPPLY, LLC

48.22 48926
07/10/2024 PRINTED
3 AIRGAS USA LLC
1,530.80
48927
07/10/2024 PRINTED
1403
ALLEN JR., JOHN DAVID
252.45
48928
07/10/2024 PRINTED
1396

ALVAREZ, MARIA ELENA
969.00
48929
07/10/2024 PRINTED
1522

JASON ATILANO
723.42
48930
07/10/2024 PRINTED
12378

ATKINSON ANDELSON LOYA RUDD
450.45
48931
07/10/2024 PRINTED
715

BACKFLOW PREVENTION DEVICE INSPECTIONS, INC
198.67
48932
07/10/2024 PRINTED
3987

BALDY VIEW GYMNASTICS
1,392.48
48933
07/10/2024 PRINTED
1348

BAST, KAY
120.60
48934
07/10/2024 PRINTED
1734

BATTERY WORX INC
514.36
48935
07/10/2024 PRINTED
1112

BEGINNERS EDGE SPORTS TRAINING, LLC
1,720.50
48936
07/10/2024 PRINTED
1769

BIO-TOX LABORATORIES
5,074.00
48937
07/10/2024 PRINTED
1130

BLANCO, MARCELO
3,101.19
48938
07/10/2024 PRINTED
1722

RAQUEL VEISAGA
359.10
48939
07/10/2024 PRINTED
120021

BRIGHTVIEW
1,600.00
48940
07/10/2024 PRINTED
1503

BROWN AND CALDWELL
54,542.11
48941
07/10/2024 PRINTED
195

CALIFORNIA NEWSPAPERS PARTNERSHIP
5,053.51
48942
07/10/2024 PRINTED
1600

CDL BASIC TRAINING LLC
7,000.00
48943
07/10/2024 PRINTED
118781

CARD INTEGRATORS CORPORATION

96.82 48944
07/10/2024 PRINTED
1630

CORTEZ, JACOBB
1,875.55
48945
07/10/2024 PRINTED
521

COUPLAND, DONNA
1,353.90
48946
07/10/2024 PRINTED
129871

CROWN TOYOTA
36,945.05
48947
07/10/2024 PRINTED
1549

CYNC SOLUTIONS INC
3,250.00
48948
07/10/2024 PRINTED
656

DANIELS TIRE SERVICE, INC
5,895.13
48949
07/10/2024 PRINTED
16636

DELL MARKETING LP
144,508.61
48950
07/10/2024 PRINTED
1153

DENCO LIEN SALES, INC
505.00
48951
07/10/2024 PRINTED
126011

DEPT OF INDUSTRIAL RELATIONS
225.00
48952
07/10/2024 PRINTED
816

DOG WASTE DEPOT
1,148.96
48953
07/10/2024 PRINTED
1579

ELITE BOILERS
1,647.94
48954
07/10/2024 PRINTED
108961

PHILLIP ESTRADA
189.09
48955
07/10/2024 PRINTED
1165

EWING IRRIGATION
1,499.82
48956
07/10/2024 PRINTED
1587

EXPRESS BRAKE SUPPLY & DISTRIBUTORS INC
1,006.66
48957
07/10/2024 PRINTED
1849

FASTAIRE HAND DRYERS INC
2,132.67
48958
07/10/2024 PRINTED
1531

FELICITY USA MANAGEMENT SERVICES LLC
1,132.20
48959
07/10/2024 PRINTED
1486

NORMA FLORES

21.99 48960
07/10/2024 PRINTED
128

FORTIER, NURIA
3,174.33
48961
07/10/2024 PRINTED
123041

FRIENDS OF UPL ANML SHLTR INC
1,976.00
48962
07/10/2024 PRINTED
78 FRONTIER
107.34
48963
07/10/2024 PRINTED
78 FRONTIER
591.67
48964
07/10/2024 PRINTED
78 FRONTIER
1,883.44
48965
07/10/2024 PRINTED
111311

FUN WITH SCIENCE
304.05
48966
07/10/2024 PRINTED
1721

DAVID YOVANI RUIZ
1,921.07
48967
07/10/2024 PRINTED
1603

GOLDEN STAR JANITORIAL INC
17,540.00
48968
07/10/2024 PRINTED
129521

GRAFIX SYSTEMS
1,217.44
48969
07/10/2024 PRINTED
290

GRAINGER
1,897.99
48970
07/10/2024 PRINTED
34941

GUZMAN, STACEY
2,792.00
Prepared By: Tonya Lei 3 of 12 Pag@/29&4313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
48971
07/10/2024 PRINTED
90227

HEARD'S INVESTIGATIONS AND POLYGRAPH, LLC
4,200.00
48972
07/10/2024 PRINTED
1787

VAN ESSA AN HIDALGO

51.30 48973
07/10/2024 PRINTED
329

HOLLIDAY ROCK CO INC
651.24
48974
07/10/2024 PRINTED
629

HONEYCOTT, INC
700.00
48975
07/10/2024 PRINTED
4495

HOSE -MAN INC
536.15
48976
07/10/2024 PRINTED
1723
HUNTINGTON HARDWARE CO. INC
423.19
48977
07/10/2024 PRINTED
153

INLAND EMPIRE UTILITIES AGENCY
1,030.83
48978
07/10/2024 PRINTED
4137

INLAND FAIR HOUSING MEDIATION BOARD/FHMB
5,256.07
48979
07/10/2024 PRINTED
284

J G BAUTISTA CONSULTING
11,025.00
48980
07/10/2024 PRINTED
477

JOHNSON, KERI

34.17 48981
07/10/2024 PRINTED
583

KING FENCING INC
5,800.00
48982
07/10/2024 PRINTED
1810

CHRISTOPHER KIVETT
171.51
48983
07/10/2024 PRINTED
26101

KONICA MINOLTA
4,369.27
48984
07/10/2024 PRINTED
53241

KONICA MINOLTA BUSINESS SOLUTIONS
10,006.07
48985
07/10/2024 PRINTED
15595

L D M ASSOCIATES INC
32,611.25
48986
07/10/2024 PRINTED
373
LA POLICE GEAR, INC.
320.46
48987
07/10/2024 PRINTED
3020

LAW ENFORCEMENT MEDICAL SVCS
2,960.00
48988
07/10/2024 PRINTED
59 MALLORY SAFETY AND SUPPLY
730.70
48989
07/10/2024 PRINTED
1332

MERIDIAN RAPID DEFENSE GROUP
12,978.61
48990
07/10/2024 PRINTED
1315

MORALES, BRANDON

90.00 48991
07/10/2024 PRINTED
238

MOUNTAIN VIEW CHEVROLET
755.60
48992
07/10/2024 PRINTED
84721

NORTHERN TOOL & EQUIPMENT
7,031.92
48993
07/10/2024 PRINTED
117121

NUCKLES OIL COMPANY INC
30,751.47
48994
07/10/2024 PRINTED
788
0 F WOLFINBARGER INC
181.02
48995
07/10/2024 PRINTED
1740

O-REILLY AUTO ENTERPRISES, LLC
1,626.69
48996
07/10/2024 PRINTED
30971

OCCUPATIONAL HEALTH CENTERS
115.00
48997
07/10/2024 PRINTED
532

PATTON SALES CORP
156.88
48998
07/10/2024 PRINTED
33021

PELLITTERI, CHRISTOPHER
241.50
48999
07/10/2024 PRINTED
328

FERGUSON ENTERPRISES, INC

78.66 49000
07/10/2024 PRINTED
1731

R E S ENVIRONMENTAL INC
1,700.00
49001
07/10/2024 PRINTED
349

RAIN MASTER IRRIGATION SYSTEMS
298.90
49002
07/10/2024 PRINTED
1826

RCR TRAFFIC SPECIALIST
613.97
49003
07/10/2024 PRINTED
80071

REFLECTIVE DESIGN
188.56
49004
07/10/2024 PRINTED
1262

RUMBLE FISH PEST CONTROL INC
300.00
49005
07/10/2024 PRINTED
210
SALDANA DIAZ, NURYS E.
498.58
49006
07/10/2024 PRINTED
1824
SALES AND DISTRIBUTION SERVICES, INC.
9,024.73
49007
07/10/2024 PRINTED
11671

SAN BERNARDINO COUNTY
13,809.65
49008
07/10/2024 PRINTED
1616

SERVPRO TEAM BROGDON
5,991.21
49009
07/10/2024 PRINTED
793

SHARPLINE SOLUTIONS, INC
7,404.10
49010
07/10/2024 PRINTED
407

SINGLETON, DENICE
245.10
49011
07/10/2024 PRINTED
107

SITEONE LANDSCAPE SUPPLY HOLDING LLC
1,890.72
49012
07/10/2024 PRINTED
43011

SMITH -EMERY LABORATORIES
6,174.97
49013
07/10/2024 PRINTED
99141

SONSRAY MACHINERY LLC

28.51 49014
07/10/2024 PRINTED
861

SOUTHWEST MOBILE STORAGE, INC
500.00
49015
07/10/2024 PRINTED
16607

STAPLES BUSINESS ADVANTAGE
693.30
49016
07/10/2024 PRINTED
211

STATEWIDE TRAFFIC SAFETY AND SIGNS INC
157.32
Prepared By: Tonya Lei 4 of 12 PagOMIM-1313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
49017
07/10/2024

