Upland City Council
May 9, 2022

U P L A N D C I T Y C O U N C I L

A G E N D A
M a y 9 , 2 0 2 2
C a rn e gi e B u i l di n g, 1 2 3 E a st D S tre e t

B I L L V E L T O, M A Y O R

S H A N N A N M A U S T, M A Y O R P R O T E M

J A N I C E E L L I O T T, C O U N C I L M E M B E R
C A R L O S A . G A R C I A , C O U N C I L M E M B E R

R U D Y Z U N I G A , C O U N C I L M E M B E R

M I C H A E L B L A Y , C I T Y M A N A G E R
S T E P H E N P . D E I T S C H , C I T Y A T T O R N E Y

D I S R U P T I O N O F M E E T I N G S
I n d ivid uals wh o d em onstrate d isru p tive cond uct d urin g C ity C ou ncil m eetin g s th at p revent th e C ity C oun cil from cond ucting its m eeting in an ord erly m ann er are g u ilty of a m isd em ean or as stated in P C 40 3, d isru p tin g a p ub lic m eeting , and are sub ject to rem oval from th e ch am b er or arrest.
* * * * * * * * * * * *
6 :3 0 P M - C losed S ession

1.C A L L T O O R D E R A N D R O L L C A L L

2.A D D I T I O N S -D E L E T I O N S T O A G E N D A

3.O R A L C O M M U N I C A T I O N S
T his is a tim e for an y citizen to c om m en t on it em l is ted on th e cl osed session ag end a on ly. A n yon e wish in g to ad d ress t he leg is lat ive b od y is req u est ed to sub m it a sp eaker card t o th e C ity C l erk at or p rior to sp eaking . T h e sp eakers are req u ested to keep th eir com m en ts to n o m ore t h an th ree (3 ) m inu tes. Th e use of visu al aid s w ill b e in clud ed in the tim e lim it.

4.C L O S E D S E S S I O N

A .C LO S E D S E S S I O N C O N F E R E N C E W I T H L A B O R N E G OT I A TO R S G overn m en t C od e S ection 54 95 7.6

A g ency D esig n ated
Rep resen tatives:

C ity M anag er M ichael B lay, A ssistant
C ity M anag er S tep hen Parker, and
H um an Res ou rces /R i sk M an ag er Terry
D oyle
E m p loyee org an ization: U p land M id -M an ag em ent A ssociation , U p land C ity E m p loyees A ssociation ,
U p land Poli ce O ffic ers A ssociation, and
U p land Police M anag em en t A ssociation
* * * * * * * * * * * *
7:00 P M

5.I N V O C A T I O N
M ike I ng ram , C h ristian S cien ce Faith

6.P L E D G E O F A L L E G I A N C E

7.P R E S E N T A T I O N S
C ertificate of Recog nition to O fficer Teag ue for exem p lary work as a school resou rce officer
P resentation of C erti fic ates of C om p letion to t h e U p l and C om m u nity E m erg ency Resp on se Team (C E R T)

8.C I T Y A T T O R N E Y

9.O R A L C O M M U N I C A T I O N S
T his i s a t im e for an y ci ti zen t o com m ent on an y it em li st ed or n ot li st ed on th e ag end a. A nyon e wi sh in g to ad d res s the leg islat ive b od y i s req u es ted t o su b m it a sp eaker card t o th e C i ty C lerk at or p rior to s p eaki n g . T h e sp eakers are req u ested t o keep th eir com m en ts to no m ore t h an three (3) m in u t es. S p eakers will b e g iven fi ve (5 ) m inu tes d u ri n g p ub lic h eari ng s. T h e use of visu al ai d s will b e i n c lu d ed in th e t im e li m i t. P ub li c com m ents an d q u est ion s for t h e p urp ose of h earing curren t m at ters of con cern in ou r com m u n i ty an d to p rovid e c it izen s a m eth od for th e p ub li c to h ear th ose con cerns in an op en ven u e is encourag ed .

H owever, u n d er t he p rovisions of t he B rown A ct , th e C ity C ou n c il is p rohib ited from d iscu ssion of it em s n ot listed on t he ag end a, and th erefore, th e C ity C oun cil, C ity M an ag er, or C it y A tt orn ey w il l t ake com m u n i cat ion s un d er ad visem en t for consid eration an d ap p rop riate resp on s e or d i sc u s si on at a later tim e.

10.C O N S E N T C A L E N D A R
A ll m at ters list ed u n d er th e C onsent C al en d ar are c on s id ered t o b e rou ti ne and will b e en act ed b y on e roll call vot e. T h ere w i ll b e no sep arat e d is cu ss ion of these i tem s u n l ess m em b ers of t h e l eg i sl ati ve b od y req uest sp ecific item s b e rem oved from th e C on sen t C alen d ar for sep arate action.

A .A P P R O V A L O F M I N U T E S
A p p rove t he Reg u lar M eeti n g M in u t es of A p ril 25 , 2 02 2. (S taff Person :

Keri J oh nson)
B.2 N D R E A D I N G O F O R D I N A N C E 1 96 0 A D O P T I N G A P O L I C Y F O R T H E

U S E O F M I L I TA RY E Q U I P M E N T B Y T H E U P L A N D P O L I C E D E PA RT M E N T P U R S U A N T TO A S S E M B LY B I L L 48 1
H old sec on d read i n g b y n u m b er an d ti tl e on ly, w aive furth er read in g , and ad op t O rd in an c e N o. 19 60 ad op t in g a p olicy for t he u s e of m ilitary eq u ip m en t b y t h e U p l and Police D ep artm en t p u rs u an t t o A ssem b ly B ill 48 1. (S taff Person : M arcelo B lanco)
C .2 N D R E A D I N G O F O R D I N A N C E 19 61 A M E N D I N G T H E H I S TO R I C

D O W N TO W N U P L A N D S P E C I F I C P L A N A N D E N V I R O N M E N TA L A S S E S S M E N T R E V I E W N O. 21 -00 09 TO M O D I F Y TA B L E 5-1 (P E R M I TT E D L A N D U S E S ) A N D A L LO W “M U LT I -F A M I LY R E S I D E N T I A L”

A S A P E R M I TT E D U S E O N T H E G R O U N D F LO O R U N D E R T H E F I R S T A V E N U E O V E R L A Y A R E A O F T H E O L D TO W N A N D E U C L I D D I S T R I C T S.

H old sec on d read i n g b y n u m b er an d ti tl e on ly, w aive furth er read in g , and ad op t O rd in ance N o. 1 96 1 am en d i ng t h e H ist oric D ow n t ow n U p land S p ecific P l an Tab le 5-1 (Perm i tt ed L and U ses) an d allow in g “M u lti-Fam ily Resid en tial” as a p erm it ted u s e on t h e g rou nd floor w it hin t he F irst Avenu e O verlay A rea un d er th e O ld Tow n an d E u cl id D is tric ts . (S t aff Person :

Rob ert D alq u est)
D.A P P O I N T M E N T TO T H E F I N A N C E C O M M I TT E E Ratify the ap p oin tm ent of C arl B u n c h to th e F in an c e C om m it tee, term to exp ire in D ecem b er 2 02 2. (S taff Person : Keri J oh nson) E .C O N S I D E R A P P R O V A L O F A H O U S E H O L D H A Z A R D O U S W A S T E

C O L L E C T I O N A G R E E M E N T W I T H T H E C O U N T Y O F S A N B E R N A R D I N O F I R E P R OT E C T I O N D I S T R I C T.

A p p rove a H ous ehol d H azard ou s Waste C ollect ion A g reem en t w it h th e S an B ernard ino C oun ty F ire D ep artm en t H ou seh old H azard ou s W ast e D ivision ; and au th ori ze t h e C it y M an ag er to exec u t e th e ag reem en t. (S taff Person :

B rad en Yu)
F.H O M E L A N D S E C U R I T Y G R A N T P R O J E C T - H S G P 2 02 0 A ccep t th e F is cal Year 20 20 H om elan d S ec u rit y G ran t fun d s i n th e am ou nt of $24 ,41 1 an d au th ori ze t he ap p rop riation of $24 ,41 1 t o p u rchase eq u ip m en t an d Ru sh tactical b ackp acks. (S taff Person : M arcelo B lanco) G .C O N S I D E R A P P R O V A L O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H S I D E PA T H , I N C . F O R T H E U P D A T E A N D R E P L A C E M E N T O F

V I R T U A L S E R V E R E N V I R O N M E N T
A p p rove an ag reem en t w ith S i d ep ath , I n c . un d er t he N ati on al A ssociation of S tat e P roc urem en t O ffic ial s (N A S P O ) Val uep oin t coop erat ive ag reem ent, C on tract N o. M N W N C-10 8 to p rovi d e contract servic es for th e p rocu rem ent, d esi g n , an d im p l em en tat ion of an u p d ated virtu al server environ m en t in t h e am oun t of $4 87 ,72 5.0 9; an d authorize t h e C ity M an ag er to execute th e ag reem en t. (S taff Person : S tep h en Parker) H .C O N S I D E R A P P R O V A L O F A C O N T R A C T F O R T H E P R O C U R E M E N T O F

S H A D E S T R U C T U R E S F O R C I T Y PA R K S A p p rove a cont ract for t h e p rocu rem ent an d i n s tal lat ion of t w o m etal shad e stru ctures at M ag n oli a Park in th e am ou nt of $23 0,5 13 .95 (cos t p lu s 5 % con ting ency); an d au th orize th e C ity M an ag er to execu te the con tract and p rovid e a 50 % d ep osit to th e vend or. (S taff Person : S tep h en Parker) I .D E C L A R I N G R E A L P R O P E R T Y O W N E D B Y T H E C I T Y, C O M M O N LY K N O W N A S A 6 50 S Q U A R E F O OT P O RT I O N O F T H E P R O P E RT Y W I T H A S S E S S O R 'S PA R C E L N U M B E R 10 46 -59 2-2 4, I S E X E M P T S U R P L U S

L A N D

A d op t a Resolu tion d ec larin g p ursu ant to G overn m en t C od e section 54 22 1(f )(1)(B ) that real p rop erty ow ned b y the C ity, com m on ly known as a 6 5 0 sq u are foot p ort ion of th e p rop erty wi th A ssessor’s Parcel N um b er 10 46 -59 2-2 4 is exem p t s urp l us lan d t o b e sold t o th e ow ner of con tig u ous lan d at 1 01 N . 2 n d Aven u e in U p land ; an d find that th e foreg oing actions are exem p t from en vironm ent al review u n d er th e C alifornia E nviron m en tal Q uality A ct. (S taff Person : Rob ert D alq u est)
J.C O N S I D E R A P P R O V A L O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H B A I R D + D R I S K E L L C O M M U N I T Y P L A N N I N G , TO C R E A T E A N

A C C E S S O R Y DW E L L I N G U N I T (A D U ) W O R K B O O K , W E B S I T E , A N D R E L A T E D P R I N T E D M A T E R I A L S.

A p p rove t he p rofess ion al services ag reem ent w i th B aird + D riskell C om m u nity P lan ni ng in t he am ou nt of $99 ,70 0 t o d evelop an A ccessory D w ellin g U n it (A D U ) W orkb ook, w eb s it e, and ot h er in form ational m aterials to g u i d e U p lan d h om eow n ers th rou g h t he p rocess of b u il d i n g an A D U ; and authorize th e C ity M an ag er to execu te th e ag reem en t. (S t aff Person :

Rob ert D alq u est)

11.P U B L I C H E A R I N G S
A .C O N S I D E R A T I O N O F A R E S O L U T I O N A P P R O V I N G T H E C O M M U N I T Y

D E V E LO P M E N T B LO C K G R A N T (C D B G ) O N E -Y E A R A C T I O N P L A N F O R F I S C A L Y E A R 20 22 -23
Th e C i ty C ou ncil will con d u ct a p u b l ic h earing to con si d er ad op t in g a Resolution ap p rovin g the C i ty of U p lan d O n e-Year A ct ion P lan for F iscal Year 2 02 2-2 3. (S taff Person : Rob ert D alq u est) Recom m end ation:1 )S taff P resen tation
2 )H old P u b lic H earing
3 )C lose P ub lic H earin g
4 )A d op t a Res olu ti on ap p rovin g t he C it y of Up lan d C om m u nity D evelop m en t B lock G rant O ne-Year
A ction P lan for F iscal Year 20 22 -23 an d aut horize the C ity M an ag er to execute an y and all necessary
d ocum ents to im p lem en t the F iscal Year 2 02 2-2 3 A ction P lan .

12.C O U N C I L C O M M I T T E E R E P O R T S
A .F I N A N C E C O M M I TT E E M E E T I N G , A P R I L 27 , 20 22 Th e C om m it tee C hairp erson will rep ort on th e m eeti n g . T h i s i s an in form ation item only.

13.B U S I N E S S I T E M S
A .I S S U A N C E O F S P E C I A L TA X R E F U N D I N G B O N D S F O R C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O. 2 00 3-2 (T H E C O LO N I E S A T S A N A N TO N I O ), I M P R O V E M E N T A R E A N O. 1
A cting as the leg islative b od y of C om m u nity Facilities D istrict N o. 2 00 3-2 (Th e C olon ies at S an A n ton io) ad op t a Resol ut ion authorizin g th e issu ance of i ts S p ecial Tax Refu n d in g B ond s I ssue of 20 22 (I m p rovem en t A rea N o. 1) in a p rin ci p al am ou nt n ot to exceed $1 6,5 00 ,00 0 and ap p rovin g an I n d en tu re and an E scrow A g reem en t, and takin g certain oth er action s in con nection therew ith. (S taff Person : S tep h en Parker)

B.S E T A P U B L I C H E A R I N G TO C O N S I D E R P R O P O S E D PA S S -T H R O U G H

S E W E R R A T E S
A u th orize the C it y M an ag er to p ost a P rop os it ion 21 8 p u b li c n oti fic ati on of a s ew er rate ad jus tm ent in cl ud in g a p ass-th rou g h sewer rate; an d t o set a p u b lic h eari n g d at e on J u n e 2 7, 2 02 2 at 7 p .m . for con sid eration of a sewer rate ad ju s tm en t in cl u d in g p ass -th rou g h sewer rat es. (S taff Person :

B rad en Yu)
C .S E T A P U B L I C H E A R I N G TO C O N S I D E R P R O P O S E D S O L I D W A S T E

R A T E A D J U S T M E N T
A u th orize the C it y M an ag er to p ost a P rop os it ion 21 8 p u b li c n oti fic ati on of a s oli d waste rate ad ju st m en t; an d to s et a p u b l ic hearin g d ate on J un e 27 , 20 22 at 7 p .m . for con si d erati on of a solid w ast e rate ad ju st m en t. (S taff Person: B rad en Yu )
D.R E C O M M E N D A T I O N O F P R O P O S E D C A N D I D A T E S TO F I L L

U N S C H E D U L E D V A C A N C Y O N T H E S A N A N TO N I O W A T E R C O M PA N Y

B O A R D & W E S T E N D C O N S O L I D A T E D W A T E R C O M PA N Y B O A R D O F D I R E C TO R S.

D iscu ss p rop osed can d id at es an d m ake recom m en d ation s to fill th e un sched uled vac an c y t o the S an A n ton io Water C om p an y B oard of D irectors an d for th e West E n d C on solid ated Water C om p any B oard of D irectors. (S taff Person: B rad en Yu )

14.C O U N C I L C O M M U N I C A T I O N S

15.C I T Y M A N A G E R

16.A D J O U R N M E N T
T he C it y C oun cil wi ll ad journ i n m em ory of S am S p ag n olo, Rancho C u cam ong a C ity C oun ci l M em b er. Th e next reg u larly sch ed u led C it y C ou ncil m eeti ng is M ond ay, M ay 2 3, 2 02 2
N O T E : I f yo u cha l l e ng e t h e p u b l i c h e a ri ng (s ) o r t he re l a t e d e nvi ro nm e n t a l d e t e rm i na t i o ns i n co u rt , yo u m a y b e l i m i t e d t o ra i s i n g o nl y t h o s e i s s ue s yo u o r s o m e o n e e l s e ra i s e d a t t h e p ub l i c h e a ri ng d e s cri b e d i n t h i s no t i ce , o r i n w ri t t e n co rre s p o nd e nce d e l i ve re d t o t he C i t y o f U p l a nd , a t , o r p ri o r t o , t he p ub l i c he a ri n g .

A l l A g e n d a i t e m s a n d b a ck-u p m a t e ri a l s a re a va i l a b l e f o r p u b l i c re vi e w a t t h e U p l a nd P ub l i c L i b ra ry, d o w n s t a i rs re f e re n ce d e s k a t 4 5 0 N o rt h E ucl i d A ve nue , t h e C i t y C l e rk's O f f i ce a t 460 N o rt h E ucl i d A ve nue a nd t h e C i t y w e b s i t e a t w w w.u p l a nd ca .g o v.

I n co m p l i a n ce w i t h t h e A m e ri ca n s w i t h D i s a b i l i t i e s A ct , i f yo u n e e d s p e ci a l a s s i s t a nce t o p a rt i ci p a t e i n t hi s m e e t i n g , p l e a s e co n t a ct t h e C i t y C l e rk's O f f i ce , 931-4 1 2 0 . N o t i f i ca t i o n 48 h o u rs p ri o r t o t h e m e e t i n g w i l l e n a b l e t he C i t y t o m a ke re a s o n a b l e a rra n g e m e n t s t o e n s ure a cce s s i b i l i t y t o t h i s me e t i ng . [2 8 C F R 3 5 .1 0 2 -35.104 A D A T i t l e I I ] P O S T I N G S T A T E M E N T : O n M a y 4 , 2 0 2 2 a t rue a nd co rre ct co p y o f t h i s a g e n d a w a s p o s t e d o n t he b ul l e t i n b o a rd s a t 450 N . E ucl i d A ve nue (U p l a n d P ub l i c L i b ra ry) a n d 4 6 0 N . E u cl i d Ave n u e (U p l a nd C i t y H a l l ) a n d t he C i t y w e b s i t e a t w w w.up l a n d ca .g o v.

