Upland City Council
July 11, 2022

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

A G E N D A
J u l y 1 1 , 2 0 2 2
C ity C ou n ci l C h a mbe r

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.

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 N o ne
* * * * * * * * * * * *
7:00 P M

5.I N V O C A T I O N
Retired Pastor M ark F ield s, U p land C om m u nity Resource C enter

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
Recog n ition of L ig ht Up th e N ig ht S p onsors
Recog n ition of S an B ern ard i n o C oun ty A s si st an t F ire C h ief D ave C orb i n u p on h is Retirem ent, servin g t he resi d en ts of U p lan d an d S an B ern ard in o C ou n t y for 3 2 years.

A d m in istration of the O ath of O ffice to Police C hief M arcelo B lanco

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 J u ne 27 , 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 19 64 A U T H O R I Z I N G T H E L E V Y O F S P E C I A L TA X E S I N 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 02 2-1 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 ance N o.1 96 4 an O rd in an c e of the C ity C ou ncil of th e C it y of Up lan d act in g as t he leg islative b od y of C om m u n i ty Facilities D i st ri ct N o. 20 22 -1 (E n cl ave at U p l and ) of th e C ity of U p l an d , au th ori zi n g t he levy of sp ecial t axes i n su ch C om m u ni ty Fac il it ies D istrict, (S t aff Person :

S tep h en Parker)
C .2 N D R E A D I N G O F O R D I N A N C E 1 96 5 R E Q U I R I N G A S U P E R M A J O R I T Y

V OT E O F T H E C I T Y C O U N C I L TO H I R E O R F I R E A C I T Y M A N A G E R O R

C I T Y A TTO R N E Y D U R I N G A L A M E D U C K P E R I O D 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 5 ad d in g Up lan d M u nicip al C od e S ection 2.0 2.1 60 req uiring a s up erm ajori ty vote of th e C it y C oun ci l to hire or fi re a C ity M an ag er or C i ty Att orn ey d u ri n g a lam e d uck p eriod . (S t aff Person :

S tep h en D eitsch )
D.D E S I G N A T I O N O F V OT I N G D E L E G A T E F O R T H E A N N U A L L E A G U E O F

C A L I F O R N I A C I T I E S C O N F E R E N C E
A p p oint C ou n c il m em b er C arl os A . G arci a as the vot in g d eleg at e to rep resent th e C it y of U p l an d at the Leag u e of C al iforn i a C it ies G en eral A ssem b ly M eetin g on S ep tem b er 9, 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 N A G R E E M E N T W I T H L E X I P O L , L LC .

A p p rove t he five (5 ) year ag reem en t w ith L exip ol, L LC . for an am ou n t not to exceed $94 ,12 2.0 3 t o p rovid e an nu al l aw en forcem en t sup p lem en tal m an uals, p olicy m anu als , an d d aily train in g b ul let in s; an d au th ori ze th e C ity M anag er to execu te ag reem ent. (S taff Person: M arcelo B lan co) F.C O N S I D E R A P P R O V A L O F R E V I S I O N S TO T H E C L A S S I F I C A T I O N T I T L E

A N D J O B D E S C R I P T I O N O F T H E D E V E LO P M E N T S E R V I C E S M A N A G E R

P O S I T I O N
A p p rove t he revision s to the cl ass ifi cat ion title an d job d esc ri p t ion of D evelop m en t S ervi ces M an ag er, effect ive A u g u st 1 , 20 22 . (S t aff Person :

S tep h en Parker)
G .A G R E E M E N T W I T H M E R I D I A N R A P I D D E F E N S E G R O U P F O R T H E

P U R C H A S E O F S A F E T Y B A R R I E R S W I T H A R PA F U N D S A N D E N T E R I N G

I N TO A D E P LOY M E N T S E R V I C E S A N D E Q U I P M E N T A G R E E M E N T A p p rove a b u d g et ad ju stm en t t o ap p rop ri ate $2 10 ,01 5.2 0 i n A m erican Rescue P l an A ct (A R PA ) fu n d s for the p u rc h as e of s afety b arriers. en ter in to a d ep l oym en t services an d eq u ip m en t ag reem en t with M erid ian Rap id D efense G roup for p rovid ing an d d ep loying safety b arriers at C ity even ts; 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 :

S tep h en Parker)

11.P U B L I C H E A R I N G S

12.C O U N C I L C O M M I T T E E R E P O R T S

13.B U S I N E S S I T E M S
A .C O N S I D E R C R E A T I N G A C I T Y C O U N C I L A D H O C C O M M I TT E E D iscu ss and consid er ap p oi nt in g two C oun ci lm em b ers to form an A d H oc C om m ittee to review an d p rioritize p ark p rojects. (S taff Person: M ichael B lay)
B.C I T Y M A N A G E R 'S A D V I S O R Y PA N E L R E P O R T Receive a p resentation an d rep ort b y th e C i ty M an ag er's A d vis ory Panel. (S taff Person: M ichael B lay)
C .C O N S I D E R A P P R O V A L O F S M A L L B U S I N E S S I N V E S T M E N T S W I T H

A M E R I C A N R E S C U E P L A N A C T (A R PA ) F U N D I N G A N D A P P R O V E P R O G R A M G U I D E L I N E S F O R T H E "C A TC H -U P : B U S I N E S S R E N TA L A S S I S TA N C E P R O G R A M "
A p p rove t he ap p rop riation of A R PA fu nd in g for t h e three s m al l b usin ess in vestm en t p rog ram s, ap p rove p rog ram g u id elines rel ati ve t o fu nd in g th e C atch -U P : B u siness Ren tal A ssistance P rog ram (the “P rog ram ”), and authorize th e C ity M an ag er to real loc ate any of th is ap p roved A R PA fun d ing b etw een the three sm all b u siness investm ent p rog ram s b ased on p rog ram n eed s. (S taff Person: Rob ert D alq uest)

D.C O N S I D E R A P P R O V A L O F A B R I G H T V I E W C O N T R A C T E X T E N S I O N A p p rove t h e fou rt h ad d en d u m to t h e B ri g h tvi ew L and scap e M ain ten ance S ervices ag reem ent to exten d t h e ag reem en t t o O ctob er 3 1, 20 22 an d to p rovid e a fi ve p ercen t i ncrease to the m onthly fl at rate cost ; and authorize th e C ity M anag er to execu te the ad d en d u m . (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 n ext reg u larly sch ed u led C ity C oun cil m eeting is M on d ay, J uly 25 , 20 22 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 J ul y 6, 2022 a t ru e a n d co rre ct co p y o f t hi s a g e nd 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. 1964

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ENCLAVE

AT UPLAND) OF THE CITY OF UPLAND, AUTHORIZING THE

LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES

DISTRICT
WHEREAS, the City Council of the City of Upland, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in the community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-1 (Enclave at Upland) of the City of Upland, County of San Bernardino, State of California (the “District”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ENCLAVE AT UPLAND), DOES ORDAIN AS FOLLOWS:

Section 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment for the District as set forth in Exhibit A attached hereto and incorporated herein by this reference (the “Rate and Method”).

Section 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner and at the same time as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County of San Bernardino tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.

Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the Special Tax (as defined in the Rate and Method) shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the Special Tax ceases to be

Ordinance No. 1964

levied by the City Council.

Section 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City.

PASSED, APPROVED AND ADOPTED this 11th day of July, 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 27th day of June, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 11th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

A-1

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ENCLAVE AT UPLAND)

OF THE CITY OF UPLAND

A Special Tax shall be levied on all Taxable Property within the boundaries of Community Facilities District No. 2022-1 (Enclave at Upland) of the City of Upland (“CFD No. 2022-1”) and collected each Fiscal Year commencing in Fiscal Year 2022- 23, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD No. 2022-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs related to the administration of CFD No. 2022-1 including, but not limited to:
the costs of preparing and computing the Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-1, or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 2022-1, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 2022-1, associated with applicable federal and State laws; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 2022-1, or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-1 for any other administrative purposes of CFD No. 2022-1, including attorney’s fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.
“Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel.
“Assessor” means the Assessor of the County of San Bernardino.

A-2

“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
“Assessor's Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number.
“Assessor's Parcel Number” means the number assigned to an Assessor's Parcel by the County for purposes of identification.
“Assigned Special Tax” means the Special Tax of that name described in Section

3.A below.
“Attached Residential Property” means Residential Property for which each Residential Unit share an interior wall with another Residential Unit. “Backup Special Tax” means the Special Tax of that name described in Section 3.B below.
“Bonds” means any bonds or other Debt of CFD No. 2022-1, whether in one or more series, secured by the levy of Special Taxes.
“Building Permit” means a building permit for construction of a Residential Unit within CFD No. 2022-1 issued by the City.
“Building Square Footage” means all of the square footage of usable area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 2022-1” means the Community Facilities District No. 2022-1 (Enclave at Upland) of the City of Upland.
“City” means the City of Upland, California.
"Condominium" means a unit, whether attached or detached, meeting the statutory definition of a condominium contained in the California Civil Code Section 4285. “Council” means the City Council of the City acting as the legislative body of CFD No. 2022-1 under the Act.
“County” means the County of San Bernardino, California. “Debt” means any binding obligation to pay or repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts.
“Debt Service” means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.

A-3

“Detached Residential Property” means Residential Property not classified as Attached Residential Property.
“Developed Property” means for each Fiscal Year, all Taxable Property, exclusive of Provisional Property, for which a Building Permit was issued prior to May 1 of the previous Fiscal Year. An Assessor’s Parcel classified as Developed Property but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification shall not be less than 1.1 times the annual Debt Service less Administrative Expenses on all Outstanding Bonds. If Bonds have not been issued, an Assessor’s Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property.
“Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 8 below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the period starting on July 1 and ending the following June 30. “Funding Agreement” means the Funding Agreement dated as of June 27, 2022, by and among the City, Lennar Homes of California, LLC, and Lewis Land Developers, LLC, as it may be amended.

“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Class” means any of the classes listed in Table 1 under Section 3 below. “Lot” means a parcel created by a Final Map on which a Residential Unit can be constructed.
“Maximum Special Tax” means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal Year on such Assessor’s Parcel of Taxable Property. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for the purpose of constructing one or more non-residential units or facilities.
“Outstanding Bonds” means all Bonds, which are deemed to be outstanding under the Indenture.
“Prepayment Amount” means the amount required to prepay the Annual Special Tax obligation in full for an Assessor’s Parcel as described in Section 6.A below.

A-4

“Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. 2022-1 owned in fee by a property owner association, including any master or sub-association.
“Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. “Proportionately” may similarly be applied to other categories of Taxable Property as listed in Section 4 below. “Provisional Property” means all Assessor’s Parcels of Public Property, Property Owner Association Property or property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 8, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 8. “Public Property” means any property within the boundaries of CFD No. 2022-1, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Residential Property” means Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax” means any special tax levied within CFD No. 2022-1 pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Taxable Property to pay the Special Tax for the remaining life of CFD No. 2022-1. “Special Tax Requirement” means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Fees and Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities authorized by CFD No. 2022-1 and as required by the Funding Agreement provided that the inclusion of such amount does not cause an increase in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture.

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“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 2022-1, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below.
“Trustee” means the trustee or fiscal agent under the Indenture. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Provisional Property.

2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2022-23, each Assessor’s Parcel within CFD No. 2022-1 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property, Undeveloped Property or Provisional Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below.

Furthermore, each Assessor’s Parcel of Developed Property shall be classified according to its applicable Land Use Class based on its land use type and Building Square Footage.

3. SPECIAL TAX RATES

A. Assigned Special Tax for Developed Property

The Assigned Special Tax applicable to an Assessor's Parcel classified as Developed Property commencing in Fiscal Year 2022-23 shall be determined pursuant to Table 1 below.

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Table 1
Assigned Special Tax Rates

B. Backup Special Tax for Developed Property
The Backup Special Tax for Developed Property commencing in Fiscal Year 2022-23 shall be $41,404 per Acre.

For the purpose of calculating the Backup Special Tax, the land area applicable to a Condominium shall be computed from the Acreage of the Lot on which the Condominium is located, with the Acreage for such Lot allocated equally among all of the Condominiums located or to be located on such Lot.

C. Maximum Special Tax for Developed Property
The Maximum Special Tax for Developed Property shall be the greater of the Assigned Special Tax for Developed Property and the Backup Special Tax for Developed Property.

D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property commencing in Fiscal Year 2022-23 shall be $41,404 per Acre.

Land
Use
Class
Land Use Type Building
Square Footage
Assigned
Special Tax
1 Detached Residential Property > 1,900 $2,106 per
Residential Unit
2 Detached Residential Property 1,801 – 1,900 $2,059 per Residential Unit
3 Detached Residential Property 1,701 – 1,800 $2,023 per Residential Unit
4 Detached Residential Property ≤ 1,700 $1,995 per
Residential Unit
5 Attached Residential Property > 1,750 $1,804 per
Residential Unit
6 Attached Residential Property 1,626 – 1,750 $1,747 per Residential Unit
7 Attached Residential Property 1,501 – 1,625 $1,694 per Residential Unit
8 Attached Residential Property ≤ 1,500 $1,673 per
Residential Unit
9 Non-Residential Property N/A $41,404 per Acre

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4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2022-23, the CFD Administrator shall levy the Special Tax on all Taxable Property in accordance with the following steps:

Step 1: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at 100% of the applicable Assigned Special Tax; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property;
Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax amount determined in Step 1 shall be increased Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the Maximum Special Tax for Developed Property; Step 4: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Property up to 100% of the Maximum Special Tax for Provisional Property.

Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor’s Parcel within CFD No. 2022-1 by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults.

5. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes.

6. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The following definitions apply to this Section 6:
“CFD Public Facilities Costs” means $3,600,000 or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the facilities to be financed under the Act and financing program for CFD No. 2022-1, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds (except refunding bonds).

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“Construction Fund” means the fund (regardless of its name) established pursuant to the Indenture to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay fees authorized to be funded by CFD No. 2022-1.
“Future Facilities Costs” means the CFD Public Facilities Costs minus (i) costs previously paid pursuant to the Funding Agreement to acquire or construct the facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs pursuant to the Funding Agreement.
“Outstanding Bonds” means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments.
“Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.

The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request, and may charge a reasonable fee for providing this service. Prepayment must be made at least 60 days prior to any redemption date for the CFD No. 2022-1 Bonds to be redeemed with the proceeds of such prepaid Special Taxes, unless a shorter period is acceptable to the Trustee and the City.

The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows:

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Step No.:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For Assessor’s Parcels of Developed Property, determine the Maximum Special Tax. For Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel.

3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected Maximum Special Tax revenue for CFD No. 2022- 1 assuming all Building Permits have been issued (build-out) within CFD No. 2022-1, excluding any Assessor’s Parcels for which the Special Tax Obligation has been previously prepaid.

4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid for all applicable parcels and round that amount up to the nearest $5,000 increment (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call date (the “Redemption Premium”).

6. Compute the Future Facilities Costs.

7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Prepayment Amount”).

8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the expected redemption date for the Outstanding Bonds which, depending on the Indenture, may be as early as the next interest payment date.

9. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and the Prepayment Administrative Fees from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment.

10. Subtract the amount computed in paragraph 9 from the amount computed in paragraph 8 (the “Defeasance Amount”).

11. Calculate the administrative fees and expenses of CFD No. 2022-1, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2022-1, and

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the costs of recording any notices to evidence the prepayment and the redemption (the “Prepayment Administrative Fees”).

12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment calculation date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted if, after the Prepayment Amount is calculated, reserve funds are below 100% of the reserve requirement.

13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the “Capitalized Interest Credit”).

14. The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the “Prepayment Amount”).

15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2022-1.

The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of CFD No. 2022-1 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to redeem CFD No. 2022-1 Bonds to be used with the next prepayment of CFD No. 2022-1 Bonds.

The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax and the release of the Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less

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Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.

B. Partial Prepayment
The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which a building permit has been issued may be partially prepaid.

The amount of the prepayment shall be calculated as in Section 6.A.; except that a partial prepayment shall be calculated according to the following formula:

PP = (PE-A) x F+A
These terms have the following meaning:

PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section

6.A
F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 6.A
The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service.

With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 2022-1 that there has been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel.

Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.

7. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a period not to exceed forty (40) Fiscal Years commencing with Fiscal Year 2022-23, provided however that the Special Tax will cease to be levied in an

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earlier Fiscal Year if the CFD Administrator has determined that all Bonds that are expected to be issued have been issued and all required interest and principal payments on all Outstanding Bonds have been paid.

8. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, or (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, and (v) Assessor’s Parcels of Developed Property classified as Non-Residential Property as determined reasonably by the CFD Administrator, provided that no such classification would reduce the sum of all Taxable Property in CFD No. 2022-1 to less than 8.90 Acres. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in CFD No. 2022-1 to less than 8.90 Acres shall be classified as Provisional Property and will continue to be subject to the CFD No. 2022-1 Special Taxes accordingly. Tax exempt status for the purpose of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property.

If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in the first paragraph of Section 8 above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.

9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error:
(i) Amend the Special Tax levy on the landowner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date,
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner’s Assessor’s Parcel(s) in the amount of the overpayment.

If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Council or designee determines an error still exists, the CFD

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Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error.

The City Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final.

ORDINANCE NO. 1965

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, ADDING UPLAND MUNICIPAL CODE SECTION

2.02.160 REQUIRING A SUPERMAJORITY VOTE 0F THE

CITY COUNCIL TO HIRE OR FIRE A CITY MANAGER OR CITY

ATTORNEY DURING A LAME DUCK PERIOD

WHEREAS, California Constitution, article XI, section 7, authorizes the City of Upland (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws; and

WHEREAS, Government Code Section 36813 states that a city council “may establish rules for the conduct of its proceedings;” and

WHEREAS, a lame duck period is the period of time following a municipal election until the time of organization and seating of the newly constituted City Council, if there are one or more new members elected to the City Council; and

WHEREAS, the City desires to impose a supermajority (4/5ths) vote requirement upon the City Council to hire or fire a City Manager or City Attorney during a lame duck period; and

WHEREAS, the City desires to impose such a heightened voting requirement so that key public officials such as the City Manager and the City Attorney are not hired or fired by a lame duck City Council given that some or a majority of a lame duck City Council may be making decisions for a newly constituted City Council that may disagree with the decision of a lame duck City Council; and

WHEREAS, the City desires to have the decision to hire or fire the City Manager or City Attorney made by a City Council that will remain in office for a sustained period of time, not merely a short time in the case of lame duck City Councilmembers.