PRINTED
69231

STEP SAVER CA LLC
1,13SAS
49018
07/10/2024

PRINTED
417

E&S TOWING ENTERPRISES, INC
2,850.00
49019
07/10/2024

PRINTED
1854

TACOS AL CARBON
3,305.23
49020
07/10/2024

PRINTED
11000

TEAGUE, LON
134.24
49021
07/10/2024

PRINTED
935

TERMINIX INTERNATIONAL
170.00
49022
07/10/2024

PRINTED
11583

THOMPSON PLUMBING SUPPLY
115,262.22
49023
07/10/2024

PRINTED
1347

TINKERSPACE, INC
102.60
49024
07/10/2024

PRINTED
1557

S&J CAPITAL GROUP LLC
245.00
49025
07/10/2024

PRINTED
16541

ANDREW TODD
461.31
49026
07/10/2024

PRINTED
1148

TOTAL ENVIRONMENTAL MANAGEMENT, INC
15,100.00
49027
07/10/2024

PRINTED
311

U S ARMOR CORPORATION
4,682.79
49028
07/10/2024

PRINTED
483

ULINE, INC
2,542.81
49029
07/10/2024

PRINTED
17022

UPLAND MUSIC SCHOOL
294.00
49030
07/10/2024

PRINTED
1413

VAZQUEZ, DIANA

37.39 49031
07/10/2024

PRINTED
990

VEOLIA NORTH AMERICA, INC
284.63
49032
07/10/2024

PRINTED
1653

MARIA E WALWORTH
250.00
49033
07/10/2024

PRINTED
98971

WARNER, MARC
174.54
49034
07/10/2024

PRINTED
760

WATER FACILITIES AUTHORITY
1,472.80
49035
07/10/2024

PRINTED
857

WATERLINE TECHNOLOGIES, INC
596.20
49036
07/10/2024

PRINTED
1507

WILCOX SUPPLY INC
797.35
49037
07/10/2024

PRINTED
1325

WILLDAN ENGINEERING
24,700.00
49038
07/10/2024

PRINTED
5193

ZAILO, ROBERT
485.55
49039
07/10/2024

PRINTED
999999
66ERS BASEBALL
500.00
49040
07/10/2024

PRINTED
999999

ANDY FRONTZAK
418.42
49041
07/10/2024

PRINTED
999999

DAVID CARBAJAL
500.00
49042
07/10/2024

PRINTED
999999

DOUGLAS MULLANE
727.00
49043
07/10/2024

PRINTED
999999

MAGNA TRANSPORTATION

32.00 49044
07/10/2024

PRINTED
999999

MARIA CORTEZ

50.00 4904S
07/10/2024

PRINTED
999999

SARAH STONE

61.17 49046
07/11/2024

PRINTED
1830

CHRIS TURBIS
2,200.00
49047
07/17/2024

PRINTED
1681
10-8 RETROFIT INC
261.00
49048
07/17/2024

PRINTED
207

ADLERHORST INTERNATIONAL LLC
297.39
49049
07/17/2024

PRINTED
291

GOLDEN STATE SUPPLY, LLC
246.56
49050
07/17/2024

PRINTED
1380

ADVANTEC CONSULTING ENGINEERS, INC
12,890.00
49051
07/17/2024

PRINTED
6683

ATMAA INC
1,400.00
49052
07/17/2024

PRINTED
862

BADGER METER INC
4,499.72
49053
07/17/2024

PRINTED
119661

BEST BEST & KRIEGER LLP
40,840.84
49054
07/17/2024

PRINTED
448

CINTAS CORPORATION
2,830.37
49055
07/17/2024

PRINTED
97771
CODESP
3,000.00
49056
07/17/2024

PRINTED
1801

DASH CONSTRUCTION COMPANY, INC
275,615.18
49057
07/17/2024

PRINTED
123761

DATA TICKET
4,054.13
49058
07/17/2024

PRINTED
1786

DRAGONFLY PUBLIC AFFAIRS
7,000.00
49059
07/17/2024

PRINTED
2435

EVERSOFT
2,090.27
49060
07/17/2024

PRINTED
1587

EXPRESS BRAKE SUPPLY & DISTRIBUTORS INC
2,624.39
49061
07/17/2024

PRINTED
4456

FEDERAL EXPRESS

11.24 49062
07/17/2024

PRINTED
96251

FORD OF UPLAND
961.42
Prepared By: Tonya Lei 5 of 12 Pag@/3/2&-`I313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
49063
07/17/2024 PRINTED
99418

FRANCHISE TAX BOARD

40.00 49064
07/17/2024 PRINTED
78 FRONTIER
1,220.00
49065
07/17/2024 PRINTED
58311

G H A TECHNOLOGIES

52.80 49066
07/17/2024 PRINTED
549

GOLDEN BELL PRODUCTS INC
106,335.00
49067
07/17/2024 PRINTED
1714

GENUINE PARTS COMPANY
130.28
49068
07/17/2024 PRINTED
290

GRAINGER
3,535.11
49069
07/17/2024 PRINTED
1819

GREEN GIANT LANDSCAPE, INC
453,819.04
49070
07/17/2024 PRINTED
34941

GUZMAN, STACEY
129.30
49071
07/17/2024 PRINTED
5206

H D L COREN & CONE
4,699.38
49072
07/17/2024 PRINTED
329

HOLLIDAY ROCK CO INC
8,683.39
49073
07/17/2024 PRINTED
5012
ICRMA
87,686.73
49074
07/17/2024 PRINTED
153

INLAND EMPIRE UTILITIES AGENCY
111,218.61
49075
07/17/2024 PRINTED
1441

KNIGHT CLAREMONT INC
699.08
49076
07/17/2024 PRINTED
15595

L D M ASSOCIATES INC
10,179.00
49077
07/17/2024 PRINTED
1817

LANGUAGE NETWORK, INC
130.00
49078
07/17/2024 PRINTED
1341

MARTINEZ, JOSHUA
200.00
49079
07/17/2024 PRINTED
203

MV CHENG & ASSOCIATE
11,292.50
49080
07/17/2024 PRINTED
476

NATIONAL AUTO FLEET GROUP
103,127.82
49081
07/17/2024 PRINTED
1724

VETERINARY PET INSURANCE COMPANY
349.26
49082
07/17/2024 PRINTED
1740
0-REILLY AUTO ENTERPRISES, LLC
856.59
49083
07/17/2024 PRINTED
30971

OCCUPATIONAL HEALTH CENTERS
435.00
49084
07/17/2024 PRINTED
1419

ONYX PAVING COMPANY INC
56,800.39
49085
07/17/2024 PRINTED
1581

OPERATIONS MANAGEMENT GROUP
22,800.00
49086
07/17/2024 PRINTED
6625

P F SERVICES INC
170.00
49087
07/17/2024 PRINTED
813
PARMA
300.00
49088
07/17/2024 PRINTED
869

PPS ENTERPRISES, INC
1,947.85
49089
07/17/2024 PRINTED
1000

RICHARDSON BODY SHOP CORPORATION
2,151.94
49090
07/17/2024 PRINTED
67381
ROUTE 66 CAR WASH INC
1,808.00
49091
07/17/2024 PRINTED
90591

S & J SUPPLY CO INC
4,916.91
49092
07/17/2024 PRINTED
3662

SAFETY-KLEEN SYSTEMS, INC
249.78
49093
07/17/2024 PRINTED
27281

SANITAS TECHNOLOGIES
435.00
49094
07/17/2024 PRINTED
131121

SHRED -IT USA JV LLC
642.13
49095
07/17/2024 PRINTED
1832

SILVER LINING MUSIC
1,800.00
49096
07/17/2024 PRINTED
107

SITEONE LANDSCAPE SUPPLY HOLDING LLC
3,984.36
49097
07/17/2024 PRINTED
77751

IDSC HOLDINGS LLC
7,328.76
49098
07/17/2024 PRINTED
18062

SOFFA ELECTRIC INC
780.00
49099
07/17/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
149.98
49100
07/17/2024 PRINTED
1106

SPORT PINS INTERNATIONAL, INC
1,880.24
49101
07/17/2024 PRINTED
16607

STAPLES BUSINESS ADVANTAGE
1,379.02
49102
07/17/2024 PRINTED
26 STATE CONTROLLER
150.00
49103
07/17/2024 PRINTED
69231

STEP SAVER CA LLC
929.17
49104
07/17/2024 PRINTED
11583

THOMPSON PLUMBING SUPPLY
2,539.61
49105
07/17/2024 PRINTED
626

TMP ENTERPRISES, LLC
200.00
49106
07/17/2024 PRINTED
1623

TRANSNATION TRANSLATIONS, INC

80.00 49107
07/17/2024 PRINTED
483

ULINE, INC
1,075.55
49108
07/17/2024 PRINTED
3557

UNDERGROUND SERVICE ALERT
558.23
Prepared By: Tonya Lei 6 of 12 Pag@/32&-`I313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
49109
07/17/2024 PRINTED
1682

UPLAND AUTO BODY
977.28
49110
07/17/2024 PRINTED
704

V & V MANUFACTURING, INC
619.56
49111
07/17/2024 PRINTED
14735

VERIZON WIRELESS
320.08
49112
07/17/2024 PRINTED
14735

VERIZON WIRELESS
287.57
49113
07/17/2024 PRINTED
14735

VERIZON WIRELESS
163.04
49114
07/17/2024 PRINTED
14735

VERIZON WIRELESS

40.01 49115
07/17/2024 PRINTED
14735

VERIZON WIRELESS

40.01 49116
07/17/2024 PRINTED
14735

VERIZON WIRELESS
523.23
49117
07/17/2024 PRINTED
14735

VERIZON WIRELESS
2,255.30
49118
07/17/2024 PRINTED
14735

VERIZON WIRELESS
164.54
49119
07/17/2024 PRINTED
14735

VERIZON WIRELESS
120.03
49120
07/17/2024 PRINTED
14735

VERIZON WIRELESS
11,295.45
49121
07/17/2024 PRINTED
14735

VERIZON WIRELESS
120.03
49122
07/17/2024 PRINTED
14735

VERIZON WIRELESS
692.87
49123
07/17/2024 PRINTED
14735

VERIZON WIRELESS
1,000.33
49124
07/17/2024 PRINTED
14735

VERIZON WIRELESS
849.21
49125
07/17/2024 PRINTED
857

WATERLINE TECHNOLOGIES, INC
890.88
49126
07/17/2024 PRINTED
97071

WEST VALLEY MRF
133.97
49127
07/24/2024 PRINTED
73931
41MPRINT
3,944.04
49128
07/24/2024 PRINTED
1671

ABOVE THE CROWD PRODUCTIONS, LLC
1,305.00
49129
07/24/2024 PRINTED
12564

ALL CITY MANAGEMENT SERVICES INC
3,706.80
49130
07/24/2024 PRINTED
1678

JOHN P ANDREWS
100.00
49131
07/24/2024 PRINTED
131971

ANNEALTA GROUP
33,120.00
49132
07/24/2024 PRINTED
1729

ANTHESIS SERVICES
7,500.00
49133
07/24/2024 PRINTED
1831

KAROL BALA
2,700.00
49134
07/24/2024 PRINTED
1538

ARNOLD FIELDS INC
29,900.00
49135
07/24/2024 PRINTED
308

ASPINALL, ROBIN JEAN
100.00
49136
07/24/2024 PRINTED
6683

ATMAA INC
700.00
49137
07/24/2024 PRINTED
631

E&M ELETRIC AND MACHINERY, INC
8,780.00
49138
07/24/2024 PRINTED
1374

BAY ALARM COMPANY
215.00
49139
07/24/2024 PRINTED
120021

BRIGHTVIEW
31,323.85
49140
07/24/2024 PRINTED
819

BRINKS, INC

11.44 49141
07/24/2024 PRINTED
1007

CALDWELL, CHRISTINE
100.00
49142
07/24/2024 PRINTED
195

CALIFORNIA NEWSPAPERS PARTNERSHIP
712.84
49143
07/24/2024 PRINTED
83401

CARL WARREN & CO
2,399.76
49144
07/24/2024 PRINTED
1167

ALERIA, TONY R
228.43
49145
07/24/2024 PRINTED
448

CINTAS CORPORATION
1,415.65
49146
07/24/2024 PRINTED
1755

CIVICA LAW GROUP, APC
8,928.74
49147
07/24/2024 PRINTED
1848

CJ PRINTING/CJ MEDIA

32.70 49148
07/24/2024 PRINTED
163

CLINICAL LABORATORY OF SAN BERNARDINO, INC
330.00
49149
07/24/2024 PRINTED
1846

COLTS LANDSCAPE, INC
4,850.00
49150
07/24/2024 PRINTED
45421

COSTAR REALTY INFORMATION GROUP INC
729.40
49151
07/24/2024 PRINTED
4696

CUCAMONGA VALLEY WATER DISTRIC
139.26
49152
07/24/2024 PRINTED
1500

THE CUSTOM GRAPHICS
105.60
49153
07/24/2024 PRINTED
247

DAVIDSON, JAMIE

19.99 49154
07/24/2024 PRINTED
1153

DENCO LIEN SALES, INC
1,045.00
Prepared By: Tonya Lei 7 of 12 Pag@/3ait&-`I313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
491SS
07/24/2024 PRINTED
124