ORDINANCE NO. 1960

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING A MILITARY EQUIPMENT

USE POLICY FOR THE UPLAND POLICE DEPARTMENT
PURSUANT TO ASSEMBLY BILL 481

WHEREAS, on September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 481”) into law which requires law enforcement agencies to adopt a military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law; and WHEREAS, AB 481 requires adoption of the Policy by the City Council before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website of the City of Upland (“City”) Police Department (“Police Department”) at least 30 days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use; and
WHEREAS, in accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

Ordinance No. 1960

Section 1: Incorporation of recitals.

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

Section 2: Findings.

Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Section 3. Military Equipment Use Policy Adopted.

In light of the findings in Section 2, and in accordance with AB 481, the Policy attached to this Ordinance as Exhibit “A” is hereby adopted by the City Council.

Section 4. CEQA.

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

Section 5: Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable.

Ordinance No. 1960

Section 6. Publication and Effective Date.

This Ordinance shall be posted at three public places within the City of Upland and shall become effective thirty days after the date of its posting.

PASSED AND ADOPTED this 9th day of May, 2022.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 25th day of April, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 9th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Ordinance No. 1960

Exhibit “A”

Military Equipment Use Policy

[Attached behind this page]

Policy
706
Upland Police Department
Policy Manual
Copyright Lexipol, LLC 2022/04/18, All Rights Reserved.

Published with permission by Upland Police Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy")is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (pursuant to Assembly Bill 481 ("AB 481"). 706.1.1 DEFINITIONS
Definitions related to this Policy include those provided in Government Code § 7070, and as follows:

Governing body – City of Upland City Council ("City Council").

Military equipment – Includes but is not limited to the following:
•Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles. •Category 2: Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
•Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one- half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
•Category 4: Tracked armored vehicles that provide ballistic protection to their occupants.
•Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Category 6: Weaponized aircraft, vessels, or vehicles of any kind. •Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. •Category 8: Firearms and ammunition of_.50 caliber or greater, excluding standard- issue shotguns and standard-issue shotgun ammunition.
•Category 9: Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code §section 30510 and Penal Code §section 30515, with the exception of standard-issue firearms. •Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles.
•Category 11: Noise-flash diversionary devices and explosive breaching tools. •Category 12: Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
•Category 13: TASER® Shockwave, microwave weapons, water cannons, and long- range acoustic devices (LRADs).
•Category 14: Kinetic energy weapons and munitions.

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Military Equipment - 2
•Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the Policy of the City of Upland that members of this Police Department ("Department") comply with the provisions of AB 481 with respect to the funding, acquisition and use of military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Tactical Response Team Commander to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the military equipment the Department intends to acquire.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Departments's funding, acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and insuring that the report is made available on the Department's website. (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying equipment for the Department is attached to this Policy as Exhibit "A" and is incorporated into the Policy by this reference.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure this Policy is submitted to the City Council and is available on

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Published with permission by Upland Police Department
Military Equipment - 3
the Department's website at least 30 days prior to any public hearing concerning the Policy. The Policy must be approved by the City Council prior to engaging in any of the following :
(a) Requesting military equipment made available pursuant to 10 USC § 2576(a). (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the Department's jurisdiction. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not approved by this Policy.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this Policy. Military equipment used by other jurisdictions that are providing mutual aid to the Department shall comply with their respective military use policies in rendering mutual aid. 706.7 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department's website for as long as the military equipment is available for use. The report shall include all information required by Government Code §section 7072 for the preceding calendar year for each type of military equipment in Department inventory. "Type" of military equipment is defined to mean each item that shares the same manufacturer model number.
706.8 COMMUNITY ENGAGEMENT
Within thirty 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Military Equipment
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Published with permission by Upland Police Department
Military Equipment - 4
706.9 EXHIBIT "A" MILITARY EQUIPMENT INVENTORY LIST
See attachment: Military equipment list.pdf

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Attachments

Attachment
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Military equipment list.pdf - 6
Military equipment list.pdf
Military equipment list.pdf

Upland Police Department – Military Equipment List

1.Specialized firearms and ammunition (Category 10)
a.Quantity, description, capabilities, and purchase cost:
56 (fifty-six) Colt AR-15 patrol rifles capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic fire. The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $927.76
•Authorized Use: Only members that are POST certified Peace Officers, and have completed the POST Firearms/Tactical Rifle Course. 15 (fifteen) MP5 sub-machine guns. The MP5 sub-machine gun is capable of accurately engaging an armed subject at various distances. The MP5 is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi- automatic and automatic fire. The MP5 does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 9 mm NATO cartridge is capable of limited penetration against soft body armor worn by armed subjects. COST: Unknown cost. These weapons were acquired over 10 years ago. •Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed the POST SWAT Academy Firearms Course. MP5’s may be deployed with the approval of the SWAT commander. These firearms are currently in storage and are considered surplus at this time. The Department will be exploring options for removing these weapons from its inventory.
2 (two) Heckler and Koch HK416 rifles. The HK416’s possessed by the Upland Police department are NOT currently in service (storage). The HK416 is capable of accurately engaging an armed subject at various distances. The HK416 rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire. The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks.

The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: Unknown cost. These weapons were acquired over 10 years ago.

•Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed a POST SWAT Academy/Firearms Training. These firearms are currently in storage and are only deployed at the direction of the SWAT Commander.
16 (sixteen) Geissele 5.56mm rifle is capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire. The Geissele rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST:
$2,068.62 per rifle.
•Authorized Use: Only members that are POST certified Peace Officers, and are members of the SWAT Team that have completed POST SWAT Academy/Firearms Training. Members meeting the above qualifications are also authorized to carry these weapons in a patrol capacity. 12 (twelve) M16A1 service rifles. The M16A1 service rifles possessed by the Upland Police department are NOT currently in service (storage). The M16A1 service rifle is capable of accurately engaging an armed subject at various distances. The M16A1 service rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire. The M16A1 service rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $0. These firearms were granted from the U.S. Military. The firearms are currently in storage and pending return or legal disposition.

2.Tear Gas (Category 12)
a.Quantity, Description, Capabilities, and Purchase Cost:

Description: Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Upland Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects per Upland Police Department Policy and applicable law. The Upland Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and

causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de- regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes). Descriptions of each agent/munition are taken directly from the manufacture.

1.1017 -Pocket Tactical SAF-Smoke – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 20 to 30 seconds to cover small areas. May be launched or hand-thrown Cost: $27.75 per munition.

2.1062 - SAF-Smoke Black – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 30 to 40 seconds to cover large areas. May be launched or hand-thrown Cost: $50.70 per munition.

3.2042 - Flameless Expulsion CS Grenade - The CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time. Cost: $49.00 per munition.

4.1082 - Riot Control Continuous Discharge Grenade - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost:
$29.30 per munition

5.1072 - Spede-Heat Continuous Discharge Chemical Grenade - The Spede- Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. Cost: $33.05 per munition.

6.5230B – Baffled Riot CS Smoke. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost $49.75 per munition.

b.Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

1.Self-destructive, dangerous and/or combative individuals.

2.Riot/crowd control and civil unrest incidents.

3.Circumstances where a tactical advantage can be obtained.

4.Potentially vicious animals.

Training exercises or approved demonstrations.
c.Authorized Use: Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents.
d.Expected Lifespan:

1.1017 – 5 years

2.1062 – 5 years

3.2042 – 5 years

4.1082 – 5 years

5.1072 – 5 years

6.5230B – 5 years
e.Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.

3.Flash Bang (Category 12)
a.Quantity, Description, Capabilities, and Purchase Cost:

The noise/flash diversionary device (NFDD) has become an essential tool for law enforcement tactical teams. Manufacturers of NFDD's have developed training devices to realistically simulate the operational characteristics of standard NFDD's. Although the energy released from the training model is insufficient to use the irritant powder modules, other accessories may be used for the same purposes that they might be used operationally. Examples include trip wiring, perimeter protection, remote initiation, and attaching lanyards for retrieval. The fuze is the most important part of a pyrotechnic munition. Combined Tactical Systems (CTS) Inc. has taken the standard military M201A1 fuze and improved it to provide increased consistency, reliability, and safety. The article describes the CTS Flash-Bang Training System as a superb, cost-effective training tool. The Model 7290T Training Flash-Bang is a low-cost training device that realistically simulates all the functional characteristics of a standard NFDD without any of the liabilities associated with using a full-power device.

1.7290MT – Mini Bang Training Body. Training system makes for excellent training scenarios. The system is built and weighs exactly the same as the Model 7290M Flash-Bang but has no flash charge. The 7290MT body is

painted with a bright blue coating and can be used an unlimited number of times. The M201FB fuse for this system has 10 times the output of a normal M201 fuse and it is threaded with a left-hand thread so it cannot be accidentally used in any other munitions. The Model 7290MT produce an audible output of about 120db. The base contains a standard 3/8-16 UNC thread at its center allowing attachment of numerous accessories, including:

Clamp, Stake, Eye Bolt or Magnet. Cost: $54.75

2.7290M – Mini Flash Bang. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Cost: $49.50.
b.Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

5.Self-destructive, dangerous and/or combative individuals.

6.Riot/crowd control and civil unrest incidents.

7.Circumstances where a tactical advantage can be obtained.

8.Potentially vicious animals.

Training exercises or approved demonstrations.
c.Authorized Use: Only officers who have received POST certification or manufacturer - specific training in the use of chemical agents are authorized to use chemical agents. d.Expected Lifespan: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.

4.Pepper Ball Launcher (Category 12)
a.Quantity, Description, Capabilities, and Purchase Cost:

Twelve (12) Launchers that a part of a system that uses high -pressure air to deliver PAVA powder projectiles (similar to a paintball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De- Escalation tool used to avoid further injuries or lethal options on a subject; Cost:

Unknown for Six (6) items as they were purchased 15 years ago. Six (6) launchers were recently purchased as Cost $664.99

1.Pepper Ball LIVE PROJECTILE, the basic Pepper Ball projectile contains 2.5 grams of PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 feet and an area of saturation of 150+feet. The projectile contains 0.5% PAVA Powder; Cost: $249.99 for pack of 90.

2.Pepper Ball Glass Breaker Projectiles, a solid projectile used to shatter windows only. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 FPS; Cost: $25 for pack of 10.
b.Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include but, are not limited to:

1.Self-destructive, dangerous and/or combative individuals.

2.Riot/crowd control and civil unrest incidents.

3.Circumstances where a tactical advantage can be obtained.

4.Potentially vicious animals.

5.Training exercises or approved demonstrations.
c.Authorized Use: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers. d.Expected Lifespan:

1.Pepper Ball Launcher – No expiration

2.Live Projectile – 3 years

3.Glass Breaker Projectiles – No expiration
e.Fiscal Impact:

There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used.

5. Projectile Launch platforms and associated munitions (Category 14) a.Quantity, Description, Capabilities, and Purchase Cost: Three (3) Defense Technology 40mm Single Launcher: Cost: $985.70. The Defense Technology 40mm Single Launcher is not a firearm, but a Less-Lethal launching system that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher can launch 40MM munitions at a subject up to 40 yards. The Less -Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition.

Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The below listed product descriptions are taken directly from the manufacture.

1.6320 - The 40mm Direct Impact Crushable Foam Round is the perfect munitions for incapacitating a single subject or for controlling a crowd. The plastic body with a crushable orange foam nose containing a powder payload makes for a lightweight, high-speed projectile. This munition is a point-of-aim, point-of-impact direct fire round that has passed extensive human effects assessments for blunt impact and penetration, most commonly used by tactical teams where greater accuracy and deliverable energy is needed for incapacitation of a non-compliant subject at longer distances. When it is loaded with agent, it combines blunt trauma with the effects of an irritant, which maximizes the potential for incapacitation. Cost: $30.50 per munition.

2.6322 - The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct- fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Cost: $30.30 per munition.

3.6299 - The 40 mm Multiple Foam Baton Round is most widely used as a crowd management tool where stand-off distances are limited. It may also prove valuable in riot situations where police lines and protestors are in close proximity. The round contains three foam projectiles. It utilizes smokeless powder and has more consistent velocities and tighter patterns compared to its 37 mm counterpart. The foam projectile allows for closer deployment, while minimizing injury. Cost: $25.60 per munition.

4.2262 - 40mm CS Liquid Ferret (Barricade Penetrating Projectile “Black Tip”). The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $28.15 per munition.

5. 6297 - Stinger 37/40 mm 60-Caliber Rubber Balls Round. The Stinger 37/40 mm 60-Caliber Round is most widely used as a crowd management tool. The Stinger contains approximately eighteen 60-Caliber rubber balls. Designed for departments utilizing both 37/40 mm launchers, allows sharing of ordinance between the two weapon systems. It utilizes smokeless powder as the propellant and has consistent velocities and tighter patterns compared to its 37 mm counterpart. Suitable for close to medium ranges of fire. Cost: $25.60 per munition .

b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

Training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification or manufacturer - specific training in the use of chemical agents are authorized to use chemical agents. c. Expected Lifespan:

1. 6320 – 5 years

2. 6322 – 5 years

3. 6299 – 5 years

4. 2262 – 5 years

5. 6297 – 5 years
d. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.

6. Bean Bag Shotgun (Category 14)
a. Quantity, Description, Capabilities, and Purchase Cost: Fifteen (15) Remington 870 12 Gauge Multi-Shot Beanbag Launcher: Cost: Unknown, purchased over 25 years ago.

The Remington 870 12 Gauge Multi-Shot Beanbag Launcher is a converted Remington 870 used as a Less- Lethal launching system. The launching system uses smokeless powder to deliver a 12 gauge 40-gram lead-filled cotton-ballistic fiber blend projectile from a safe distance. The Less-Lethal launcher is capable of launching munitions at a subject up to 75 feet. The Less-Lethal launcher is a pump- action launcher, which allows the officer to assess after every spent munition. Less- Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.

1. 3027 – 12 gauge 40-gram lead-filled cotton-ballistic fiber blend stabilized bean bag munition is designed to produce blunt trauma and pain compliance. The bean bag munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter; Cost: $6.15 per munition.
c. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

d. Authorized Use: Situations for use of the less-lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individual(s).

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
e. Expected Lifespan:

1. Bean Bag Launcher – No expiration.

2. Bean Bag Munitions – 5 years
f. Fiscal Impact:

There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used.

ORDINANCE NO. 1961

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, ADOPTING SPECIFIC PLAN
AMENDMENT NO. 21-0001, THEREBY AMENDING TABLE 5-
1 (PERMITTED LAND USES) AND ALLOWING “MULTI-
FAMILY RESIDENTIAL” AS A PERMITTED USE ON THE

GROUND FLOOR WITHIN THE FIRST AVENUE OVERLAY

AREA UNDER THE OLD TOWN AND EUCLID DISTRICTS IN

THE HISTORIC DOWNTOWN UPLAND SPECIFIC PLAN

WHEREAS, on October 12, 2021, the City initiated an application for a Specific Plan Amendment (SPA No. 21-0001) to amend Table 5-1 (Permitted Land Uses) of the Historic Downtown Upland Specific Plan to allow “Multi-Family Residential” as a permitted use on the ground floor within the First Avenue Overlay Area under the Old Town and Euclid Districts; and

WHEREAS, the Specific Plan area encompasses approximately 210 acres of land and is located in the southern portion of the City. It is generally bounded by Arrow Highway in the north, 8th Street in the south, Campus Avenue in the east and Euclid Avenue in the west. The Plan Area boundary extends north of Arrow Highway along Euclid Avenue and slightly west of Euclid Avenue between 8th Street and Vernon Drive; and

WHEREAS, on September 26, 2011, the City Council adopted the Historic Downtown Upland Specific Plan (“Specific Plan”) to guide development in the Downtown area; and

WHEREAS, the proposed Specific Plan Amendment No. 21-0001 will not conflict with the goals, policies, and implementation measures set forth in the General Plan; and

WHEREAS, the Specific Plan Amendment application is for a text change only, no physical development is proposed at this time; and

WHEREAS, on March 23, 2022, the Planning Commission held a duly noticed public hearing to consider the Project, made the necessary findings, and adopted Planning Commission Resolution No. 4962 recommending the City Council adopt an Amendment to the Historic Downtown Upland Specific Plan; and

WHEREAS, on April 25, 2022, the City Council conducted a duly noticed public hearing introducing the first reading of the Ordinance to amend Table 5-1 (Permitted Land Uses) and allowing “Multi-Family Residential” as a permitted use on the ground floor under the Old Town Designation and only within the First Avenue Overlay Area in the Historic Downtown Upland Specific Plan; and

Ordinance No. 1961

WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are hereby incorporated herein by reference.

Section 2. Ordinance: Specific Plan Amendment. Table 5-1 of the Historic Downtown Upland Specific Plan is hereby amended as set forth in Exhibit A, attached hereto.

Section 3. The proposal is in conformity with the following General Plan Land Use Policies.

Policy LU-1.3 Strategic Growth. Concentrate growth in strategic locations that strengthens the City’s economic base,
offers new housing opportunities, maximizes available
and planned infrastructure, and fosters the
development and use of transit and multi-modal
transportation. These areas include Historic Downtown
Upland, Foothill Boulevard, the Southeast Quadrant,
College Heights, Mountain Avenue, along the Interstate
10 corridor, and in the 9th Street Industrial area.