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 this reference.

Section 2. Section 2.02.0160 (Supermajority Voting Requirement For Lame Duck City Council) is hereby added to the Upland Municipal Code to read in its entirety as follows:

“2.02.160 Supermajority Voting Requirement For Lame Duck City Council During the period between the election of one or more new Council Members and the date they officially assume office, the City Council shall not take action to hire or fire

Ordinance No. 1965

the City Manager or City Attorney other than by a minimum of four (4) affirmative votes.”
Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), 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) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 4. 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 of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

Section 5. Effective Date. This Ordinance shall become effective 30 days from its adoption.

Section 6. 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, pursuant to all legal requirements.

PASSED, APPROVED, and ADOPTED this 11th day of July, 2022.

Bill Velto, Mayor

Ordinance No. 1965

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 27th day of June, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 11th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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

D A T E :J u ly 1 1, 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 S U B J E C T :D E S I G N A T I O N O F V OT I N G D E L E G A T E F O R T H E A N N U A L L E A G U E

O F C A L I F O R N I A C I T I E S C O N F E R E N C E

R E C O M M E N D E D A C T I O N
I t is rec om m end ed th at the C ity C ou ncil ap p oi n t C ou n ci lm em b er C arlos A . G arc ia as the voting d eleg ate t o rep resent th e C it y of U p lan d at th e L eag u e of C ali forn ia C it ies G eneral A ssem b ly M eetin g on S ep tem b er 9, 2 02 2.

G O A L S T A T E M E N T
Th e p rop osed action su p p ort s th e C it y's g oal to p arti ci p at e i n act ivi ti es in d evelop in g p olicies for C aliforn ia cities.

B A C K G R O U N D
Th e C ity of U p lan d , b y m em b ersh ip in th e Leag ue of C ali forn ia C i ti es, h as on e vot e on m atters p ertaining t o L eag u e p oli cy. T h e L eag u e b ylaw s st ate a ci ty's vot in g d el eg at e m u st b e d esig nated b y th e C ity C oun cil in ord er to b e elig ib le to vote.

I S S U E S /A N A L Y S I S
Th e C ity's vot e will b e c ast at th e L eag u e of C ali forn ia C it ies G en eral A ssem b l y M eet in g on S ep tem b er 9, 20 22 . T he m em b ers hi p c on s id ers an d t akes act ion on resolu tions th at estab lish L eag u e p olicy. C ou ncilm em b er G arcia is atten d ing th e con feren ce.

F I S C A L I M P A C T S
Th ere is n o fiscal im p act associated with th is action .

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
L eague Letter

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. •Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. •Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022

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

• Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

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

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

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form

S T A F F R E P O R T
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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, P O L I C E C H I E F

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 I N G T E C H N I C I A N 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 N A G R E E M E N T W I T H L E X I P O L, L LC .

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 th e fi ve (5) year ag reem ent wi th L exip ol, L LC . for an am ou n t n ot to exceed $94 ,12 2.0 3 to p rovid e an n u al law en forcem en t su p p lem ental m anu als, p olicy m an ual s, an d d ail y train in g b u l let in s; an d au th ori ze t h e C ity M an ag er to execute ag reem en t.

G O A L S T A T E M E N T
Th e p rop osed acti on s u p p orts th e C ity’s g oal of p rovi d i ng effect ive l aw en forcem en t an d red ucin g liab ility costs from leg al actions.

B A C K G R O U N D
Th e C ity of Up lan d b eg an w orking with Lexip ol, L LC in A p ril 2 02 0. Lexip ol p rovid es first resp on d ers an d loc al g overnm ent wi th a w eb b ased p oli cy an d t rai ni ng solu tion, in clud in g p olicy up d ates in resp onse to n ew leg islation , case law an d evolvin g b est p ractices. T heir p olicies are st ate-sp ecific an d are vetted b y law en forcem en t p rofession als an d p ub li c safety attorn eys. Lexip ol p rovid es arch ived p olicies, d aily training for em p loyees, an d creates a log of review and ackn ow led g em ent of each p olicy b y em p loyees.

L exip ol s erves over 3,0 00 p ub lic s afety ag en cies i n 35 st ates . E very m u ni ci p al p olice d ep artm en t in S an B ern ard in o C ou nty cu rrently u ses L exip ol.

I S S U E S /A N A L Y S I S
L exip ol's an n u al ren ew al i n c reas e i s 6.4 %. S t aff initiated d i sc u s si on s wi th Lexip ol to fin d cost effective ways to red u ce exp enses an d com b at an nu al increases in the years ah ead .

S u b scrib in g to L exip ol h as g reatl y red uced st aff tim e d evot ed to d raft in g , u p d at in g , an d m aintain in g p ol ic y an d p roced u res m an u al. A d d it ion all y, th e C i ty is less vulnerab le to p h ysical, fin ancial, and p olitical risks.

L exip ol is offering a 5-year ag reem en t effect ive J u ly 1, 2 0 2 2 . T he ag reem en t w ou l d red u ce th eir an n u al rate i n c reas e from 6.4 % to 3.5 % over th e t erm of t he ag reem en t. I n ad d ition, L exip ol w ill not increase rates in th e fi rst year of t h e ag reem en t. T h e p rop os ed ag reem en t h as a cost savin g s of $1 2,0 00 over the five year term .

F I S C A L I M P A C T S
E xp en se for th e fi rs t year of th e ag reem ent i s in cl u d ed th e th e F Y 22 /23 ad op t ed b u d g et. T he costs for sub seq uen t years will b e ad d ed to p rosp ective fiscal year b ud g ets.

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
L exipol Agreement

MASTER SERVICE AGREEMENT
Agency's Name:

Agency's Address:

Attention:

Lexipol's Address:

Effective Date:

City of Upland
1499 W 13th St
Upland, CA 91786
2611 Internet Boulevard, Suite 100
Frisco, Texas 75034
EFFECTIVE_DATE_DS
(to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), which may include one or more Lexipol subsidiary entities, and the Agency identified above.

This Agreement consists of:
(a) this Cover Sheet
(b)Exhibit A - Selected Services and Associated Fees
(c)Exhibit B - Terms and Conditions Specific to this Agreement Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement.

City of Upland Lexipol, LLC
Signature:CUSTSIG_DS Signature:COUNTERSIG_DS
Print Name:CUSTNAME_DS Print Name:

Title:CUSTTITLE_DS Title:

Date Signed:CUSTDATE_DS Date Signed:COUNTERSIGDATE_DS
Copyright 2021 © Lexipol - Rev 12/28/2020
7-1-2022
Jan Roos
Vice President & General Counsel
6-28-2022

Exhibit A

SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:

Year 1 Renewal 7/1/2022-6/30/2023

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplemental Manual(s)USD 1,523.00 USD 1,523.00 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USD 16,029.00 USD 16,029.00 Subscription Line Items Total USD 17,552.00
USD 17,552.00
Year 1 Renewal 7/1/2022-6/30/2023 TOTAL:USD 17,552.00
Year 2 Renewal 7/1/2023-6/30/2024

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplemental Manual(s)USD 1,576.31 USD 1,576.31 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USD 16,590.02 USD 16,590.02 Subscription Line Items Total USD 18,166.33
USD 18,166.33
Year 2 Renewal 7/1/2023-6/30/2024 TOTAL:USD 18,166.33
Year 3 Renewal 7/1/2024-6/30/2025

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplemental Manual(s)USD 1,631.48 USD 1,631.48 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USD 17,054.86 USD 17,170.67 Subscription Line Items Total USD 18,802.15
USD 18,802.15
Year 3 Renewal 7/1/2024-6/30/2025 TOTAL:USD 18,802.15
Year 4 Renewal 7/1/2025-6/30/2026

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplemental Manual(s)USD 1,688.58 USD 1,688.58 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USD 17,054.86 USD 17,771.64 Copyright 2021 © Lexipol - Rev 12/28/2020

QTY DESCRIPTION UNIT PRICE EXTENDED
Subscription Line Items Total USD 19,460.22
USD 19,460.22
Year 4 Renewal 7/1/2025-6/30/2026 TOTAL:USD 19,460.22
Year 5 Renewal 7/1/2026-6/30/2027

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplemental Manual(s)USD 1,747.68 USD 1,747.68 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USD 17,054.86 USD 18,393.64 Subscription Line Items Total USD 20,141.33
USD 20,141.33
Year 5 Renewal 7/1/2026-6/30/2027 TOTAL:USD 20,141.33
*The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol (or one of its subsidiaries, where applicable) upon the execution of this Agreement.

Copyright 2021 © Lexipol - Rev 12/28/2020

Exhibit B
Terms and Conditions of Service

1.Definitions. For purposes of Lexipol’s Terms and Conditions of Service (the “Terms”), each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections below. Depending on the selected Service(s), Agency may receive support from, and be invoiced by, a Lexipol subsidiary, including The Praetorian Group and/or Cordico Inc.

1.1 “Agency” means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services.

1.2 “Agreement” means the combination of (a) the cover sheet to which these Terms are attached; (b) Lexipol’s subscription and pricing information sheets, which are typically included as an Exhibit A (“Services Being Purchased and Related Fees ”) or as set forth in any similar pricing sheet (including by way of addendum); and (c) these Terms.

1.3 “Derivative Work(s)” means work(s) based on Lexipol’s Subscription Materials, or any substantive portion thereof. Derivative Works include revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Materials or any portion thereof are recast, transformed, or adapted. For purposes of the Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Materials. Further, “Derivative Work” includes any work considered a “derivative work” under United States copyright law.

1.4 “Effective Date” means the date specified on the cover sheet to which these Terms are attached, or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the “Effective Date.”

1.5 “Initial Term” means the period commencing on the Effective Date and continuing for the length of time indicated on the cover sheet or subscription and pricing sheet provided by Lexipol. If the Initial Term is not so indicated, the default Initial Term is one (1) year from the Effective Date.

1.6 “Service(s)” means all Lexipol product(s) or service(s), including one-time and recurring (subscription) services, as may be offered by Lexipol and/or its subsidiaries and affiliates from time to time.

1.7 “Subscription Materials” means all policy manuals, supplemental publications, daily training bulletins, written content, images, videos, and all other data and multimedia provided by Lexipol and/or its licensors through the Services.

2.Term. The Agreement becomes enforceable upon signature by Agency’s authorized representative. Following the Initial Term, the Agreement shall renew in successive one-year periods thereafter (each a “Renewal Term”) unless one party provides written notice of non -renewal to the other party at least thirty (30) days prior to expiration of the then-current term. The Initial Term and all Renewal Terms collectively comprise the “Term” of the Agreement.

3.Termination.

3.1 For Cause. The Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under the Agreement for a period of more than thirty (30) calendar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction.

3.2 For Convenience. The Agreement may be terminated for convenience (including lack of appropriation of funds by Agency) upon sixty (60) days written notice. Note: fees already paid for Services are not eligible for refund, proration or offset in the event of Agency’s termination for convenience.

Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
2 4.Effect of Expiration or Termination. Upon the expiration or termination of the Agreement for any reason, Agency’s access to Lexipol’s Services shall cease. Termination or expiration of the Agreement shall not, however, relieve either party from any obligation or liability that has accrued under the Agreement prior to the date of such termination or expiration, including payment obligations. The right to terminate the Agreement shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the parties are entitled at law or in equity. The provisions of Sections 1 (Definitions), 6 (Service-Specific Terms), 8 (Privacy Policy), 8 (Warranty Disclaimer), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (General Terms), and this Section 4 shall survive the expiration or termination of the Agreement for any reason.

5.Fees and Invoicing. Unless otherwise agreed upon in writing, Lexipol (or, if applicable, The Praetorian Group or Cordico Inc.) will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to each Renewal Term. Agency will pay to Lexipol the fee(s) specified on each invoice within thirty (30) days following receipt of the invoice. All invoices will be sent to Agency at the address specified on the cover sheet to which these Terms are attached or as otherwise designated by Agency in writing. All payments will be made by electronic transfer of immediately available funds or by mailing a check to Lexipol at 2611 Internet Blvd, Ste 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms. All amounts required to be paid under the Agreement are exclusive of taxes and similar fees now in force or enacted in the future. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes properly imposed related to its receipt of Lexipol’s Services, except for taxes based on Lexipol’s net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable law.

6.Service-Specific Terms. The following sections apply to specific Lexipol Services:

6.1 Policy. Lexipol’s policy Subscription Materials and Knowledge Management System (“KMS”) are proprietary, protected under U.S. copyright, trademark, patent, and/or other applicable laws, and Lexipol reserves all rights not expressly granted in these Terms. Agency may prepare Derivative Works using Lexipol’s Subscription Materials, but Lexipol shall remain the sole owner of all right, title and interest in and to them, including all copyrights, intellectual property rights, and other proprietary rights therein or pertaining thereto. Agency shall retain a perpetual, personal, non-sublicensable and non-assignable right to use the Subscription Materials for Agency’s internal purposes but will not remove any copyright notice or other proprietary notice of Lexipol appearing thereon. Agency acknowledges and agrees that Lexipol shall have no responsibility to update such Subscription Materials beyond the Term of the Agreement and shall have no liability whatsoever for Agency’s creation or use of Derivative Works. Lexipol’s Subscription Materials are to be treated as Confidential Information (per Section 9 herein), but Agency may disclose Subscription Materials pursuant to a valid court order, lawful government agency request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Agency acknowledges and agrees that all policies and procedures it implements have been individually reviewed and adopted by Agency, that neither Lexipol nor any of its agents, employees, or representatives shall be considered “policy makers” in any legal or other sense, and that Agency’s highest-ranking official shall, for all purposes, be considered the “policy maker” with regard to same. Lexipol’s KMS Service is subject to the Service Level Agreement attached to these Terms.

6.2 Learning. Lexipol’s Learning Management System (“LMS”), offered by Praetorian Digital, is a proprietary Service protected under U.S. copyright, trademark, patent, and other laws. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency’s right to use the LMS is limited to the rig hts expressly granted in the Agreement. Agency Data, defined as data owned by Agency prior to the Effective Date or which Agency provides during the Term for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service, remains Agency’s property. Lexipol retains no right or interest in Agency Data and shall return or destroy Agency Data following termination of the Agreement. Lexipol’s LMS Service is subject to the Service Level Agreement attached to these Terms.

Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
3 6.3 Wellness. This Section applies when Agency subscribes to Lexipol’s Wellness Application (“Wellness App”) offered by Cordico®. All Subscription Materials delivered by the Wellness App, including but not limited to all object and source code, all information created, developed, or reduced to practice, and all written, image-based, or video-based content underlying the Wellness App that is not specifically provided by Agency is the proprietary intellectual property of Lexipol and/or its suppliers or licensors, protected to the maximum extent permitted by trademark, copyright, and patent laws . Agency is granted a nonexclusive limited right to access the Wellness App during the Term. If the Agreement is terminated or expires for any reason, Agency shall lose access to the Wellness App and to all associated Subscription Materials and shall discontinue all use of the same for any purpose. Nothing in this section or these Terms shall be construed as conferring any right of ownership or use to the Wellness App, whether by estoppel, implication or otherwise.

6.4 Grants. This Section applies when Agency selects Lexipol’s Grant Writing, Consulting, and/or GrantFinder services. For Grant Writing services, Agency takes full responsibility for submitting information reasonably required by Lexipol’s grant writing team in a timely manner (at least five (5) days prior to the applicable grant application close date). Agency is responsible for all submissions of final grant applications by grant deadlines, but Lexipol shall be considered Agency’s duly authorized representative for submissions where applicable. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle; not a refund of the fees.

Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service.

Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant.

Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol reserves the right to suspend all grant Services to Agency until past-due payments are received in full, and may terminate Agency’s access to GrantFinder, if applicable. Invoices over thirty (30) days past due may be charged a twenty-five dollar ($25) late fee.

6.5 Generally; Injunctive Relief. Nothing in the Agreement shall be construed as conferring any rights or license to Lexipol’s trade secrets, intellectual property, Confidential Information, Subscrip tion Materials, KMS, LMS, Wellness App, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not, and may not assist others to, decompile, disassemble, reverse engineer, or otherwise attempt to discover any object code, source code, or proprietary data underlying the Services. Agency grants all rights and permissions in or relating to Agency Data as are necessary to Lexipol to enforce the Agreement, exercise Lexipol’s rights, and perform Lexipol’s obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy .

7. Account Security. The rights to access and use the Services under the Agreement are personal and unique to Agency and Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein, Agency remains solely responsible for maintaining the confidentiality of Agency’s username(s) and password(s) and the security of Agency’s account(s), meaning the account by which Agency accesses the Services. Agency will not permit access to Agency’s account(s) or use of Agency’s username(s) and/or password(s) by any person or entity other than authorized Agency personnel.

Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s Account or Agency’s username(s) and/or password(s).

8. Privacy Policy. Lexipol will hold Agency Data in confidence unless required to provide access in accordance with a court order, government agency request, or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol’s systems use the Secure Socket Layer (SSL) Protocol for Lexipol Services, which encrypts information as it travels between Lexipol and each Agency. However, Agency acknowledges and agrees that data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through the Services is 100% secure. Agency acknowledges that Lexipol may provide view-only access and summary information (which may include number of policies developed or in development, percentage of staff reviews of developed policies and DTBs) to Agency’s affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association if they are actively funding member Agency Subscription Fees.

Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
4 9. Confidentiality. During the term of the Agreement, either party may be required to disclose information to the other party that is marked “confidential” or is of such a type that the confidentiality thereof is reasonably apparent (collectively, “Confidential Information”). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party’s directors, officers, employees, agents and other representatives (collectively “Representatives”) who ha ve a need to know such Confidential Information in connection with the Services; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in the Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing party. Notwithstanding the foregoing, a party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information.