DEPARTMENT OF JUSTICE
1,4SS.00
49156
07/24/2024 PRINTED
1570

DIRECTV ENTERTAINMENT HOLDINGS LLC
163.24
49157
07/24/2024 PRINTED
1571

DOWNSTREAM SERVICES, INC
33,265.20
49158
07/24/2024 PRINTED
1680

E SOURCE COMPANIES LLC
9,360.00
49159
07/24/2024 PRINTED
10485

EXPERIAN
152.48
49160
07/24/2024 PRINTED
78 FRONTIER

80.75 49161
07/24/2024 PRINTED
78 FRONTIER
133.78
49162
07/24/2024 PRINTED
78 FRONTIER

43.23 49163
07/24/2024 PRINTED
78 FRONTIER
712.95
49164
07/24/2024 PRINTED
111251

GNA BROOK FIRE PROTECTION INC
345.21
49165
07/24/2024 PRINTED
16829

GOURMET GOURMET CATERING
545.22
49166
07/24/2024 PRINTED
989

GRAHN, THOMAS
100.00
49167
07/24/2024 PRINTED
1672

GUINTA, TRENTON
200.00
49168
07/24/2024 PRINTED
1859

HANIGAN PRINTING AND PROMOTIONAL PRODUCTS
196.39
49169
07/24/2024 PRINTED
1842
HARPER & ASSOCIATES ENGINEERING, INC.
19,057.00
49170
07/24/2024 PRINTED
36511

HARRIS COMPUTER SYSTEMS
56,262.72
49171
07/24/2024 PRINTED
329

HOLLIDAY ROCK CO INC
555.99
49172
07/24/2024 PRINTED
16340

INFOSEND INC
13,409.80
49173
07/24/2024 PRINTED
153

INLAND EMPIRE UTILITIES AGENCY
82,556.66
49174
07/24/2024 PRINTED
1269

JOHNSON, JEFFREY
100.00
49175
07/24/2024 PRINTED
112441

JONES, TIMOTHY
260.00
49176
07/24/2024 PRINTED
53451

KENGRAPHICS PRINTING &
1,535.44
49177
07/24/2024 PRINTED
1548

KEYSER MARSTON ASSOCIATES, INC
3,540.00
49178
07/24/2024 PRINTED
1732

GREGORY KILEY
3,900.00
49179
07/24/2024 PRINTED
1692

MONICA MARROQUIN
100.00
49180
07/24/2024 PRINTED
552

MEGA BANK
126,753.59
49181
07/24/2024 PRINTED
1655

MICHAEL BAKER INTERNATIONAL INC
9,051.25
49182
07/24/2024 PRINTED
83491

NOBEL SYSTEMS
7,680.00
49183
07/24/2024 PRINTED
788
0 F WOLFINBARGER INC
181.02
49184
07/24/2024 PRINTED
961

PATTEN SYSTEMS, INC
3,832.03
49185
07/24/2024 PRINTED
1773

PAUL DAVIS RESTORATION OF THE INLAND EMPIRE
19,462.21
49186
07/24/2024 PRINTED
992

PRISTINE UNIFORMS, LLC
1,359.52
49187
07/24/2024 PRINTED
1841
PURSUIT 360 STRATEGIES LLC
6,000.00
49188
07/24/2024 PRINTED
62081

QUADIENT LEASING USA, INC
900.00
49189
07/24/2024 PRINTED
10638

RICHARDS, WATSON & GERSHON
105.00
49190
07/24/2024 PRINTED
612

RIDE ON POWERSPORTS, INC
37,957.75
49191
07/24/2024 PRINTED
67381
ROUTE 66 CAR WASH INC
816.00
49192
07/24/2024 PRINTED
1262

RUMBLE FISH PEST CONTROL INC
600.00
49193
07/24/2024 PRINTED
601

SAN ANTONIO WATER CO
297,087.82
49194
07/24/2024 PRINTED
606

SAN BERNARDINO COUNTY SHERIFF'S
4,519.47
49195
07/24/2024 PRINTED
95861

SCHEU FAMILY YMCA OF UPLAND
2,000.00
49196
07/24/2024 PRINTED
131121

SHRED -IT USA JV LLC

86.67 49197
07/24/2024 PRINTED
97854

SOUTHERN CALIF ASSN OF GOVT
10,783.00
49198
07/24/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
668.85
49199
07/24/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
669.00
49200
07/24/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
142.68
Prepared By: Tonya Lei 8 of 12 Pag@/3/R&-`I313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
49201
07/24/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
144.98
49202
07/24/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
134.98
49203
07/24/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
1,033.50
49204
07/24/2024 PRINTED
21671

CHARTER COMMUNICATIONS HOLDINGS, LLC
219.13
49205
07/24/2024 PRINTED
1608

STAFFING NETWORK HOLDINGS, LLC
4,819.20
49206
07/24/2024 PRINTED
16607

STAPLES BUSINESS ADVANTAGE
2,285.72
49207
07/24/2024 PRINTED
1439

STATON, BRIAN
100.00
49208
07/24/2024 PRINTED
417

E&S TOWING ENTERPRISES, INC
2,285.00
49209
07/24/2024 PRINTED
1862

LUIS TEIXEIRA
260.00
49210
07/24/2024 PRINTED
1777

TELEGRAPH AVENUE ADVISORS, LLC
5,000.00
49211
07/24/2024 PRINTED
11583

THOMPSON PLUMBING SUPPLY
121.56
49212
07/24/2024 PRINTED
62321
U.S. TELEPACIFIC CORP
2,554.31
49213
07/24/2024 PRINTED
98 TRITECH SOFTWARE SYSTEMS
51,285.00
49214
07/24/2024 PRINTED
1792

UNITED SITE SERVICES OF CALIFORNIA, INC
1,319.38
49215
07/24/2024 PRINTED
1595

VALLEY MAINTENANCE CORP
8,015.00
49216
07/24/2024 PRINTED
725

VIDO SAMARZICH, INC
60,690.00
49217
07/24/2024 PRINTED
776

VISTA PAINT CORP
2,440.89
49218
07/24/2024 PRINTED
1725

WEST COAST ARBORISTS INC
5,640.00
49219
07/24/2024 PRINTED
97071

WEST VALLEY MRF
4,264.18
49220
07/24/2024 PRINTED
999999

CITY VENTURES, LLC
230.00
49221
07/24/2024 PRINTED
999999

JESSICA SACCA

20.00 49222
07/24/2024 PRINTED
999999

LEVEL UP ROOFING
542.20
49223
07/24/2024 PRINTED
999999

SUNRUN INSTALLATION SERVICE
468.00
49224
07/24/2024 PRINTED
999999

SUNRUN INSTALLATION SERVICES
393.60
49225
07/24/2024 PRINTED
999999

SUNRUN INSTALLATION SERVICES
393.60
49226
07/24/2024 PRINTED
999999

SUNRUN INSTALLATION SERVICES
504.80
49227
07/24/2024 PRINTED
999999

SUNRUN INSTALLATION SERVICES
504.80
49228
07/24/2024 PRINTED
999999

T & G ROOFING
536.00
49229
07/30/2024 PRINTED
548

U S POSTAL SERVICE
1,840.00
49230
07/31/2024 PRINTED
1313

UNIVERSAL PROTECTION SERVICE, LP
20,419.64
49231
07/31/2024 PRINTED
289

ARROW TRAILER SUPPLIES INC

63.61 49232
07/31/2024 PRINTED
1612

AVENU STR IP LLC
7,260.00
49233
07/31/2024 PRINTED
195

CALIFORNIA NEWSPAPERS PARTNERSHIP
605.82
49234
07/31/2024 PRINTED
83401

CARL WARREN & CO
4,166.66
49235
07/31/2024 PRINTED
1752

WARREN COLLINS & ASSOCIATES, INC
19,904.24
49236
07/31/2024 PRINTED
1408

DALQUEST, ROBERT

24.26 49237
07/31/2024 PRINTED
16636

DELL MARKETING LP
6,158.56
49238
07/31/2024 PRINTED
52881

DIAMOND ENVIRONMENTAL SERVICES
4,751.80
49239
07/31/2024 PRINTED
1002

DUNN-EDWARDS
3,451.01
49240
07/31/2024 PRINTED
82651

ECONOLITE SYSTEMS, INC
25,313.62
49241
07/31/2024 PRINTED
99418

FRANCHISE TAX BOARD

40.00 49242
07/31/2024 PRINTED
99418

FRANCHISE TAX BOARD
1,154.49
49243
07/31/2024 PRINTED
255

DENNIS SILLETTO & ASSOCIATES
1,890.14
49244
07/31/2024 PRINTED
560

GOTIME CONTROL, INC
5,700.00
49245
07/31/2024 PRINTED
290

GRAINGER
6,010.54
49246
07/31/2024 PRINTED
72691

HAAKER EQUIPMENT CO
2,692.44
Prepared By: Tonya Lei 9 of 12 Pag@/3,&&-`I313

�qq pF vp292 City of Upland
�a Accounts Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK # CHECK DATE CHECK TYPE VENDOR # VENDOR NAME