Policy LU-1.5 Range of Housing Types and Densities. Provide high- quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all
income levels.

Policy LU-4.1 Infill Development. Encourage mixed-use, infill development on brownfields or underutilized parcels,
particularly near public transit and within the historic downtown.

Policy LU-4.2 Balance Commercial and Residential Development.

Strive to balance commercial and residential
development within the City to provide services for
residents and a supportive local clientele for businesses.

Section 4. The proposal is consistent with the following Specific Plan Objectives and Policies.

Objective 4.1 Provide a range of high-quality residential types with a variety of unit sizes that address the housing needs of

Ordinance No. 1961

a diverse population, support Downtown businesses
and promote the use of available public transportation.

Policy 4.1.1 The City shall encourage a range of affordable and market rate residential densities and products in
Downtown, including low-density single family uses,
moderate-density townhomes, higher-density
apartments and condominiums, and units in mixed-use
and live/work developments.

Policy 4.1.7 The City shall encourage and support transit-oriented development near the Metrolink station, consisting of
higher-density residential development that provides
pedestrian access to public transit and nearby services.

Policy 4.1.8 The City shall pursue implementation of the goals and policies of the Housing Element as they apply to
protecting and providing affordable housing in
Downtown.

Section 5. Compliance with the California Environmental Quality Act. The City Council finds that the adoption of the Specific Plan Amendment does not: (1) trigger the need for subsequent environmental review pursuant to Section 21166 of the Public Resources Code and Section 15162 of the CEQA Guidelines; (2) require major revisions of the Final EIR for the Historic Downtown Upland Specific Plan (State Clearinghouse [SCH] No. 2009111055) due to new or substantially increased significant environmental effects; or (3) result in any substantial changes with respect to the circumstances under which the project will be undertaken that would require major revisions of the Final EIR due to new or substantially increased significant environmental impacts; and there has been no discovery of new information of substantial importance that would trigger or require major revisions of the Final EIR due to new or substantially increased significant environmental effects.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that is would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Ordinance No. 1961

Section 8. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.

PASSED, APPROVED, AND ADOPTED this 9th day of May, 2022.

_____ _________________________
Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 25th day of April, 2022, and was adopted at a regular meeting of the City Council of the City of Upland held on the 9th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST: _____ _________________________
Keri Johnson, City Clerk

Ordinance No. 1961

EXHIBIT A

SPECIFIC PLAN AMENDMENT NO. 21-0001

HISTORIC DOWNTOWN UPLAND SPECIFIC PLAN - THE FIRST

AVENUE OVERLAY AREA WITHIN THE OLD TOWN AND EUCLID

DISTRICTS

CITY OF UPLAND

RECOMMENDED BY PLANNING
COMMISSION: MARCH 23, 2022

APPROVED BY CITY
COUNCIL: May 9, 2022

Development Code
5-8 City of Upland | Historic Downtown Upland Specific Plan

C. Permitted and Conditionally Permitted Uses
Permitted and conditionally permitted uses allowed in each district are provided in Table 5-1. In some cases there are specific requirements for ground-floor and upper floor uses, which are also indicated in the table. “P” designates permitted land uses, “m” designates a use requiring a minor conditional use permit, and “M” designates a use that requires a major conditional use permit. All uses are defined in Section H, Definitions.

Land uses that are not listed or not labeled “P”, “m” or “M” are not permitted. The development application and review process for permitted and conditionally permitted land uses is provided in Chapter 9, Implementation, of this Specific Plan.

The following uses are expressly prohibited in all districts in Downtown Upland:
i. Ambulance service, excepting offices;
ii. Automotive sales, including brokerages;
iii. Automotive repair (minor and major);
iv. Lodges, fraternity or sorority houses or similar places of regular, long- term, or frequent high-occupancy lodging;
v. Drive-thru establishments;
vi. Outdoor display of merchandise;
vii. Outdoor rental or storage yards;
viii. Pawnshops; and
ix. Any other uses that, after evaluation by the Planning Commission, may have characteristics that are adverse to the intent and purpose of the Specific Plan.

Development Code
5-8 City of Upland | Historic Downtown Upland Specific Plan

Table 5-1 Permitted Land Uses

Land Use Permitted Uses by District

Key to Permit Requirements
P=Permitted Use
C=Conditional Use Permit Required
m = Minor Conditional Use Permit Required Eu
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Residential
Multi-family Residential P P P* P P P P P P P P P P P P Residential Care Facility P P P P
Second Dwelling Unit P P
Senior Housing P P P P P P P P P P P P P P
Single-Family Residential P P P P P P P P
Institutional
Cultural Use (Assembly) m M m m m m m m m m m m m m
Cultural Use (Non-Assembly) P P P P P P P P P P P P P P Government Office P P P P P P P P P P P P
Park or Recreational Facility P P P P P P P P P P Public Facility P P P P P P P P P P P P P P
School C C C C C C C C C C C C C C

*1st Avenue Overlay Area Only

S T A F F R E P O R T
I T E M N O . 10.D .

D A T E :M ay 9, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K

A L I S O N W A L K E R , D E P U T Y C I T Y C L E R K S U B J E C T :A P P O I N T M E N T TO T H E F I N A N C E C O M M I TT E E

R E C O M M E N D E D A C T I O N
I t is rec om m en d ed th at t he C it y C oun cil rati fy th e ap p oint m en t of C arl B un ch to t h e F inan ce C om m ittee, term to exp ire in D ecem b er 2 02 2.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s th e C i ty's g oal to p rovi d e op p ortu nities for t h e cit izenry to p articip ate i n local g overn m en t throug h servic e on vari ous C om m ittees, C om m i ss ion s, an d B oard s.

B A C K G R O U N D
Th e F in anc e C om m ittee i s resp onsib le for revi ew in g m att ers p ert ain in g t o t h e finan ces of the C ity. Th is m ay inclu d e review in g w arrants and reg isters, finan cial statem ents, in vestm en t rep orts, t he C ity's an nu al in d ep end ent aud it , C ity fees and servic e charg es, and op eratin g b u d g ets.

Th e F inan ce C om m it tee i s c om p ri sed of tw o C ou ncilm em b ers, t he el ect ed C it y Treasu rer, an d five ad visory m em b ers , on e rep resentin g each of th e C ou ncilm em b ers. E ach ad vis ory m em b er serves the sam e term as the ap p ointin g C oun cilm em b er.

I S S U E S /A N A L Y S I S
Th ere is curren tl y on e vac an c y on th e F in ance C om m it tee and C ou n ci lm em b er Ru d y Z u nig a has n om in ated C arl B un ch to serve as h is ad visory rep resentative on th is C om m it tee. T he term of M r. B un ch 's ap p oin tm ent w ill exp ire in D ecem b er 20 22 .

F I S C A L I M P A C T S
Th ere is n o fiscal im p act from this ap p ointm en t.

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Application - Bunch

S T A F F R E P O R T
I T E M N O . 10.E .

D A T E :M ay 9 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R

M I C H E L L E M A D R I Z , M A N A G E M E N T A N A LY S T S U B J E C T :C O N S I D E R A P P R O V A L O F A H O U S E H O L D H A Z A R D O U S W A S T E

C O L L E C T I O N A G R E E M E N T W I T H T H E C O U N T Y O F S A N B E R N A R D I N O F I R E P R OT E C T I O N D I S T R I C T.

R E C O M M E N D E D A C T I O N
I t is recom m en d ed th at th e C ity C ou n c il ap p rove a H ou seh old H azard ou s Waste C ollection A g reem ent w it h th e S an B ern ard in o C ou n t y F ire D ep artm ent H ou seh old H azard ou s Waste D ivision; an d au th orize the C ity M an ag er to execute th e ag reem en t.

G O A L S T A T E M E N T
Th e p rop os ed action su p p ort s th e C i ty’s g oals of p rom oti ng water u se efficien cy an d p rovid in g safe an d reliab le service to the com m un ity.

B A C K G R O U N D
Th e C al iforn i a P ub li c Resou rces C od e req u i res c it ies an d cou nties to p rep are a H ousehold H azard ou s Waste E lem ent t o i d en ti fy t h e safe col lec ti on , rec ycl in g , treatm en t , an d p rop er d isp osal of h azard ou s waste g enerated b y hou seh old s an d sep arated from t he waste stream .

I n accord ance w it h t he resou rc e cod e req u i rem en t s, t h e C it y of U p lan d (C it y) est ab l is h ed a Perm anen t H ou seh old H azard ous Was te C ollection Fac il it y op erated b y the P ub li c Works D ep artm ent.

Th e C it y con tract s with t h e S an B ern ard in o C ou n ty F ire D ep art m en t H ou seh old H azard ou s Waste D ivi si on (C oun ty) for staff train in g ; p rog ram ad m i n i st rat ion , in clud in g p erm i tt in g an d rep ortin g ; an d for t h e s afe rem oval an d p rop er d isp osal of h ousehold h azard ou s waste (H H W ). Th e C ity is resp on s ib le for p rovid ing t h e facility an d train ed staff to op erate the

facility. A d d ition al C ity resp on sib ilities ou tlin ed in the ag reem ent in clud e: facility m aintenan ce; th e safety of t he p erson s an d m aterials on t he p rop erty of th e faci li ty; keep in g th e facilit y secu re; an d t h e n ecessary p ub licity and ed ucati on reg ard in g p rop er d is p os al an d han d lin g of h ousehold h azard ou s waste to C ity resid en ts.

Particip ation in the coun ty h ousehold h azard ou s waste collection p rog ram p rovid es Up lan d resid ents w ith th e ab ility to p rop erly d isp ose of th eir h ousehold hazard ous waste at any of the p articip atin g si tes w it hi n the cou n t y. H H W s it es t hroug hou t the cou n t y have a vari ety of d ays and h ours of op erati on, p rovid ing ad d ed c on ven ien ce t o resi d en ts to p rop erly d isp ose of their hou seh old hazard ous w aste.

I S S U E S /A N A L Y S I S
O ver the last five years, t h e hou seh old hazard ous w ast e p rog ram h as b een i m p act ed b y in creased sup p ly costs, as w ell as d isp osal costs for u sed oil, used oil filters, h ousehold b atteries, p h arm ac eu t ic als , and hom e g en erated sh arp s. To cover t h e i nc reas ed cost s, the C ou nty has increased t h e ann ual fees b y seven teen p ercen t (17 %) over th e term of this ag reem en t. T he t otal five-year ag reem en t am ou n t i s $57 1,6 14 .13 . T h e ag reem en t in clud es an an n u al d i sc ou n t of $13 ,20 0 t o th e C i ty t o offset th e C ity’s st affin g costs for th e Up lan d H H W facilit y. T he ann ual d is cou n t in creased b y 1 0% over t he d i sc ou n t in th e l ast ag reem en t term .

I f ap p roved , th is ag reem en t w ou l d b e effective from J u ly 1 , 2 02 2, u nt il J u ne 30 , 20 27 , un less oth erwise term in ated or am end ed b y either p arty.

F I S C A L I M P A C T S
Th e H ou s eh ol d H azard ou s W ast e C ollect ion A g reem en t is fu n d ed b y t h e p rog ram cost com p on ent col lec ted from th e con tract ed sol id waste h au l er. T he t otal five-year ag reem en t am ou nt i s n ot t o exceed $5 71 ,61 4.1 3 an d fu nd s will b e b u d g eted un d er accoun t n um b er 64 1- 63 02 -52 53 . T he am ou n t s d ue to t he cou n t y ann ual ly an d b i ll ed on a q uarterly b as is for the follow in g fiscal years are:

F iscal Year A m oun t
2 02 2/2 02 3 $10 5,6 93 .34
2 02 3/2 02 4 $10 9,5 57 .37
2 02 4/2 02 5 $11 3,8 53 .88
2 02 5/2 02 6 $11 8,6 18 .40
2 02 6/2 02 7 $12 3,8 91 .14

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Upland and S B C F HHW Agreement F Y 2022-2027

Standard Contract Page 1 of 7

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

San Bernardino County Fire
Protection District

Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401

Contractor City of Upland
Contractor Representative Michelle Madriz
Telephone Number (909) 291-2935
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $571,614.13
Amendment Amount
Total Contract Amount $571,614.13
Cost Center

IT IS HEREBY AGREED AS FOLLOWS:

HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT

This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of Upland hereinafter referred to as the “City.”

RECITALS:

WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream; and,

WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and,

WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and,

WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe Contract Number

SAP Number

Revised 7/15/19 Page 2 of 7
management of hazardous waste; and,

WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling.

NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:

WITNESSETH:

RESPONSIBILITIES AND DUTIES OF THE CITY

1. The City agrees to operate a Household Hazardous Waste Collection Facility (hereinafter referred to as “Facility”) for the District at the following location: Upland City Yard, 1370 North Benson, Upland, CA 91786, in accordance with the most recent edition of the District’s “The Satellite Facilities Operations Manual”, as referred to and amended from time to time in accordance with Section 7 hereof (hereinafter referred to as “Operations Manual”). Employees of the City and/or its subcontractor who have current training by the District will accept only “Household Hazardous Waste”, as defined in Title 22, section 66260.10 of the California Code of Regulations and in California Health and Safety Code section 25218.1(d). The facility will be open to County residents for collection of Household Hazardous Waste at least twenty (20) hours per month, except during inclement weather and City observed holidays. The designated employees of the City will categorize, pack and label the wastes in accordance with the Operations Manual. The wastes will be stored in their original packaging (except used motor oil and used antifreeze) and placed in the District provided containers inside the waste storage area (located within the fenced area of the Facility). The City approves the Facility’s storage area(s) of ignitable and/or reactive waste designated by the District. The City approves the Facility’s traffic control which is directed by authorized staff.

2. The City shall be responsible for maintenance of the Facility, the safety of persons and materials on the property of the Facility and keeping the Facility secure. It shall not be necessary for the City to require a person to be present at all times on the site of the Facility where the waste will be stored.

3. The City shall notify and obtain approval from the District prior to making any changes in the maintenance and/or operations of the Facility. The City shall notify the District of any changes in the management of the Facility.

4. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District.

5. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant.

6. The City shall publicize to its small businesses that need to dispose of small quantities of business waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal.

7. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted.

8. Agreement Compliance. City agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this Agreement.

Revised 7/15/19 Page 3 of 7

RESPONSIBILITIES AND DUTIES OF THE DISTRICT

9. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home-generated Sharps (HGS), and pharmaceutical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner.

10. The District shall act as the generator and transporter of the Household Hazardous Wastes and shall assume responsibility for maintaining the necessary site and transportation permits. Further, the District will train City personnel that operate the Household Hazardous Waste Collection Site and provide the Operations Manual, which designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to be followed. The District shall continue to provide an initial 32-hour training course for new Household Hazardous Waste personnel of the City and subsequent annual 8-hour “refresher” training course for City Household Hazardous Waste employees. If there are changes to the Operations Manual, written notification and/or special training sessions shall be provided to the City at least thirty (30) days prior to their effective date. The Operations Manual shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary.

11. The District will provide approved waste storage containers, meeting the specifications of the Department of Transportation for the disposal of hazardous waste and sufficient absorbent materials for “over packing” the waste containers. At the termination or expiration of this Agreement, all items provided by the District shall belong to the District, unless otherwise agreed upon in writing. The District will provide an Emergency Coordinator to offer support and assistance to the City during Facility operating hours excluding County observed holidays.

12. The District shall either remove the household hazardous waste or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of household hazardous wastes at an approved facility at no additional cost to the City.

13. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City.

14. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The report will be provided at no additional cost to the City.

15. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City.

16. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in the District’s fee ordinance. If the City operates its own household hazardous waste collection facility and business waste is accepted at any satellite facility, the City will be responsible for the disposal cost of the business waste.

17. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. As provided in Paragraph 7, the public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic

Revised 7/15/19 Page 4 of 7
bio-hazard sharps containers. The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps.

CONSIDERATION

18. In consideration for the services provided, City shall pay the District the following amount not to exceed $571,614.13:

Fiscal Year Annual Amount Amount per quarter
2022/2023 $105,693.34 $26,423.34
2023/2024 $109,557.37 $27,389.34
2024/2025 $113,853.88 $28,463.47
2025/2026 $118,618.40 $29,654.60
2026/2027 $123,891.14 $30,972.79

19. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract. The Annual Amount and Amount per quarter identified in Paragraph 18 includes a discount to the City of $13,200 annually, ($3,300 quarterly), to assist with staffing cost for the HHW facility.

TERM AND TERMINATION

20. This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended.

21. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party.

INSURANCE AND INDEMNIFICATION

22. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

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

City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well

Revised 7/15/19 Page 5 of 7
as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault.

Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other.

Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

GENERAL TERMS AND CONDITIONS

24. Representation of the District. In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District.

25. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change.

26. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part.

27. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District.

28. Correction of Performance Deficiencies. Failure by City or District to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement.

In the event of a non-cured breach, either Party may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:

A. Afford the breaching Party, thereafter, a time period within which to cure the breach, which period shall be established at sole discretion of the other Party; and/or, B. Terminate this Contract.

29. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs.

30. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California.

31. Notification. In the event of a problem or potential problem that will impact the level of performance under this Agreement, the City shall notify the District within one (1) working day, in writing and by telephone.

32. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District administrative

Revised 7/15/19 Page 6 of 7
officials who terminated COUNTY or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.

33. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement if a Party determines that the other Party has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, either Party is entitled to pursue any available legal remedies.

34. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default.

35. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid.

36. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:

DISTRICT:

Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
CITY: Michelle Madriz
Management Analyst
1370 N. Benson Ave.