Each party shall be responsible for any breach of this section by any of such party’s personnel or agents.

10. Warranty Disclaimer. ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS- IS" AND LEXIPOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR

OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITN ESS FOR A

PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

11. Limitation of Liability. Lexipol’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to the Agreement, the Services, or the use of any Subscription Materials shall not exceed the aggregate amount of subscription fees actually paid to Lexipol by Agency for the associated Services during the twelve-month period immediately prior to the assertion of such claim, demand, or action.

In no event shall Lexipol be liable for any indirect, incidental, consequential, special, exemplary damages , or lost profits, even if Lexipol has been advised of the possibility of such damages. The l imitations set forth in this Section shall apply whether the subject claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action.

12. General Terms.

12.1 General Interpretation. The language used in the Agreement and these Terms shall be deemed to express the mutual intent of Lexipol and Agency. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instru ment or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement .

12.2 Invalidity of Provisions. Each of the provisions contained in the Agreement and these Terms is distinct and severable. A declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of th e Agreement to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible.

12.3 Waiver. Lexipol’s failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy.

12.4 Governing Law. The Agreement shall be construed in accordance with, and governed by, the laws of the State in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply.

Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
5 12.5 Compliance with Laws. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders promulgated by any federal, state, or local government body or agency relating to its obligations pursuant to the Agreement and these Terms.

12.6 Attorney’s Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, the prevail ing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.

12.7 Notices. Any notice required by the Agreement or given in connection with it shall be in writing and shall be made by certified mail (postage prepaid), recognized overnight delivery service, or (if mutually agreed upon) by email to authorized recipients at such address as each party may indicate from time to time. Alternatively, electronic mail or facsimile notice to established and authorized recipients is acceptable when acknowledged by the receiving party.

12.8 Entire Agreement. The Agreement, including these Terms, embodies the entire agreement and understanding of the parties hereto and expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by any party hereto that is not embodied in the Agreement. Terms and conditions set forth in any purchase order or any other form or document that are inconsistent with or in addition to the terms and conditions set forth in the Agreement are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification, and shall not be considered binding unless specifically agreed to in writing by both parties. No amendment, modification, or supplement to the Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby.

12.9 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one a nd the same document for purposes of the Agreement.

Lexipol Service Level Agreement for Cloud-Based Services

1.Response Times. For issues relating to Lexipol’s online, cloud-based Services (e.g. KMS, LMS, Wellness), Lexipol will make an industry standard and commercially reasonable effort to respond promptly (via Lexipol’s Normal Support Channels) within two (2) Business Days after receipt.

2.Uptime Commitment. The Uptime Percentage for the Service will be ninety -nine and five-tenths percent (99.5%) (the “Uptime Commitment”). Subject to the exclusions described in below, “Uptime Percentage” is calculated by subtracting from 100% the percentage of 1 -minute periods during any annual billing cycle in which Agency’s selected Service(s) are unavailable out of the total number of minutes in that billing cycle. “Unavailable” and “Unavailability” mean that, in any 1 -minute period, all connection requests received by Agency failed to process (each a “Failed Connection”); provided, however, that no Failed Connection will be counted as a part of more than one such 1-minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools.

3.Exclusions from Uptime Percentage. All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly-scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s Normal Support Channels; (c) Any issues with a third-party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing or networking hardware, other equipment or software under Agency’s control, the Internet, or other issues with electronic communications; (e) Lexipol’s suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol’s published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency.

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

D A T E :J u ly 1 1, 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 : 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

T E R R Y D OY L E , H U M A N R E S O U R C E S /R I S K M A N A G E R

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

T I T L E A N D J O B D E S C R I P T I O N O F T H E D E V E LO P M E N T S E R V I C E S

M A N A G E R P O S I T I O N

R E C O M M E N D E D A C T I O N
I t is rec om m end ed th at the C i ty C ou n c il ap p rove th e revis ion s to t he cl ass ifi cat ion t it le an d job d escrip tion of D evelop m en t S ervices M an ag er, effective A ug ust 1 , 20 22 .

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 t h e C it y's g oal to p rovi d e U p land em p loyees w ith fair com p en sation and to correctly classify em p loyees b ased on th e job d uties p erform ed .

B A C K G R O U N D
Th e C i ty of U p land 's M erit Sys tem Ru les an d Reg u lat ion s estab lish t h e p erson nel syst em for th e C i ty of U p land an d p rovi d e for an eq uitab le an d un iform p roced ure for d ealin g w ith p erson nel m at ters th rou g h a d ep artm ent of p ers on n el and p rovid e for em p loym en t wi th in the C ity of U p l an d on a m eri t b as is , so th e b est q u alified p erson sh all b e b roug ht i nt o t h e service of th e city.

I n ad d it ion , t o es tab li sh in g an eq u it ab l e an d un iform p roced ure for d ealing with p ersonn el m atters, t h e M erit System Ru l es and Reg ulations est ab l is h es a c las si fic ati on p l an for p erson nel. Th is cl assifi cat ion p l an p rovi d es a g rou p of job s b y com m on ali ty of d u ties, resp on sib ilities, an d fu nctions for each job sp ecification with in th e p lan.

F rom ti m e-t o-ti m e as m ay b e d eem ed necessary to c arry out t h e i nt ent and p u rp os es of the C ity, the C oun cil m ay revi se t h e classification p lan covering all p os it ion s i n t h e com p etitive service.

I S S U E S /A N A L Y S I S
Th e H um an Resou rces D i vis ion routin ely c oll ab orates with d ep art m en ts for th e estab lish m en t, revisions, and d eletions of job sp ecification s.

Th e cu rrent incum b en t s ervi ng in t he role of the D evel op m ent S ervices M an ag er h as su b m itted t hei r intent t o retire on J u ly 30 , 20 22 . D u e t o th e reti rem ent notification of the cu rrent in cu m b ent, th e D evelop m en t S ervi ces D ep artm en t req u es ted a revi ew of th e existin g job s p ec ifi cat ion t o en su re t h at i t ad d resses the n eed s of th e H ou s in g D ivision, D evelop m en t S ervices D ep artm en t, an d the C ity as a wh ole.

A s a resu lt of th is req u es t, i t h as b een d eterm i ned th at t he curren t sp ecification need s su b stan tial revision s, i n c lu d i n g th e classification t it le, i n ord er t o m eet in d u st ry stand ard s.

Th is p osition w ill d irectly rep ort to th e D evelop m ent S ervices D irector an d w ill oversee the H ousin g C oord in ator and th e D evelop m en t S ervices S p ecialist.

Th is classification w il l rem ain as p art of t he U p lan d M i d -M an ag em en t E m p loyees ' A ssociation (U M M E A ). T he un ion h as b een not ifi ed of the revis ion s to th e job cl ass ifi cat ion an d title of th is p osition .

F I S C A L I M P A C T S
Th ere i s no fiscal im p ac t for revising th e job d escrip tion an d t he classification ti tl e for this p osition .

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
Updated J ob Description for Housing M anager

FLSA: Exempt

DEVELOPMENT SERVICES HOUSING MANAGER

GENERAL PURPOSE DEFINITION
Under general supervision direction, plans, organizes, oversees, coordinates, implements, and manages the staff and operations of the Housing Division, including the City’s and promotes economic development, successor agency, affordable housing programs and management of City-owned residential units, as well as the , code enforcement, asset management and Community Development Block Grant (CDBG) programs;, successor agency, weed abatement, and asset management programs; manages effective use of division resources to improve organizational productivity and customer service; provides complex and responsible support to the Development Services Director in areas of expertise; supervises and performs complex professional work in the accomplishment of such programs and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED

Receives general direction from the Development Services Director. Exercises direct supervision over professional and technical staff.

CLASS CHARACTERISTICS
This is a management classification responsible for planning, organizing, and managing the staff, operations, and activities of the Housing Division. Incumbents are responsible for performing diverse, specialized, and complex work involving significant accountability and decision-making responsibilities, which include division budget administration, program evaluation, and recommendation and implementation of policies, procedures, goals, objectives, priorities, and standards related to housing, economic development, and assigned programs. Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within broad guidelines. the advanced professional and supervisory class in the City's Housing and Community Development Department. The Housing Manager exercises judgment and initiative in identifying, developing, implementing and managing a wide variety of economic development, code enforcement, asset management, successor agency and housing programs and provides work direction to the Housing Coordinator, Development Services Specialist, and Code Enforcement Officers.

EXAMPLES OF TYPICAL JOB FUNCTIONS ESSENTIAL DUTIES AND
RESPONSIBILITIES (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job. The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to this class. Other duties and responsibilities may be added, deleted, or changed at any time at the discretion of management, either orally or in writing.

FLSA: Exempt

1. Directs, coordinates, reviews and participates in the work of professional staff engaged in the research, development, implementation, promotion and administration of economic development, successor agency, code enforcement activities, asset management and housing programs; plans, schedules, lays out, supervises, trains and evaluates the work of assigned professional staff.

2. Implements, administers, reviews and coordinates economic development, asset management, successor agency activities housing, and Community Development Block Grant projects and contracts, including real property acquisition, management and disposition.

3. Acts as liaison and discusses issues related to economic development, successor agency, housing code enforcement and asset management with other City departments and developers, contractors, subcontractors, financial institutions, businesses and their representatives.

4. Prepares and monitors departmental budgets and expenditures.

5. Administer various laws and ordinances pertaining to Code Enforcement.

6. Prepares and conducts public meetings and project presentations to community groups.

7. Attends City Council, Planning Commission and Oversight Board meetings, makes presentations and provides technical advice regarding successor agency activities, economic development, code enforcement and housing issues and projects as well as prepare action reports and agenda items.

8. Provides technical guidance and assistance to other City departments, businesses, industry and other interested individuals and groups.

9. Oversees the preparation of applications, yearend reports and substantial amendments for the Community Development Block Grants.

10. Coordinates department activities with other City departments and with outside agencies.

11. Administers the City's housing programs.

12. Participates in the coordination of tax-exempt bond issues including mortgage revenue and industrial development bonds.

13. Performs other related duties as assigned.

 Plans, manages, and oversees the daily functions, operations, and activities of the Housing Division, including the City's affordable housing programs and management of City-owned residential units, as well as successor agency activities, weed abatement program, and asset management programs.
 Participates in the development and implementation of goals, objectives, policies, and priorities for the assigned functions; recommends within department policy, appropriate service and staffing levels; recommends and administers policies and procedures.  Participates in the development, administration, and oversight of division and department budgets; determines funding needed for staffing, equipment, materials, and supplies; ensures compliance with budgeted funding; monitors department budgets and expenditures including budget amendments and journal entries.
 Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities and makes recommendations for improvement.

FLSA: Exempt

 Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies; recommends and implements discipline and termination procedures.
 Develops and manages requests for proposals for professional and/or contracted services; prepares scope of work and any technical specifications; evaluates proposals and recommends award; negotiates contracts; administers contracts to ensure compliance with City specifications and service quality.
 Acts as liaison and discusses issues related to successor agency, housing, weed abatement, and asset management with other City departments and developers, contractors, subcontractors, financial institutions, businesses, and their representatives.  Administers the City's affordable housing programs and oversees the management of three City-owned apartment complexes containing 255 residential units; oversees the City’s mobile home rent control ordinance; implements, administers, reviews, and coordinates asset management of City owned rental leases.
 Oversees weed abatement activities related to fire hazard abatements such as preparing and disseminating notices, inspections, hiring of and monitoring contractors that remove debris and fire hazard materials, conducting public hearings, and advertising the program.  Oversees the preparation of applications, year-end reports, and substantial amendments for the Community Development Block Grant and Permanent Local Housing Allocation Grant; participates in the coordination of tax-exempt bond issues including mortgage revenue and industrial development bonds as well as tax credit allocations.  Oversees Community Development Block Grant projects and contracts, including real property acquisition, management, and disposition, and administrative activities for the permanent local housing program.
 Prepares and presents staff and agenda reports and other necessary correspondence related to assigned activities and services; attends City Council, Planning Commission, and other board meetings, conducts presentations, and provides technical advice regarding assigned functions; prepares and conducts public meetings and presentations for community groups.  Conducts a variety of organizational and operational studies and investigations; recommends modifications to assigned programs, policies, and procedures, as appropriate.  Serves as a liaison and provides technical guidance and assistance for assigned functions with other City departments, divisions, businesses, outside agencies, and other interested parties; provides staff support to commissions, committees, and task forces as necessary.  Attends and participates in professional group meetings; stays abreast of new trends and innovations in housing and economic development; researches emerging products and enhancements and their applicability to City needs.
 Monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval.
 Receives, investigates, and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action.  Directs the establishment and maintenance of working and official division files.  Ensures staff compliance with City and mandated safety rules, regulations, and protocols.  Performs other duties as assigned.

QUALIFICATIONS GUIDELINES

FLSA: Exempt

Knowledge of:

Principles, procedures, standards, practices, information sources and trends in the fields of housing, asset management, code enforcement and economic development; California health and safety code; social/economic concepts as applied to redevelopment/housing and economic development; CDBG and HUD regulations and procedures; the California Environmental Quality Act; local government organization and the functions and practices of a community development and housing unit; research methods and statistical techniques and applications; supervisory principles and practices, including goals and objectives development, and work planning and organization.

 Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and project management.  Principles and practices of budget development and administration.  Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures.  Principles and practices of leadership.
 Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
 Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned areas of responsibility.
 Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility.
 Principles and practices of contract administration and management.  Community Development Block Grant and Housing Urban Development regulations and procedures.
 Principles, procedures, standards, practices, information sources, and trends in the fields of affordable housing, real estate asset management, weed abatement, and wind down of the Successor Agency.
 Research methods and statistical techniques and applications.  Social and economic concepts as applied to housing programs.  The California Environmental Quality Act and National Environmental Protection Act.  Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
 Recent and on-going developments, current literature, and sources of information related to the operations of the assigned division.
 Methods and techniques of preparing technical and administrative reports, and general business correspondence.
 City and mandated safety rules, regulations and protocols.  Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.

FLSA: Exempt

 Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:

Plan, organize, assign, review and evaluate the work of assigned staff; perform and coordinate economic and community development programs and projects; interpret and apply complex rules, regulations, laws and ordinances; establish and maintain cooperative working relationships with those contacted in the course of the work; exercise sound independent judgment within established guidelines; represent the City effectively in meetings with commissions, community groups, governmental bodies, the media, and the public; prepare clear, concise and complete technical documents, reports and correspondence; conduct analyses and make accurate recommendations based on study findings; make persuasive oral and written presentations; plan, supervise and evaluate the work of others.

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

FLSA: Exempt

 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

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

Education:
 Equivalent to a bachelor’s degree from an accredited college or university with major coursework in public administration, urban planning, economics, business administration, or a related field.

Experience:
 Six (6) years of increasingly responsible professional experience in housing administration, community development, or a related field, of which three (3) years should be in a lead or supervisory capacity.

Graduation from a four-year college or university with a major in public or business administration, economics, urban planning or a closely related field.

Training/Experience:

Five years of increasingly responsible professional community, economic development and/or housing experience including at least 2 years at the lead or supervisory level.

Licenses and /Certificationses/and Special Requirements:

Possession of, or ability to obtain, a valid Class C California dDriver's lLicense, to be maintained throughout employment. an acceptable driving record and evidence of insurability.

PHYSICAL AND MENTAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:

FLSA: Exempt

While performing the duties of this class, employees are regularly required to sit; t alk or hear, in person and by telephone; use hands to finger, handle, feel or operate standard office equipment; reach with hands and arms. Employees are frequently required to walk, stand, and to lift and move records and documents weighing up to 20 pounds.

Specific vision abilities required by this job include close vision and the ability to adjust focus.

Mental Demands:

While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; observe and interpret situations; learn and apply new information or skills; perform highly detailed work on multiple, concurrent tasks; work under intensive deadlines; and interact with all levels of management, staff, customers, the public and others encountered in the course of work.

WORK ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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

D A T E :J u ly 1 1, 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 : 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 S U B J E C T :A G R E E M E N T W I T H M E R I D I A N R A P I D D E F E N S E G R O U P F O R T H E

P U R C H A S E O F S A F E T Y B A R R I E R S W I T H A R PA F U N D S A N D

E N T E R I N G I N TO A D E P LOY M E N T S E R V I C E S A N D E Q U I P M E N T

A G R E E M E N T

R E C O M M E N D E D A C T I O N
I t is recom m end ed th at C ity C ou ncul ap p rove a b ud g et ad ju stm en t to ap p rop riate $2 10 ,01 5.2 0 in A m erican Rescue P l an A c t (A R PA ) fu n d s for t h e p u rc h as e of safety b arriers. enter in to a d ep l oym en t services an d eq u ip m en t ag reem en t with M eri d i an Rap i d D efen se G rou p for p rovid in g an d d ep l oyin g s afety b arriers at C it y event s; an d au th ori ze t h e 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 the C it y's g oal of p rovid ing safe and en joyab le fam ily-friend ly sp ecial even ts.

B A C K G R O U N D
Th e C it y of U p land p ut s on sp ecial even ts s u c h as t he S p ri n g E g g H u nt A d ven tu re, Lem on Festival, L ig h t U p T h e N i g h t, S c ary-A-Fai re, Tree Li g h ti n g , C h ris tm as Parad e, an d a 5 K ru n series an nu ally. A nu m b er of t hese even ts req u ire road closu res, with m any m em b ers of the p u b lic cong reg ating i n a sm all p lac e. For years the C i ty h as used con es, sawh ors e b arricad es or veh i cl es t o p rotec t t h es e sp eci al even ts , and recent ly n on-crash-rated b ollard s w ere in stalled d own town for use d urin g p ot en t ial event s su ch as a c los u re of d ow nt ow n for ou td oor d ining or a Farm er's M arket.