CHECK AMOUNT
49247
07/31/2024 PRINTED
1362

HALVORSON, TORIN
138.00
49248
07/31/2024 PRINTED
131101

HARRINGTON INDUSTRIAL PLASTICS
1,090.83
49249
07/31/2024 PRINTED
90227

HEARD'S INVESTIGATIONS AND POLYGRAPH, LLC
675.00
49250
07/31/2024 PRINTED
329

HOLLIDAY ROCK CO INC
780.12
49251
07/31/2024 PRINTED
4495

HOSE -MAN INC
3,850.35
49252
07/31/2024 PRINTED
1604

IMS INFRASTRUCTURE MANAGEMENT SERVICES, LP
12,790.40
49253
07/31/2024 PRINTED
4137

INLAND FAIR HOUSING MEDIATION BOARD/FHMB
2,333.36
49254
07/31/2024 PRINTED
47821

INLAND VALLEY HOPE PARTNERS
252.04
49255
07/31/2024 PRINTED
14657

INLAND VALLEY RECOVERY SVCS
1,939.48
49256
07/31/2024 PRINTED
106951

INTEGRATED TECHNOLOGY
1,377.63
49257
07/31/2024 PRINTED
284

J G BAUTISTA CONSULTING
4,350.00
49258
07/31/2024 PRINTED
1662

JL GROUP, LLC
20,627.95
49259
07/31/2024 PRINTED
80561

KEENAN & ASSOCIATES
11,914.50
49260
07/31/2024 PRINTED
15595

L D M ASSOCIATES INC
12,091.50
49261
07/31/2024 PRINTED
53781

LEAD TECH ENVIRONMENTAL
1,190.00
49262
07/31/2024 PRINTED
91491

LIBRARY SYSTEMS & SERVICES LLC
17,705.90
49263
07/31/2024 PRINTED
16385

MAIN STREET SIGNS

27.19 49264
07/31/2024 PRINTED
21341

MATT CHLOR INC
6,015.84
49265
07/31/2024 PRINTED
42771

OCCU-MED LTD
4,020.25
49266
07/31/2024 PRINTED
30971

OCCUPATIONAL HEALTH CENTERS
401.00
49267
07/31/2024 PRINTED
6625

P F SERVICES INC
1,988.56
49268
07/31/2024 PRINTED
1717

PAGEFREEZER SOFTWARE INC
8,608.26
49269
07/31/2024 PRINTED
1674

RIEL MERZA ADALIN II
1,163.70
49270
07/31/2024 PRINTED
1563

MICHELLE L COLEY
250.00
49271
07/31/2024 PRINTED
334

PULL UP A CHAIR EVENT RENTALS
8,955.91
49272
07/31/2024 PRINTED
1852

PURE EFFECT, INC
3,093.81
49273
07/31/2024 PRINTED
3221

PYRO SPECTACULAR INC
22,500.00
49274
07/31/2024 PRINTED
1744

NICK BARBIERI TRUCKING, LLC
1,270.11
49275
07/31/2024 PRINTED
10638

RICHARDS, WATSON & GERSHON
558.23
49276
07/31/2024 PRINTED
1528

RISE INTERPRETING, INC
930.00
49277
07/31/2024 PRINTED
67381
ROUTE 66 CAR WASH INC
690.00
49278
07/31/2024 PRINTED
1262

RUMBLE FISH PEST CONTROL INC
150.00
49279
07/31/2024 PRINTED
11581

SAN BERNARDINO COUNTY
13,672.40
49280
07/31/2024 PRINTED
1661

BAPPTRE LANDSCAPING, INC
2,734.10
49281
07/31/2024 PRINTED
16607

STAPLES BUSINESS ADVANTAGE
205.55
49282
07/31/2024 PRINTED
211

STATEWIDE TRAFFIC SAFETY AND SIGNS INC
4,292.39
49283
07/31/2024 PRINTED
492

STEVE'S PROFESSIONAL GLASS TINTING & AUTO SECURITY
286.92
49284
07/31/2024 PRINTED
2439

T K E ENGINEERING INC
13,330.00
49285
07/31/2024 PRINTED
1156
T.R.L. SYSTEMS, INC

55.00 49286
07/31/2024 PRINTED
1839

TAPCO INC
4,410.34
49287
07/31/2024 PRINTED
688

TEAGUE, CAITLIN
468.31
49288
07/31/2024 PRINTED
1716

TEAMDYNAMIX HOLDINGS, INC
8,564.31
49289
07/31/2024 PRINTED
4463

NANCY K BOHL INC
2,000.00
49290
07/31/2024 PRINTED
11583

THOMPSON PLUMBING SUPPLY
2,000.00
49291
07/31/2024 PRINTED
1432

RYAN HOOVER
7,489.45
49292
07/31/2024 PRINTED
63381

UTILITY COST MANAGEMENT LLC
8,593.05
Prepared By: Tonya Lei 10 of 12 Pag@/3&&-`I313

pF vp292
City of Upland
�qq
�a Accounts
Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK #

CHECK DATE CHECK TYPE
VENDOR # VENDOR NAME

CHECK AMOUNT
49293
07/31/2024 PRINTED
4481

V C A CENTRAL ANIMAL HOSPITAL

83.79 49294
07/31/2024 PRINTED
857

WATERLINE TECHNOLOGIES, INC
1,665.25
49295
07/31/2024 PRINTED
766

WEST END CONSOLIDATED WATER CO
32,540.84
49296
07/31/2024 PRINTED
1261

WEX HEALTH INC
237.60
49297
07/31/2024 PRINTED
5193

ZAILO, ROBERT
150.00
49298
07/31/2024 PRINTED
999999

BISI WILTON-WADDELL
183.00
49299
07/31/2024 PRINTED
999999

CENTURY COMMUNITIES
220.00
49300
07/31/2024 PRINTED
999999

CHAD WILLIAM DURANTE
25,562.97
49301
07/31/2024 PRINTED
999999

FOXY HUDSON
230.00
49302
07/31/2024 PRINTED
999999

GUAN XIAOGUANG
530.00
49303
07/31/2024 PRINTED
999999

MICHELLE MARTINEZ
117.00
49304
07/31/2024 PRINTED
999999

ROBERT MELENDEZ

79.00 49305
07/31/2024 PRINTED
999999

SHERLYN LAZCANO

23.00 49306
07/31/2024 PRINTED
999999

STAUFFER DESIGN
280.00
49307
07/31/2024 PRINTED
999999

SUNSET OUTDOOR
502.00
PRINTED CHECKS (475 COUNT)
$ 4,238,967.51
70224000
07/02/2024 MANUAL
32091

SOUTHERN CALIF EDISON CO
127,416.95
70224001
07/02/2024 MANUAL
543

SOUTHERN CALIF GAS COMPANY
2,918.77
70224002
07/02/2024 MANUAL
65181

CALPERS
220,123.08
70S24000
07/05/2024 MANUAL
153

INLAND EMPIRE UTILITIES AGENCY
656,585.13
70524001
07/05/2024 MANUAL
1845

LWP CLAIMS SOLUTIONS INC
150,000.00
70824000
07/08/2024 MANUAL
43651

U S BANK NATIONAL ASSN
67,374.80
71124000
07/11/2024 MANUAL
441

MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC
1,376.93
71124001
07/11/2024 MANUAL
621

KAREN LONG
187.50
71124002
07/11/2024 MANUAL
622

UPLAND CITY EMPLOYEE ASSOCIATION
1,000.00
71124003
07/11/2024 MANUAL
125761

CITY EMPLOYEE ASSOCIATES
336.00
71124004
07/11/2024 MANUAL
736

UPLAND POLICE MANAGEMENT ASSN
1,072.00
71124005
07/11/2024 MANUAL
737

UPLAND POLICE OFFICERS ASSN
5,202.00
71124006
07/11/2024 MANUAL
1597

TRUSTMARK VOLUNTARY BENEFIT ADMINISTRATOR
2,651.70
71124007
07/11/2024 MANUAL
1594

COBRA PROFESSIONALS, INC
1,585.37
71124008
07/11/2024 MANUAL
618

ICMA-RC
1,643.75
71124009
07/11/2024 MANUAL
1337

STANDARD INSURANCE COMPANY
2,749.54
71224000
07/12/2024 MANUAL
83401

CARL WARREN & CO
29,502.88
71224001
07/12/2024 MANUAL
1499

EMPOWER TRUST COMPANY, LLC
65,911.13
71224002
07/12/2024 MANUAL
624

DEPT OF THE TREASURY
100.00
71624000
07/16/2024 MANUAL
32091

SOUTHERN CALIF EDISON CO
108,848.20
71724000
07/17/2024 MANUAL
1589

LIVELY INC
2,977.17
71924000
07/19/2024 MANUAL
91491

LIBRARY SYSTEMS & SERVICES LLC
118,731.00
71924001
07/19/2024 MANUAL
760

WATER FACILITIES AUTHORITY
333,742.89
71924002
07/19/2024 MANUAL
760

WATER FACILITIES AUTHORITY
19,550.00
71924003
07/19/2024 MANUAL
441

MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC
32,532.27
72324000
07/23/2024 MANUAL
65181

CALPERS
226,924.97
72424000
07/24/2024 MANUAL
827

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMIN
2,539.00
72424001
07/24/2024 MANUAL
1449

CALIFORNIA ASSET MANAGEMENT PROGRAM -CAMP
5,000,000.00
72524000
07/25/2024 MANUAL
754

PUBLIC AGENCY COALITION ENTERPRISE
111,353.90
Prepared By:

Tonya Lei
11 of 12
Pag@/3%2&-'313

pF vp292
City of Upland
�qq
�a Accounts
Payable Check Reconciliation Register
07/01/2024 - 07/31/2024
9ZIFO��
CHECK #

CHECK DATE CHECK TYPE
VENDOR # VENDOR NAME

CHECK AMOUNT
72524001
07/25/2024 MANUAL
1282

WESTERN ALLIANCE BUSINESS TRUST
85,812.15
72524002
07/25/2024 MANUAL
960

MUNICIPAL DENTAL POOL
25,758.11
72524003
07/25/2024 MANUAL
114711

METROPOLITAN LIFE INSURANCE CO
1,797.73
72524004
07/25/2024 MANUAL
529

KAISER FOUNDATION HEALTH PLAN
28,425.21
72524005
07/25/2024 MANUAL
529

KAISER FOUNDATION HEALTH PLAN
23,657.71
72524006
07/25/2024 MANUAL
1589

LIVELY INC
2,977.17
72524007
07/25/2024 MANUAL
441

MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC
1,219.02
72524008
07/25/2024 MANUAL
529

KAISER FOUNDATION HEALTH PLAN
149,287.50
72524009
07/25/2024 MANUAL
621

KAREN LONG
187.50
72524010
07/25/2024 MANUAL
622

UPLAND CITY EMPLOYEE ASSOCIATION
1,020.00
72524011
07/25/2024 MANUAL
125761

CITY EMPLOYEE ASSOCIATES
336.00
72524012
07/25/2024 MANUAL
736

UPLAND POLICE MANAGEMENT ASSN
1,072.00
72524013
07/25/2024 MANUAL
737

UPLAND POLICE OFFICERS ASSN
5,202.00
72524014
07/25/2024 MANUAL
1594

COBRA PROFESSIONALS, INC
1,627.04
72524015
07/25/2024 MANUAL
618

ICMA-RC
1,643.75
72524016
07/25/2024 MANUAL
126761

THE LINCOLN NATIONAL LIFE INS
7,129.30
72624000
07/26/2024 MANUAL
1499

EMPOWER TRUST COMPANY, LLC
65,629.68
72624001
07/26/2024 MANUAL
1869

CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA)
1,348,289.00
72624002
07/26/2024 MANUAL
624

DEPT OF THE TREASURY
100.00
73124000
07/31/2024 MANUAL
65181

CALIPERS
3,665,636.00
73124001
07/31/2024 MANUAL
65181

CALIPERS
3,162,518.00
73124002
07/31/2024 MANUAL
65181

CALIPERS
3,003,187.00
73124003
07/31/2024 MANUAL
65181

CALIPERS
95,829.00
73124004
07/31/2024 MANUAL
65181

CALPERS
27,694.00
73124005
07/31/2024 MANUAL
627

STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT
4,070.00
MANUAL CHECKS (54 COUNT)
$ 19,005,041.80
49042
07/10/2024 VOID
999999

DOUGLAS MULLANE
(727.00)
45847
11/08/2023 VOID
999999

ROBERT MELENDEZ
(79.00)
VOID CHECKS (2 COUNT)
$ (806.00)
PRINTED CHECKS (475 COUNT) $ 4,238,967.51
MANUAL CHECKS (54 COUNT) $ 19,005,041.80
VOID CHECKS (2 COUNT) $ (806.00)
PRINTED & MANUAL CHECKTOTALS $ 23,243,203.31
Prepared By: Tonya Lei 12 of 12 Pag@/3,&&-`I313

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

RICHARD JEGANATHAN, IT MANAGER

STACEY PADRON, EXECUTIVE ASSISTANT I
SUBJECT: CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR MANAGED

PRINT SERVICES
RECOMMENDED ACTION:

It is recommended that the City Council approve a multi -year contract with Sharp Inc. to provide city-wide multifunctional printer (MFP) equipment and managed print services (MPS) and authorize the City Manager to execute a lease agreement.

GOAL STATEMENT
The proposed action supports the City's goal of providing managed printer services and identifies potential cost savings.