Upland, CA 91784

37. Entire Agreement.

A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings.

B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

38. This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.

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

Revised 7/15/19 Page 7 of 7

IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Scott Runyan, Supervising Deputy County
Counsel

Date Date Date

SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT

(Print or type name of corporation, company, contractor, etc.)

By

Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated:

Name

SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Secretary (Print or Type) By Dated:

Deputy Address

S T A F F R E P O R T
I T E M N O . 10.F .

D A T E :M ay 9, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : M A R C E LO B L A N C O, A C T I N G P O L I C E C H I E F

A N T H O N Y K A B A YA N , P O L I C E L I E U T E N A N T

S U E G U T I E R R E Z , S E N I O R A C C O U N T N G T E C H N I C I A N S U B J E C T :H O M E L A N D S E C U R I T Y G R A N T P R O J E C T - H S G P 20 20

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at th e C i ty C oun cil acc ep t th e F is cal Year 2 02 0 H om el an d S ecurit y G ran t fun d s in the am ou n t of $2 4,4 11 an d au th ori ze th e ap p rop riation of $24 ,41 1 t o p urch ase eq u ip m en t an d Ru sh tactical b ackp acks.

G O A L S T A T E M E N T
Th e p rop osed ac ti on su p p orts t he C it y's g oal of p rovi d i n g safe and effect ive l aw en forcem en t services for th e resid ents of U p land .

B A C K G R O U N D
Th e H om el an d S ecu ri ty G ran t P rog ram (H S G P ) i s a S tat e g ran t w it h fun d ing allocated an d con trolled b y th e C ou nt y of S an B ern ard i n o. Th e fu n d s m ust b e exp end ed excl us ivel y to p rovid e "fron t-l in e" p ub lic s afety services b y p olice an d fire. I n ad d i ti on, g rant m on ies m ust b e u sed to sup p lem en t existin g services and not used to su p p lan t an y existing fun d s for p ub lic safety.

I S S U E S /A N A L Y S I S
S everal key staff m em b ers m et t o d iscuss how th e fu nd s cou ld b e b est utilized .

S u b seq u ently, th e Police C hi ef an d C i ty M an ag er m et to d iscu ss t he us e of th e g ran t fu n d s . I t has b een recom m en d ed that F Y 2 02 0 fun d s in t he am ou nt of $24 ,41 1 b e u sed t o p urch ase th erm al im ag i n g b i n oc u l ars , a b al li st ic sh iel d , s oft roll -u p sh iel d s , a tactical ent ry tool kit an d tactical b ackp acks for th e Police D ep artm en t Tactical Resp on se Team .

F I S C A L I M P A C T S
Th e C it y’s ap p roved b u d g et for F Y 2 02 1-2 02 2 w ill in crease b y th e recom m en d ed ap p rop riation of $24 ,41 1 in th e H om eland S ecu ri ty G rant P rog ram fu n d . S i n c e th is exp en d it u re is fully reim b ursab le, t h e C ity’s revenu es wi ll al so in crease b y t he sam e am ou n t . Th ere i s no im p act to the G en eral F u nd .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
HS G P 2020 Call for P rojects
HS G P F Y 20 Proposed Law J urisdiction Allocation
HS G P F Y 20 Approval Authority P olicy
HS G P B Y 20 Subrecipient Application Workbook
HS G P F Y 20 Project Narrative-Backpacks
HS G P F Y 20 Project Narrative-Ballistic Shield
HS G P F Y 20 Project Narrative-Binoculars
HS G P F Y 20 Cal O E S Investment J ustifications
HS G P 2020 M odification
HS G P F Y 20 Authorization to Spend

1743 Miro Way ● Rialto, CA 92376 ● (909) 356-3998 ● Fax (909) 356-3965

BOARD OF SUPERVISORS
Robert A. Lovingood
Janice Rutherford Dawn Rowe Curt Hagman
Chairman
Josie Gonzales
Vice-Chair
Gary McBride
First District Second District Third District Fourth District Fifth District Chief Executive Officer

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Office of Emergency Services
sbcfire.org

Don Trapp
Interim Fire Chief/Fire Warden

Mike Antonucci
Emergency Services Manager

November 12, 2019

TO: SAN BERNARDINO COUNTY FIRE AND POLICE CHIEFS; SAN BERNARDINO COUNTY PUBLIC HEALTH OFFICER; HOMELAND SECURITY GRANT SOLE POINTS OF CONTACT; SAN BERNARDINO COUNTY OPERATIONAL AREA COORDINATING COUNCIL; HOMELAND SECURITY GRANT APPROVAL
AUTHORITY; INLAND COUNTIES EMERGENCY MEDICAL AGENCY; AND OTHERS

SUBJECT: FISCAL YEAR 2020 HOMELAND SECURITY GRANT PROGRAM (HSGP) CFDA

97.067 - CALL FOR PROJECTS AND ADDITIONAL INFORMATION

- TIME SENSITIVE –

This correspondence contains important time sensitive information regarding the completion of the Fiscal Year 2020 (FY20) Homeland Security Grant Program (HSGP) Project Proposals.

Although Federal Officials have not yet announced the funding opportunity for the FY20 HSGP, the State is requesting preliminary projects to be submitted prior to the Federal Notice of Funding Opportunity, State guidelines or award amounts being announced. Therefore, the proposed allocations will be based on prior award information, as attached. Please be aware that this is the preliminary project proposal phase of the FY20 HSGP. Notifications will be provided of any award amount, program or other changes to the grant.

Please refer to the Core Capabilities (attached), the prior year grant guidelines and the FEMA Preparedness Grants Manual when considering your projects. The FEMA Preparedness Grants Manual can be located on FEMA’s website at: https://www.fema.gov/ .

Regional projects are encouraged. Please note that all project proposals MUST meet the Homeland Security Grant Program criteria in order to be accepted and must be submitted by the due date to be considered. Project proposals of different amount ranges are preferable for Regional or Additional Projects (non-allocations).

Submit completed worksheets, narratives, investment justifications and core capabilities forms via e-mail to Tina Sutera at [email protected]. Late and/or incomplete proposals WILL NOT be accepted or considered.

Failure to meet the deadline will result in the denial of the jurisdiction’s project(s).

Project Proposals are due by 5:00 p.m. on Friday, December 6, 2019.

Please contact Tina Sutera at (909) 387-5934, if you have any questions about the FY20 HSGP Call For Projects process.

1743 Miro Way ● Rialto, CA 92376 ● (909) 356-3998 ● Fax (909) 356-3965

BOARD OF SUPERVISORS
Robert A. Lovingood
Janice Rutherford Dawn Rowe Curt Hagman
Chairman
Josie Gonzales
Vice-Chair
Gary McBride
First District Second District Third District Fourth District Fifth District Chief Executive Officer

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Office of Emergency Services
sbcfire.org

Don Trapp
Interim Fire Chief/Fire Warden

Mike Antonucci
Emergency Services Manager

Sincerely,

Daniel Munoz, Assistant Emergency Services Manager
San Bernardino County Fire Protection District
Office of Emergency Services

DM:ts
Attachments:

FY20 HSGP Law Jurisdiction Allocation
FY20 HSGP Fire Jurisdiction Allocation
FY20 HSGP Project Narrative
FY20 HSGP Project Worksheet
FY20 HSGP Cal OES Investment Justification
FY20 HSGP Core Capabilities
Homeland Security Approval Authority Policy 14-01
OEC_SAFECOM Guidance Emergency Communication

FY2020
Homeland Security Grant Program
Law Jurisdiction's Proposed Allocations
No.Law Jurisdictions
Population
(POP)Base
Percentage
based on
POP
Total District
Allocation
1 Adelanto Sheriff 35,136 12,000$ 4,459$ 16,459$ 2 Apple Valley Sheriff 73,464 12,000 9,322$ 21,322$ 3 Barstow 24,150 12,000 3,065$ 15,065$ 4 Big Bear Lake Sheriff 5,461 12,000 693$ 12,693$ 5 Chino 89,829 12,000 11,399$ 23,399$ 6 Chino Hills 84,364 12,000 10,705$ 22,705$ 7 Colton 54,391 12,000 6,902$ 18,902$ 8 Fontana 212,078 12,000 26,912$ 38,912$ 9 Grand Terrace 12,654 12,000 1,606$ 13,606$ 10 Hesperia Sheriff 96,362 12,000 12,228$ 24,228$ 11 Highland 55,778 12,000 7,078$ 19,078$ 12 Loma Linda 24,335 12,000 3,088$ 15,088$ 13 Montclair 39,563 12,000 5,020$ 17,020$ 14 Needles 5,085 12,000 645$ 12,645$ 15 Ontario 178,268 12,000 22,621$ 34,621$ 16 Rancho Cucamonga 179,412 12,000 22,767$ 34,767$ 17 Redlands 71,839 12,000 9,116$ 21,116$ 18 Rialto 107,271 12,000 13,612$ 25,612$ 19 San Bernardino 219,233 12,000 27,820$ 39,820$ 20 Twentynine Palms Shriff 28,958 12,000 3,675$ 15,675$ 21 Unincorporated/Sheriff 312,654 12,000 39,674$ 51,674$ 22 Upland 78,481 12,000 9,959$ 21,959$ 23 Victorville 126,543 12,000 16,058$ 28,058$ 24 Yucaipa 54,844 12,000 6,959$ 18,959$ 25 Yucca Valley 22,050 12,000 2,798$ 14,798$ Total 2,192,203 300,000$ 278,180$ 578,180$ Population provided by the California Department of Finance http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/

FY2020
Homeland Security Grant Program
Law Jurisdiction's Proposed Allocations
2,312,718.00$ FY20 HSGP Proposed Allocation -
578,180.00$ Law Allocation (Preliminary 25%)
(300,000.00)$ Total $12,000 Base
278,180.00$ % Base on POP

HOMELAND SECURITY

GRANT PROGRAM (HSGP)

APPROVAL AUTHORITY

POLICY MANUAL

Policy
Policy: 14-01 Page 1 of 1

Effective: 10/09/14

Last revision: None
SUBJECT: POLICY 14-01 – ACCEPTANCE/USE OF

GRANT FUNDS
APPROVED: APPROVAL
AUTHORITY MEMBERS, 10/06/14

PURPOSE
The Homeland Security Grant Program Approval Authority (HSGPAA) is enacting this policy to prevent the Operational Area (OA) from losing Homeland Security Grant Program (HSGP) funding.

This is in response to the Federal Circular interpretation on funding regulations found in (44 CFR PART 13 - GOV) and (2 CFR PART 215 – CBO).

As you may know, OAs that do not fully expend grant funds allocated to them are penalized by a 10% reduction in total grant fund allocations in the grant cycle following the failure to expend funds.

POLICY
Upon accepting grant funds, sub subrecipients (hereby referred to as jurisdictions) that participate in the HSGP agree to follow the grant timeline as well as meet ALL grant deadlines as set forth by the OA through the HSGPAA. This includes, but is not limited to:
 All reports on grant fund expenditure status
 All deadlines (fund expenditures, quarterly reports, modifications, reimbursement requests etc.)

Upon accepting grant funds, jurisdictions also agree to fully expend the funds allocated to the jurisdiction. We do understand that some projects may have a cost savings – if this becomes the case, the San Bernardino County Fire Office of Emergency Services (OES) should be notified in a timely manner so that said funds may be reallocated well in advance of the final grant deadline.

Jurisdictions will make every effort to expend funds in a timely manner and meet milestone deadlines and will immediately notify County Fire OES should circumstances arise that prevent the jurisdiction from doing so.

Should a jurisdiction fail to respond to our correspondences and thusly fail to indicate whether the jurisdiction will complete the expenditure of their grant allocation by the grant deadline, OR that the jurisdiction will release their allocation back to the OA, said jurisdiction’s allocation will be rescinded for reallocation by the HSGPAA on February 1st of the grant fiscal year cycle.

Failure to comply with this policy will result in funding allocations being disallowed for the jurisdiction in the following grant cycle.

The penalty will be in effect for one grant cycle.

APPEAL PROCESS
The HSGPAA is the governing body that will hear all appeals if the jurisdiction has circumstances that may call for the HSGPAA to consider action. The written appeal must be submitted within seven business days of the notification of funding being denied to your agency and be addressed to:

San Bernardino County Fire Office of Emergency Services ATTN: Emergency Services Manager
1743 Miro Way
Rialto, CA 92376

FISCAL YEAR 2020
Homeland Security Grant Program
CFDA 97.067

Subrecipient Application Workbook

Funding Provided by
California Governor’s Office of Emergency Services
(Cal OES)

Through Funding Distributed by
The United States Department of Homeland Security (DHS) Federal Homeland Security Grant Program Agency

FY20 HSGP Subrecipient Application Workbook

THIS PAGE LEFT BLANK

FY20 HSGP Subrecipient Application Workbook

TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................ 5 GRANT PURPOSE ....................................................................................................................................... 5 USE OF FUNDS ........................................................................................................................................... 5 ELIGIBLE JURISDICTIONS ........................................................................................................................... 5 GRANT CHANGES AND NEW REQUIREMENTS .......................................................................................... 5 GRANT PROJECT CRITERIA .................................................................................................... 6 Grant Solution Area: ................................................................................................................................. 6 Grant Mission Areas: ................................................................................................................................. 6 Grant Core Capabilities: ............................................................................................................................ 6 STATE FUNDING INVESTMENT JUSTIFICATIONS .................................................................. 6 GRANT APPLICATION ............................................................................................................... 7 SUBRECIPIENT GRANT PACKAGES ............................................................................................................. 7 Subrecipient Agreement ....................................................................................................................... 7 Cover Letter .......................................................................................................................................... 7 Certification Letter ................................................................................................................................ 7 Subrecipient Grants Management Assessment .................................................................................... 8 System for Award Management (SAM) ................................................................................................ 8 Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) ............................................... 8 GRANT PERFORMANCE PERIOD ................................................................................................................ 8 PROPOSED PROJECTS NOT APPROVED ..................................................................................................... 8 GRANT REQUIREMENTS .......................................................................................................... 8 LAW ENFORCEMENT ................................................................................................................................. 8 PROJECT MILESTONE DEADLINES ............................................................................................................. 8 STATUS REPORTS ...................................................................................................................................... 9 MODIFICATIONS ........................................................................................................................................ 9 PROCUREMENT GUIDELINES..................................................................................................................... 9 Writing Quotes/Bids ............................................................................................................................. 9 Sole Sources .......................................................................................................................................... 9 Cost Benefit Analysis ........................................................................................................................... 10 Invitation for Bid (IFB) ......................................................................................................................... 10 Formal Advertising .............................................................................................................................. 11 SUPPLANTING ......................................................................................................................................... 11 EQUIPMENT ............................................................................................................................................ 11 NOTE: USE TAXES ................................................................................................................................ 12 AUTHORIZED EQUIPMENT LIST (AEL) ..................................................................................................... 12 COMMUNICATION EQUIPMENT ............................................................................................................. 12

FY20 HSGP Subrecipient Application Workbook

PHARMACEUTICALS SUPPLIES ................................................................................................................ 12 EHP’s ....................................................................................................................................................... 12 EOC’s .......................................................................................................... Error! Bookmark not defined.

PLANNING/ORGANIZATION PROJECTS ................................................................................................... 12 PLANNING DELIVERABLES OR FINAL PRODUCTS .................................................................................... 13 CONTRACTOR/CONSULTANT .................................................................................................................. 13 SAM Suspension and Debarment ........................................................................................................... 13 VEHICLE PURCHASES ............................................................................................................................... 14 PERFORMANCE BOND............................................................................................................................. 14 UNALLOWABLE COSTS ............................................................................................................................ 14 ADDITIONAL FORMS ............................................................................................................................... 14 REIMBURSEMENT CLAIMS .................................................................................................... 14 PROOF OF PAYMENTS ............................................................................................................................. 15 GRANT MONITORING .............................................................................................................................. 15 JURISDICTIONAL GRANT MONITORING .................................................................................................. 15 INVENTORY CONTROL ............................................................................................................................. 15 GRANT PROJECT CLOSEOUT ............................................................................................... 16 RECORDS RETENTION ............................................................................................................................. 16 County of San Bernardino HSGP Program Contacts: ............................................................... 16 Application Workbook Certification ............................................................................................ 18

FY20 HSGP Subrecipient Application Workbook

INTRODUCTION
The State Homeland Security Grant Program (HSGP) is designed to secure and provide the nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from threats, hazards, and acts of terrorism. The Homeland Security Grant Program is one tool among a comprehensive set of federal measures administered by Cal OES to help strengthen the state against risks associated with potential terrorist attacks. San Bernardino County Office of Emergency Services is a subgrantee of the HSGP and oversees the administration of grant funds for San Bernardino’s Operational Area.

All grant requirements are located in Federal Notice of Funding Opportunity (NOFO), FEMA’s Preparedness Grant Manual (located on FEMA’s website) and the California State Supplemental to the NOFO (located on the Cal OES website under Grant Management).

Applicants should thoroughly read these manuals prior to submitting their applications.

GRANT PURPOSE
The purpose of the Fiscal Year 2020 Homeland Security Grant Program (FY20 HSGP) is to support comprehensive Homeland Security Grant Programs at the local level and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all terror-related hazards. Cal OES has accepted, approved, and awarded this grant and will continue providing support to the San Bernardino County Operational Area’s efforts to implement the objectives and strategies of the Homeland Security Grant Program. HSGP subrecipients are encouraged to consider projects that fall into National Priority Investment Justification areas to meet the County and State’s requirements for the National Priority 20% criteria. Information regarding National Priority Investment Justifications can be found in the FEMA Preparedness Grants Manual, the NOFO and the California State Supplemental to the NOFO. National Priority Investment Justifications are:
• Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS 5%
• Enhance the Protection of Soft Targets/Crowded Spaces, (including election security) 5%
• Enhance Cybersecurity (including election security) 5% • Address Emergent Threats 5%

USE OF FUNDS
Funds provided under the HSGP must be used to support local Homeland Security Grant Program activities that contribute to the San Bernardino County Operational Area’s capability to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism.