O n M arch 1 1, 20 21 , th e P resi d en t sig n ed i n t o law th e A m eri can Resc u e P lan A ct , als o kn ow n as “A R PA .” Th e fed eral s ti m u lu s p rog ram allocat es $1.9 trillion over t h e n ext t hree years to help state and local g overn m en ts resp ond to the econ om ic and p ub lic health of im p acts of

C O V I D -1 9. U n d er t h e l aw, each local g overn m en t ag en cy nat ion w id e recei ves an al loc ati on of A R PA fu nd s, b ased on a form u la. T he C ity’s share is $1 5.2 m illion .

Th e st im u l u s p rog ram is d esi g n ed to g i ve com m un ities b road lat it ud e on sp en d in g th e fu nd s for elig ib le u ses . T hese us es i n c lu d e (1) resp on d in g to t he p u b li c health em erg en cy or neg ative ec onom ic im p acts for hou seh old s an d b u sinesses, (2 ) resp on d ing t o w orkers p erform in g essen tial work d u ri ng th e em erg en cy b y p rovid in g p rem iu m p ay or p rovid in g g rants t o elig ib le em p l oyers p erform ing ess ent ial work, (3) p rovid in g g overn m en t services, and (4) m akin g n ecessary in vestm en ts in w ater, sewer, or b road b an d infrastru cture.

O n O c tob er 11 , 20 21 , C ity C ou nc il ap p roved t he A R PA I nvestm ent P l an , id entifying how to in vest A R PA fu n d s in th e C i ty, i nclu d i ng set ting asid e $75 ,00 0 in A R PA fu nd s for crash -rated b arriers.

I S S U E S /A N A L Y S I S
W hen con si d erin g th e im p ortan ce of keep i n g t he p u b li c safe at s p ec ial even ts, S t aff h as reflected on acc id ent s an d at tac ks at sp ecial event s s u c h as the S ant a M on ic a farm er's m arket in 2 00 3, t h e O kl ahom a S t ate U niversit y hom ecom in g p arad e i n 2 01 5, t he T im es S q u are attack in 2 01 7 an d the Waukesha C hristm as Parad e in 2 02 1 am ong oth ers. W hile it is im p ossib le to com p letely p rotect ag ainst every scenario, S taff b elieves ad d itional crash -rated b arriers offer th e C i ty an d resi d en ts a su p erior level of p rot ect ion to op tions th at h ad p reviou sly b een used .

I n researching sol u t ion s to p rot ect th e p ub lic d u rin g sp ecial even ts , S t aff h ave coal esc ed on utilizin g b arriers from M eri d i an Rap i d D efen s e G rou p t o p rovi d e p rotection at sp ecial events.

Th e 7 00 lb s teel A rch er 12 00 B arrier, w hi ch is d esi g n ed to t um b l e or rol l, stop p ing t he veh icle in t h e p rocess i s al so m eant t o m inim ize h arm t o th e d ri ver - w h et h er it b e an intention al attack or an un exp ected em erg en cy. B en efits of t h e b arriers, w hen u s ed w ith t he A rc h er F ield Tow B ar an d A rcher H auler t railer in clud e a q u ic k set up , w h i ch can b e d on e w i th ju s t one p erson . M erid ian p rod u ct s are M ad e i n A m erica, an d h ave b een d esig n ated as q u al ifi ed anti- terrorism tech nolog y b y th e U S D ep artm ent of H om eland S ecurity.

M erid ian h as p rovid ed red u c ed ren tal p rices for th ree rec en t C it y events - t he 20 21 S cary-A- Faire, 20 21 C h ri st m as Parad e, an d 2 02 2 L em on Fest ival . At th is ti m e S taff w oul d l ike to utilize A R PA fu n d s t o p u rch ase 2 4 b arri ers and on e trailer to tran s p ort u p to 8 b arriers at a tim e. T he b arriers wou ld b e stored at P u b lic Works.

24 b arriers wou ld b e su fficien t for m ost C ity sp eci al even ts, i n c lu d i n g S cary-A-Fai re, closin g B en son for L ig ht U p T he N i g h t, 5 K ru n s d ep en d i ng on th e route taken , an d ot h er even ts such as d ow ntow n d in in g or Farm er's M arket.

For larg er even ts s u c h as t he L em on Fes ti val an d C h ristm as Parad e, ad d it ion al b arri ers b eyon d th e 2 4 b ei ng p rop osed for p u rchase wou ld b e necessary. I n ord er to p rovid e th e m ost cost- effective sol ut ion , a d ep l oym en t services an d eq uip m ent ag reem ent is b ein g p rop osed . U nd er a d ep loym en t services ag reem en t, M erid ian wou ld u ti li ze C i ty ow n ed b arriers an d p rovi d e a red uced cost (as com p ared t o trad i ti on al rent al p ri ces ) to su p p lem ent an y need s t h e C ity w ould h ave for sp ecial events.

F I S C A L I M P A C T S
Th e O ct ob er 1 1, 20 21 A R PA I nvestm ent P lan ap p roved b y C it y C oun ci l d esig nat ed $7 5,0 00 in A R PA fu n d s for a crash -rat ed b arriers. S taff i s req ues ti ng an ad d it ion al allocat ion of $1 35 ,01 5.2 0 and a b u d g et ad ju st m en t for th e t otal p u rch ase p ric e of $2 1 0 ,0 1 5 .2 0 for the p u rchase of a trailer and 24 b arriers from M eri d i an Rap id D efen se G rou p . T here are su fficien t A R PA fu nd s availab le for th is p u rchase.

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
M eridian Barriers P urchase Quote
M eridian S ole Source Letter
M eridian M ade in America
M eridian S AF E T Y Act Designations
M eridian S ervice and E quipment Agreement
Deployment S ervices Addendum

177 E. Colorado Blvd, Suite 200
Pasadena, CA 91105
+1 8186414431
[email protected]
Quote

ADDRESS
Sergeant Moe Duran
Upland CA Police Department
1499 W 13th Street
Upland, CA 91786

SHIP TO
Sergeant Moe Duran
Upland CA Police Department
1499 W 13th Street
Upland, CA 91786
QUOTE #DATE EXPIRATION DATE
05172022-UPD 05/17/2022 08/17/2022

PRODUCT DESCRIPTION QTY RATE AMOUNT
8 Barrier Trailer Kit - GSA 8 Barrier Trailer Kit 1 83,699.34 83,699.34 Archer 1200 Barrier - GSA Archer 1200 Anti-Vehicle Barrier 8 6,513.75 Archer Hauler - GSA Archer Hauler™1 1,925.18
Archer Field Tow Bar -
GSA
Archer Field Tow Bar 2 574.18
Arrestor Cable (4ft) - GSA Arrestor Cable™ (4ft)7 574.18 Arrestor Cable (10ft) -
GSA
Arrestor Cable™ (10ft)2 670.68
Archer 8-Barrier Drop
Deck Trailer - GSA
Archer 8-Barrier Drop Deck Trailer 1 23,155.18
Archer 1200 Barrier - GSA Archer 1200 Anti-Vehicle Barrier 16 6,513.75 104,220.00T Archer Hauler - GSA Archer Hauler™2 1,925.18 3,850.36T
In-Field Installation & Certified
Training
In-Field Installation & Certified Training 1 1,495.00 1,495.00T Freight/Shipping Freight/Shipping to customers location 1 1,645.00 1,645.00T PAYMENT TERMS:

Due to high demand levels, your delivery date will be
guaranteed with your 50% deposit so that your protection starts when you need it.

SUBTOTAL 194,909.70
TAX 15,105.50
TOTAL USD 210,015.20
Accepted By Accepted Date

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
www.meridian-barrier.com

June 17, 2022

Mr. Stephen Parker
City of Upland
460 N Euclid Avenue
Upland, California 91786

This is a sole source letter to certify that the Archer 1200 Barrier, the Archer 1200 Trailer Barrier Kit, and the Archer Beam Gate are MERIDIAN exclusive products that are manufactured and sold by Meridian Rapid Defense Group LLC (“MERIDIAN”). MERIDIAN is the creator, manufacturer, and patent holder of these products.

The Archer 1200 is manufactured in US with 700 lbs. of American made steel and has been tested to MASH, ASTM, PAS 68, and IWA14. No other product on the market meets this standard except the Archer 1200 Barrier.

We are glad to make ourselves available to provide further technical information on materials and the proper use of the above listed items. MERIDIAN provides the in-field training of the equipment to ensure the safety and effectiveness of the Archer 1200 Barrier.

The following items detail the unique, and one of its kind, characteristics of the Archer 1200 Barrier:

• No other product on the market provides unanchored stopping power certified to US DOD and PAS 68 standards. Unbolted units stop a vehicle traveling 30 mph within 14 feet; no other product on the market meets this standard.
• No other product on the market is rated for armor-piercing NATO ammunition up to .50 cal. ballistic rounds.
• No other barrier on the market is designed as a non-electric and non-hydraulic unit. • The Archer 1200 Barrier has easily deployable wheels that are self-contained on the barrier and effortlessly positioned. No other product on the market has this unique characteristic. • No other product on the market can be installed as a complete barrier system with MERIDIAN’s 4-foot and 10-foot Arrestor Cables.
• MERIDIAN’s unique, one-of-a-kind barriers can be deployed at any desired length, as unit can be “daisy chained” together. This cannot be achieved with any other product on the market. • MERIDIAN’s unique products are transported and positioned using a specially designed Drop Deck Trailer.
• A remaining unique feature of the Archer 1200 Barrier is that the unit allows f or the installation of directional or informational signage.

Please feel free to contact me with any specific questions or additional requests for information.

Many thanks,

Eric Alms
President
Cell: (626) 755-6493 or (213) 400-9811
[email protected]

www.meridian-barrier.com

MERIDIAN Products Made in America

MERIDIAN Rapid Defense Group is an American company that manufactures all its products in the United States. Our company has never manufactured our products overseas or sourced the steel or components outside of America. We have believed that supporting jobs in the United States by purchasing American steel and making our pro ducts in American steel fabrication factories is core to what we do.

Our company has the strictest standards around all the engineering processes to ensure we meet the standards required by the Department of Defense, Department of State, and the Department of Homeland Security. MERIDIAN has developed unique patents and technology that cannot be replicated outside of the United States protecting the intellectual rights and integrity of what we do. Patent Numbers: US 7,918,622 B2; US 8,215,866 B2

These patents have been developed and have taken many years to complete . The accreditation through the testing process was also completed in the United States. Due to our products having the strict standards of compliance the company does not outsource its technical specifications to anyone and the company also conducts full factory audits to ensure global compliance practices are always met and continue in place.

MERIDIAN does not outsource the critical quality control steps and these processes are done consistently throughout the manufacturing process with our University Qualified Engineering Department. What this means is that MERIDIAN keeps jobs in America supporting the economy in many areas from steel production to steel manufacturing, to sales and distribution, shipping, freight, delivery, training and ongoing maintenance and compliance.

MERIDIAN’s supply chain and products must meet all the standards necessary to be in compliance with the Department of Homeland Security so the company can continue to be the only mobile barrier system and technology to be both SAFETY Act DESIGNATED and CERTIFIED in the world. This certification has a global coverage that is only afforded to our company and this means Made in America is a cornerstone of what we do.

We are proud to be an American company and proud to be American Made. The company has worked over the last 15 years to deliver the best -in-class mobile barriers ensuring that we continue to make people, communities and places safer here in the United States of America and beyond.

www.meridian-barrier.com

MERIDIAN’s SAFETY Act Designations
Awards by the U.S. Department of Homeland Security:

The SAFETY Act
DESIGNATION as QUALIFIED ANTI-TERRORISM TECHNOLOGY (QATT) CERTIFICATION for APPROVED PRODUCTS LIST FOR U.S. DEPARTMENT OF HOMELAND SECURITY MERIDIAN Rapid Defense Group has been awarded the highest official recognitions, accreditations and approvals by the U.S. Department of Homeland Security (DHS) pursuant to The SAFETY Act.

The SAFETY Act creates a liability management system for providers of approved anti-terrorism technologies and products. The SAFETY Act protects MERIDIAN, its customers, and users of its products from liabilities for claims arising out of an act of terrorism. In the almost twenty-year history of The SAFETY Act, only about 1000 companies have been granted these invaluable protections backed up by the U.S.

Government.

PRODUCTS CUSTOMERS COVERAGE
The MERIDIAN products and technology
covered by these elite awards are the Archer
1200 Barrier, Archer Field Tow Bar, and
Archer Hauler. These products and
technology form the core of MERIDIAN’s
anti-terrorist vehicle protections and
solutions. Use of these Best-in-Industry
MERIDIAN products affords the customer or
user the extraordinary SAFETY Act
protections from liabilities resulting from
acts of terrorism.

The protections awarded to MERIDIAN
under The SAFETY Act extend to and flow
down to all MERIDIAN customers, suppliers,
vendors, users and others in its supply chain
from third party claims related to any act of
terrorism as determined by DHS. These
protections by the U.S. Federal Government
are extended to both U.S. and international
customers. They also cover acts of terrorism
that occur or originate within or outside of
the U.S.

The protections are truly extraordinary in
substance and process. Customers of
MERIDIAN are immune from liability for the
use of MERIDIAN DESIGNATED and
CERTIFIED products and technology.

MERIDIAN’s liability is strictly limited to its
approved insurance coverage. All claims
arising from a terrorist act in any way
allegedly involving or impacting MERIDIAN
and its products may only be brought in U.S.

Federal Courts. All claims for punitive
damages and noneconomic damages are
barred.

What this means is that MERIDIAN will not be destroyed by either the amount of claims or the costs of defending against such claims.

MERIDIAN cannot be forced into faraway courts in another country. MERIDIAN will be there to service and provide to its customers before and after any act of terrorism. And MERIDIAN’s customers will also be protected from liability in U.S. Federal Courts with these protections backed up by the obligations of the U.S. Government as established in the formal laws of the U.S. under The SAFETY Act.

MERIDIAN has been specifically authorized by DHS on behalf of the U.S. Government to inform you—the customers, clients, subcontractors, vendors, and users of MERIDIAN’s Qualified Anti-Terrorism Technology—that you are immune from liability and claims of liability arising from acts of terrorism. DHS has backed up this message by also specifically authorizing our display of the official marks for DESIGNATION and CERTIFICATIONS under The SAFETY Act as set forth above.

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
www.meridian-barrier.com
pg. 1

Certified Deployment Services and Equipment Agreement

Meridian Rapid Defense Group LLC (“MERIDIAN”), a Delaware Limited Liability Company, and registered in the State of California, contracts to supply certified deployments, equipment, and related services as described in the Definition section of this agreement to____________________________ (Company, City, County, Organization or Events).

For good and valuable consideration, the adequacy and sufficiency of which is acknowledged by each of the parties, the parties agree as follows:

Definitions:
1) Description of Equipment. All MERIDIAN equipment is marked with serial numbers and will be used to identify ownership of each piece of MERIDIAN equipment and technology.

2) Ownership of MERIDIAN equipment. When the equipment is rented to the renter the equipment remains 100% owned by MERIDIAN regardless of the location of the equipment, and MERIDIAN reserves all it rights to ownership when a rental contract is entered into.

3) Terms of Agreement. The Terms of Agreement will have a start date and finish date as outlined in each agreement.

4) Pricing. Will be defined based on the number of pieces of equipment and the duration of the rental or per event. A Safety Specialist will be priced per event for delivery, staging, set up and pick up and are all non-union.

5) Event Planning. The event will be planned using MERIDIAN’s Vehicle Safety Mitigation Plans and approved by the customer or local authorities.

6) After Action Reports. Will be supplied on request from the customer so that adjustments can be made for similar events to ensure the perimeter safety plans are of the highest caliber.

7) Quoting of pricing. This will be done on an annual basis using MERIDIAN’s sole source language and that of the city, county, or government organization.

8) Cooperative Agreement. All MERIDIAN agreements will be standard cooperative agreements allowing other government bodies to use this agreement to cover all vehicle safety mitigation solutions with MERIDIAN on a national basis.

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pg. 2

9) Permitting for events. All event permits will be organized by the city before MERIDIAN prepares a Vehicle Safety Mitigation Plan.

10) Insurances. The event organizers or city will be required to have liability insurance, as will MERIDIAN to the value of $2,000,000 and each party will be named on each other’s policies.

11) The SAFETY Act. MERIDIAN is both Certified and Designated under The SAFETY Act by the Department of Homeland Security, and all customers are afforded the same protection when using MERIDIAN equipment.

12) Use of Customer equipment. When MERIDIAN uses and moves customer equipment it must be in serviceable condition for use prior to the event. If there are equipment issues before or during its use MERIDIAN will advise the customer of the issues at hand immediately. If MERIDIAN has substitute equipment for the customer, it will be at the standard contract rates.

13) The Customer. The customer is the entity or person that rents the equipment or services from MERIDIAN and should be a legal entity in Good Standing.

14) Certifications and Deployments. All equipment must be deployed as per the certifications that MERIDIAN has achieved without variation.