BACKGROUND
In 2007, the City began leasing Multifunctional Devices (MFD) from Konica -Minolta at an annual payment of $195,000. Since then, the City continued to expand our agreement with Konica -Minolta by adding on devices as needed for the City's use.

In December 2013, the City Council approved a 48-month lease agreement with Konica -Minolta that would allow the City to continue using the current MFD's, with prior lease agreements, along with additional devices that ultimately saved the city over $10,000. The agreement with Konica also included a supplies and maintenance agreement.

In March 2017, City Council approved a contract extension a year before the lease was set to expire. This contract extension increased our lease agreement by 48 months. This renewed agreement also included the replacement of 18 units and enhancements to the Library equipment.

ISSUES AND ANALYSIS
Based on the longevity with the current vendor and lack of timely repairs on outdated equipment, the City felt it was best to compare our options with a Request For Proposal (RFP) process. In January 2024 the City posted the RFP on its website and received proposals from 10 vendors. The evaluation process involved a detailed review of the proposals received from interested vendors. Proposals were assessed based on several key criteria, including Completeness and Comprehensiveness, Responsiveness to City's Issues, Experience with Municipalities, Cost Effectiveness, Quality of Proposed Staff and Miscellaneous.

After a thorough review of the proposals, staff scored each vendor based on the criteria outlined above and Sharp Business emerged as the top candidate with an evaluation score of 91 out of 100. The proposals of the vendors with the top 3 scores were further evaluated by IT Manager Richard Jeganathan, Assistant City Manager Stephen Parker, and Executive Assistant Stacey Padron. Staff evaluated solution options from several vendors offered through cooperative pricing arrangements and determined that Sharp Inc. offered the best combination of quality, price, and features. After additional research into references, the group reached a unanimous consensus of recommending Sharp Business for selection as the city's copier vendor.

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FISCAL IMPACTS
The proposed cost of the leased equipment and managed print services by Sharp Inc. is not to exceed $375,000 over three years. Fund 753 Information Services in the FY 24/25 operating budget already has sufficient budget to accommodate the agreements.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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CITY OF UPLAND

AGREEMENT FOR GENERAL SERVICES

PARTIES AND DATE
This Agreement for Managed Print Services ("Agreement") 12th day of August, 2024 by and between the City of Upland, a municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and Sharp Electronics Corporation, through its Sharp Business Systems division, a New York Corporation with its principal place of business at 100 Paragon Drive, Montvale, New Jersey 07645 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS

2.1 Contractor.

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

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

2.2 Project.

City desires to engage Contractor to render such services for the Printing Services project ("Project") as set forth in this Agreement.

3. TERMS

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 22, 2024 to July 21, 2027 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth BB&K (2020) 1 AGREEMENT FOR GENERAL SERVICES
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in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed $375,000 without written approval of City Manager.

3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

3.3 Responsibilities of Contractor.

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

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

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

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

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

3.3.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to BB&K (2020) 3 AGREEMENT FOR GENERAL SERVICES
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perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Christopher Hart.

3.3.5 City's Representative. City hereby designates Richard Jeganathan, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

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

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

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

3.3.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold BB&K (2020) 4 AGREEMENT FOR GENERAL SERVICES
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City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any third -party claim or direct damages arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10 Insurance.
(a) Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

The City will provide a ten (10) cure period following written notice in the event of failure to provide and maintain all required insurance.
(b) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. Sharp will provide insurance coverage for the general liability policy via a combination of general and excess coverages. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (3) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (c) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured BB&K (2020) 5 AGREEMENT FOR GENERAL SERVICES
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Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(3) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.
(d) Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees and agents shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees and agents or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention. (g) Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or BB&K (2020) 6 AGREEMENT FOR GENERAL SERVICES
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reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (h) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
(i) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
0) Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit the Contractor's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(4) Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
(1) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, and agents as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement BB&K (2020) 7 AGREEMENT FOR GENERAL SERVICES
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shall be endorsed to name the City, its officials, officers, employees and agents as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being 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 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 Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.4.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.4.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be BB&K (2020) $ AGREEMENT FOR GENERAL SERVICES
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Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any third party claim or direct damages and liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor caused by the Contractor.

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

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

3.6 Indemnification.

3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees and agents free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner caused byany acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, or the actions of Contractor regarding the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, BB&K (2020) g AGREEMENT FOR GENERAL SERVICES
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Contractor's indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City. Contractor is not responsible for and will not indemnify the Vendor for any indirect damages to include lost revenues, lost profits, incidental, special, punitive or consequential damages.

3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees and agents.

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

3.7 General Provisions.

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

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

3.7.2 Independent Contractors and Subcontracting.
(a) Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant ("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor's behalf are Contractor's employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent.

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

Contractor:

City:

Sharp Electronics Corporation
100 Paragon Drive
Montvale, New Jersey 07645
Attn: Legal Department
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Information Technology Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

3.7.10 Successors and Assigns
successors and assigns of the parties.

This Agreement shall be binding on the
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3.7.11 Assignment or Transfer. Contractor shall have the right to assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City..

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

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

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

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

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

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

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

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

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

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

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SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF UPLAND AND

SHARP ELECTRONICS CORPORATION, THROUGH ITS SHARP BUSINESS SYSTEMS

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

CITY OF UPLAND
Approved By:

Stephen Parker for Michael Blay
City Manager
Attested By:

Keri Johnson
City Clerk
Approved as to Form:

Best Best & Krieger LLP
City Attorney
BB&K (2020)

SHARP ELECTRONICS CORPORATION,

THROUGH ITS SHARP BUSINESS

SYSTEMS DIVISION
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:
14 AGREEMENT FOR GENERAL SERVICES

Page 54 of 313 ends

EXHIBIT "A"

SCOPE OF SERVICES
Sharp Inc. will be responsible for supplying printing and copying equipment across all designated city facilities. Sharp will conduct an initial site assessment, deliver and set up machines, and provide training to city staff on proper usage and troubleshooting. Additionally, the company will offer ongoing maintenance services. Sharp ensures minimal downtime through technical support and repair services to guarantee the City equipment remains fully operational.

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EXHIBIT "B"

SCHEDULE OF SERVICES
Site walk-through to verify power outlets, space for the new copiers, current units, etc.
5-day testing period with trial machine.
• 3-4 day city-wide printer installation. During the install training will be provided with additional training the week after the installation. Training support is ongoing with Sharp.

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EXHIBIT "C"

COMPENSATION
Upland Fleet Model Pricing
MOM====
=©®==
mmmmmmm
m©®==
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EXHIBIT "C"

COMPENSATION
Maintenance Per Image Rate
5M M FIR ConTauretion and Pricine CitvM Bolan tl BFPtor Manxetl Print Services The CPC ser�icerates are inclusive
of all a mables,
antl labor. The re are no
hltltlen lees or
hourl w
osal.

BIV
565 Color
tlma
Mai
'
_
'
_
_
.'
Per Image Fta `
1275 E SAN BERNARDINO

ANIMAL SHELTER
BIZHUB C458
803933
215401
588532

6.335

17.310
Booklet
45ppm Color'
staple, non- Thle --b0000l1,1
klet
BF 50C45
$ 0.0033
$ 0.033
137ONBENSDN

PUBLIC WORKS BACK
ROOM
BIZHUB C458
586897
277126
309471
8,160

9.102
Booklet
45ppm Color
Threeholepunch.
staple, non -booklet
BE
$ 8.8833
$ 8.833
E12HUBC454E
Threeholepunch.
1370 N BENSON
PUBLIC WORKSiFLEET

COPIERIPRINTER
278584
284489
74095
6012

2.179
Booklet
45ppm Color
staple, non -booklet
BP 50C45
$ 08833
$ 0833
1370 N BENSON

PUBLIC WORKSIFFONT
DESK
9I2HUB C458
438836
206784
232052

6.082

6.825
Booklet
olo
45ppm Cr
Three hde punch,
staple. non -booklet
BP 50C45
E 0.0033
$ 0.033
1499 W 13TH ST

DETECTIVE BUREAU
BIZHUB C454E

COPIERIPRINTER
47772
21292
26480
626
779
Booklet
45ppm Color
Threeholepunch,
staple, non -booklet
BF-5OC45
$ 0.0033
$ 0.033
1499 W 13TH ST

POLICE DEPT DISPATCH
BIZHUB C3851F5

COPIERIPRINTER
171311
152144
24561

4.492
723
Desktop Color
Internal5[aple
MX-C383WH
$ 8.8833
$ 8.833

POLICE REPORT WRITING
Threehole punch,
1499 W 13TH ST
ROOM
BIZHUB C458
492182
235395
256787

6.923
7553
Booklet
45ppm Color
staple, non -booklet
BE 50C45
$ 08833
$ 0833
1499 W 13TH ST

RECORDS OWEDLICE
DEFT
BIZHUB C754E

PRINTERICOPIER
2105495
548122
5616]0
16,121
16,520
Booklet
75-85ppm Color
Three hole punch,
staple, non -booklet
MX 8081
$ 0.0033
$ 0.033
1499 W 13TH ST

UPSTAISCDPYROOM
BIZHUB C458
263557
144387
119268

4.247

3.508
Booklet
45ppm Color
Threeholepunch.
stapbooklet
le, non-
BP-50C45
$ 8.8833
$ 8.833
1499 W 13TH ST

WATCH COMMAND
BIZHUB C3351
36402
20485
15917
603
468
Desktop Color
Internal Staple
MX-C303WH
$ 00033
$ 0033
250 N 3RD AVENUE

SENIOR CENTER FRNT
DESK
BIZHUB C458
691331
151528
539803

4.157

15.877
Booklet
45ppm Color
Threeholepunch,
staple, non -booklet
BP-50C45
$ 0.0033
$ 0.033
Threeholepunch,
450 N EUCLID AVE

LIBRARY ADMIN
BIZHUB C458
291866
96278
195588

2.932

5.753
Booklet
45ppm Color
staple, non -booklet
BP58C45
$ 8.8833
$ 8.033
450 N EUCLID AVE

LIBRARY LITERACY
BIZHUB C454E

COPIERIPRINTER
386582
135357
251145
3,981
7�87
Booklet
45ppm Color
Three hde punch,
staple, non -booklet
BE 50C45
$ 08833
$ 0833
450 N EUCLIE AVE

LIBRARY REFERENCE
BIZHUB C3851F5

COPIERIPRINTER
40725
20025
20700
589
609
Internal5[aple
MX-C303WH
$ 0.0033
$ 0.033
450 N EUCLID AVE

LIBRARY TSIEMPLOYEE
AREA
BIZHUB C454E

COPIERIPRINTER
518241
382713
287528

9.983

6.184
Booklet
45ppm Color
Threeholepunch.
staple, non -booklet
BP-50C45
$ 8.8833
$ 8.833
468 N EUCLID AVE

CITY HALL CITY

MANAGER
BIZHUB C3851FS

COPIERIPRINTER
1173M
54132
63208

1.592

1.859
Desktop Color
Internal Staple
MX-C303WH
$ 00033
$ 0033

VON EUCLIE AVE

CITY HALL FINANCE

DIVISION
BIZHUB C454E

COPIERIPRINTER
436322
332918
103404
9,792
3,041
Booklet
45ppm Color
Threeholepunch,
staple, non -booklet
BE 50C45
E 0.0033
$ 0.033
460 N EUCLID AVE