ELIGIBLE JURISDICTIONS
The County and any City/Town or District in the Operational Area (OA) may apply upon the approval of the Approval Authority members.

GRANT CHANGES AND NEW REQUIREMENTS
The following key changes have been made to the FY20 HSGP:
• Nationwide Cybersecurity Review (NCSR): All HSGP Grant recipients are required to complete an annual cybersecurity self-assessment as described in IB 439 and submit certification that they completed it to the County OES Grants Unit. • Performance Bonds: Performance bonds are required for all vehicle/watercraft purchases. A bond waiver can be requested under certain circumstances, such as immediate ability to deliver the vehicle/watercraft.
• Training Consultants/Contractors/Purchases: Competitive Procurement is required for all training consultants/contractors/purchases.
• Project Modifications: Subrecipients must provide a written justification for all project modification requests. Justifications must explain why the project is being modified.

Justifications for project modifications that reconcile or “true-up” costs may be simply stated as such. More detailed justification is required when reallocating funding to other

FY20 HSGP Subrecipient Application Workbook

projects, implementing new projects or to describe complicated situations that have led to the need for the modification, such as prolonged EHP approval processes.

Modification requests will not be accepted after 11/4/2022. • Modifications on National Priority Projects: The FY20 HSGP requires that a minimum of 5% of awarded funds must be allocated towards each of the four National Priority Investment Justifications for a total of 20% for the County. Projects that have been identified as National Priority projects cannot be modified without FEMA approval.

Therefore, scope of work modifications that change the investment justification category for National Priority projects are not permitted.

GRANT PROJECT CRITERIA
All projects are required to align to at least one of the six solution areas, five mission areas and the 32 core capabilities of the grant, as follows:

GRANT SOLUTION AREA:

1. Equipment

2. Training

3. Planning

4. Exercise

5. Organization

6. Management & Administration (OES only)
GRANT MISSION AREAS:

1. Prevention

2. Protection

3. Mitigation

4. Response

5. Recovery
CALIFORNIA HOMELAND SECURITY STRATEGY GOALS:

1. Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California

2. Protect Critical Infrastructure and Key Resources from All Threats and Hazards

3. Strengthen Security and Preparedness Across Cybersecurity

4. Strengthen Communications Capabilities Through Planning, Governance, Technology, and Equipment

5. Enhance Community Preparedness

6. Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Catastrophic Planning, Response, and Recovery Capabilities

7. Improve Medical and Health Capabilities

8. Enhance Incident Recovery Capabilities

9. Strengthen Food and Agriculture Preparedness

10. Prevent Violent Extremism Through Multi-Jurisdictional/Inter-Jurisdictional Collaboration and Coordination

11. Enhance Homeland Security Exercise, Evaluation, and Training Programs

Applicants will be required to align each project to the solution area, mission area and strategy goals.

STATE FUNDING INVESTMENT JUSTIFICATIONS

1. Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, Including DHS (National Priority)

FY20 HSGP Subrecipient Application Workbook

2. Enhance the Protection of Soft Targets/Crowded Places (including election security) (National Priority)

3. Enhance Cybersecurity (including election security) (National Priority)

4. Address Emergent Threats (National Priority)

5. Enhance Medical and Public Health Preparedness

6. Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology, and Equipment

7. Enhance Community Resilience, Including Partnerships with Volunteers and Community Based Organizations and Programs

8. Strengthen Information Sharing and Collaboration

9. Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Capabilities

10. Protect Critical Infrastructure and Key Resources (includes Food and Agriculture)

GRANT APPLICATION
Once the application is received by San Bernardino County Office of Emergency Services and approved by Cal OES, jurisdictions will be notified that their project is approved in an “Authorization to Spend letter.” Please note: approved project and allocation amounts may differ from the proposed allocations and projects that have already been submitted. Please read the remainder of this document to ensure that you can comply with grant requirements prior to accepting the award.

SUBRECIPIENT GRANT PACKAGES
Subrecipient packages consist of the following: signed Subrecipient Agreement/Assurances, Cover Letter, Certification Letter, signed Application W orkbook Certification, proof of SAM.gov registration, Subrecipient Grant Management Assessment Form, and Single Audit Report, if applicable. Subrecipient packages will be provided to jurisdictions that have approved projects prior to receiving the Authorization to Spend letter. Jurisdictions are NOT permitted to spend funds until the Authorization to Spend letter has been issued. If the project requires an EHP, Noncompetitive Justification, or other type of approval indicated on the approved project worksheet, a request must be submitted to the Grants Unit. Once approval is obtained, projects can commence.

Subrecipient Agreement
The subrecipient agreement/assurances must be signed in BLUE INK. Subrecipient packages must be submitted to:

San Bernardino County Office of Emergency Services
Grants Unit
Attn: Tina Sutera
1743 Miro Loma Way
Rialto, CA 92376

A copy of the package can also be emailed to: [email protected].

Cover Letter
The cover letters must be on the jurisdiction’s letterhead. Please certify that the documentation is clear and correct. Include your contact information on the “Certification Box” of the cover letter.

Certification Letter
Complete the certification letter with the following information:

Box 1: Name of the entity receiving the grant award. Indicate law or fire jurisdiction.

FY20 HSGP Subrecipient Application Workbook

Boxes 2-5: Use this table to include all federal grant funds the jurisdiction has/will receive for the fiscal year, including EMPG, SAFER, etc. (Consult with your budget or fiscal personnel for more information.)
Box 6: Include a DUNS number.

Box 7: List total compensation and names of the top five executives if salaries are paid with grant funds. (If applicable as per The Federal Funding Accountability and Transparency Act of 2006 (FFATA) or Transparency Act P.L. 109 -282, as amended by section 6202(a) of P.L. 110-252, requires all new Federal awards of $25,000 or more are subject to the FFATA reporting requirements)
Subrecipient Grants Management Assessment
The Subrecipient Grant Management Assessment form must be signed in BLUE INK and submitted with your subrecipient package.

System for Award Management (SAM)
Subrecipients must have a valid DUNS number and be currently registered with the System for Award Management (SAM) per the Federal Funding Accountability and Transparency Act (FFATA). Proof of registration can be fulfilled by providing a screen shot of the email confirmation or website registration confirmation.

Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) In order to apply and receive federal financial assistance your agency must have a valid DUNS number. To obtain a DUNS number agencies must register at no cost directly to this web site: www.sam.gov .

GRANT PERFORMANCE PERIOD
The FY20 HSGP has a 3-year performance period for subrecipients (September 1, 2020 to March 31, 2023).

PROPOSED PROJECTS NOT APPROVED
All proposed projects not approved by the Approval Authority members at the time of the initial application will be kept on file for consideration for future funding should any savings/unspent funds become available during the grant performance timeline. If and when the Approval Authority members select your project to be funded, you will be notified and instructions will be provided as to what requirements must be met.

GRANT REQUIREMENTS

LAW ENFORCEMENT
As in past years the grant requires that at least 25% of the HSGP funds be dedicated to law enforcement terrorism prevention activities.

PROJECT MILESTONE DEADLINES
In order to meet the State’s timeline and to ensure continuity of HSGP grant funding for the County, San Bernardino County OES requires subrecipients to complete the three milestones below for the project(s) during the life of the grant cycle. Failure to meet these milestones may result in denial of future fund requests until the project is back on track. Please also see the grant deadlines document.

Milestone Percentage Required Completion Date
First Milestone 30% December 31, 2021
Second Milestone 60% July 31, 2022
Third Milestone 100% March 31, 2023

FY20 HSGP Subrecipient Application Workbook

STATUS REPORTS
Status reports must be sent by each jurisdiction to the Grants Administration Unit prior to the deadlines listed below. Information obtained will be reported by the Grants Unit to the Cal OES and FEMA.

Reporting Period Report Due Date
7/1/2021-12/31/2021 1/05/2022
1/1/2022-6/30/2022 7/05/2022
7/1/2022-12/31/2022 1/05/2023

MODIFICATIONS
It is mandatory for all subrecipients to obtain preapproval from the Grants Administration Unit for any project modifications. The County (as the State’s subgrantee of the HSGP grant) is required to obtain preapproval from Cal OES for all project modifications, activity, and/or scope of work changes as described in the Cal OES State Supplement to the Federal NOFO. HSGP funds may only be expended for the intended purpose(s) for which they were requested and approved. Therefore, grant funds cannot be expended for projects that are modified without prior approval. Additionally, modification requests require a written justification, which explains in detail why the project is being changed.

Please contact the Grants Administration Unit for the required modification form and narrative.

Modified projects completed prior to Cal OES approval will be denied.

PROCUREMENT GUIDELINES
All jurisdictions must follow the procurement policy that encompasses all federal, state, and local procurement policies and procedures for the purchase of goods and services in accordance with applicable federal rules under the 2 C.F.R. Part 200.317-200.326. Jurisdictions must ensure that all procurement transactions are conducted in a manner providing full and open competition.

San Bernardino County Procurement Policy requires the following:

1. All procurement over $1,000 requires a competitive process.

2. A Noncompetitive Procurement Justification for all sole source purchases over $1,000 with documented attempts for solicitation (Bid Summary Form) must be submitted to the Grants Unit and pre-approved prior to purchase.

Subrecipients who do not follow San Bernardino County’s procurement policy must submit their jurisdiction’s procurement policy to the Grant’s Unit to ensure that all grant purchasing requirements are followed.

Written Quotes/Bids
San Bernardino County policy is that Subrecipients must document a minimum of three written price quotations/bids for purchases over $1,000. The award is made to the responsible firm whose proposal is most advantageous for the program with price and other factors to consider. Subrecipients should adhere to their own procurement policies if their policies are more restrictive than the County’s policy.

Noncompetitive Procurement
Procurement by noncompetitive proposals (sole source) may be used only when the award of the contract is not feasible under small purchase procedures, sealed bids, or competitive proposals, and one of the following circumstances applies:

1. The item is available only from one source;

2. After solicitation of at least three resources, competition is determined to be inadequate.

FY20 HSGP Subrecipient Application Workbook

In concurrence with 2 CFR part 200.317 - 200.326, Cal OES requires the Operational Areas and its subrecipients encompass all federal, state, and local procurement policies for noncompetitive procurement. San Bernardino County requires pre-approval on all noncompetitive procurement over $1,000. If the Subrecipient’s local policy is more restrictive than San Bernardino County’s policy, then the subrecipient must follow their own policy and submit all supporting documentation with their reimbursement packet.

Failure to obtain preapproval for noncompetitive procurement may result in the denial of the grant expenditure.

In addition, if the city/town/county’s policy requires that noncompetitive procurement be approved by the City Council or Governing Board prior to procurement, then that procedure must be followed. The supporting documents must be provided with reimbursement claims.

Cost Benefit Analysis
Subrecipients will need to provide a cost benefit analysis with the Request for Noncompetitive Procurement Authorization Form. The analysis will provide to Cal OES the justification/feasibility based on the comparison of the total expected costs of each bid/quote against the total expected benefits, to examine whether the benefits outweigh the costs. A Cost Benefit Analysis (CBA) must be submitted with the noncompetitive procurement requests.

Informal Quote. Invitation for Bid (IFB) and Request for Proposal (RFP) Informal Quotes are for purchases of low value goods, supplies, equipment, and services. San Bernardino County’s threshold for informal quotes is $4,999, which may be solicited by less formal means such as email, fax, informal correspondence, or internet as well as electronic procurement systems. Should the subrecipient’s local policy be more restrictive, then the subrecipient must follow their own policy for informal quotes.

An IFB is used to solicit prices for goods, supplies, and equipment where the exact need is known based on definitive specifications. The IFB provides a clear and accurate description of the material or products to be procured. The description must not contain unreasonable features that restrict the competition. Jurisdictions must ensure that all procurement transactions are conducted in a manner providing full and open competition. Some situations considered to be restrictive of competition include, but are not limited to:
• Placing unreasonable requirements on firms in order for them to qualify to do business;
• Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or affiliated companies; • Organizational conflicts of interest;
• Specifying only “brand name” instead of allowing “an equal” product to be offered and describing the performance of other relevant requirements of the procurement; and
• Any arbitrary action in the procurement process.

Jurisdictions may not use statutorily or administratively imposed local geographical preference in the evaluation of bids or proposals. (See 2 C.F.R. 200.37-200.326).

A jurisdiction that uses a consulting firm to write the specifications for a contract bid/proposal cannot award the contract to the same consulting firm due to a conflict of interest.

FY20 HSGP Subrecipient Application Workbook

Formal Advertising and Request for Proposals (RFP)
Procurement by Sealed Bids/Invitation for Bids require the subrecipient to formally advertise in a widely circulated publication; bids are solicited from an adequate number of qualified sources; and a firm-fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all material items and conditions of the bid and is the lowest price. See (2 C.F.R. 200.37-200.326 (d) (3) for additional guidance). Subrecipients must document a minimum of three responsible bids and proof of advertisement and solicitation efforts must be forwarded to the Grants Administration Unit with your reimbursement claim.

An RFP is used for the purchase of services where evaluation criteria may include qualification and experience, technical and functional specifications, cost, financial stability, and references. The RFP is sent to all registered vendors for the applicable product. The award is made to the vendor whose proposal is most advantageous.

Note: All training consultant/contractor purchases must be solicited through a competitive procurement process.

Failure to adhere to the above procurement processes may result in a delay in processing your request and possible denial of your reimbursement.

SUPPLANTING
Federal funds may not supplant, replace, or offset local funds. HSGP funds cannot be used to supplement the amount of funds that, in the absence of federal funds, would be made available for purposes consistent with the Homeland Security Grant Program. Per grant guidance, subrecipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.

EQUIPMENT
Funds for equipment must be used to enhance the capabilities of state and local emergency response agencies and all equipment must be identified by an Authorized Equipment List (AEL) number. The HSGP grant has 21 authorized equipment categories under the AEL and, as in previous years, the AEL is presented as follows:

1. Personal Protective Equipment

2. Explosive Device Mitigation and Remediation Equipment

3. CBRNE Operational and Search and Rescue Equipment

4. Information Technology

5. Cyber Security Enhancement Equipment

6. Interoperable Communications Equipment

7. Detection

8. Decontamination

9. Medical

10. Power

11. CBRNE Reference Materials

12. CBRNE Incident Response Vehicles

13. Terrorism Incident Prevention Equipment

14. Physical Security Enhancement Equipment

15. Inspection and Screening Systems

16. Animals and Plants

17. CBRNE Prevention and Response Watercraft

18. CBRNE Aviation Equipment

19. CBRNE Logistical Support Equipment

20. Intervention Equipment

21. Other Authorized Equipment

FY20 HSGP Subrecipient Application Workbook

NOTE: USE TAXES
Effective immediately, the Grants Administration Unit will not reimburse for use taxes without a proper proof of payment.

AUTHORIZED EQUIPMENT LIST (AEL)
To obtain the appropriate AEL authorized number, please check on the following web site:
https://www.fema.gov/authorized-equipment-list .

COMMUNICATION EQUIPMENT
Subrecipients using FY20 HSGP funds to support emergency communications activities must comply with the FY2020 SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

PHARMACEUTICAL SUPPLIES
Special rules apply to pharmaceutical purchases and medical counter measures. Prior to procuring pharmaceuticals, subrecipients must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. This will also include antibiotics and antidotes for nerve agents, cyanide, and other toxins. Purchase of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year period of performance for HSGP. The plan must be submitted to the Grants Unit and preapproved by FEMA prior to incurring any cost. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period.

EHP’s
Any equipment that requires installation is subject to the Environmental Planning and Historic Preservation (EHP) requirements. Outdoor training/exercise activities are also subject to the EHP requirements. Subrecipients must complete and submit the required EHP Screening Form to the Grants Administration Unit for approval of Cal OES and FEMA. It is mandatory that all EHP forms be approved by FEMA and Cal OES prior to incurring any project costs. Refer to the Federal Notice of Funding Opportunity, State Guidance and FEMA Preparedness Grants Manual for information regarding the EHP Screening Form and other required documents.

PLANNING/ORGANIZATION PROJECTS
In accordance with 2 C.F.R. § 200.430, Planning/Organization personnel must track actual hours worked on planning and organization projects. Required supporting documentation consists of the following:

1. Functional timesheets or signed payroll activity reports showing how many hours of the week were dedicated to the planning project;

2. Proof of Payment (Copy of paycheck is preferred or payroll registers with definition of codes with private information blocked out);

3. TLR’s (Time, Labor Reports-showing Total Actual Hours worked for the pay period).

4. Benefit cost analysis of actual benefit costs for the reporting period, if applicable.

Weighted or estimated benefit costs are not allowable and will not be reimbursed.

5. Proof of hourly rate that is being calculated as project costs.

The grant will reimburse for salary and benefits for ACTUAL hours worked on planning or organization projects. Benefits should be calculated with actual benefits for the reporting period.

Benefits must be calculated for each reporting (pay) period as benefit costs may fluctuate.

For more information regarding allowable benefit costs, Refer to 2 C.F.R § 200.431 Compensation-fringe benefits.