DESCRIPTION OF EQUIPMENT & SERVICES
MERIDIAN Standard Equipment and Services List
Archer 1200 Barrier
Archer Field Tow Bar
Archer Hauler
Archer 4 Ft. Arrestor Cables
Archer 10 Ft. Arrestor Cables
Archer Cable Ramp
Archer Beam Gate
Archer Wayfinding Frames
Archer Traffic Management Signs
MERIDIAN Drop Deck Trailer
MERIDIAN Trucks
Vehicle Safety Mitigation Plans
After Action Reports
MERIDIAN’s Certified Field Specialists
Trailer Kits of 8-9 Archer Barriers and Accessories
Single Event

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Pasadena, California 91105
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pg. 3

15) Terms of Lease. The commencement and expiration of the term for which the Equipment described above is leased is the period commencing with the Install Date designated in the box immediately below and expiring with the Removal Date designated in the box immediately below:

INSTALL DATE:

REMOVAL DATE:

Each piece of equipment rented hereunder shall be made available and returned to MERIDIAN on the termination of the term of the rental period. The commencement or expiration date of this rental can only be modified by the written agreement of the parties hereto. 16) Payment of Rental/Services. Upon the customer accepting the Equipment Rental Quote from MERIDIAN and signing this Agreement, the renter shall pay a deposit of a twenty percent (20%) non-refundable deposit. The balance of the rent or service is payable fourteen (14) days before the scheduled Delivery Date. Final invoices are due and payable upon transmission by MERIDIAN. MERIDIAN reserves the right to impose a late payment charge of one and one-half percent (1.50%) per month (or the maximum amount allowed by law if less) on all sums not timely paid. The customer is responsible for payment of sales and other applicable taxes and charges imposed by any governmental authority based on the rental, transportation, delivery, and/or use of the Equipment. If customer fails to pay any rent or part thereof, or other amount herein provided with ten (10) days after the same is due and payable, or if customer fails to observe, keep or perform any other provision of this Agreement required to be observed, kept or performed by customer, MERIDIAN shall have the right to exercise any one or more of the following remedies:

a) To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Renter.
b) To sue for and recover all rents, and other payments, then accrued or thereafter accruing. c) To terminate this Agreement and take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law (and customer hereby waives all damages occasioned by such taking of possession). d) To pursue any other remedy at law or in equity. Notwithstanding any repossession or any other action which MERIDIAN may take, customer shall be and remain liable for the full performance of all obligations on the part of the customer to be performed under this Agreement. All of MERIDIAN’s remedies are cumulative and may be exercised concurrently or separately.

177 E. Colorado Boulevard, Suite 200
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pg. 4

Customer shall pay to MERIDIAN the rent for the Equipment or Services provided in the total amount set forth opposite Total Rent in the box immediately below without offset or deduction for any reason whatsoever:

RENT/SERVICES PAYABLE

TOTAL PAYMENT:_________________________________________________________

The customer shall pay the Total Due no later than ___________________. All Rent payments shall be paid to MERIDIAN via Check, Credit Card, or Wire Transfer only. Information below:

Bank Wire Info:

17) Ownership of Property. This Agreement constitutes a rental of the Equipment and or Service and is not a sale or the creation of a security interest. The customer will not have, or at any time acquire, any right, title, or interest in the property, except the right to possession and use as provided for in this agreement. MERIDIAN will at all times be the sole owner of the property. The customer shall not sublet, encumber, or dispose of the Equipment, which is the subject of this agreement, and will not remove the Equipment from the location where it is placed by MERIDIAN without the express written consent of MERIDIAN. The customer will not remove, cover, or interfere with MERIDIAN’s identification or advertising labels attached to the equipment.

18) Use of Property.

a) Rights of the customer. Customer will be entitled to the absolute right to the use, operation, possession, and control of the Equipment during the term of the rental, provided that customer is not in default of any provision of this agreement. The customer will employ and have absolute control, supervision, and responsibility over any operators or users of the property once trained by MERIDIAN and or if MERIDIAN is not supplying such Certified Field Specialists for the event itself. All Equipment delivered to the customer by MERIDIAN shall be returned to MERIDIAN in the same condition as when first delivered to the customer,

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
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pg. 5
ordinary wear and tear resulting from the normal and proper use thereof and force majeure events expected.

b) Duties of customer. Customer will use the Equipment in a careful and proper manner and will not permit any Equipment to be operated or used in violation of any applicable federal, state, or local statute, ordinance rule, or regulation relating to the possession, use, or maintenance of the property. The customer agrees to reimburse MERIDIAN in full for all verifiable and substantiated damage to the property directly arising from any intentional misuse or negligent act by the customers, its employees, its agents, and its licensees.

Customer will indemnify and hold MERIDIAN harmless from any liabilities, forfeitures, or penalties for violations of any federal, state or local statute, rule or regulation.

c) Use of equipment by the customer. Customer warrants that the Equipment will be used for commercial or business purposes only, and in the conduct of a lawful business and in accordance with the certifications of the equipment. Customer shall not, without MERIDIAN’s prior written consent, remove the Equipment from the location where it is installed, part with possession or control of the Equipment or attempt or purport to sell, pledge, mortgage or otherwise encumber any of the Equipment or otherwise dispose of or encumber any interest under this agreement

19) Delivery and Installation of Rental

a) Responsibilities of MERIDIAN and the customer. Unless otherwise provided in the box immediately below, MERIDIAN shall be responsible, at the rental fee, for the delivery, installation, and removal of the Equipment at the site designated by the customer in the box immediately below with a Vehicle Safety Mitigation Plan.

INSTALLATION RESPONSIBILITY; DEPLOYMENT LOCATIONS

MERIDIAN is responsible for delivery, installation, and removal. (The Service)

Description/Address of deployment site:

The customer agrees to provide, at its expense, sufficient unobstructed space for the delivery, installation, dismantlement and removal of the Equipment, and access to such space. This

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
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pg. 6
shall denote the staging of the equipment prior to set up. This staging will be a location where set up can be completed without having to reengage a trailer.

b) Time of delivery; Disclosures by the customer. MERIDIAN shall deliver and deploy the Equipment at such reasonable times as it deems best for safety and scheduling, allowing time for the customer’s associates, vendors, and/or staff to be protected from vehicular threats.

MERIDIAN is not obligated to wait more than two (2) hours beyond each of the times scheduled for delivery and pick up and customer will be responsible for additional charges in the event the customer is not ready for the pick-up at the agreed-upon time.

c) Rental Term. Unless otherwise specified in the contract, the Rental Term is computed on a daily basis, including any parts thereof, beginning upon Delivery to customer and ending upon return Pick-Up by MERIDIAN. No distinction is made for Saturdays, Sundays or Holidays.

When MERIDIAN is to pick-up the Equipment from the customer, the customer agrees to provide MERIDIAN a reasonable period for removal of Equipment upon completion of the rental term, not to exceed twenty-four (24) hours unless otherwise agreed-upon time.

d) Condition of Equipment and Inspection. Unless the customer objects at the time of delivery, it shall be deemed conclusive that all Equipment was delivered and was in good working order. MERIDIAN reserves the right for any reason to substitute functionally equivalent Equipment for Equipment specified in the Agreement. Upon Tender of deliver, no allowance will be made for any rented Equipment or portion thereof which is claimed not to have been use by the customer. In the event of non-conforming Equipment, MERIDIAN will have the option to either.
i. Repair or replace the non-conforming Equipment.
ii. Credit the customer for the non-conforming Equipment against amounts otherwise due under the agreement.

e) Site Conditions. To the extent MERIDIAN contracts for unloading, installation, dismantling and/or reloading, Renter must ensure that the site, including all access routes, working environment and installation location(s) (“Site”), is adequate and free of any objects that could prevent or hinder access. Any damage to the Site will be the responsibility of the customer unless solely caused by MERIDIAN, and the customer will be responsible for any delays as well as additional charges based on inadequacies in Site conditions.

20) Risk of Loss. The customer shall be fully responsible hereunder and bear the risk of loss for the Equipment commencing with the delivery of the rented Equipment to the customers event or access site or, if the customer is to install the Equipment, delivery to customer. The risk of loss shall continue until MERIDIAN removes the Equipment from the site or, if the customer is to remove the Equipment, until return of the Equipment to the location designated by MERIDIAN.

Risk of Loss includes destruction, loss, confiscation, theft, taking, or damage from any cause

177 E. Colorado Boulevard, Suite 200
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pg. 7
whatsoever, except for that which arises as a result of MERIDIAN’s negligence or willful misconduct. If any such event occurs, the customer shall notify MERIDIAN in writing as soon as possible, but no later than 48 (forty-eight) hours following such event. If damage occurs and the

piece of Equipment is repairable, the customer under MERIDIAN’s guidelines shall repair such piece of Equipment to its condition prior to the damage or reimburse MERIDIAN for its reasonable actual out-of-pocket cost of repairs of such Equipment. If damage occurs and the piece of Equipment is nonrepairable, the customer shall pay on demand to MERIDIAN the replacement value, as determined by MERIDIAN, unless MERIDIAN had been paid such replacement value under the insurance customer is required to provide under Section below. If the replacement value has not been paid to MERIDIAN by the Removal Date set forth above, the customer’s obligation to pay rent for the proportionate share of the destroyed Equipment shall continue until replacement value is paid to MERIDIAN at a per diem rate equal to:

a) Total Rent (from Section 3 above) divided by Number of Days Rented (from Section 2 above) Multiplied by

b) The proportionate share of the destroyed Equipment (as reasonably determined by

MERIDIAN)

21) Title and Quiet Enjoyment of Equipment. MERIDIAN represents and warrants that MERIDIAN has title to the Equipment, and during the term of this Agreement, shall not interfere with the customer’s quiet enjoyment of such Equipment. MERIDIAN represents and warrants what it has the right to rent the Equipment to the customer.

22) Insurance.
a) The Customer’s Duty to Insure. Customer agrees at its own expense to maintain comprehensive general liability insurance, including death, bodily injury, and property damage in an amount not less than $2,000,000.00. MERIDIAN shall also maintain suitable comprehensive public liability insurance, naming Meridian Rapid Defense Group LLC as an insured party under that policy. The customer shall deliver to MERIDIAN a Certificate of Insurance at least fourteen (14) days prior to the Delivery Date of the first time the customer rents equipment from MERIDIAN. Thereafter, if the customer is to rent equipment or services from MERIDIAN at other times, the customer shall always maintain said insurance applicable to the customer’s rental of equipment. The customer agrees that such insurance shall remain in full force whenever customer rents equipment or services from MERIDIAN and shall provide MERIDIAN with a 30-day pre-notice of cancellation or material change in the insurance coverage.

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
www.meridian-barrier.com
pg. 8

Renter’s Insurance Certificate has been delivered on Renter’s Initials:

Renter hereby agrees that for any reason whatsoever if the Renter’s Insurance as described above is determined to not be in full force and effect at any time that Renter is in possession of MERIDIAN’s Equipment, MERIDIAN may and will obtain insurance coverage naming Renter as the Insured and MERIDIAN as the loss payee. The actual and reasonable costs of said Replacement Insurance will be the obligation of the renter.

Agreed and Accepted by Renter on Renters Initials:

It is further Agreed and Accepted by the customer that if the customer decides to not provide insurance as set forth in this provision and so notifies MERIDIAN, MERIDIAN shall proceed forthwith to arrange Replacement Insurance for the customer to take effect no later than the first moment for the customer to be in possession of equipment and or service that the customer will be responsible for and obligated to pay the actual and reasonable costs of such Replacement Insurance.

MERIDIAN Rapid Defense Group LLC ________________________________ By: _____________________________ By: _____________________________ Signature: __________________________ Signature: _______________________ Title: ______________________________ Title: ___________________________ Date: ______________________________ Date: ___________________________

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
www.betterbarriers.com

Addendum To Deployment and Equipment Agreement

Meridian Rapid Defense Group LLC (“MERIDIAN”), a Delaware Limited Liability Company and registered in the State of California, has agreed to contract with the City of Upland, California (“CITY”), whereby MERIDIAN will supply to the CITY certified deployments, equipment, and related services pursuant to a rental and leasing arrangement, all as set forth in a proposed Certified Deployment Services and Equipment Agreement (the “Agreement.”) That Agreement is currently in the process of being accepted and approved by the CITY. That Agreement is focused upon providing the services to the CITY specifically directed to forthcoming events to be held in the CITY.

MERIDIAN and the CITY, in furtherance of the Agreement and taking into consideration the current process of finalizing that Agreement with approval of the CITY, do hereby concurrently and further agree to this Addendum to the Agreement and with said Addendum to serve for all purposes as an enforceable provision of the Agreement as if originally set forth therein.

NOW THEREFORE, it is agreed:

A. INDEMNIFICATION and HOLD HARMLESS: MERIDIAN shall indemnify, protect, defend and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, lawsuits, judgments, or expenses arising out of or relating to a negligent act, negligent omission, or wrongful conduct that is sustained from or relate in any way to MERIDIAN’s performance of its services pursuant to this Agreement.

B. GENERAL SERVICES to be PROVIDED by MERIDIAN: MERIDIAN and the CITY agree that the services and equipment to be provided to the CITY by MERIDIAN for the various events as determined by the CITY may vary from event to event (hereinafter referred to as the “Events.”) MERIDIAN and the CITY each agree to reasonably accommodate and implement a working arrangement for each Event to insure the efficient and appropriate delivery of services and equipment from MERIDIAN to the CITY.

Therefore, MERIDIAN and the CITY hereby agree to an operational protocol whereby each will designate a representative to be responsible for implementation of each service and providing of all equipment for each Event, which process shall include the authorization of the Designated Representatives to agree to any necessary modifications or clarifications of the Agreement in the interest of fulfillment of all requirements for each Event, as follows:

The Designated Representatives listed below shall be authorized to act on behalf of the named party, be responsible for negotiations and contractual matters as required and appropriate for each Event, and coordinate with each other to perform

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
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the services under this Agreement. Additionally, MERIDIAN’s services shall be performed or immediately supervised by MERIDIAN’s Designated Representative.

CITY of UPLAND MERIDIAN Rapid Defense Group LLC Designated Representative: Designated Representative:

Name: __________________________ Name: ______________________ Title: __________________________ Title: ______________________ Direct Phone: ____________________ Direct Phone: ________________ Email: __________________________ Email: ______________________ Mailing Address if different from above: Mailing Address if different from above:
______________________________ ________________________________

Further, with respect to the management and provision of the services and equipment to be deployed to the CITY for each Event, both Parties acknowledge that the purpose and intent of the Agreement may in various respects be consistent with long-term, readily modifiable and extendable General Service Agreements as utilized within the State of California by numerous city, county and other California governmental organizations.

Therefore, following the implementation of the Agreement and the provision of services and equipment to Events, the Parties through their respective Designated Representatives may seek further modifications of the contractual relationship between the Parties to effectuate a General Services Agreement.

C. AUTOMOBILE LIABILITY:
(i) At all times during the performance of the work under this Agreement, the MERIDIAN 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.

D. WORKER COMPENSATION/EMPLOYER’S LIABILITY:
(i) MERIDIAN certifies that it 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

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
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or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing work under this Agreement.

(ii) To the extent MERIDIAN has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, MERIDIAN shall maintain full compensation insurance for all persons employed directly 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.

E. SERVICES AND EQUIPMENT PRICING CONFIRMED AND AGREED:

MERIDIAN Standard Equipment and Services List
Archer 1200 Barrier
Archer Field Tow Bar
Archer Hauler
Archer 4 Ft. Arrestor Cables
Archer 10 Ft. Arrestor Cables
Archer Cable Ramp
Archer Beam Gate
Archer Wayfinding Frames
Archer Traffic Management Signs
MERIDIAN Drop Deck Trailer
MERIDIAN Trucks
Vehicle Safety Mitigation Plans
After Action Reports
MERIDIAN’s Certified Field Specialists
Trailer Kits of 8 -9 Archer Barriers and Accessories

1. Archer 1200 barrier rental
• Daily per barrier $50
• Daily for a week per barrier $25 or $175 per week
• Daily for a month per barrier $20 or $150 weekly and $600 per month

2. Archer Field Tow bar (No charge if rented with barriers) • Daily $12 per tow bar
• Daily for a week per tow bar $10 or $70 per week
• Daily for a month per two bar $8 or $60 weekly and $240 per month

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
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3. Archer Hauler (No charge if rented with barriers)
• Daily per Hauler $15
• Daily for a week per Hauler $12 or weekly $84
• Daily for a month per Hauler $10 or $75 per week and $300 per month

4. 4 Foot arrestor cable (No charge if rented with barriers) • Daily per arrestor cables $5
• Daily for a week per arrestor cable $4 or $28 per week • Daily for a month per arrestor cable $3 or $22.50 per week or $90 per month

5. 10-foot arrestor cable (No charge if rented with barriers) • Daily per arrestor cable $7
• Daily for a week per arrestor cable $5 or $35 per week • Daily for a month per arrestor cable $4 or $30 per week or $120 per month

6. Archer Cable ramp
• Daily per cover $5
• Daily for a week er cover $4 or $28 per week
• Daily for a month per cover $3 or $22.50 per week or $90 per month

7. Archer beam Gate
• Daily $1,995
• Weekly $1,295
• Monthly $5,995

8. Archer Wayfinding signs (All in sets of 4)
• Daily $20 for a pack of 4
• Daily for a week of a pack of 4 $10 per day or $70 per week • Daily for a month of a pack of 4 is $8 or $80 per week and $240 per month

9. Archer Traffic management signs (All in sets of 4)
• Daily $8 for a pack of 4
• Daily $6 for a pack of 4 weekly $42
• Daily $4 for a pack of 4 for a week $30 or $120 a month

10. Archer Drop Deck Trailer
• Daily $150
• Weekly $350
• Monthly $900

11. Meridian Trucks
• Daily $75 plus insurance
• Weekly $450
• Monthly $995

12. Vehicle Safety Mitigation Plans
• 1-12 $250 each
• 13 -24 $125 each
• 24 + $100 each

13. After Action Reports
• 1-12 $60 each
• 13-24 $50 each
• 24 + $40 each

14. Meridian Certified Field Specialist (4 hour Minimum) • $45 per hour

177 E. Colorado Boulevard, Suite 200
Pasadena, California 91105
www.betterbarriers.com

15. Meridian Trailer kit of barriers 8- 9
• Delivery, stage and set up $500 (for 12 plus events)
• Pick up clean $500 (for 12 plus events)
• Deliver, stage and set up $750 (for 1-11 events)
• Pick up and clean $750 (for 1-11 events)

MERIDIAN Rapid Defense Group LLC City of Upland

By: __________________________ By: ____________________________

Signature: ____________________ Signature: ______________________

Title: _________________________ Title: __________________________

Date: _________________________ Date: __________________________

S T A F F R E P O R T
I T E M N O . 13.A .

D A T E :J uly 11 , 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 : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :C O N S I D E R C R E A T I N G A C I T Y C O U N C I L A D H O C 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 i s recom m en d ed t h at th e C ity C ou n c il d iscuss an d con si d er ap p oi n t in g t w o C ou ncilm em b ers to form an A d H oc C om m ittee to review and p rioritize p ark p rojects.