CITY HALL -FINANCE

DIVISION
BIZHUB C454E

COPIERIPRINTER
947896
657197
290399

19.338

8.541
Booklet
45ppm Color
Threeholepunch.
staple, non -booklet
BP-58C45
$ 0.0033
$ 0.033
468 N EUCLID AVE

CITY HALL FINANCE

DIVISIDN
9I2HUB C3851F5

COPIERIPRINTER
258397
163323
95874

4.884

2.796
Desktop Color
Internal Staple
MX-C383WH
$ 8.8833
$ 8.033
468 N EUCLID AVE

CITY HALL CITY CLERK
BEHUB C458
547973
386371
161602

11.364

4.753
Booklet
45ppm Color
Three hde punch.
staple, non -booklet
BE 50C45
$ 08833
$ 0833
460 N EUCLIE AVE

CITY HALL COPY RM
BIZHUB 808 -

MONOCHROME
696435
696435
NA

20.483
Booklet
65-85ppm Color
Three hole punch,
BE 50065
$ 0.0033
$ 0.033
MFP - 80 PPM
staple, non- booklet
460 N EUCLID AVE

DEVELOPMENT

SERVICES
BIZHUB C454E

COPIERIPRINTER
674666
458997
215669

13.588

6.343
Booklet
45ppm Color
Threeholepunch.
staple, non -booklet
BP-50C45
$ 8.8833
$ 8.833

DEVELOPMENT
Threeholepunch,
468 N EUCLID AVE

SERVICES
BIZHUB C458
630254
31795E
312299

9.352

9.185
Booklet
45ppm Color
staple, non -booklet
BP 50C45
$ 08833
$ 0833

VON EUCLIE AVE

DEVELOPMENT

SERVICES
9I2HUB C458
797124
399831
397293

11.760

11.685
Booklet
45ppm Color
Three hde punch.
staple, non -booklet
BE 50C45
E 0.0033
$ 0.033
460 N EUCLID AVE

HE DEPT
BIZHUB C458
582921
319845
263076

9.107

7.738
Booklet
45ppm Color
Thrle,eeholepunch,
stapnon-booklet
BP-50C45
$ 0.0033
$ 0.033
651 W 15TH ST

RECREATION DIVISIDN
BIZHUB C458
15069U
8451]
66156

2.486
046
Booklet
45ppm Color
Three hole punch.
staple, non -booklet
BP 58C45
$ 0.0033
$ 0.033
Total
194,240
158,582
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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.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
❑YES If yes, please identify the Council Member(s):

WlNO

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):

WlNO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.

Date
MCA W�
Signature of authorized individual
Dale Wedge, Branch President
Company/Applicant Name
Sharp Electronics Corporation, through
its Sharp Business Systems, San Diego
Division
(Levine Act definitions on reverse siae)

Page 60 of 313 ends

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.

Page 61 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: STEPHEN PARKER, ASSISTANT CITY MANAGER

TANYA GARCIA, MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ATLAS

PLANNING SOLUTIONS FOR LOCAL HAZARD MITIGATION PLAN (LHMP)

CONSULTING SERVICES
RECOMMENDED ACTION:

It is recommended that the City Council approve a Professional Services Agreement with Atlas Planning Solutions for assistance in updating the City's Local Hazard Mitigation Plan (LHMP); and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of improving local safety responses while using grant funding to supplement local funding sources.

BACKGROUND
California Governor's Office of Emergency Services Hazard Mitigation Branch administers the Hazard Mitigation Grant Program (HMGP) to fund plans and projects that provide an opportunity for communities to implement mitigation activities to reduce risk to life and property from natural hazards.

In November 2021, HMPG released a notice of funding opportunity because of the Presidential Disaster Declaration.

On March 31, 2022, the City applied for $112,500 in HMGP federal funding. On November 21, 2023, the City was awarded $85,427.91 for the FY 23-24 grant cycle.

On May 13, 2024, the City Council accepted the $85,427.91 awarded to the City and acknowledged the requirement of providing $8,997.67 towards the plan to cover the total project cost of $94,425.58.

ISSUES AND ANALYSIS
On April 25, 2024, the City posted a Request for Proposals (RFP) for LHMP Consulting Services. The City also sent the RFP directly to nine qualifying consulting firms. Following the solicitation process, the selection committee of Tanya Garcia, Management Analyst, Stephen Parker, Assistant City Manager, and Klasha Ray, Emergency Services Officer with San Bernardino County, reviewed the two submitted proposals and unanimously selected Atlas Planning Solutions as the most qualified firm to provide LHMP consulting services. The firm has extensive experience in hazard mitigation planning and a proven track record of successfully developing LHMPs for local municipalities including the Cities of Ontario, Rancho Cucamonga, Loma Linda, Colton, and San Bernardino.

Atlas Planning Solutions will undertake a detailed risk assessment, facilitate community engagement, and coordinate with relevant stakeholders to assist the City with the development of a comprehensive LHMP. The scope of work includes data collection, analysis, public meetings, draft preparation, and final submission of the LHMP in compliance with Federal Emergency Management Agency (FEMA) guidelines.

ENVIRONMENTAL DETERMINATION
The proposed action is the selection of a contractor for preparing a plan 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.

Page 62 of 313 ends

FISCAL IMPACTS
The total cost for the services provided by Atlas Planning Solutions will not exceed $59,300, which is budgeted under Project 42031 in Fund 217 (Other Grants).

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

Page 63 of 313 ends

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of July 22nd, 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 Atlas Planning Solutions, a California corporation with its principal place of business at 6578 Barranca Dr. Riverside, CA 92506 (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:

Hazardous Mitigation Plan Consulting Services (hereinafter referred to as "the Project") B. Consultant is duly licensed and has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

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 $59,300. 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 five thousand nine hundred thirty dollars ($5,930). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed sixty-five thousand two hundred thirty dollars $65,230. Any additional work in excess of this amount shall be approved by the City Council.

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3. Additional Work.

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

4. Maintenance of Records.

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

5. Term.

The term of this Agreement shall be from July 22, 2024 to November 21, 2026 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. Comaliance 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.
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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.
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C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

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

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(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. 5

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Evidence Reauired
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.

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Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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

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

12. Indemnification.
a. Consultant shall indemnify (but not defend) and hold the City, its officials, officers, employees, and authorized 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 relating to the negligent 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 7

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but only to the extent allowed by California Civil Code § 2782.8. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers."
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

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

C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility 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

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any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

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

15. Reserved.

16. Laws and Venue.

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

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

19. Organization
Consultant shall assign Aaron Pfannenstiel as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 9

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above.

20. Limitation of Aareement.

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

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

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:

Atla Planning Solutions
6578 Barranca Drive
Riverside, CA 92506
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

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

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

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal. 10

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

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

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

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

31. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND ATLAS PLANNING SOLUTIONS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND
Approved By.

ATLAS PLANNING SOLUTIONS
By:

Stephen Parker for Michael Blay
City Manager Its:

Attested by:

By:

Keri Johnson
City Clerk
Approved as to form:

By:

Stephen Deitsch
City Attorney
Printed Name:
la
Its:

Printed Name:
12

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EXHIBIT A
Scope of Services

1. Review the current City of Upland Local Hazard Mitigation Plan to understand current plan, changes needed to meet current FEMA standards and requirements, and any changes in hazard analysis that may be needed.

2. Develop a process/guideline in accordance with the FEMA 2024 Local Hazard Mitigation Planning (LHMP) Guidance document and Crosswalk and amendments.

3. For each participant, document a Point of Contact (the primary person responsible for completing the 2024 HMP update for their department). Additionally, document the identification and contact information for each participant's Planning Team. This information shall be shared with the City of Upland other departments/Office of Emergency Management Program.

4. Develop a template for the new elements of the 2024 Update based on the 2016 HMP format.

5. Develop a work schedule/timeline for Plan participants in accordance with the 2022 NIMS schedule and the FEMA LHMP guidance document taking into consideration the following phased/staggered approach for review and completion.
a. City EMP and Consultant will coordinate submittal process to ensure the plan is in accordance with the FEMA LHMP guidance document and the timeline outlined above.

6. Using the FEMA LHMP guidance document, develop a process, tools and systems to ensure that City Department and Partners will update their HMP to include at a minimum, public input/involvement, identification of hazards, development of a comprehensive risk/vulnerability assessment, identification of mitigation goals and strategies, climate change mitigation strategies and planning and plan implementation.
a. Create a common password protected Dropbox on the internet to allow City Department and Partners to share and submit documents, plans, and other materials.

7. During the 2024 Update, ensure that each City Department and Partners will update and build upon the 2016 Plan while following the FEMA HMP Crosswalk to include:
a. Hazard Profiles and Historical Data;
b. Asset Information;
C. Vulnerability analysis (to include population and residential structures, critical facilities and identification of repetitive loss properties); d. Mitigation Strategies (provide sample strategies, objectives/goals); e. Capability Assessment:
f. Plan Maintenance procedures to reflect a realistic approach/process; g. Draft Action Plan and implementation to ensure the updated HMP is used to its fullest capacity, while at the same time identify and address deficiencies; and 13

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h. Develop language for all City Department and Partners to include in their HMPs to mitigate the impacts of climate change into eligible Hazard Mitigation Assistance (HMA) funded risk reduction activities by providing guidance on Climate Resilient Mitigation Activities. Areas of climate change may be:

1. Green infrastructure methods;

2. Expanded ecosystem service benefits;

3. Three flood reduction and drought mitigation activities:
a. Aquifer Storage and Recovery (ASR)
b. Floodplain and Stream Restoration (FSR), and
C. Flood Diversion and Storage (FDS)
i. Include terrorism related risks/analysis as needed Climate Resilient Mitigation Activities should be taken from the appropriate FEMA guidance documents and information currently available from FEMA to use in developing eligible HMA project applications that leverage risk reduction actions and increase resilience to the impacts of climate change.

8. Using HAZARDOUS data that is already available to City Departments, Partners and Special Districts, provide GIS mapping products/tools for the City. Recommend other plans/tools that already exist to support the HMP update process.

9. Ensure that all City Department and Partners are able to self -evaluate their progress since the 2016 Plan:
a. Were mitigation projects implemented — why or why not? b. Did the jurisdiction reduce risks?
C. Is there proof of loss avoidance?

10. Facilitate regularly scheduled conference calls, meetings and/or workshops for the participants, including a kickoff workshop to be conducted as soon as possible.

11. Review updates to ensure compliance with the FEMA LHMP guidance document and provide feedback to jurisdictions.

12. Review final Plan submittals prior to submitting to Cal OES and FEMA.

13. Upon review by Cal OES and FEMA, coordinate any corrections with the appropriate jurisdiction per Cal OES and FEMA direction and recommendations.

14. Develop an Executive Summary of the entire 2024 Update process.

15. Performance period 07/22/2024 through 11/21/2026. The performance period includes adequate time for review and approval by Cal OES and FEMA, revisions by the participants if necessary, and approval by the local jurisdiction.

16. The deliverable timelines will be established between the awarded vendor and City of Upland upon award.
14

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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.