FY20 HSGP Subrecipient Application Workbook

PLANNING DELIVERABLES OR FINAL PRODUCTS
Planning deliverables may include, but are not limited to:

1. Procedure Manuals

2. Policy Procedures

3. Standard Operating Procedures (SOP’s)

4. Reports

5. Templates

6. Plans

7. Guideline Manuals

8. Directive Manuals

9. Operating Manuals

10. Official Procedures

11. Newsletters

12. Training Manuals (Participants and Instructor)

Planning reports must be considerable and substantial in their contents and must be associated to the planning deliverables listed on the proposed projects. The amount of grant funds received for the planning project must justify the outcome of the delivery report.

CONTRACTOR/CONSULTANT
Contractors and Consultant services are allowable under the HSGP. Contract and procurement awards must be made to the responsible contractor or vendor whose bid or offer is most advantageous to the project. The methods of contracting are as follows:
a) Formal Advertising
b) Invitation for Bid (IFB)
c) Request for Proposal (RFP)

Consideration should be given to such matters as contractor integrity, record of past performance, financial and technical resources, and/or accessibility to the necessary resources.

A bidder is considered responsible when it has been established that the contractor meets the necessary requirements for the project and is otherwise qualified and eligible.

NOTE: Subrecipients must verify PRIOR to entering into the contract that the independent contractor or consultant services has not been suspended or debarred from participation in receiving federal awards. A dated screen printout must be obtained from the web site www.sam.gov as proof for reimbursement requests.

All contract agreements must be prepared in accordance with existing State contract provisions and policies and clearly define the responsibilities of all parties, as per 2 C.F. R. 200.317 - 200.326 and Appendix II to Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,

SAM SUSPENSION AND DEBARMENT
Subrecipients are required to obtain verification that the contractor or vendor selected is not debarred or suspended at the time of the award. The subrecipient must search the www.sam.gov website to verify that the vendor and/or contractor is not debarred or suspended from programs or activities involving f ederal financial and non-financial assistance. Vendor registration in SAM.gov is not required. However, vendor must not be debarred, suspended, or excluded from receiving federal funds, which will be verified in the search. Subrecipients receiving federal funds must certify that they will adhere to Federal Executive order 12549, Debarment and Suspension. Subrecipients will not make any awards or enter into any contract with parties that are debarred, suspended, or otherwise excluded or ineligible for participation in federal programs and activities.

FY20 HSGP Subrecipient Application Workbook

The SAM.gov screenshot must be printed prior to hiring the vendor/contractor and must be submitted to Grants Administration Unit with the request for reimbursement. Failure to provide this information may result in a delay in processing your request and possible denial of your claim.

VEHICLE PURCHASES
As a result of numerous inquiries regarding the use of vehicles purchased with Homeland Security funds, the following guidance is being provided regarding authorized use of these vehicles:
1) A performance bond must be obtained for all vehicle, watercraft, and aircraft purchases. 2) For the purposes of the HSGP the vehicle identification is: A means of transportation to be used for CBRNE response equipment and personnel to the incident site. A list of authorized HSGP vehicles can be found through FEMA’s Authorized Equipment List. 3) Vehicle licensing, registration and general maintenance fees are the responsibility of the subrecipient and are NOT allowable with grant funds.
4) All vehicles purchased with HSGP funds must be tagged and be part of the subrecipient inventory control.

When subrecipients submit a proposal to purchase a vehicle, your agency must submit a justification and identify which of the subcategories under CBRNE Response Vehicle the purchase relates to. Also, your agency must be able to demonstrate how the purchase of the CBRNE Response Vehicle complies with the HSGP Strategy. Vehicles must be assigned to the Duty Officer or first responder who will respond to a given incident when required to provide response to any emergency event.

PERFORMANCE BOND
Subrecipients are required to obtain a performance bond for any equipment item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with Homeland Security Grant dollars. A copy of the performance bond must be submitted to the Grants Administration Unit with your reimbursement claim. Failure to obtain the required performance bond will result in the disallowance of your HSGP project. Subrecipients may request a performance bond waiver which will be reviewed by Cal OES on a case-by-case basis.

UNALLOWABLE COSTS
Equipment purchased with HSGP funds cannot be charged to other federal grants to overcome fund deficiencies. Subrecipients will ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Refer to Federal NOFO and State Supplemental for unallowable costs.

ADDITIONAL FORMS
All other forms must be preapproved by Cal OES prior to incurring any costs. • EHP Form
• Request for Noncompetitive Procurement Form (Sole Source Vendor) • Aviation Request Form
• Watercraft Request Form
• Controlled Equipment Request Form

REIMBURSEMENT CLAIMS
Reimbursement shall be based upon authorized and allowable expenditures consistent with the approved project. All expenditures must be supported with the following source documentation:
• Signed Reimbursement form
• Copy of invoices. Must be legible
• Three written quotes or Noncompetitive Procurement Authorization Form

FY20 HSGP Subrecipient Application Workbook

• Screenshot of the SAM.gov vendor search results
• Proof of payment. Copy of front and back of the cancelled checks or credit card statement with proof of payment to the credit card company • Copy of City Council Minutes (if applicable)
• At least one clear picture of each grant purchased equipment (serial number or other ID displayed).

Note: For each solution area reimbursement claim, please see Grants-Reimbursement Request – Check List.

PROOF OF PAYMENTS
ALL Subrecipients are required to submit copies of the front and the back of cancelled checks, as proof of payment for HSGP grant related expenditures. Subrecipients that paid their vendors through an electronic fund transfer (EFT) must submit copy of the EFT transfer as proof of payment. The EFT transfer must include the name of the vendor/recipient of the transfer, the amount transferred, date of transfer and name of the jurisdiction doing the transfer. Credit card purchases must be accompanied with the receipt, the credit card statement and proof of payment to the credit card company for the corresponding statement.

GRANT MONITORING

JURISDICTIONAL GRANT MONITORING
As per new regulations under 2 CFR part 200.330 - 200.332, the Grants Administration Unit will be enforcing monitoring of subrecipient’s project activity. Grant activities (both desk review and on-site) are reviewed during monitoring visits. These reviews may include, but are not limited to:

 Eligibility of Expenditures
 Project Activities
 Reimbursement Requests
 Modification Request
 Grant Status/Performance Reports
 Equipment
 Equipment Inventory Control Reports
 A review of the Corrective Action Plan (CAP) of the subrecipient’s Single Audit Report (if there is a finding on the report) in correspondence with A-133.

The Grants Administration Unit will schedule site visits with subrecipients.

INVENTORY CONTROL
Subrecipients must comply with all requirements set forth in 2 C.F.R. Part 200.313 for the active tracking and monitoring of property/equipment purchased with HSGP funds. Subrecipients must account for and reconcile inventory with the SB County OES Grants Administration Unit’s property records prior to deployment and at each scheduled inventory inspection. Subrecipients will develop and maintain a control tracking system to ensure adequate safeguards to prevent loss, damage, or theft of grant funded equipment. When equipment purchased with grant funds is no longer needed or will be retired, subrecipients will request disposition instructions from SB County OES Grants Administration Unit. If items are damaged, lost, stolen, or retired, subrecipients will provide an explanation on the Equipment Disposition Request/Report form of how the damage happened and the subrecipient’s plan in preventing damage from occurring in the future.

FY20 HSGP Subrecipient Application Workbook

GRANT PROJECT CLOSEOUT
All projects must be completed by the end of the performance milestone. Supporting documentation must be kept and equipment must be tracked by the subrecipients until notified otherwise by the Grants Administrative Unit.

RECORDS RETENTION
Subrecipients are required to maintain accurate, complete, orderly, and separate records for each grant year. All supporting documentation pertaining to the administrative, programmatic, and financial management of the grant award must be retained by the subrecipient for at least three years following Cal OES’s closeout of the Federal/State grant period including the resolution of any monitoring/audit findings. The Grants Administration Unit will notify all jurisdictions when to dispose of the supporting documentation for prior grant years, after Cal OES has provided authorization to dispose. If any jurisdiction is under audit review and there are any negative audit findings under the Homeland Security Program Grant funding, they must notify SB County OES – Grants Unit as soon as possible.

COUNTY OF SAN BERNARDINO HSGP PROGRAM CONTACTS:

Brent Martin, Emergency Services Manager
E-mail: [email protected]
Phone: (909) 356-3998

Vacant, Asst. Emergency Services Manager
E-mail:

Phone: (909) 356-3943

Tina Sutera, Staff Analyst II
Grants Administration Unit
Email: [email protected]
(909) 356-3910

FY20 HSGP Subrecipient Application Workbook

~ PROCEED TO CERTIFICATION AND ACKNOWLEDGEMENT ON NEXT PAGE ~

FY20 HSGP Subrecipient Application Workbook

SAN BERNARDINO COUNTY OPERATIONAL AREA
FY2020 HOMELAND SECURITY GRANT PROGRAM

APPLICATION WORKBOOK CERTIFICATION

I, _____________________________________________________________ as the Authorized Agent

for ____________________________________________________________________JURISDICTION, certify that our jurisdiction has read and acknowledges the Homeland Security Grant Program (HSGP) guidelines specified in the document hereof.

Project Manager Signature Date

Authorized Agent Signature Date
Print Name
Print Name

FY 2020 HOMEL AND SECURITY GR ANT
Project Narrative

Applicant (agency/organization) Upland Police Department NOTE: Complete a separate Project Description for each proposed project.

Project Title: Tactical Response Team

AEL No. 19GN-00-BGPK AEL Title: Bags/Packs

Indicate the State Investment Strategies Supported by the Project:
☐ IJ #1: Strengthen Capabilities of the State Threat Assessment System (STAS)

 IJ #2: Protect Critical Infrastructure and Key Resources

☐ IJ #3: Enhance Cybersecurity

☐ IJ #4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment
☐ IJ #5: Enhance Medical and Public Health Preparedness

☐ IJ #6: Preventing Violent Extremism Through Multi-Jurisdictional/Inter- Jurisdictional Collaboration and Coordination
☐ IJ #7: Enhance Community Resilience, Including Partnerships With Volunteers

And Community Based Organizations and Programs
☐ IJ #8: Strengthen Information Sharing and Collaboration

☐ IJ #9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All Hazards Incident Planning, Response & Recovery Capabilities
☐ IJ #10: Homeland Security Exercise, Evaluation and Training Programs

Provide a detailed description of the proposed project and how it supports the IJ indicated above.

NOTE: Complete a separate Project Description for each proposed construction/renovation project.

For construction and renovation projects, provide the following additional information:

 A description and location of the facility:
 A description of the vulnerability assessment and the date the assessment was conducted (the assessment does not have to be submitted with the application):
 A description of how the proposed project will address the vulnerabilities identified in the assessment:

 A description of the consequences if the project is not funded under HSGP FY2020:

FY 2020 HOMEL AND SECURITY GR ANT
Project Narrative

 Provide a detailed description on how you plan to manage your proposed project.

 Provide a performance timeline for your proposed project. Make sure that the timeline you are proposing is “reasonable.”

 Indicate if your proposed project will be procured through “sole source” and/or is an EOC project, subject to the EHP, FBI requirement, or Safecom Guidance.

Please check the appropriate box:

☐Our agency/organization currently has spending authority for the requested funds.

Our agency/organization does not currently have spending authority for the requested funds.

See below for explanation:

Upon approval of the grant application by the issuing authority, a staff report will be presented to the Upland City Council to authorize the acceptance of the grant and approve the expenditure of funds. The City Council has always been supportive of this type of endeavor.

FY 2020 HOMEL AND SECURITY GR ANT
Project Narrative

Applicant (agency/organization) Upland Police Department NOTE: Complete a separate Project Description for each proposed project.

Project Title: Tactical Response Team

AEL No. 01LE-01-SHLD AEL Title: Shield, Ballistic, Protection Against Small Arms

Indicate the State Investment Strategies Supported by the Project:
☐ IJ #1: Strengthen Capabilities of the State Threat Assessment System (STAS)

 IJ #2: Protect Critical Infrastructure and Key Resources

☐ IJ #3: Enhance Cybersecurity

 IJ #4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment
☐ IJ #5: Enhance Medical and Public Health Preparedness

☐ IJ #6: Preventing Violent Extremism Through Multi-Jurisdictional/Inter- Jurisdictional Collaboration and Coordination
☐ IJ #7: Enhance Community Resilience, Including Partnerships With Volunteers

And Community Based Organizations and Programs
☐ IJ #8: Strengthen Information Sharing and Collaboration

☐ IJ #9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All Hazards Incident Planning, Response & Recovery Capabilities
☐ IJ #10: Homeland Security Exercise, Evaluation and Training Programs

Provide a detailed description of the proposed project and how it supports the IJ indicated above.

NOTE: Complete a separate Project Description for each proposed construction/renovation project.

For construction and renovation projects, provide the following additional information:

 A description and location of the facility:
 A description of the vulnerability assessment and the date the assessment was conducted (the assessment does not have to be submitted with the application):
 A description of how the proposed project will address the vulnerabilities identified in the assessment:

 A description of the consequences if the project is not funded under HSGP FY2020:

FY 2020 HOMEL AND SECURITY GR ANT
Project Narrative

 Provide a detailed description on how you plan to manage your proposed project.

 Provide a performance timeline for your proposed project. Make sure that the timeline you are proposing is “reasonable.”

 Indicate if your proposed project will be procured through “sole source” and/or is an EOC project, subject to the EHP, FBI requirement, or Safecom Guidance.

Please check the appropriate box:

☐Our agency/organization currently has spending authority for the requested funds.

Our agency/organization does not currently have spending authority for the requested funds.

See below for explanation:

Upon approval of the grant application by the issuing authority, a staff report will be presented to the Upland City Council to authorize the acceptance of the grant and approve the expenditure of funds. The City Council has always been supportive of this type of endeavor.

FY 2020 HOMEL AND SECURITY GR ANT
Project Narrative

Applicant (agency/organization) Upland Police Department NOTE: Complete a separate Project Description for each proposed project.

Project Title: Tactical Response Team

AEL No. 03OE-02-TILA AEL Title: Optics, Thermal Imaging and/or Light Amplification

Indicate the State Investment Strategies Supported by the Project:
☐ IJ #1: Strengthen Capabilities of the State Threat Assessment System (STAS)

 IJ #2: Protect Critical Infrastructure and Key Resources

☐ IJ #3: Enhance Cybersecurity

 IJ #4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment
☐ IJ #5: Enhance Medical and Public Health Preparedness

☐ IJ #6: Preventing Violent Extremism Through Multi-Jurisdictional/Inter- Jurisdictional Collaboration and Coordination
☐ IJ #7: Enhance Community Resilience, Including Partnerships With Volunteers

And Community Based Organizations and Programs
☐ IJ #8: Strengthen Information Sharing and Collaboration

☐ IJ #9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All Hazards Incident Planning, Response & Recovery Capabilities
☐ IJ #10: Homeland Security Exercise, Evaluation and Training Programs

Provide a detailed description of the proposed project and how it supports the IJ indicated above.

NOTE: Complete a separate Project Description for each proposed construction/renovation project.

For construction and renovation projects, provide the following additional information:

 A description and location of the facility:
 A description of the vulnerability assessment and the date the assessment was conducted (the assessment does not have to be submitted with the application):
 A description of how the proposed project will address the vulnerabilities identified in the assessment:

 A description of the consequences if the project is not funded under HSGP FY2020:

FY 2020 HOMEL AND SECURITY GR ANT
Project Narrative

 Provide a detailed description on how you plan to manage your proposed project.

 Provide a performance timeline for your proposed project. Make sure that the timeline you are proposing is “reasonable.”

 Indicate if your proposed project will be procured through “sole source” and/or is an EOC project, subject to the EHP, FBI requirement, or Safecom Guidance.

Please check the appropriate box:

☐Our agency/organization currently has spending authority for the requested funds.

Our agency/organization does not currently have spending authority for the requested funds.

See below for explanation:

Upon approval of the grant application by the issuing authority, a staff report will be presented to the Upland City Council to authorize the acceptance of the grant and approve the expenditure of funds. The City Council has always been supportive of this type of endeavor.

FY2020
Homeland Security Grant Program
Cal OES
Investment Justifications

The State has prioritized the following investment strategies for the FY2020 award.

Please note that Investment Justification #1 (IJ #1) is to be used to report on Regional Threat

Assessment Center activities only.

☐ IJ #1: Strengthen Capabilities of the State Threat Assessment System (STAS)

☐ IJ #2: Protect Critical Infrastructure and Key Resources

☐ IJ #3: Enhance Cybersecurity

☐ IJ #4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment
☐ IJ #5: Enhance Medical and Public Health Preparedness

☐ IJ #6: Preventing Violent Extremism Through Multi-Jurisdictional/Inter- Jurisdictional Collaboration and Coordination
☐ IJ #7: Enhance Community Resilience, Including Partnerships With Volunteers

And Community Based Organizations and Programs
☐ IJ #8: Strengthen Information Sharing and Collaboration

☐ IJ #9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All Hazards Incident Planning, Response & Recovery Capabilities
☐ IJ #10: Homeland Security Exercise, Evaluation and Training Programs

S T A F F R E P O R T
I T E M N O . 10.G .

D A T E :M ay 9 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , A S S I S TA N T C I T Y M A N A G E R

R I C H A R D J E G A N A T H A N , I N F O R M A T I O N T E C H N O LO G Y M A N A G E R S U B J E C T :C O N S I D E R A P P R O V A L O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H S I D E PA T H , I N C . F O R T H E U P D A T E A N D

R E P L A C E M E N T O F V I RT U A L S E R V E R E N V I R O N M E N T

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed t hat th e C it y C ou ncil ap p rove an ag reem en t with S id ep at h, I nc. u nd er the N ational A ssociation of S tat e P roc urem en t O ffic ial s (N A S P O ) V alu ep oi n t coop erative ag reem en t, C ont rac t N o. M N W N C-1 08 to p rovid e contract s ervi ces for th e p rocurem en t, d esig n, an d im p lem en tat ion of an u p d ated virtual server environ m en t i n th e am oun t of $4 87 ,72 5.0 9; an d au th orize the C ity M an ag er to execute th e ag reem en t.