G O A L S T A T E M E N T
Th e p rop os ed act ion s u p p orts t he C i ty's g oal for p rom oting p ol ic ies an d p rog ram s t hat are in th e b est interest of the p ub lic.

B A C K G R O U N D
At th e req u est of M ayor Velto and C oun cilm em b er G arcia, th is item h as b een ad d ed to the C ity C oun cil ag end a for consid eration .

I S S U E S /A N A L Y S I S
F rom tim e to tim e, th e C it y C oun ci l m ay ch oose to ap p oin t from i ts m em b ers , two rep resentatives to p rovid e analysis, consid eration s, an d recom m en d ation s to th e entire C ity C ou ncil on a sin g le issu e or p roject.

F I S C A L I M P A C T S
Th ere is n o fiscal im p act associated with th is action .

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
No Attachments Available

S T A F F R E P O R T
I T E M N O . 13.B .

D A T E :J uly 11 , 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 S U B J E C T :C I T Y M A N A G E R 'S A D V I S O RY PA N E L R E P O RT

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 i ty C ou ncil rec eive a p resen tat ion an d rep ort b y t he C ity M an ag er's A d visory Pan el.

G O A L S T A T E M E N T
C ity's g oal of p rovid ing fiscal stew ard sh ip for the C ity of Up lan d .

B A C K G R O U N D
For over t hree d ecad es t h e C it y of U p l an d has taken m an y ac ti ons aim ed at keep in g the G eneral F u n d sol ven t . W h i le U p lan d res id en t s en joy th e l ocal q ualit y of life ou r com m u nity p rovid es, t h e C ity's b ed room com m u ni ty statu s p u t s it at a d eficit com p ared w it h oth er neig h b orin g cities w ho h ave m ore rob ust com m ercial d evelop m ent.

For t hree d ecad es, t h e C ity C ou n ci l has p roactively "kep t it s fi n an ci al hou se i n ord er" b y red ucin g sp end in g to level s consisten t w it h reven ue p roject ion s. M an y C it y s ervi ces have b een ou ts ou rced , m ajor cu ts h ave b een m ad e an d em p l oyee con cessions have b een req u ested tim e an d t im e ag ai n. W h il e that m et hod olog y has all ow ed t h e C it y to st ay sol vent , it h as n ot allow ed U p land to m ake s ig ni fic ant in vest m en ts in t h e areas our res id en t s have exp res sed a stron g d esi re: M aint ain in g local s treets an d alleys an d rep airin g p oth oles , p rovi d i ng q uick resp on ses to 9 -1-1 em erg en cies an d ad d ressin g h om elessness.

I S S U E S /A N A L Y S I S
Recog nizing th e need to s eek p u b l ic inp ut and g u id ance on h ow to b est ad d res s th ese ch alleng es g oi n g forward , C i ty M anag er M i ch ael B lay con ven ed a C it y M an ag er's A d visory Panel (A d vis ory Panel) con si st in g of loc al com m u nity l ead ers w ith d eep ties t o the C it y of

Up lan d 's l ocal b u s in ess an d ci vic c om m u n it y. A d vis ory Pan el m em b ers are all volu nteers, an d servin g w i th ou t c om p en s ati on . I n Feb ru ary, 2 02 2, th e C it y M anag er ap p oin ted eig h t m em b ers to t he A d visory Pan el an d req u est ed it s m em b ers rep ort t o th e C ity C ou n c il at the con clusion of th eir service. E ach ad visory p anel m em b er was asked to review a s eri es of d ocum ents p rovid ed and b ri n g a u ni q u e an d fresh p ersp ective t o t h e fiscal ch all eng es faced b y th e C ity.

Th e A d visory Pan el b rain st orm ed p olicy su g g est ion s, w it h n o id ea b ei ng d is cou rag ed , focusin g on exp en d it u re red u ct ion s an d revenu e increases. T h e at tac h ed C it y M anag er's A d visory Panel Rep ort p res en t s th e p ol icy su g g est ion s th e A d vis ory Pan el b elieves are t h e m ost im p ortan t and shou ld b e carefu lly consid ered for im p lem entation b y th e C ity C oun cil. T he C h air an d V ice-C h air of t h e A d vi sory Panel wi ll also p rovid e a p resent ation on t h ei r find in g s to C ity C oun cil at th e C ou ncil M eetin g .

F I S C A L I M P A C T S
Th ere i s n o fiscal i m p act relat ed t o action on this item . Th ere w ill b e fis cal im p act s relat ed to each of th e rec om m en d ati on s con tai n ed with in th is it em . T hese fis cal im p ac ts w il l b e ad d ressed at the tim e th e C ity C oun cil is req u ested to take action.

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
City M anager's Advisory Panel Report 7.11.22
Advisory P anel's City Council Presentation 7.11.22

CITY MANAGER’S ADVISORY PANEL REPORT – JULY 11, 2022

BACKGROUND
For over three decades the City of Upland has taken many actions aimed at keeping the General Fund solvent. While Upland residents enjoy the local quality of life our community provides, the City’s bedroom community status puts it at a deficit compared with other neighboring cities who have more robust commercial development.

The financial impacts to the City have changed over the years, but one common thread exists – continued actions of the State that have reduced and limited City revenues. The 2001 Financial Workout Plan pointed out the State’s reallocation of property tax revenue to the Educational Relief Augmentation Fund cost Upland $16 million in the 1990’s. The 2013 Fiscal Condition Report was written on the heels of the State taking away the City’s Redevelopment Agency and millions of dollars in annual funding. Even today the City is dealing with a plethora of unfunded mandates, most notably recent requirements for additional tracking and reporting in the Police Department.

Current burdens include recent increased service costs due to impacts of COVID and inflationary pressures. Those issues combine with employee staffing concerns, as Upland pays among the lowest of its neighboring peers, causing a continual churn of employees and the lost benefit of the institutional knowledge and training dollars that were invested in them.

Whenever the next recession does occur, it will likely have an immediate and material impact on the City’s two largest sources of revenue – sales and local transaction tax revenue and property tax revenue. Combined, these two sources of revenue account for approximately 75 percent of the City’s total General Fund revenue. A typical recession will likely have a modest to moderate impact on property tax revenues over a two - to four- year period; however, because sales tax revenue tends to be more susceptible to economic fluctuations, an economic downturn will have a more immediate effect on that revenue source.

PRIOR BUDGET BALANCING MEASURES IN CITY
For three decades, the City Council has proactively “kept its financial house in order” by reducing spending to levels consistent with revenue projections. Many City services have been outsourced, major cuts have been made and employee concessions have been requested time and time again. While that methodology has allowed the City to stay solvent, it has not allowed Upland to make significant investments in the areas our residents have expressed a strong desire: Maintaining local streets and alleys and repairing potholes, providing quick responses to 9 -1-1 emergencies and addressing homelessness.

FORMATION OF THE CITY MANAGER’S ADVISORY PANEL
Recognizing the need to seek public input and guidance on how to best address these challenges going forward, City Manager Michael Blay convened a City Manager’s Advisory Panel (Advisory Panel) consisting of local community leaders with deep ties to the City of Upland’s local business and civic community. The Advisory Panel was provided with the following documents:

CITY MANAGER’S ADVISORY PANEL REPORT – JULY 11, 2022

- Financial Documents, including budget, annual comprehensive financial report, reserve policy and pension funding policy;
- Current Revenue Materials, including property tax dollar breakdown, tax share distribution, revenue history, sales tax trends and a regional sales tax rates map ; - Expenses Discussion Materials including a 2022 Upland Police Officer Association Study;
- Reference Materials including a police department monthly report, City infrastructure and public works staffing references, public facilities added to City infrastructure from 2013-2021 and a 2019 Grand Jury Complaint; and - Previous Evaluations including a summary of past actions, City staff positions abolished or downgraded, a 2001 Financial Workout Plan, a 2013 Fiscal Task Force Fiscal Condition Report and additional reports and recommendations along with the 2013 Fiscal Impact Task Force Memo to Council on 1/10/14, and the 2016 Financial Sustainability Plan Staff Report.

Advisory Panel members are all volunteers, both residents and local business owners, serving without compensation. In February, 2022, the City Manager appointed eight (8) members to the Advisory Panel, and requested its members report to the City Council at the conclusion of their service. Each Advisory Panel member was asked to review the documents provided and bring a unique and fresh perspective to the fiscal challenges faced by the City.

ADVISORY PANEL MEETINGS
Tasked with thoroughly evaluating the City’s financial position, t he Advisory Panel met over four meetings. Topics of discussion included the following:

- A review of the Advisory Panel’s purpose and an overview of the provided documents as detailed above;
- A public safety report and police department organizational structure discussion from (then) Captain Marcelo Blanco;
- A Capital Improvement Report and public works organizational structure discussion from Public Works Director Braden Yu; and
- A review of the City’s budget process and budgetary shortfall.

While receiving these informational meetings, the Advisory Panel engaged in “brainstorming sessions” to identify potential policy suggestions (see Attachment 1). No idea was discouraged and every philosophy was welcomed , with the Advisory Panel focusing their draft policy suggestions on expenditure reductions and revenue increases.

The Advisory Panel prioritized policy suggestions as “Yes” and “No”. “Yes” policy suggestions are those ideas the Advisory Panel believe are most important and should be carefully considered for implementation by the City Council. “No” policy suggestions were ones that were considered, but deemed to be either not viable or not supported by the Advisory Panel. The following are the policy suggestions:

CITY MANAGER’S ADVISORY PANEL REPORT – JULY 11, 2022

EXPENDITURES

Policy Suggestion Primary/Secondary

Renegotiate or re-bid contracts for City services
(Brightview, West Coast Arborists, Library
Services, etc.)
Yes

Combine some functions with adjoining cities
(Police Department, Public Works, etc.)
Yes

Outsource some functions entirely (portions of
Public Works)
Yes

REVENUES

Policy Suggestion Primary/Secondary

Explore a one cent sales or transactions tax
measure (Requires 2/3 of Council to place on
ballot and simple majority of voters to pass -
potential annual revenue of approximately $15
million)
Yes

Restructuring the business license tax (requires
2/3 of the Council to place on the ballot and a
simple majority of voters to pass - potential
annual revenue of approximately $3 million)
Yes

Increase sales tax base ($10,000 in annual
revenue per $1 million in sales)
Yes

Revive Downtown ($10,000 in annual revenue
per $1 million in sales)
Yes

Promote events to generate revenue (2019
Lemon Festival net profit was $150,000 split
between event management and City)
Yes

Monetize assets ($50,000 annually per
electronic billboard; $100,000 annually per cell
tower, $40,000 annually for park rentals)
Yes

CITY MANAGER’S ADVISORY PANEL REPORT – JULY 11, 2022
Bridge Development ($20 million in one-time
revenue for infrastructure and City services)
Yes

Utility User’s Tax on cable, electric, gas, phone,
sewer, water, etc. for business and residential
(requires 2/3 of Council to place on ballot and
simple majority of voters to pass - $11 million in
annual revenue)
No

Parcel tax – fixed tax on all parcels in the City
(requires 2/3 of Council to place on ballot and
simple majority of voters to pass - $1.5 million in
annual revenue)
No

Cannabis sales tax – gross receipts tax on
cannabis sales (currently prohibited in Upland by
2016’s Measure U - $500,000 in annual revenue
per retail location)
No

Water park (Raging Waters produces an
estimated $100,000 in annual sales tax revenue
on $9.97 million in total sales)
No

Shooting range ($10,000 in annual revenue per
$1 million in sales)
No

Amnesty on citations and penalties (unknown
one-time revenue)
No

CONCLUSION
It should be noted that the Advisory Panel consists of a group of individuals, each with his or her own unique experience and point-of-view, and that while there may not be unanimity, there was consensus and a super majority of Advisory Panel members supported each policy suggestion and its relative ranking as a Yes or No suggestion.

However, regardless of which of these ideas the City Council might decide to adopt in addressing the City’s future fiscal challenges, the Advisory Panel applauds the City Council’s prior efforts to ensure the City “lives within its means.” The Advisory Panel felt the City has, up to now, done a good job efficiently managing its resources and providing the current level of service to our residents and businesses without having to resort to drastic cuts. In addition, the Advisory Panel suggested that, in the event new sources of revenues are developed, the City Council should continue to appropriately allocate those resources in support of programs and services identified by the public as priorities, rather than allocate them to areas of new or unnecessary spending.

CITY MANAGER’S ADVISORY PANEL REPORT – JULY 11, 2022
It is clear that each Advisory Panel member shares a wish to see the City fulfill its obligation to each resident of our community as efficiently and effectively as possible.

The Advisory Panel embraces the tradition of Upland being “The City of Gracious Living,” and is hopeful that this report provides useful policy guidance for the City Council and fulfills its mandate with the goal of helping maintain this community we all call home.

Respectfully submitted,

CITY MANAGER’S ADVISORY PANEL

Susan Coniglio Chair
Sarah Lee Vice-Chair
Kyle Hassett Secretary
Greg Bradley Member
Wes Fifield Member
John Holliday Member
Dena Larson Member
Monica Marroquin Member

CITY
MANAGER’S

ADVISORY
PANEL

PRESENTED TO

CITY COUNCIL
JULY 11, 2022

City Manager’s Advisory Panel Members
City Manager Michael Blay
Asst. City Manager Stephen Parker
Upland Resident Greg Bradley
Upland Resident Susan Coniglio
Upland Resident Wes Fifield
Upland Resident Kyle Hassett
Upland Resident John Holliday
Upland Resident Dena Larson
Upland Resident Sarah Lee
Upland Resident Monica Marroquin

City Manager’s Advisory Panel Purpose
Participate in a series of meetings prior to June 2022 to review the City’s fiscal condition,upcoming challenges,and offer
recommendations on how to best meet those challenges in light of continuing resident feedback .

Brainstorming Session -Cuts, Savings,
Efficiencies, and Revenue Items
The Panel met four (4) times over twelve (12) weeks to review budget and program information from the past twenty (20) years.
2001 Financial Workout Plan
2013 Fiscal Condition Report
2016 Plan for Fiscal Stability
2019 Grand Jury Report
2022 Budget

Brainstorming Session -Cuts, Savings,
Efficiencies, and Revenue Items
The Panel received presentations from the City Manager, Assistant City Manager, Public Works Director, and Police Chief. The presentations included:
An overview of City services and responsibilities
A budget presentation including revenues and expenditures Historical staffing levels
Police Officer compensation study
City owned assets and maintenance schedule

Cuts, Savings, and Efficiencies
Suggested by Panel
Renegotiate or Re -bid contracts for City services (Brightview,West Coast Arborists,Library Services)–unknown savings potentially in the low thousands Combine some functions with adjoining city (Police Department,Public Works)– unknown savings potentially in the hundreds of thousands Outsource some functions entirely (Police Department,Public Works)–unknown savings
Increase Retirement Age –CA pension reform act in 2013 reduced retirement benefits for public employees and increased retirement age from 55 to 62.All employees hired after Jan.1,2013 receive the reduced benefits and increased retirement age.All public agencies in CA are subject to the new pension rules.

Revenue Items Suggested by Panel
One Percent (1%)Transactions and Use (Sales)Tax -$15 million annually.

Requires 2/3 of the Council to place on the ballot &simple majority of voters to pass.
Increase Sales Tax Total –1%of all sales generated by NEW BUSINESS -$10 k per $1 million in new sales annually
Monetize Assets -$50k per electronic billboard,$100 k per cell tower,$40k park rentals
Hotel –10 %Transient Occupancy Tax currently $154 k annually Amnesty on Citations &Penalties -$497 annually
Water Park –Raging Waters Inc.produces an estimated $100 k in sales tax annually ($9.97 m total sales)

Revenue Items Suggested by Panel
Shooting Range -$10 k in revenue per $1 million in sales Revive Downtown -$10 k in additional revenue per $1 million in increased sales annually
Events to Generate $-2019 Lemon Festival net profit was $150k split between event management firm and City
Utility User’s Tax –Tax on Cable,Electric,Gas,Phone,Sewer,Water,and Wireless both Business and Residential.Rialto has an 8%tax producing $11 million annually.Requires 2/3 of the Council to place on the ballot and a simple majority of voters to pass.

Revenue Items Suggested by Panel
Parcel Tax –Fixed Tax on all Parcels in City -$1.5 million annually.Requires simple majority of Council to place on the ballot and 2/3 voter approval to pass. Business License Tax –Gross Receipts Tax on all businesses -$3 million annually.Requires 2/3 of the Council to place on the ballot and a simple majority of voters to pass.
Cannabis Sales Tax –Gross Receipts Tax on Cannabis Sales -$500k annually.

Currently prohibited in Upland by Measure U in 2016 .
Bridge Development (Amazon)-$20 million in one-time funding for infrastructure

Conclusion
The City has cut,reduced,or outsourced services for the past 20 years in response to budget constraints
There is very little left to cut,reduce or outsource
The Committee recommends that the City seek opportunities to increase revenue The residents of Upland expect and deserve:
A Safe Community
Well Maintained Streets,Sidewalks,and Alleys
Graffiti Free Parks and Public Spaces
Rapid 9-1-1 Response Times

S T A F F R E P O R T
I T E M N O . 13.C .

D A T E :J u ly 1 1, 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 : R O B E R T D. D A L Q U E S T, D E V E LO P M E N T S E R V I C E S D I R E C TO R

L I Z C H A V E Z , D E V E LO P M E N T S E R V I C E S M A N A G E R ,

G I O V A N N I A R E L L A N O, R E H A B I L I TA T I O N P R O G R A M S

A D M I N I S T R A TO 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 S M A L L B U S I N E S S I N V E S T M E N T S W I T H

A M E R I C A N R E S C U E P L A N A C T (A R PA ) F U N D I N G A N D A P P R O V E P R O G R A M G U I D E L I N E S F O R T H E "C A TC H -U P : B U S I N E S S R E N TA L A S S I S TA N C E P R O G R A M "

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 ity C ou n ci l ap p rove th e ap p rop riat ion of A R PA fun d ing for the th ree sm all b u siness in vest m en t p rog ram s, ap p rove p rog ram g u i d el in es relat ive to fu nd in g the C atch -U P : B usin ess Ren tal A ssistan ce P rog ram (th e “P rog ram ”), an d authorize the C ity M an ag er to reallocate an y of t hi s ap p roved A R PA fu n d in g b et w een t h e th ree s m al l b u siness in vestm en t p rog ram s b ased on p rog ram need s.