Local Hazard Mitigation Plan
Proposer's All -Inclusive Fee
(including reimbursable expenses, such as
travel costs, printing costs, etc.)
Proposed Man Hours for Services
(including estimated man hours for agency(ies) reviews) Proposed Schedule for Services
(including estimated agency(ies) reviews)
$ 59.300
350
Man Hours
Weeks
The following detailed cost breakdown includes workplan tasks broken down by staff hours. This estimate is based on our understanding of the City's needs and FEMA requirements. If any of our assumptions are incorrect or City staff would like to revisit them. the APS Team welcomes discussion and revision if desired.
v
Total
Task Nam
¢
�i
w
Ae
r
o
J°
Fees
Phase 1: Hazard Mitigation Planning Organization and Process $ 250
40 $ 160
2 $ 180
2 $ 150
14 $ 140
32 $ 175
0 $ 140
20 $MO60
Project Kick-0If Meeting and Research
4 2
2 4
4 $2,780
(HMPCidentification, Stakeholder ldentilim ion)
HMPCMeetings(2)
a
4 8
4 $4,280
Community En a ement Strategy/Content
4 2
a
8 $3,640
Stakeholder Meetin s
12 6
6 $4,680
Community Workshops
12 G.
6 $4,680
:r
Ha Lard Identification, Ha Ldrd PrufileS, and Mapping
21 21
81 41
1 1 12
$4,540
Vulnerability Assessment and Assetlnventory
1 21
1 161
41 41
1 4
$5,100
Cepahilities Assessment
21 2
8 8
$3,340
r
26 r
r
$9,%0
Develop Hazard Mitigation Goals
2 2
2 $1,140
Develop, Evaluate and Prioritise Mitigation Actions
2 2
8 8
$3,140
Mitigation Actions Implementation Plan
2 2
a
8 $3,140
Update of Monitoiriny, and Implemenation Workbook
2 2
4 8
S2,540
Ph ase 4: Hazard Mitigation Pi an Implementation and Ma Inte na rice Prooess Administrative Draft LHMP
Phase 5: Hazard Mitigation Plan Approvals and Adoption
2 21
32 4
tl
6 2
21 2
4 41
8 16
161
24 4
4 4
8 8
4 $6,10
$6,1G0
%Q •r
Public Review Draft LHMP and Revisions
4 2
2 4
8 2
4 $4,310
Preparation of Cal OESIFEMA Draft LHMP
2 2
2 8
2 $2,590
Final Draft LHMP
2 2
2 4
$1,680
Adoption Hearing
4 4
$1,550
Gran dTotal
68 22
32 54
102
16 56
$59,300
To simplify billing and reimbursement from FEMA (if the City is using a grant to support this project), the APS Team has incorporated costs associated with reimbursable expenses such as travel costs, printing costs, and mailing into the billing rates included in the proposed fee. 15

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Phase 1: Hazard Mitigation PlanningOrganlzatl0n
and Process
Phase 2: Risk Assessment
Phase 3: Hazard Mitigation Strategy
Phase 4: Hazard Mitlgatlon Plan Implementation and
Mal ntenance Process
Phase 5: Hazard Mitigation Plan Approvals and

EXHIBIT D
Federal Requirements
Applicable Federal, State, and Local Laws and Regulations.

The Consultant must comply with all applicable Federal, State, and Local laws and regulations. The Consultant is required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 302.

2. Debarred and Suspended Parties.

The Consultant must not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. 17

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4 OF Upt9

XNO

XNO
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. 7/11 /2024
Date
Signature auth d individual
Atlas Planning Solutions I Aaron Pfannenstiel
Company/Applicant Name
(Levine Act definitions on reverse side)

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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.

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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

ED DIGGS, INTERIM UTILITY MANAGER
SUBJECT: CONSIDER APPROVAL OF FY 2024/25 BLANKET PURCHASE ORDERS FOR PUBLIC

WORKS UTILITIES DIVISION
RECOMMENDED ACTION:

It is recommended that the City Council approve purchase orders for Fiscal Year 2024/25 with various vendors for the Public Works Utilities Division.

GOAL STATEMENT
The proposed action supports the City's goal of to maintain asset protection and management that ensures the infrastructure is effectively renewed, replaced, and maintained.

BACKGROUND
The Public Works Department maintains a wide range of City infrastructure including, but not limited to streets, sidewalks, parks, park playground structures, park lighting, park restroom facilities, citywide signage, trees, water, and sewer lines, 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 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 BPOs in the amounts requested 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 the following vendor BPOs to ensure citywide operational efficiency and continuity.

Section 6 of the City's Purchasing Policy outlines "Purchasing Exemptions". This includes purchases that are not readily adaptable to the informal and formal bidding process. These purchases are generally for items where the competitive bid process is not applicable or where a check is required to accompany the order, which include "General Supply Stores". The following vendors meet the requirements of a "General Supply Store" and staff are requesting approval of a BPO for these vendors.
• Holliday Rock Co. Inc.: Holliday Rock is a reliable, dependable supply company who provides the necessary road materials for our water departments operations. They are able to provide us with quick service and materials are readily available. The company is conveniently located at 1499 N. Benson Ave., across from the Public Works facility, and provides efficient delivery of materials.

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• Holliday Rock Trucking: This BPO is for lease payments for land that City Well 15 is located on, property owned by Holliday Trucking, Inc. City Well 15 is one of the City's most important groundwater resources, consistently producing 1600 to 1900 gallons per minute of drinking water. • Hubbell Lenoir City, Inc.: This vendor offers meter lids, boxes, and vaults pertaining to our City specifications.
• Jones Chemical Incorporated (JCI): Used to provide potable water that meets all State and Federal Drinking Water Standards. Gas chlorine is used as a major disinfectant for City, West End Water Company, and San Antonio Water Company well sources to maintain adequate mandated chlorination within the City's water distribution system.
• Matt Chlor Inc.: Accu-Tab calcium hypochlorite tablets are used as a disinfectant, and chlorine regulators are used to control the injection of chlorine gas into the City water supply for City well sources to maintain adequate mandated chlorination within the City's water distribution system. A preventative maintenance schedule is required to prevent regulator or injector failure. Matt-Chlor Inc, is a distributor of Accu-Tab,

12.5% sodium hypochlorite, and provides maintenance services for chlorine regulators and injectors. • S & J Supply Company, Inc.: S&J Supply is a wholesale waterworks distributor located in Southern California, with facilities in Santa Fe Springs and Temecula. S&J Supply has been supplying pipeline materials to the City for over ten years, and Southern California municipalities and the construction industry since 1987.

Section 6 also addresses "Purchasing Exemptions" for payments to "Other Governmental Agencies" and "Utilities".

The following vendors meet the requirements of a "Other Governmental Agencies" or "Utilities" and staff are requesting approval of a BPO for these vendors.

Chino Basin Watermaster: The City of Upland owns production rights in the Chino Basin Groundwater Basin and accounts for approximately 11% of the City's water supply annually. The Chino Basin is one of the largest groundwater basins in Southern California and covers about 230 square miles of the upper Santa Ana River Watershed. Chino Basin Watermaster levies assessments upon agencies that have entitlements to water in the basin, which are used for replenishment costs and to ensure fair and equitable treatment for all agencies who have access to Chino Basin entitlements.

Inland Empire Utility Agency (IEUA): IEUA provides water (imported and recycled water) services and wastewater treatment services to seven cities in the Inland Empire: Chino, Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga, and Upland. Under federal and state law, and the Regional Sewer Service Contract, Inland Empire Utilities Agency is under a legal obligation to provide service for sewer treatment, disposal, conveyance, the purchase of recycled water for direct use and ground water recharge. These regulations ensure that the IEUA is able to meet wastewater discharge requirements for the operation and the provision of such services.

San Antonio Water Company (SAWCo): The San Antonio Water Company is a non-profit mutual water company providing water to its shareholders and the City of Upland is its largest shareholder, owning approximately 70% of the total SAWCo shares. This allows the City to purchase water supplies through SAWCo various water sources including groundwater from the Cucamonga, Chino and Six Basins; and Canyon water through the Cities San Antonio Water Treatment Plant. It is a very important source of supply accounting for approximately 45% of the Cities total water supply.

SWRCB: Under federal and state law, the State Water Resources Control Board has legal authority to enforce the provisions of the Federal National Pollutant Discharge Elimination System (NPDES) regulations and additional requirements of the Clean Water Act that local jurisdictions must comply with.

Water Facilities Authority: The Water Facilities Authority is a Joint Powers Authority governed by its member agencies: Chino, Chino Hills, Monte Vista Water District, Ontario, and Upland. Its service area covers approximately 135 square miles within the upper Santa Ana River watershed. The WFA owns and operates a surface water treatment plant called Agua de Lejos Treatment Plant, which began operations in 1988 and is located in the City of Upland. This treatment plant treats imported water supplies, primarily state project water, purchased from Metropolitan Water District to supplement local groundwater supplies.

Imported Water from the WFA account for approximately 27% of the City's annual total water supply.

West End Consolidated Water Company (WECWC): The City of Upland owns approximately 91% of the total WECWC shares, and accounts for approximately 12% of the City's total annual water supply. This allows the City to purchase water supplies through WECWC various water sources including groundwater from the Cucamonga, Chino and Six Basins.

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Section 11.3 of the City's Purchasing Policy outlines sole source procurements. In this section, commodities, and services, which can be obtained from only one vendor are exempt from competition bidding. Sole source purchases may include proprietary items sold directly from the manufacture; items that have only one distributor authorized to sell in this area; or a certain product that has been proven to be the only product acceptable (including items that the City has standardized upon). The City has standardized the following vendors' equipment, and/or services and staff is requesting approval of a BPO for these vendors as sole source vendors. • Badger Meter: Software support for the Badger Meters Beacon AMI software. The City of Upland currently uses a large number of Badger meters to register the amount of water used throughout commercial and residential services.
• Blue -White: After extensive research and consultation with our regional mutual aid partners, it has become evident that standardizing equipment across neighboring jurisdictions is advantageous. By aligning our equipment choices with those of our mutual aid partners (Cucamonga Valley Water District, San Antonio Water Co, and Inland Empire Utilities Agency), we can streamline resource allocation during emergencies, leverage shared operational knowledge, and facilitate training opportunities. • Ferguson Enterprises, LLC: Ferguson distributes Neptune meters which are a more cost-efficient meter to register the amount of water used throughout commercial and residential services while still maintaining and adhering to City water meter specification.
• Metron Farnier, LLC: The City has standardized on Metron-Farmer for meter registers, which uses a cellular network to obtain meter data wirelessly. On October 25, 2021, the City Council approved a purchase order for Metron-Farnier and the new meters have provided the City with 100% signal reliability and no dead spots.

ENVIRONMENTAL DETERMINATION
These Blanket Purchase Orders are not considered a project under the California Environmental Quality Act (CEQA) and are Exempt from CEQA.