G O A L S T A T E M E N T
Th e p rop os ed act ion sup p orts th e C it y’s g oal to p rovid e st aff wi th the resou rc es need ed to d eliver efficien t services to the C ity of Up lan d resid en ts.

B A C K G R O U N D
Th e I nform ation Tech nolog y D ivision m an ag es the C ity's d ata center environ m en t, in clud in g th e i n frast ru ct u re, eq u ip m en t, soft w are an d servic es n ecessary t o m ai nt ain t h e C it y's virtu al server en vi ron m en t. T he C it y op erates over 75 virtu al servers su p p ort in g op erat ion s an d core b u siness fu n c ti on s across d ep artm en t s. Th e C i ty's cu rrent server envi ron m en t w as im p lem en ted b eg in n i n g i n 20 16 an d several com p on ent s of th at en vi ron m en t w il l reach end of su p p ort in 20 22 , req uiring rep lacem en t in ord er to en su re contin uity of op eration s for th e city.

I S S U E S /A N A L Y S I S
I n reviewing c u rren t tech nolog y offeri ng s, st aff recom m end s im p l em en ti ng a h yp ercon verg ed server en vironm ent , wh ich red u ces the am oun t of eq u ip m en t an d th e com p l exit y in ou r virtu al server en vironm ent . To ensure op erati onal con ti n u it y, staff recom m en d s im p l em en ti n g D ell's hyp erconverg e solut ion wi th V M W are virtualized servers. T h i s st rat eg y p rovid es t he m os t risk- averse m et hod of t ran sferri ng the C it y's existin g vi rt ual server envi ron m en t to n ew h ard w are w hile m od ern i zi n g i nfrast ru ct ure t o m axi m i ze th e val ue of th e C it y's investm ent m ovin g forward .

S ection 7 D of U p l an d 's A d m in istrative Poli cy and P roced u re over P u rc h as in g p rovid es an excep tion for t h e form al b i d p roc ess for p ri ces q u oted th rou g h a com p et it ive b id d ing p rocess b y an oth er p u b li c ag en cy. T h e p ricin g i n t h i s p rop osed s taff rep ort w as ob tai ned th rou g h a N ational A ssociation of S tat e P roc urem en t O ffic ial s (N A S P O ) V alu ep oi n t coop erative ag reem en t, an d thu s m eets th e req uirem ents of the p urch asing p olicy.

S taff recom m en d s u ti li zi ng S id ep at h , I nc. as a n am ed res ell er u nd er th e D el l N A S P O C ontract N o. M N W N C-1 08 an d E M C N A S P O C ont ract N o. M N W N C-1 09 d u e t o th eir extensive exp erien ce in d esig n in g , installing , and m ig rating V M Ware/D ell virtu al server environ m en ts.

F I S C A L I M P A C T S
F u nd s were ap p rop riat ed at m id -year in F u n d 72 3 to cover th e $48 7,7 25 .09 exp ense. N o ad d ition al ap p rop riation is necessary.

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Professional services agreement

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of April 25th, 2022 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 Sidepath, Inc.a S Coporation with its principal place of business at 22892 Mill Creek Dr, Laguna Hills, CA 92653 (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:

To provide contract services for the procurement, design and implementation of an updated virtual server environment
(hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $487,725.09. 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.

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

3. Additional Work.

2 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. Time of Performance
The term of this Agreement shall be from 05/10/2022 to 12/01/2022, 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”).

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care

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

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

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

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

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In 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.

4 (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability

5 (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.

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

7 h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

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

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees

8 and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

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

9 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 Krunal Patel as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

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

10 21. Notice

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

DISTRICT:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
CONSULTANT:

Sidepath, Inc.
22892 Mill Creek Dr.

Laguna Hills, CA - 92653

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

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

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

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

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

11 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.
[SIGNATURES ON FOLLOWING PAGE]

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND SIDEPATH, INC.

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

CITY OF UPLAND Sidepath, Inc.

By: By:

Michael Blay
City Manager Its:

Printed Name:
(Two Signatures of Corporate Officers Required
For Corporations)
By:

Its:

Printed Name:

ATTEST:

By:

Keri Johnson
City Clerk

APPROVED AS TO FORM:

By:

Stephen P. Deitsch
City Attorney

13 EXHIBIT A
Scope of Services

Service Description

Please note the pricing and other terms and conditions proposed in this Agreement are only valid for 30 calendar days from Sidepath’s initial presentation of this Agreement.

City of Upland
Sidepath Service Description
Datacenter Refresh

Sidepath
Account Executive: Krunal Patel
Services Coordinator: Lauren Whitcomb

4.26.2022
Version: 1

Service Description

4.26.2022 - Version 1 Datacenter Refresh Page 2 1 PROJECT SPECIFICATIONS

1.1 SCOPE OF WORK
Sidepath will perform the work and deliver the Deliverables as described in this Agreement. Any and all additional work or Deliverables not specifically described in this Agreement will be addressed in separate written agreements. The following items are within the scope of work contemplated by this Agreement:

1.1.1 In-Scope Equipment
The following items are in scope for this agreement:
• Police Department
o Five (5) E660F VxRail cluster
o Two (2) S5212F network switches
• City Hall
o Five (5) E660FF VxRail cluster
o Two (2) S5212F network switches
• Up to fifteen (15) VMs Local and Remote RP4VM implementation

1.1.2 Work Locations
• Police Department
• City Hall

1.1.3 Scope Particulars
• Switches
o Conduct a preinstallation review
o Inventory equipment, unpack, and rack
o Install optional modules in switches, as applicable
o Mount rack related hardware into customer supplied and Dell supported rack o Mount switches into the rack
o Install and route power cables
o Power up switches
o Configure switches for stacking as applicable
o Configure customer-provided IP address, subnet mask and gateway information o Configure switches with up to five (5) VLANs, as applicable o Configure switches with up to five (5) link aggregations (eight (8) ports or less), as applicable o Configure redundant management module, as applicable
o Configure up to ten (10) static routes, as applicable o Use customer-provided interconnect cables to connect the switches into the network o Verify link connectivity
• VxRail
o Conduct pre-installation review to document environment, network and vCenter requirements o Inventory equipment, unpack, and rack
o Attach nodes to the customer network
o Configure the cluster utilizing VxRail Manager
o Verify code versions, upgrade as required
o Configure vRealize Log Insight for the logging server o Connect equipment to EMC Remote support via ESRS

Service Description

4.26.2022 - Version 1 Datacenter Refresh Page 3 • RP4VM
o Provide pre-requisite template
o Create necessary vLANs in switches and vCenter
o Replication design
▪ Identify VMs
▪ Determine recovery windows at source and target
▪ Document write activity and VM sizes
▪ Determine estimated journal entries
▪ Determine RP4VMs vRPA model, networking model, and quantity o Cluster Install
▪ Download ova and create vmkernels
▪ Build vRPAs
▪ Build Cluster
▪ Register Plug-in server
▪ License cluster
o Pilot test
▪ Build consistency groups
▪ Test replication via Test a Copy
▪ Monitor consistency group protection windows
• Closure
o As built documentation of deployed environments
o Knowledge Transfer:
▪ Up to four (4) hours onsite knowledge transfer
▪ Up to four (4) client engineers
The objective of the knowledge transfer is to review client specific product configurations and work flows and to provide enough information so the Client Staff is operationally efficient with specific deliverables in scope of this SOW. Knowledge transfer will be provided to:
▪ Review As-Built Designs and Documentation
▪ Provide an overview of administrative and operational functions *Please note: Knowledge Transfer is not a replacement for formal system training and certification.

1.1.4 Project Management
Formal Project Management services, such as maintaining a project plan, and managing external resources, are not included in this scope of work.

1.2 OUT OF SCOPE
The following items are outside the scope of Deliverables contemplated by this Agreement:
• Data migration
• Any specific tasks or deliverables not clearly stated in the scope above • All levels of support.
• Creation of virtual machines
• Installation and configuration of guest operating systems • Configuration, integration, or troubleshooting of
o network services (DHCP, AD, SSO)
o Fibre Channel switches

Service Description

4.26.2022 - Version 1 Datacenter Refresh Page 4 o existing storage services
o non-VMware management solutions
o security solutions not listed above
• Design, planning, deployment, configuration and troubleshooting of previous existing vSphere environment • Troubleshooting of existing virtual machines (VMs) performance or configuration issues

1.3 ASSUMPTIONS AND CONSTRAINTS

1.3.1 Services Assumptions
The following general assumptions will apply to the performance and delivery of the Deliverables:
• Prior to the Project Start Date, Client will perform a backup of all Client data to be affected or impacted by the Project.
• If requested by Sidepath, Client will provide a Sidepath field engineer with remote access to Client's IT environment with access to in-scope devices from a secure remote location. When feasible, Sidepath will complete all Project work remotely (a) over remote screen-sharing sessions with the parties’ resources, or (b) over a VPN connection with Sidepath resources.
• This Agreement will apply to Sidepath's provision of Services and/or Equipment to Client. • Except as may be acquired under a separate support or service agreement, Sidepath will not be responsible to Client for any application or host system access that encompasses coding, scripting, installation, patching, application analysis, system performance, troubleshooting, or applications logins outside the scope of the Deliverables contemplated by this Agreement.
• Changes to this Agreement will be mutually agreed to and documented in writing.

1.4 RESPONSIBILITIES

1.4.1 Sidepath Responsibilities
During the Term, Sidepath will undertake the following responsibilities reasonably applicable to the performance and delivery of the Deliverables:
• Sidepath will submit written reports to Client regarding the status of the performance and delivery of the Deliverables as mutually agreed upon by the parties.
• Sidepath will provide Client a lead contact person for the Project (the "Sidepath Project Lead") with such qualifications, expertise, and knowledge necessary and applicable for Sidepath to fulfill its obligations under this Agreement.

1.4.2 Client Responsibilities
During the Term, Client will undertake the following responsibilities reasonably applicable to the performance and delivery of the Deliverables:
• Client will provide Sidepath personnel assigned to work at Client's premises reasonable use of Client's facilities.

Prior to the Project Start Date, Client will complete all necessary facilities arrangements, including, but not limited to, providing reasonable access to such items as power, network connections, floor and rack space, and cooling.

Such required facility arrangements will remain in place during the Term. • Client hereby grants Sidepath a limited, non-transferable license during the Term to use certain proprietary computer systems, technologies, and data owned by Client and its affiliates, which are necessary for Sidepath to perform and deliver the Deliverables.

Service Description

4.26.2022 - Version 1 Datacenter Refresh Page 5 • Client will make available to Sidepath knowledgeable Client personnel promptly upon a request from Sidepath via phone or e-mail to provide background information and clarification of information required by Sidepath personnel to perform and deliver the Deliverables.
• The documentation and information provided by Client to Sidepath personnel will be accurate, complete, and up- to-date.
• Client will be responsible for any business and data application testing and all necessary data backup in preparation for and during the performance and delivery of the Deliverables. • If required by Sidepath, Client will participate in testing as directed by Sidepath. • Client will provide Sidepath a lead contact person for the Project (the "Client Project Lead" and, together with the Sidepath Project Lead, the "Project Leads") with such qualifications, expertise and knowledge necessary and applicable to aid Sidepath to fulfill its obligations under this Agreement and who is authorized by Client to act as a liaison between the parties.
• Client will be responsible for validating all architecture is in agreement with all applicable industry compliance regulations.
• Client is responsible for ensuring proper licenses have been secured for all software to be integrated by Sidepath In the event Client's failure to perform, or delay in performance of, any of its responsibilities causes Sidepath to incur significant uncompensated expenses, Sidepath may notify Client of such nonperformance. In such case, Sidepath's obligation to continue its efforts to work around Client's failure to perform will be subject to Client agreeing to reimburse Sidepath for its incremental uncompensated expense.

1.5 DATA LIABILITY DISCLAIMER
Sidepath personnel and/or its authorized agents are trained and committed to exercise all possible efforts to safeguard your hardware, software, and data by observing standard protection procedures and utmost precaution in the performance of their work. Nonetheless, examination, replacement and handling of hardware components and/or relocation, installation, upgrade and reconfiguration of operating systems and software applications can be uncertain.

IN NO EVENT WILL SIDEPATH OR ITS PERSONNEL OR ITS AUTHORIZED AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN CONNECTION WITH, OR ARISING FROM THE WORKS PERFORMED ON THE

SYSTEM REFERENCED IN THIS SOW (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, APPLICATION PROGRAMS, USE, PROFITS OR OTHER ADVANTAGES, OR ANY REPLACEMENT OF DATA RECONSTRUCTION COSTS).

CLIENT IS RESPONSIBLE FOR PERFORMING AND VERIFYING A FULL BACKUP OF ALL DATA HAS BEEN COMPLETED PRIOR

TO THE COMMENCEMENT OF ANY WORK BY SIDEPATH OR ITS AUTHORIZED AGENT

Quotation
Date:04/05/2222892 Mill Creek Drive
Laguna Hills, CA 92653 Quotation #:SIDQ38333
Phone (949)748-8700; Fax (949)748-8706
www.sidepath.com
Valid Until:05/05/22
Prepared By:Kenna
Project ID:SIDPROJECT35513
Ship To:Bill To:

City of Upland City of Upland
Richard Jeganathan Attn:Richard JeganathanAttn:
460 N Euclid Ave
Upland, CA 91786
460 N Euclid Ave
Upland, CA 91786
Phone:(909) 931-4312 Phone:(909) 931-4312
Email:[email protected] Email:[email protected] Qty Item Code Description Unit Price Ext. Price
NASPO ValuePoint Contract # MNWNC-108. State Contract Number 7-15-70-34-003.

Contract Code WN03AGW/C000000181156. Reseller Code 98AHB SITE A
5 x VxRail E660F Nodes (5YR Pro Support Mission Critical) $38,152.51 per node
5 210-BBGQ VxRail E660F All Flash
5 329-BDWH PSNT Info
5 329-BGIM E660F Branding
5 379-BENB vSAN Node
5 379-BETD VxRail E660/F PV670F Firmware Lock
5 634-BZBH VxRail Software 7.0.320 Factory Install
5 379-BDYQ No Transformational License Agreement
5 321-BGKX 2.5" Chassis with up to 10 Hard Drives (SAS/SATA) including max of 2 Universal Drives, 1 PCIe Slot, 1 CPU
5 325-BEBP VxRail 1U Bezel V2
5 338-CBXJ Intel Xeon Gold 6326 2.9G 16C/32T 11.2GT/s 24M Cache Turbo HT (185W) DDR4-3200
5 374-BBBX No Additional Processor
5 370-AEVR 3200MT/s RDIMMs
40 370-AGDS 32GB RDIMM 3200MT/s Dual Rank 16Gb BASE
10 400-AZQO 800GB SSD SAS ISE Mix Use 12Gbps 512e 2.5in Hot-plug AG Drive 3 DWPD
15 400-BEWL 7.68TB SSD SAS ISE Read Intensive 12Gbps 512e 2.5in Hot-Plug AG Drive
5 540-BCRX Broadcom 57504 Quad Port 10/25GbE SFP28 OCP NIC 3.0 5 461-AAIG Trusted Platform Module 2.0 v3
5 770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar
5 450-AKLF Power Supply 1100W RDNT D, Mixed Mode
If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient.