G O A L S T A T E M E N T
Th e p rop osed action sup p orts th e C ity's g oal to create citywid e econom ic d evelop m en t assistan ce p rog ram s t o h elp s m al l b usin esses w it h rec overy an d resi li en c y in t he w ake of the C O V I D -1 9 Pan d em ic as m and ated b y the A m erican Rescu e and Recovery P lan A ct.

B A C K G R O U N D
O n M arc h 1 1 , 2 0 2 1 , th e an n i vers ary of C O V I D -19 b ein g d eclared a g lob al p an d em ic b y the World H ealt h O rg an iz ati on , P resi d en t J oe B id en s ig n ed A R PA in to l aw. A R PA p rovid ed a $1 .9 trillion econ om i c st im u l u s p ackag e to accelerate t he U n it ed S tates' recovery from the econ om ic an d h ealth effects of th e C O V I D -1 9 p and em ic an d the on g oing recession .

O n O c tob er 11 , 20 21 , C ity C ou nc il ap p roved t he A R PA I nvestm ent P l an , id entifying how to in vest A R PA fu n d s in th e C i ty, i nclu d i ng set ting asid e $1,0 25 ,00 0 in A R PA fun d s for sm all b u siness investm ent s, i nc lu d i ng $2 00 ,00 0 for B usin ess A ssi st ance an d A tt rac ti on P rog ram , $2 00 ,00 0 for D own town S m all B usin ess Rehab il it ati on P rog ram an d $6 25 ,00 0 for sm all b u siness rental assistance.

Th e C om m ercial Reh ab ilitat ion P rog ram (C R P ) was orig in all y es tab li sh ed in 2 0 0 2 as p art of Up lan d 's E conom ic D evelop m en t S trateg y to foster econ om ic revitalization and in vestm en t in th e C it y. T h e p rim ary fu n d in g source for t he C R P was local red evelop m en t fu nd s. W it h the elim ination of red evel op m ent ag encies in 2 0 1 1 , th e C R P was d efun d ed . B eg i nn in g in 2 01 5, C ity C ou ncil ap p roved C om m u n i ty D evelop m en t B lock G rant (C D B G ) fu n d s t o ap p rop riat e to th e C R P. D u e to li m i ted fu n d in g , the C R P b eg an targ et in g t he H is toric D own town C om m ercial C orrid or un d er th e C R P 's H istorical D own town Revitalization P rog ram , w it h p rog ram g u id elines est ab lished in O ctob er 2 01 5 an d revised in S ep tem b er 2 02 1. C on d it ion al g rants w ere aw ard ed to q u alifyin g ret ail b us in ess es th at su b m it ted a p rog ram ap p li cat ion an d m et th e p rog ram fun d ing req u irem en ts to b e u sed t ow ard s exterior façad e im p rovem ents.

A d d itional fu n d i n g for t his p rog ram i s d es ig n at ed in t he A R PA I n ves tm en t P lan as the D ow ntow n S m all B usin ess Rehab ilitation P rog ram (C R P ).

Th e B u si n es s A ssist ance an d At tract ion P rog ram (B A A P ) was estab lish ed b y resol ut ion in O ctob er 20 16 an d fun d ed with C D B G fu nd s. T he p rog ram p rovi d ed zero-int erest forg ivab le loan s u p t o $50 ,00 0 wh ic h t h e b u siness c ou l d use to m ake t enan t i m p rovem en t s, toward w orking cap it al, or offset an oth er el ig ib le b u siness exp en s e ap p roved b y th e C ity. For every $2 5,0 00 p rovi d ed , th e b u siness w ou l d b e req uired t o create an d m ai nt ain one n ew fu ll tim e eq u ivalent (F T E ) job for a l ow to m od erat e-in com e p erson for a p eri od of up to two years.

O nce th e b u siness h as m et the job hire req u irem en ts, th e C ity can forg ive th e loan .

$4 00 ,00 0 i n fu n d s l is ted on t he sm all b usin ess in vest m en t p orti on of t he A R PA I n vestm en t P lan were d esig ned to sup p lem en t the C D B G -fu nd ed C R P and B A A P.

I S S U E S /A N A L Y S I S
To d ate, th e E con om i c D evelop m en t team h as rep eat ed ly en g ag ed l ocal b u si n es s lead ers, the Up lan d C h am b er of C om m erce, an d H i st ori c D own town Up lan d m erch an t g rou p to u nd erstan d th e ever-c h an g i n g n eed s of th e b u s in ess c om m u n it y. F rom th ese eng ag em ent s, S taff h as form ulated strateg ies that allow for th e d evelop m en t of assistance-typ e p rog ram s th at eq u itab ly ad d ress t he sm all b us in ess c om m u n it y’s n eed wi th avai lab le fu n d i n g . T hroug hou t th is p an d em ic, to assist U p l an d ’s b u siness c om m u n it y, S taff c reat ed excerp t s on availab le C O V I D -1 9 assistance p rog ram s w it h l in ks t o all th e vari ou s Fed eral, S tat e, an d C oun ty resources avail ab l e t o s m al l b u si n es ses , an d con ti n u all y m oni tored and u p d ated the C ity's w eb site accord in g ly. A d d itionally, d urin g the initial stag es of the p and em ic, S taff d evelop ed and ad m in is tered th e S m al l B u si ness C O V I D -1 9 E con om ic Rel ief P rog ram , w hi ch p rovid ed u p to $1 ,00 0 in fed eral g ran t s t o 9 8 local b us in ess es for t he p u rc h as e of C O V I D -19 com p lian ce m aterials and su p p li es th at en ab l ed t h e b u siness t o rem ain op en, w h il e m eeting th e C oun ty health m and ates . S taff sub seq uen tly, d evelop ed an d ad m in is tered U p land S up p ort: Ren t Recovery P rog ram , w h i ch ass is ted 24 loc al rest au ran t s an d retai lers wi th up to three m on th s or $1 0,0 00 (wh ichever was less) of in -arrears rents in exchan g e for job retention of low- to- m od erate in com e em p loyees for a p eriod of six-m onths.

Relative to sm all b u siness su p p ort , A R PA fun d s are d esi g n ated t o b e used to sup p ort com m u nities st ru g g li n g in t h e wake of C O V I D -1 9 an d a loom in g recession b y p rovid ing g rants to hard -h it sm all b u sinesses s o t h ey m ay con ti n u e t o op erat e, b ecom e m ore res il ien t, an d su rvive. Th e E con om ic D evelop m ent team has b een tasked with d evelop ing and ad m in isterin g a sm al l b u si n es s rent al ass is tan ce p rog ram u ti li zi n g A R PA fun d s. A ccord in g ly, S taff h as d evelop ed an d w il l ad m in is ter th e C atch-U P : B u si ness Ren t al A s si st an c e P rog ram . T his p rog ram w il l p rovi d e in-arrears ren tal ass is tan ce t o elig ib le l ocal sm all b u sinesses s o th at they

m ay "catch u p " on th eir lat e rents. T his n ew p rog ram w il l ut ilize u p t o $3 2 5 ,0 0 0 of the $6 25 ,00 0 t h at was all ocat ed in th e O ctob er 2 02 1 C ou ncil -ap p roved A R PA I n vest m en t P lan (S ee E xh ib it C ).

Th e p rog ram p rovi d es for up t o two m on th s of in -arrears rent or $6 ,00 0 w hi ch ever is less.

S taff est im ates t h at C atc h -U P w il l assist ap p roxim ately 4 0-5 0 sm all b usin esses. E lig ib le sm all b u sinesses m u st m eet th e follow in g p rog ram elig ib ility criteria:

S m all b usin ess m us t b e p hysically locat ed w it hi n th e i n c orp orat ed lim its of t he C i ty of Up lan d an d op erate in a com m ercially zon ed area S m all b u s in ess m u st h ave b een i n arrears as of J u ne 1 , 20 22 and in op eration for at least si x-m on th s p ri or t o M arch 1 3 , 2 02 0, t he d ate the C i ty C ou n ci l d ecl ared a local em erg en cy in resp onse to C O V I D -19 Pand em ic
L and lord m us t p rovid e a sw orn affid avit at testing u n d er p enal ty of p erjury that ten ant is in -arrears as of J un e 1, 2 02 2
S m all b u siness m ust b e in zon e com p lian ce for its typ e of b usin ess use S m all b u siness m ust h ave 25 em p loyees or less
S m all b u siness own er is 1 8-years or old er
S m all b u siness own er h as a valid em p loyer id entification nu m b er S m all b u siness h as a b usin ess b an k accoun t
S m all b u siness m ust h ave rep orted 2 02 1 fed eral in com e taxes S m all b u siness i s cu rrent w it h p rop ert y taxes, C it y fees and ut il it ies, b u si n es s licen se, and oth er ap p licab le local, coun ty, state fees an d reg istration s S m all b usin ess own er is not curren tly i n b an kru p t cy, or h as not d ecl ared b an kru p tcy w ithin the last 7-years
S m all b u siness m ust p rove they h ave b een neg atively affected b y C O V I D -19 S m all b u si n es s m u st h ave or ob tain a D U N S nu m b er, or wi ll h ave ap p l ied for on e b y the tim e the fu nd in g is g ran ted
N o p erson wh o is su b ject t o t he p rovision s of th e C it y’s C on flict of I n t eres t C od e h as any ow nersh ip i nt eres t in th e b u siness, or wou ld ot herw is e receive a fin ancial b enefi t from th e b u siness

Th e m arketi n g an d out reach p lan i n c lu d es c ond uc ti ng a m on th lon g soc ial m ed ia b last ann oun cing th e C at ch -U P si g n -u p p eriod (i.e. op en enroll m en t p eri od ) an d i n c lu d e outreach assistan ce from H d L, H D U, and t h e C ham b er ad vert is in g t he p rog ram an d en cou rag in g elig ib le sm all b u sinesses to ap p ly.

S taff i s recom m en d ing t h at C ou ncil ap p rove th e ap p rop riation of fun d i ng orig in all y all ocat ed in th e A R PA I nvestm ent P lan to th e B u siness A ssistan ce an d Attraction P rog ram (B A A P ) an d the D ow ntow n S m all B u s in ess Rehab ilitation P rog ram (C R P ) an d ad d it ion all y reallocate th e $3 00 ,00 0 n ot b eing u ti li zed b y th e C at ch -U P : B u s in ess Rent al A s si st an c e P rog ram ) even ly to t h e B A A P an d C R P . T he d em an d for the t w o loc al p rog ram s i s hig h , and th e cu rren t C D B G fun d ing and orig inal allocation of A R PA fu nd s is insufficient to m eet existin g ap p lications.

I n ad d ition, S taff is req uesting C ity M anag er ap p roval to ap p ly an y u nu sed C atch-U P fun d b alance after all elig ib le b u si nesses have b een as si st ed t ow ard s t h e B u s in ess A s si st an c e an d Attraction P rog ram and /or the D own town S m all B u siness Reh ab ilitation P rog ram .

F I S C A L I M P A C T S
Th e O ctob er 11 , 2 02 1 A R PA I nvestm ent P lan ap p roved b y C i ty C ou n c il d esig nated $1 ,02 5,0 00 in A R PA fu nd s for th ree sm all b u siness investm ent p rog ram s . S t aff is req u estin g to m od ify t he all ocat ion sp lit to b e $35 0,0 00 to each of th e B u siness A ssistan ce an d Attraction P rog ram and the D ow ntow n S m all B usin ess Reh ab ilitation P rog ram , an d $3 25 ,00 0 to C atch- U P : B u siness Ren tal A ssistance P rog ram , wh ere 2 0% ($65 ,00 0) of the fu nd in g will b e u sed for activity d elivery an d cost recovery t o ad m in ister t h e p rog ram an d $2 6 0 ,0 0 0 will b e set-a-sid e for rental assistance up to 2 m on th s of in-arrears p aym en ts or $6,0 00 , w hich ever is less.

Th ere i s n o fiscal im p act to th e G eneral F u n d reg ard in g t he ad m i n i st rat ion or fin ancin g of any of th e th ree sm all b u si n es s in vest m en t p rog ram s as al l p rog ram fu nd s are d erived from A R PA fun d ing .

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
Exhibit A: P rogram Guidelines
Exhibit B: P rogram Application
Exhibit C: E xcerpt from ARPA Investment Plan

City of Upland
CATCH-UP:

BUSINESS RENTAL ASSISTANCE PROGRAM

Program Guidelines & Application
Funded by American Rescue Plan Act 2022

Development Services Department
460 N. Euclid Avenue
Upland, CA 91786

2 CATCH-UP: BUSINESS RENTAL ASSISTANCE
Program Guidelines

INTRODUCTION

In response to the COVID-19 Pandemic the United States Department of the Treasury provided the City of Upland an allocation in the amount of $15,213,716 derived from the American Recue Plan Act (ARPA) of 2021. ARPA is a $1.9 trillion economic stimulus package passed by the 117th United States Congress and signed into law on by President Joe Biden on March 11, 2021, in order to accelerate the United States' recovery from the economic and health effects of the COVID-19 Pandemic and an ongoing recession. ARPA builds upon many of the economic stimulus measures of a predecessor bill, the Coronavirus Aid, Relief, and Economic Security Act of 2020, also known as the CARES Act, a $2.2 trillion economic stimulus bill passed by the 116th U.S. Congress and signed into law by President Donald Trump on March 27, 2020, to combat the economic fallout of the COVID-19 Pandemic.

Due to continual economic hardships experienced by Upland small businesses recovering from the pandemic, the City of Upland seeks to assist its small business community impacted by the pandemic by sponsoring Catch-UP: Business Rental Assistance Program (“Catch-UP”). This program provides direct rental assistance payments to Upland’s small businesses that are in-arrears as of June 1, 2022 in an effort to improve the local economy, and stabilize the local businesses rental market.

Funding for Catch-UP will be made available through the City’s appropriated ARPA funds. Eligible small businesses may be awarded up to two (2) months of in-arrears rent or $6,000, whichever is less.

ELIGIBILITY

Through participation in Catch-UP, eligible small businesses may be awarded up to two (2) months of in-arrears rent or $6,000, whichever is less in a rental subsidy grant and no repayment is required.

Small businesses must meet the criteria below to be eligible for the rental assistance consideration:

 Small business must be physically located within the incorporated limits of the City of Upland
 Small business must operate in a commercially zoned area consistent with its zone designation

3  Small business must have been in arrears as of June 1, 2022, and in operation for one year prior to March 13, 2020, the date the City Council declared a local emergency in response to COVID19 Pandemic
 Small business’s landlord must provide a sworn affidavit, attesting under penalty of perjury, that their tenant was in-arrears as of June 1, 2022  Small business must have 25 employees or less
 Small business owner is 18-years or older
 Small business owner has a valid employer identification number  Small business has a business bank account
 Small business must have reported 2021 federal income taxes  Small business is current with property taxes, City fees and utilities, business license tax, and other applicable local, county, state fees and registrations  Small business owner is not currently in bankruptcy, or has not declared bankruptcy within the last 7-years
 Small business must not have any open code violations  Small business must prove they have been negatively affected by COVID -19  Small business must have or obtain a DUNS number, or will have applied for one by the time the funding is granted
 No person who is subject to the provisions of the City’s Conflict of Interest Code has any ownership interest in the business, or would otherwise receive a financial benefit from the business

INELIGIBLE APPLICANTS

Businesses that are not eligible for this grant include:
 Businesses located outside the City of Upland incorporated city limits  Businesses with more than 25 employees
 National corporate owned businesses
 Subleased businesses or business suites within a business  Nonprofit organizations
 Home-based businesses
 Government organizations
 Businesses that limit patrons to 18 and older or adult businesses as defined by Chapter 17.20 of the U.M.C.
 Passive small business (i.e., rental property or other professional office businesses)

ELIGIBLE USES OF FUNDS
Grants are restricted to rental assistance for in-arrears business rents as of June 1, 2022 (verified) and paid directly to the landlord on behalf of the tenant.

INELIGIBLE USE OF FUNDS
Funds under this grant program may not be used for any expense other than to provide up to two (2) months of in-arrears business rent grant.

4 APPLICATION PROCESS

For 30 days, an open enrollment period (“application period”) will be held starting on July 25, 2022, and ending on August 24, 2022, for interested applicants to submit a completed applications to the Development Services Department Housing Division.

Applications will be time stamped at application submittal and processed on a first come first serve basis until all program funds have been exhausted or no more applications have been received. However, only those applications that are complete, will be accepted, incomplete applications (i.e., missing documents or incomplete forms) will be returned to the applicant for resubmittal.

A completed Catch-UP Application submission will include the following:

1. Fully executed Catch-UP program application

2. Notarized affidavit from landlord attesting tenant is in-arrears as of June 1, 2022

3. Copy of active City of Upland business license

4. Copy of applicant(s) CA Identification Card or Driver’s License

5. W-9 form (one from the applicant and one from their landlord)

6. Copy of current lease agreement or rental agreement

7. Copy of 2021 federal income tax returns (all pages)

8. Copy of three most recent months business banking statements

9. Copy of fictitious business name filing, LLC/LLP fillings or corporate filings

- PLEASE NOTE –

INCOMPLETE PROGRAM APPLICATIONS WILL NOT BE ACCEPTED

NO EXCEPTIONS

Additionally, upon review of the submitted application and supporting documents the City reserves the right to request additional information or documentation or third- party verification to make a program eligibility determination, as the need arises.

SELECTION PROCESS

The City will conduct a thorough eligibility review of the application and supporting documentation to confirm program eligibility. During this review, the City may request additional information, if the information provided is inconclusive, incoherent or inaccurate.