FISCAL IMPACTS
Funding for each of the Blanket Purchase Orders requested is already included in the approved Fiscal Year 2024-25 operating budget. Total allocations for the following vendors are shown below:

Chino Basin Watermaster
$307,000
Inland Empire Utility Agency (IEUA)
$10,365,100
San Antonio Water CO
$3,818,350
SWRCB
$161,850
Water Facilities Authority
$8,892,500
West End Consolidated Water CO
$755,000
Holliday Rock Co. INC
$50,000
Holliday Rock Trucking
$75,000
Hubbell Lenoir City, INC
$80,000
Jones Chemical Incorporated (JCI)
$60,000
Matt Chlor INC
$74,000
S & J Supply Company, INC.
$452,400
Badger Meter
$70,000
Blue -White
$60,000
Ferguson Enterprises, LLC
$300,000
Metron Farnier, LLC
$700,000

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

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oV 77pt
C�tIFOB�S
'FU P LA N D
The City of Gracious Living"
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
SUBJECT: CONSIDER APPROVAL OF A MAINTENANCE SERVICES CONTRACT FOR ON -CALL CONCRETE PAVEMENT SERVICES.

RECOMMENDED ACTION:

It is recommended that the City Council approve a Maintenance Services Agreement with T.S.R. Concrete & Inspection, Inc. for an On -Call Concrete Pavement Repairs and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of providing a high quality of life by assuring that all the City's sidewalks, curbs & gutters, driveway approaches, spandrels, cross gutters, rock cobble curbs and ADA compliant wheelchair ramps and routine concrete special projects / repairs are restored as soon as feasibly possible to proper right-of-way conditions.

BACKGROUND
The City of Upland has 480 miles of sidewalks and curbs & gutters. Concrete maintenance tasks also include the following, driveway approaches, spandrels, cross gutters, rock cobble curbs, and installation of ADA compliant wheelchair ramps. The Operations Division performs and/or oversees the routine maintenance of all aforementioned related items. Public Works Operations receives approximately 200 concrete work order requests per year. City staff ramps and/or grinds approximately 150-175 sidewalk locations per year but has a backlog and delays in addressing concrete service order requests due to staffing challenges. Staff also receives approximately 20 requests annually related to interdepartmental concrete special projects.

The On -Call Concrete Repair Contract will augment the in-house staff operations and benefit our sidewalks, curbs & gutters, and routine concrete special project maintenance program. This will offer the option for more efficient and effective concrete repairs throughout the city and will also provide the flexibility of utilizing the contractor for concrete special project services on an as -needed basis, benefiting our overall maintenance program.

ISSUES AND ANALYSIS
Staff prepared an On -Call Concrete Pavement Repairs request for proposals (RFP), seeking the services of a concrete pavement repair Contractor who specializes in providing concrete repairs, and miscellaneous services billed on a line- item/quantity basis. On April 1, 2024, the RFP for On -Call Concrete Pavement Repairs went out to qualified Contractors asking bidders to provide a line -item quote. On May 1, 2024, three proposals were received from concrete Contractors. Staff analyzed the bid information and confirmed that T.S.R. Construction & Inspection, Inc. offered more competitive pricing on 35 out of the 47 total line items. As a result, the City confirmed that T.S.R. Construction & Inspection, Inc. is the lowest responsible and responsive bidder.

If approved, the initial term of this agreement would be for two (2) years and three (3) optional one-year extensions.

BIDDER

LOWEST BID ITEMS
TSR Construction & Inspection, Inc.
35 of 47
D.M. Contracting, Inc.
1 of 47
Gentry General
11 of 47

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ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of CEQA Guidelines. The project involves repair, maintenance, and retrofit of existing public facilities, and does not involve any expansion of use beyond that which exists.

FISCAL IMPACTS
The contract is written to not exceed the annual budgeted itemized for on -call concrete pavement repair services, so no additional appropriations are required. If approved, funds will be allocated in the General Fund, Gas Tax and/or Measure I budget for the remaining years.

ALTERNATIVES
Provide alternative direction to staff.

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

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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

ON -CALL CONCRETE PAVEMENT REPAIR SERVICES
PARTIES AND DATE.

This Agreement is made and entered into this 12th day of August, 2024 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and T.S.R. Construction & Inspection, Inc., a California Corporation, with its principal place of business at 8264 Avenida Leon, Rancho Cucamonga, CA, 91730 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

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

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

2.2 Project.

City desires to engage Contractor to render such services for the On -Call Concrete Pavement Repairs Project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from September 1, 2024 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew / extend this Agreement automatically for no more than three (3) additional one-year (1) terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. -1-

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City's Representative. The City hereby designates Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.5 Contractor's Representative. Contractor hereby designates the Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (such as "Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
-2-

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

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

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").

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

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations. -3-

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3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

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

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

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

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

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for -4-

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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

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

3.2.11 Insurance.

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

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
-5-

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

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

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section -6-

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different -7-

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scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

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

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

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

3.2.13 Bonds.

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

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

3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are -8-

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

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

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

3.2.15 Work Site.

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

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

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

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the -9-

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total annual compensation shall vary, subject to City Council approval of the annual budget itemized for On - Call Concrete Pavement Repair Services, including routine services as well as Additional Extra Work, which may be authorized, as described below.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the -10-

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City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et sec., and 1770, et sec.., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

3.3.8 Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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

3.5 General Provisions.

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

Contractor:

City:

T.S.R. Construction & Inspection, Inc.
8264 Avenida Leon
Rancho Cucamonga, CA, 91730
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
With Copy To:

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

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City. -12-

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

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

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays.

All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. -13-

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

3.5.11 No Third -Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

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

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

3.5.18 Fleet Compliance.

3.5.18.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). A Fleet Compliance Certification Form is attached hereto as Exhibit "C" and incorporated herein by this reference.

3.5.18.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the -14-

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Contractor is required to produce, keep, or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City.

3.5.18.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and authorized volunteers free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND T.S.R. CONSTRUCTION & INSPECTION, INC.

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

CITY OF UPLAND T.S.R. CONSTRUCTION & INSPECTION, INC.

APPROVED BY:

By:

STEPHEN PARKER FOR MICHAEL BLAY,

CITY MANAGER
Its: President
ATTESTED BY:

KERI JOHNSON,
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
Printed Name: Gabriel Zaairtan
in
Its: Secretary
Printed Name: Gabriel Zaoirtan
881123
Contractor's License Number
1000014389
DIR Registration Number
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EXHIBIT A

SCOPE OF SERVICES
The City of Upland has a need for on -call services for routine concrete sidewalk and curb & gutter repair and is soliciting proposals from qualified paving contractors for "On -call Concrete Pavement Repairs".

The city is divided into sixteen (16) grids, with four (4) grids within each council district. City staff will develop the list of locations in need of repair within a minimum of four (4) grids and a maximum of eight (8) grids on a semi-annual basis and will share these locations with the contractor. The list of locations shall include all four council districts however every effort will be made to keep the work in each district within a reasonable central location. The city shall share this list with the contractor and the work will then be scheduled by mutual agreement and be completed with the time agreed upon for each specific item of work. Failure to promptly respond or to complete the work in a timely manner shall give cause for termination of this agreement at the City's sole discretion.

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EXHIBIT B
BONDS
A Payment Bond and a Performance Bond, each in the amount of Five Hundred Thousand Dollars, are required and shall be renewed annually.

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EXHIBIT C

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:

X_ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
❑ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ❑ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third -party correspondence or vendor bids).
❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18).

Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ❑ The Fleet does not fall under the Regulation or are otherwise exempted, and a detailed reasoning is attached hereto.

Name of Bidder: T.S.R. CONSTRUCTION & INSPECTION, INC.

Signature: cz
Name: GABRIEL ZAPIRTAN
Title: PRESIDENT
Date: AUGUST 12. 2024

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EXHIBIT D

COMPENSATION
Quantity Ranges — Remove and Reconstruct 8" PCC Curb only, Type A-1.

Cost per linear foot for removal and replacement of 8-inch curb only as requested.

Linear Ft. per
Work Location
Proposal
Unit Price/LF
10-100
$80
101-250
$70
251-500
$60
501-1,000
$60
Quantity Ranges — Remove and Reconstruct 8" Curb with 12" Gutter.

Cost per linear foot for removal and replacement of curb and gutter with a curb face of 8"-10" and a gutter width of 12" as requested.

Linear Ft. per
Work Location
Proposal
Unit Price/LF
10-100
$90
101-500
$90
501-1,000
$80
1,001-2,500
$80
Quantity Ranges — Remove and Reconstruct 8" Curb with 18" Gutter.

Cost per linear foot for removal and replacement of curb and gutter with a curb face of 8"-10" and a gutter width of 18" as requested.

Linear Ft. per
Work Location
Proposal
Unit Price/LF
10-100
$90
101-500
$90
501-1,000
$90
1,001-2,500
$80

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Quantity Ranges — Remove and Reconstruct 8" Curb with 24" Gutter.

Cost per linear foot for removal and replacement of curb and gutter with a curb face of 8"-10" and a gutter width of 24" as requested.

Linear Ft. per
Work Location
Proposal
Unit Price/LF
10-100
$90
101-500
$90
501-1,000
$90
1, 001-2, 500
$90
Quantity Ranges — Remove and Reconstruct existing 8" Rock Curb only.

Cost per linear foot for removal and replacement of 8-inch rock curb only as requested.

Linear Ft. per
Work Location
Proposal
Unit Price/LF
10-100
$130
101-250
$130
251-500
$120
Quantity Ranges — Remove and Reconstruct existing 8" Rock Curb and Gutter.

Cost per linear foot for removal and replacement of rock curb and gutter with a curb face of 8"-12" and a gutter width of 18" as requested.

Linear Ft. per
Work Location
Proposal
Unit Price/LF
10-100
$140
101-250
$140
251-500
$140

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Quantity Ranges — Remove and Replace 4" Thick Sidewalk.

Cost per square foot for removal and replacement of 4-inch-thick PCC sidewalk as requested.

Square Ft. per
Work Location
Proposal
Unit Price/S.F.
10-100
$17
101-500
$16
501-1,000
$15
1,001-2,500
$15
Quantity Ranges — Remove and Replace 6" Thick PCC Sidewalk.

Cost per square foot for removal and replacement of 6-inch-thick PCC sidewalk as requested.

Square Ft. per
Work Location
Proposal
Unit Price/S.F.
10-100
$22
101-500
$20
501-1,000
$18
1,001-2,500
$18
Quantity Ranges — Remove and Replace existing 6" Thick PCC Residential Driveway Approach.

Cost per square foot for removal and replacement of 6-inch-thick PCC residential driveway approach as requested.

Square Ft. per
Work Location
Proposal
Unit Price/SF
25-100
$25
101-500
$25
501-1,000
$20

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Quantity Ranges — Remove and Replace existing 8" Thick PCC Spandrel / Cross Gutter.

Cost per sq. ft. for removal and replacement of 8-inch-thick PCC Spandrel / Cross Gutter.

Square Ft. per
Work Location
Proposal
Unit Price/SF
25-100
$80
101-500
$75
501-1,000
$70
Quantity Ranges — Remove and Replace existing Handicap Access Ramp.

Cost per square foot for removal and replacement of a 4-inch-thick handicap access ramp including truncated domes and curb replacement as requested.

Square Ft. per
Work Location
Proposal
Unit Price/SF
50-250
$50
251-750
$45
751-1,500
$40
Quantity Ranges — Remove and Replace existing 4-inch Thick AC Pavement.

Cost per square foot for saw -cut, removal, and replacement of 4-inch-thick AC Pavement.

Square Ft. per
Work Location
Proposal
Unit Price/SF
10-100
$15
101-500
$13
501-2,000
$10

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Upland City CouncilAugust 12, 2024

Upland City Council
August 12, 2024