No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Qty Item Code Description Unit Price Ext. Price
10 492-BBDH Jumper Cord - C13/C14 0.6M 250V 13A (North American Guam North Marianas Philippines Samoa)
5 149-BBLT VxRail VMware, vSAN Advanced, 5 Years
5 634-BYOZ VxRail HCI System Software A
15 634-BWZC VxRail HCI System software 7.68TB AG RI SSD Capacity Drive 40 634-BYME VxRail HCI System Software Memory 32GB
5 151-BBSV VxRail VMware vSphere Enterprise Plus for 1 processor, 5 Years 5 863-1708 ProSupport Mission Critical vSphere Ent Plus for 1 Proc Sftwr Spt-Maint
5 863-2093 ProSupport Mission Critical vSphere Ent Plus for 1 Proc Sftwr Spt-Contract
5 863-5521 Dell Harware Limited Warranty
5 864-4083 ProSupport Mission Critical 4-Hour 7x24 Onsite 5 864-4084 ProSupport Mission Critical 4-Hour 7x24 Onsite 5 864-4089 ProSupport Mission Critical 7x24 Technical Su... 5 975-3461 Dell Limited Hardware Warranty Extended Year(s) 5 989-3439 Thank you choosing Dell ProSupport. For tech support, visit // www.dell.com/support or call 1-800- 945-3355
5 379-BEWY Informational Purposes Only
5 825-8624 Certified Deployment Partner T2
5 343-BBQY R650 Dell/EMC label (BIS) for 2.5" Chassis
5 389-DYIB PowerEdge R650 CE,CCC and BIS Marking on 2.5" Chassis 5 379-BDSW SAS/SATA/NVMe Capable Backplane
5 340-CWLR E660/F Shipping DAO
5 340-CUQN R650 Ship 4x3.5, 10x2.5, 8x2.5 NVMe
5 379-BEID 10x2.5 Front Storage
5 330-BBVU VxRail E660/F Riser Config 0 1CPU 2A+3A 1x16LP 5 329-BFGW PowerEdge R650 Motherboard
5 412-AAVN Heatsink for 1 CPU configuration (CPU more than 165W) 5 370-AAIP Performance Optimized
5 780-BCQQ C35, No RAID, VxRail E660/F
5 405-AAXY Dell HBA355i Controller Front
5 750-ACFQ Front PERC Mechanical Parts for 2.5" x8 x10 x16 SAS/SATA or

2.5" NVMe Chassis
5 403-BCMB BOSS-S2 controller card + with 2 M.2 480GB (RAID 1) 5 403-BCNP BOSS Cables and Bracket for R650
5 385-BBQV iDRAC9 Enterprise 15G
5 379-BCQY iDRAC Group Manager Disabled
5 379-BCSG iDRAC Legacy Password
5 379-BCRB DHCP with Zero Touch Configuration
If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]

Qty Item Code Description Unit Price Ext. Price
5 750-ADIF 3 High Performance Fans for 1 CPU
5 350-BBXM No Quick Sync
5 387-BBEY No Energy Star
5 800-BBDM UEFI BIOS Boot Mode with GPT Partition
5 350-BCFX E660F Luggage Tag
$190,762.55 SubTotal
2 x S5212 (5YR Pro Support Mission Critical)
$6,434.32 per switch
2 210-APHZ Dell EMC S5212F-ON Switch 12x 25GbE SFP28 3x 100GbE QSFP28 ports PSU to IO air 2x PSU OS10
2 343-BBRX VLT Tech Sheet Document
2 343-BBLP Dell EMC S52XX-ON Series User Guide
2 634-BRXD OS10 Enterprise S5212F-ON
2 470-ABOU Dell Networking Cable 100GbE QSFP28 to QSFP28 Passive Copper Direct Attach Cable 0.5 Meter
10 470-ACES Dell Networking Cable SFP28 to SFP28 25GbE Passive Copper Twinax Direct Attach Cable 1 Meter
2 450-AASX Dell Networking Jumper Cord 250V 12A 2 Meters C13/C14 US 2 450-AASX Dell Networking Jumper Cord 250V 12A 2 Meters C13/C14 US 2 818-3530 Dell Hardware Limited Warranty 1 Year
2 818-3539 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch
2 818-3541 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch Extended to
2 818-3553 ProSupport Mission Critical:7x24 HW/SW Technical Support and Assistance
2 975-3461 Dell Limited Hardware Warranty Extended Year(s) 2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit // www.dell.com/support or call 1-800- 945-3355
2 997-6306 Info 3rd Party Software Warranty provided by Vendor 2 825-8624 Certified Deployment Partner T2
2 848-8545 ProSupport OS10 Enterprise Software Support-Maintenance $12,868.64 SubTotal
Dual Tray customer kit
1 $142.69 $142.69770-BDGR Dell NW Dual Tray 4-post S5212F-ON Customer Kit Recoverpoint for VM socket | 10 sockets
1 210-ARXY Data Protection Suite for VMWare
1 528-BFNM CloudBoost AWS Data Protection Suite Enabler 1 528-BFNN Data Protection Central for DPD
1 528-BFNO DPA Single Fed Reporting Server
1 528-BFNQ Data Protection Suite for VMware Avamar H Enabler If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]

Qty Item Code Description Unit Price Ext. Price
1 528-BFNR Data Protection Suite for VMware DPA Enabler 1 528-BFNT Data Protection Suite for VMware Search Enabler 1 528-BFOB NW 9.2+ Data Protection Suite Cap Enabler=CA 1 528-BFOC vRealize Data Protection Extension
1 823-4365 ProSupport Mission Critical Software Entitlement 1 929-3709 Thank you for Your Order
1 935-6720 Thank you for Your Order
10 823-4389 ProSupport Mission Critical Data Protection Suite for VMware 1 Socket
10 528-BFNY Data Protection Suite for VMware Sockets 5YR=IA 2 528-BFNP Data Protection Suite for Vmware 2TB AVE H Enabler=CA 10 528-BFNS Data Protection Suite for VMware RP4VM Enabler=IB 1 900-9997 On-Site Installation Declined
1 626-BBBG Storage Software Info
$12,770.00 SubTotal
SITE B
5 x VxRail E660F Nodes (5 YR Pro Support Mission Critical) $38,152.51 per node
5 210-BBGQ VxRail E660F All Flash
5 329-BDWH PSNT Info
5 329-BGIM E660F Branding
5 379-BENB vSAN Node
5 379-BETD VxRail E660/F PV670F Firmware Lock
5 634-BZBH VxRail Software 7.0.320 Factory Install
5 379-BDYQ No Transformational License Agreement
5 321-BGKX 2.5" Chassis with up to 10 Hard Drives (SAS/SATA) including max of 2 Universal Drives, 1 PCIe Slot, 1 CPU
5 325-BEBP VxRail 1U Bezel V2
5 338-CBXJ Intel Xeon Gold 6326 2.9G 16C/32T 11.2GT/s 24M Cache Turbo HT (185W) DDR4-3200
5 374-BBBX No Additional Processor
5 370-AEVR 3200MT/s RDIMMs
40 370-AGDS 32GB RDIMM 3200MT/s Dual Rank 16Gb BASE
10 400-AZQO 800GB SSD SAS ISE Mix Use 12Gbps 512e 2.5in Hot-plug AG Drive 3 DWPD
15 400-BEWL 7.68TB SSD SAS ISE Read Intensive 12Gbps 512e 2.5in Hot-Plug AG Drive
5 540-BCRX Broadcom 57504 Quad Port 10/25GbE SFP28 OCP NIC 3.0 5 461-AAIG Trusted Platform Module 2.0 v3
5 770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar
If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]

Qty Item Code Description Unit Price Ext. Price
5 450-AKLF Power Supply 1100W RDNT D, Mixed Mode
10 492-BBDH Jumper Cord - C13/C14 0.6M 250V 13A (North American Guam North Marianas Philippines Samoa)
5 149-BBLT VxRail VMware, vSAN Advanced, 5 Years
5 634-BYOZ VxRail HCI System Software A
15 634-BWZC VxRail HCI System software 7.68TB AG RI SSD Capacity Drive 40 634-BYME VxRail HCI System Software Memory 32GB
5 151-BBSV VxRail VMware vSphere Enterprise Plus for 1 processor, 5 Years 5 863-1708 ProSupport Mission Critical vSphere Ent Plus for 1 Proc Sftwr Spt-Maint
5 863-2093 ProSupport Mission Critical vSphere Ent Plus for 1 Proc Sftwr Spt-Contract
5 863-5521 Dell Harware Limited Warranty
5 864-4083 ProSupport Mission Critical 4-Hour 7x24 Onsite 5 864-4084 ProSupport Mission Critical 4-Hour 7x24 Onsite 5 864-4089 ProSupport Mission Critical 7x24 Technical Su... 5 975-3461 Dell Limited Hardware Warranty Extended Year(s) 5 989-3439 Thank you choosing Dell ProSupport. For tech support, visit // www.dell.com/support or call 1-800- 945-3355
5 379-BEWY Informational Purposes Only
5 825-8624 Certified Deployment Partner T2
5 343-BBQY R650 Dell/EMC label (BIS) for 2.5" Chassis
5 389-DYIB PowerEdge R650 CE,CCC and BIS Marking on 2.5" Chassis 5 379-BDSW SAS/SATA/NVMe Capable Backplane
5 340-CWLR E660/F Shipping DAO
5 340-CUQN R650 Ship 4x3.5, 10x2.5, 8x2.5 NVMe
5 379-BEID 10x2.5 Front Storage
5 330-BBVU VxRail E660/F Riser Config 0 1CPU 2A+3A 1x16LP 5 329-BFGW PowerEdge R650 Motherboard
5 412-AAVN Heatsink for 1 CPU configuration (CPU more than 165W) 5 370-AAIP Performance Optimized
5 780-BCQQ C35, No RAID, VxRail E660/F
5 405-AAXY Dell HBA355i Controller Front
5 750-ACFQ Front PERC Mechanical Parts for 2.5" x8 x10 x16 SAS/SATA or

2.5" NVMe Chassis
5 403-BCMB BOSS-S2 controller card + with 2 M.2 480GB (RAID 1) 5 403-BCNP BOSS Cables and Bracket for R650
5 385-BBQV iDRAC9 Enterprise 15G
5 379-BCQY iDRAC Group Manager Disabled
5 379-BCSG iDRAC Legacy Password
If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]

Qty Item Code Description Unit Price Ext. Price
5 379-BCRB DHCP with Zero Touch Configuration
5 750-ADIF 3 High Performance Fans for 1 CPU
5 350-BBXM No Quick Sync
5 387-BBEY No Energy Star
5 800-BBDM UEFI BIOS Boot Mode with GPT Partition
5 350-BCFX E660F Luggage Tag
$190,762.55 SubTotal
2 x S5212 (5YR Pro Support Mission Critical)
$6,434.32 per switch
2 210-APHZ Dell EMC S5212F-ON Switch 12x 25GbE SFP28 3x 100GbE QSFP28 ports PSU to IO air 2x PSU OS10
2 343-BBRX VLT Tech Sheet Document
2 343-BBLP Dell EMC S52XX-ON Series User Guide
2 634-BRXD OS10 Enterprise S5212F-ON
2 470-ABOU Dell Networking Cable 100GbE QSFP28 to QSFP28 Passive Copper Direct Attach Cable 0.5 Meter
10 470-ACES Dell Networking Cable SFP28 to SFP28 25GbE Passive Copper Twinax Direct Attach Cable 1 Meter
2 450-AASX Dell Networking Jumper Cord 250V 12A 2 Meters C13/C14 US 2 450-AASX Dell Networking Jumper Cord 250V 12A 2 Meters C13/C14 US 2 818-3530 Dell Hardware Limited Warranty 1 Year
2 818-3539 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch
2 818-3541 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch Extended to
2 818-3553 ProSupport Mission Critical:7x24 HW/SW Technical Support and Assistance
2 975-3461 Dell Limited Hardware Warranty Extended Year(s) 2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit // www.dell.com/support or call 1-800- 945-3355
2 997-6306 Info 3rd Party Software Warranty provided by Vendor 2 825-8624 Certified Deployment Partner T2
2 848-8545 ProSupport OS10 Enterprise Software Support-Maintenance $12,868.64 SubTotal
Dual Tray customer kit
1 $142.69 $142.69770-BDGR Dell NW Dual Tray 4-post S5212F-ON Customer Kit Professional Services and Installation
$45,000.00 $45,000.00SID-PS-SVC-FF-CUS-BAS Sidepath Professional Services: This is a custom fixed fee service.

A description of services may be provided in a separate Statement of Work or Service Description document
Payment Terms from Ship Date:Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote.

Product Total $465,317.76CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets.

Taxes $22,407.33
If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected]

Shipping $0.00
Grand Total $487,725.09
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms . The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.

Note: Sidepath does not collect sales tax for orders shipped out of the state of California. It will be the customer’s responsibility to report the tax as Sales & Use Tax.

Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient.

No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

S T A F F R E P O R T
I T E M N O . 10.H .

D A T E :M ay 9 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

J E S S I C A G A N D A R A , R E C R E A T I O N M A N A G E R S U B J E C T :C O N S I D E R A P P R O V A L O F A C O N T R A C T F O R T H E P R O C U R E M E N T

O F S H A D E S T R U C T U R E S F O R C I T Y PA R K S

R E C O M M E N D E D A C T I O N
I t is recom m end ed t hat th e C i ty C ou ncil ap p rove a c ont rac t for th e p rocu rem en t an d in stallation of two m et al shad e s tru c tu res at M ag n ol ia Park in t he am oun t of $2 30 ,51 3.9 5 (cost p lus 5 % c on t in g en cy); an d aut horize t he C i ty M an ag er to execu te th e c on t rac t an d p rovid e a 50 % d ep osit to th e vend or.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s the C i ty’s g oal of m aintain in g first rat e p arks an d recreation al faci li ti es t hu s en han cing t h e d esi rab il it y of t h e C it y as a p lace to live an d stren g then com m u nity im ag e.

B A C K G R O U N D
O n J anu ary 2 4, 2 02 2, th e C i ty C ou n ci l ap p roved th e acc ep t an c e of $53 5,0 00 in fu n d i n g from th e C ou n t y of S an B ern ard i n o th rou g h S up ervisor Ru t h erford 's al locati on of th e B oard of S u p ervisor's D i sc ret ion ary F u nd - D ist rict S p eci fic P riorities P rog ram for u p g rad es t o the M ag nolia Recreation C en ter, and M ag nolia an d G reenb elt Parks.

I S S U E S /A N A L Y S I S
H ostin g p arti es an d ot her s p ec ial even t s at p arks h as b een a l on g st an d in g p ractice in com m u nities across the coun try. Th e low-cost access to p icnic tab les an d p layg rou nd s is ap p ealing to fam ilies wish in g to host events in p arks, an d sh ad ed areas are a d esirab le am en ity. S taff freq uen tly receives req uests for c overed p ic n i c areas , an d often h as to sug g est

altern ative p arks w i th ou t sh ad e st ru ct u res b ecau se of th e l im it ed n u m b er of covered p icnic areas.

Th e C it y of U p lan d is fortu nate t o h ave an ab u nd ance of t rees in it s p arks, however enh ancin g altern ate p ark am enities wi th sh ad e s tru c tu res w ou l d p rovi d e b en efi ts in cl u d in g , b u t n ot lim ited to, p rol on g in g outd oor p l ay ti m e, keep ing am en it ies cool t o th e t ouch, an d p rovid in g p rotection from h arm ful U V rays. A d d i ti onal ly, ad d i n g sh ad e s tru c tu res to p ic n i c areas w ill enh ance th e am en ities and cou ld p rovid e an op p ortu nity for in creased reven ues.

E N V I R O N M E N T A L D E T E R M I N A T I O N

Th e p rocu rem ent an d i ns tal lat ion of t he m etal shad e st ru ct u res are n ot su b ject t o the C alifornia E n viron m en t al Q u ality A ct (C E Q A ) p ursu ant to S ec ti on 1 53 03 of t he C E Q A G uid elin es. T his section p rovid es a C ateg ori cal E xem p t ion (C las s 3) from C E Q A for sm all stru ctures.

F I S C A L I M P A C T S
B u d g et alread y exists in F u nd 2 17 (O ther G rant s) for th is p roject as a resu lt of S u p ervisor Rutherford 's all ocat ion from th e B oard of S up ervi sor's D iscretion ary F u n d , so no ad d ition al ap p rop riations are n eces sary at th is tim e. At th e req u est of t h e ven d or, d u e to fl uc tu ati on in m aterial p ric es an d sup p ly c h ai n i ss ues , a 5 0% d ep os it w ill b e i ssued to th e vend or after execu tion of the ag reem ent. Th ere will b e n o fiscal im p act to th e G eneral F un d .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Contract

CITY OF UPLAND

CONSTRUCTION CONTRACT

MAGNOLIA PARK SHADE STRUCTURES

1. PARTIES AND DATE.

This Contract is made and entered into this 25th day of April 2022 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 Innovative Playgrounds, Inc., a California Corporation with its principal place of business at 12407 E. Slauson Ave., Unit D, Whittier, CA, 90606 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Magnolia Park shade structure engineering plans, products, supplies, and installation, related construction 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 it is familiar with the plans of City.

2.3 Project. City desires to engage Contractor to render such services for the purchase and installation of two metal shade structures at Magnolia Park (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Payment and Performance Bonds as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Contractor’s Bid (Exhibit “B”)
 Payment and Performance Bonds (Exhibit “C”)
 Certification (Exhibit “D”)

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

2 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall c onstitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then

3 Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages.

3.3.1 Contractor shall perform and complete all Work under this Contract within three hundred (300) days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood,

4 acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of ($__N/A__) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.3.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.3.3 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 occurring at the project site; (2) terrorism or other acts of a p ublic 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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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 the City in its capacity as a municipal authority.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and 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 Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work 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 Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor 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 perform ance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations

5 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance

3.5.1 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.

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.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two Hundred Thirty Thousand Five Hundred Thirteen Dollars with Ninety Five Cents ($230,513.95) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. The City Manager may approve Additional 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 (Total Contract Price and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and

6 form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract 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.

3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and

7 Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is 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 claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work

8 more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the in tent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. 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.

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contract or’s performance of Work, 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 subject to any applicable liquidated damages 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.

9 3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work 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); local 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.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification

10 provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. 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 paragraph 3.9.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 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 Contract or the Work, 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 the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If 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 Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits,

11 Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.9.8 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 Califor nia Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their 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 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 Contract.

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

12 3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 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 before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

3.11.2 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.

3.11.3 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for:

3.11.3.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

13 3.11.3.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3.11.3.3 An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

3.11.5 Supporting Documentation: The Contractor shall submit all claims in the following format:

3.11.5.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

3.11.5.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.11.5.3 Chronology of events and correspondence

3.11.5.4 Narrative analysis of claim merit

3.11.5.5 Analysis of Claim cost, including calculations and supporting documents

3.11.5.6 Time impact analysis in CPM format

14 3.11.6 City’s Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.11.6.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.7 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.11.8.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.11.8.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or

15 by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.11.8.3 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.11.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.11.9 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.11.10.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.11.10.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.11 Government Code Claim Procedures.

3.11.11.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

16 3.11.11.2 In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3.11.11.3 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 adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

3.11.11.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.11.12 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work 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 Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 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 Contract, 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, or for defects in design furnished by those persons.

17 3.13.2 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, agents and authorized 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 authorized 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 authorized 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 authorized 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 Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract 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 Contract for cause.

3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by 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 Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 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 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

18 Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 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 Contract 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 Contract.

3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.