Staff review will confirm the following:
 The business and requested funds are eligible
 The business was adversely impacted by COVID-19
 The business rent status is in-arrears

5  The application complies with the City’s policies and procedures and these guidelines

If, during this review, an application is deemed to be incomplete or lacking adequate detail, the City will provide ten (10) business days for the applicant to submit the additional documentation requested before deeming the applicant non-responsive. If an applicant is deemed non-responsive, the application will be terminated from the program and their place taken up by another applicant in cue.

Any determination that deliberates misrepresentation (or fraud) has occurred will result in the disqualification of the applicant and/or the rescission of a grant at any point from the award to closeout and may result in further legal action.

ADMINISTRATION

Upon successful completion of the application review, the applicant will enter into a grant participation agreement with the City. The agreement will require original signatures from those authorized to enter into and sign agreements on behalf of the applicant. Upon execution of the grant agreement, the Catch-Up program funds will be distributed to the business owner’s landlord via a City warrant.

REPORTING AND RECORDKEEPING

The City reserves the right to audit the applicant’s records for compliance with terms in the agreement and monitor the business to ensure program compliance.

PROGRAM MARKETING AND OUTREACH

Program marketing will be conducted by the City and, in compliance with Federal guidelines, will affirmatively target women and minority-owned enterprises to the greatest extent feasible. Examples of marketing include a press release to media outlets, social media coverage through various channels (Facebook, Twitter and Instagram) and distribution of marketing materials to the Chamber of Commerce and business networking organizations.

PROGRAM ADMINISTRATION

The City of Upland Development Services Staff will administer Catch-UP. The responsibilities of the City include:
 Originate grant funds
 Market the program
 Accept and process applications

6  Review and underwrite grant requests
 Ensure timely disbursement of funds
 Maintain documents and fiscal records
 Administer grant funds used for this program
 Ensure compliance with program guidelines as they relate to the funding source  Report program metrics to the City Council, and other State or Federal agencies as required

APPLICANT CONFIDENTIALITY

All personal and business financial information will be kept confidential to the extent permitted by law and in accordance with federal personal identifiable information policies. Grant participant files with personal and business confidential information will be kept in locked, secured cabinets.

EQUAL OPPORTUNITY COMPLIANCE AND NONDISCRIMINATION

Catch-UP will be implemented in ways consistent with the City’s commitment to State and Federal equal opportunity laws. No person or business shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with program funds on the basis of his or her disability, family status, national origin, race, color, religion, sex, marital status, medical condition, ancestry, source of income, age, sexual orientation, gender identity, gender expression, genetic information, or other arbitrary discrimination.

ENVIRONMENTAL COMPLIANCE

The City of Upland will be responsible for completing and filing the appropriate environmental review documentation. NEPA regulations require an Environmental Review Record (ERR) to be submitted for each project/business funded with program monies prior to award or approval of funds. The ERR level of review is based on the type of project proposed.

Compliance with any other federal, state, county, or local environmental regulations, such as the California Environmental Quality Act (CEQA), may also be required and will be based upon a review of the entire proposed activity.

CONFLICT OF INTEREST

No member of the governing body and no official, employee or agent of the local government, nor any other person, either for themselves or those with whom they have business or immediate family ties, who exercises policy or decision making

7 responsibilities in connection with the planning and implementation of the program, shall directly or indirectly be eligible for this program.

FALSE CLAIMS

Applicants shall certify on the Program Application under penalty of perjury that “The information provided on this form is subject to verification by the City or Federal government at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government.”

PROGRAM GUIDELINE CHANGES AND MODIFICATIONS
Changes to these Program Guidelines involving administrative procedures or accommodations to adapt to unique applicant situations or opportunities, or regulatory changes may be performed with the approval of the City Manager or their designee. Federal regulatory requirements or other federal or state program requirements are not subject to modification or revision.

Catch-UP: Business Rental Assistance Program Application Development Services Department 460 N. Euclid Avenue, Upland, CA 91786

Eligibility: The Catch-UP: Business Rental Assistance Program is open to all commercially zoned and licensed Upland small businesses that are behind in their rents/mortgage as of June 2022. A “small business” for purposes of this program, is defined as having 25 employees or less. Only one grant per address will be assisted sub-leasee type businesses are ineligible for funding. Applications are taken on a first come first-serve basis until all program funds has been exhausted. Applications must be delivered in-person to Upland City Hall - Development Services Department 460 N. Euclid Avenue, Upland CA 91786 Attn.: Development Services Department. Only completed applications, inclusive of supporting documents, will be accepted by the City.

Please Print Legibly
Name of Business Owner: _______________________________________________________________________ Legal Name of Business:_________________________________________________________________________ DBA (if applicable): ____________________________________________________________________________ Nature of Business: Food/Beverage Retail  Beauty  Fitness  Other:_____________________ Business Address: _____________________________________________________________________________ Owner’s Personal Address: ______________________________________________________________________ Owner Email Address: ________________________________ Cell Phone Number: ________________________ Federal Employer Identification Number: ____________________ DUNS Number: _________________________ ( https://www.dnb.com/ )
Number of Total Employees: (Prior to June 2022) ______ (Note- owner(s) cannot be counted as employee(s)) Length of Time You Have Been in Business in Upland: _______________________

1. Is the business in good standing with the City/State/Federal Government? Yes ____ No ____

2. What is your current monthly rent/mortgage amount (include CAM/NNN)? $_____________________/Mo.

3. Were you behind in rents/mortgage as of June 2022? Yes ____ No ____  Provide the name, address, email address, and phone number of your landlord/mortgager:

Landlord’s
Name

Landlord’s Mailing
Address

Landlord’s Phone
Number

Landlord’s Email
Address

Amount Requested (Maximum is 2 months of in-arrears rent/mortgage or $6,000, whichever is less): $_______________

Catch-UP: Business Rental Assistance Program Application Development Services Department 460 N. Euclid Avenue, Upland, CA 91786

Duplications of Benefits - Did you apply for any other governmental assistance program during the COVID 19 pandemic? Participation in other programs does not necessarily disqualify you from participating in Catch-UP:

Rental Assistance Program
Source Grant
(Y/N)
Loan
(Y/N) Term Rate Amount

Use of Funds
(Please attach additional pages if necessary)
Paycheck Protection Program
Economic Injury Disaster Loan
Express Bridge Loan
Debt Relief Program
Main Street Lending Program
Other
______________________

Please use the chart to describe how you intend to utilize the funds from this grant to support your business.

Eligible Use
Total Amount
(Cannot exceed 2 months
business rents)
List Months in Arrears
Rent

Supporting Documentation Checklist:

Please submit your complete Catch-UP: Rental Assistance Program application with the following supporting documentation (Note, incomplete applications will not be accepted, and all documentation is subject to verification):
 Copy of City of Upland Business License (must be current)  Copy of Business Owner(s) California Identification Card or Driver’s License  W-9 form (from applicant)
 Lease Agreement (if requesting rent subsidy) or Mortgage Statement (if requesting mortgage subsidy)  Notarized affidavit of in arrears rent from landlord (see attached)  Copy of 2021 federal income tax returns (all pages)
 Copy of three most recent months business banking statements  Copy of fictitious business name filing, LLC/LLP fillings or corporate filings  Notarized affidavit from landlord attesting tenant is in-arrears as of June 1, 2022

Questions regarding the application process?
email Ms. Norma Flores, Development Services Specialist, at [email protected] or call (909) 931-4267

Catch-UP: Business Rental Assistance Program Application Development Services Department 460 N. Euclid Avenue, Upland, CA 91786

ACKNOWLEDGEMENT
The program applicant warrants and represents that no City Council Member, City Staff Member, Commission Member, Committee Member, and/or any person who is subject to the provisions of the City’s Conflict of Interest Code, has any ownership interest of any kind or amount in the business for which the grant would be issued, or would otherwise receive a financial benefit from any grant which may be extended to applicant and/or for the business. By accepting this grant, Applicant agrees to comply with the current and future guidelines and other requirements as set forth by the City of Upland.

I attest that I have read and understood the application, and that the City of Upland will review, verify and confirm my eligibility to the Catch-UP: Business Rental Assistance Program. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name (Print): ________________________________________ Date: ____________________________________ Signature: ____________________________________________________________________________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

AFFIDAVIT
Please Print Legibly
I (”name of landlord”) ________________________________________________, hereby swear/affirm that my tenant (“personal name of tenant”), _________________________________________________ business (“name of business”), _______________________________________________ is under a current lease and is located at (“address of business”), ___________________________________________Upland, CA 91786 / 91784 (circle one) is currently behind in their rents as of June 1, 2022.

Landlord’s Signature:_____________________________________

CALIFORNIA NOTARIAL CERTIFICATE (JURAT)
A notary public completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California, County of ___________________________ Subscribed and sworn to (or affirmed) before me on this _____ day of ______________, 20_____, by

_____________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature _______________________________________ (Notarial Stamp)

STAFF REPORT
ITEM NO. 13.D.

DATE:July 11, 2022
TO:MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

RICHARD SMIDERLE, OPERATIONS MANAGER
SUBJECT:CONSIDER APPROVAL OF A BRIGHTVIEW CONTRACT

EXTENSION

RECOMMENDED ACTION
It is recommended that the City Council approve the fourth addendum to the Brightview Landscape Maintenance Services agreement to extend the agreement to October 31, 2022 and to provide a five percent increase to the monthly flat rate cost; and authorize the City Manager to execute the addendum.

GOAL STATEMENT
The proposed action supports the City’s objective to provide excellent customer service to the community and continue to maintain and improve City public landscape infrastructure.

BACKGROUND
Due to staffing deficiencies, the City is required to outsource landscape maintenance on City properties and within the public right-of-way. The scope of work for this contract includes landscaping and weeding of street medians, parks and City facilities; and daily cleaning, opening, and closing of park restrooms.

On July 29, 2014, the City Council entered into an Agreement with Valley Crest Landscape Maintenance for the routine maintenance of city owned landscape infrastructure (see attachment). This agreement was for an initial two (2) year term with three optional one (1) year extensions. The contract amount would vary from year-to-year based upon amount of funding approved by City Council in the annual budget. A provision was also included in the contract to allow for a yearly adjustment to the contract unit costs based on the Consumer

P rice I nd ex (C P I ) if the con tract was extend ed b eyon d th e initial two-year term . Th e initial two-year t erm and th e t h ree, on e year con tract ext en s ion s were execu ted , an d Valley C rest has since ch ang ed their com p any n am e to B rig htview Lan d scap e M aintenan ce.

O n M ay 1 3, 2 01 9, t he C it y C ou ncil ap p roved an A m en d m en t t o th e A g reem ent w ith B rig htview L and scap e M aintenan ce for th e routin e m ain ten ance of city ow ned land scap e in frastructu re an d to ad d ad d it ion al servic es, w hich in cl u d ed trash p ickup , flower p lan ting an d ad d ition al servic e area at n o ad d it ion al cost t o th e C it y (see attachm ent). T his am end m en t end ed on S ep tem b er 1, 2 02 0.

O n S ep tem b er 2 7 , 20 21 , th e C i ty C ou n ci l ap p roved t h e s econ d ad d en d u m t o th e B rig htview L and scap e M ain ten an c e S ervi ces A g reem en t (see att ach m en t ), wh ich exten d ed the ag reem en t th rou g h J un e 3 0, 2 02 2, un til a c om p reh en s ive R F P could b e com p l eted , avoid in g any d i srup ti on of servic es t o t h e c om m un it y. A d d it ion al scop e of servi ces for m ai nt enan ce of Sycam ore Park H O A an d H arvest H O A were also ad d ed in the secon d ad d en d u m .

O n M arch 28 , 20 22 , t h e C it y C ou ncil ap p roved t h e t hird ad d end um t o th e B rig htview L and scap e M aintenan ce S ervices A g reem ent (see attachm ent), to inclu d e citywid e w in d storm d eb ris cl eanu p w it h i n C it y rig h t s-of-w ay an d /or C it y Park locati ons i n accord an ce an d as d irected b y th e O p erat ion s M an ag er an d /or th eir d esi g n ee in an am ou n t not t o exceed $1 05 ,00 0.

I S S U E S /A N A L Y S I S
Th e term of th e orig in al ag reem en t w as for two-years w ith th ree one-year extension s. I f all exten sion w ere exercised , th e orig in al cont ract wou ld h ave end ed on J ul y 29 , 2 01 9 b ut C ity staff req u ested and received ap p roval for three ad d en d u m s that extend ed th e ag reem ent an d ad d ition al s ervi ces , wh ich p us hed this ag reem ent to J u ne 3 0, 20 22 . T here w as no in flation ary/C P I in crease clau se in the orig in al ag reem ent nor th e su b seq u ent ad d end um s.

Th e con su m er p ri ce in d ex has in creased b y over 2 0% since th e c ont rac t w as orig inally ap p roved ei g h t years ag o. Rec ent ly we h ave s een d ram atic sp ikes in in flation . T he averag e g asoline p ri ces for all g rad es in C aliforn ia h as in creased 4 4% (4 .06 8 vs 5.8 71 ) th is year alone b ased on th e U S E n erg y I n form ation A d m in is trati on. B ased on th e C al iforn i a C onstruction C ost I nd ex, con stru ction cost h as g one u p an averag e of 16 .7% this year.

C ity st aff is w orking on fin ali zi n g a new req u est for p rop os al (R F P ) th at is m ore com p rehen sive an d wou ld b et ter s ervi ce t h e com m un it y, b u t d u e to staffing l evels and several un anticip ated even ts such as th e J anu ary w in d storm s, it has taken lon g er than an ticip ated to com p lete.

A lth oug h th e c u rren t ag reem ent h as exp i red , B rig ht view h as ag reed to con ti n u e w ork on a m on th -to-m onth b asis u nt il an R F P was com p l eted so t h at there w as n o in terru p t ion in service. A t th is t im e B ri g h tvi ew is req u est in g a fi ve-p ercen t (5%) in crease in t h ei r u nit p ricin g to cover th e ad d costs d u e to the recen t sp ikes in inflation.

S taff is recom m en d i ng t hat th e C it y C oun ci l ap p rove a fourth ad d en d u m t o ext end the B rig htview servic e ag reem en t b y fou r ad d it ion al m onths, an d increase t he m onthly fl at rate cost b y five p ercent, t o al low t im e for S taff t o p rep ares an d com p lete a com p reh en si ve R F P p rocess an d select an d on b oard the n ew vend or.

F I S C A L I M P A C T S
Th e C it y’s ad op t ed F iscal Year 2 0 2 2 -2 3 B u d g et c ont ain s sufficient fun d s for th e sc op e of the p rop osed contract. N o ad d itional ap p rop riation is n ecessary.

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
Brightview Addendum No. 4
Brightview Cost Increase L etter
Brightview Addendum No. 3
Brightview Addendum No. 2
Brightview Addendum No. 1
Brightview Contract

ADDENDUM No. 4
TO LANDSCAPE MAINTENANCE AGREEMENT (10144)
This Fourth Amendment to an Agreement between the CITY OF UPLAND (“City”) and BRIGHTVIEW LANDSCAPE SERVICES, INC. (“Contractor”) for Landscape Maintenance Services

RECITALS
WHEREAS, on July 29, 2014, the City and Contractor entered into an Agreement between the CITY OF UPLAND, a California municipal corporation, and VALLEY CREST LANDSCAPE SERVICES, INC. a California corporation for Landscape Maintenance Services; and
WHEREAS, on May 13, 2019, the City and Contractor entered into a First Amendment ("Addendum No. 1") to the Landscape Maintenance Agreement (10144) dated July 29, 2014 ("Agreement") by and between the City and BrightView Landscape Services, Inc. as successor-in-interest to Valley Crest Landscape Maintenance, Inc. (each a "Party" and collectively the "Parties") modifying the term of the Agreement; and WHEREAS, on September 27, 2021, the City and Contractor entered into a Second Amendment ("Addendum No. 2") to the Landscape Maintenance Agreement (10144) dated July 29, 2014 ("Agreement") by and between the City and BrightView Landscape Services, Inc. as successor-in-interest to Valley Crest Landscape Maintenance, Inc. (each a "Party" and collectively the "Parties") modifying the term of the Agreement; and
WHEREAS, on March 28, 2022, the City and Contractor entered into a Third Amendment ("Addendum No. 3") to the Landscape Maintenance Agreement (10144) dated July 29, 2014 ("Agreement") by and between the City and BrightView Landscape Services, Inc. as successor-in-interest to Valley Crest Landscape Maintenance, Inc. (each a "Party" and collectively the "Parties") modifying the term of the Agreement; and WHEREAS, the Parties wish to extend the Agreement and it now becomes necessary to amend said Agreement and the Parties are desirous of such amendment.

NOW THEREFORE, in consideration of the mutual promises and undertakings of the parties herein set forth to this Agreement agree as follows:

ADDENDUM

1.Term: The Parties hereby agree to an extension for Landscape Management Services, dated July 29, 2014 between The City of Upland & BrightView Landscape Services, Inc. through October 31, 2022.

2.Consumer Price Index: The Parties agree to a C.P.I. cost increase of 5%.

3.Services: In addition to the services provided under the Agreement, Contractor shall provide City with Labor for Maintenance, Trimming, and Weeding of the following HOA Areas. •Sycamore Park HOA for $1,417.50 per month.
•Harvest HOA for $892.50 per month.

4.Standard Landscape Maintenance priced at $58,576.30 per month.

5.Additional or ancillary cost / special projects not to exceed $20,000.00.

6.Billing for the scope of work will begin on July 1, 2022, which will result in a monthly total of $60,886.30 four (4) month term, maintenance and ancillary cost will not exceed $263,545.20

IN WITNESS WHEREOF City and Contractor have executed this Addendum the day and year first herein above

CITY OF UPLAND
Michael Blay, City Manager
ATTEST
Keri Johnson, City Clerk
APPROVED AS TO FORM:

Stephen P. Deitsch, City Attorney
Contractor
By:

Name:

Title:

By:

Name:

Title: