Agenda packet — Upland City Council, September 25, 2023 (part 1 of 2)

°v vp YFU P LA N D
CITY
y
.s. •, � "1 he (:ray of Glorious Lrviaq'
:'IEETING OF THE CITY COUNCIL
42'tyzen49a,
Bill Vclto,Mayor
Carlos A.Garcia, Mayor Pro Tent- District 3 Michael Blay,City Manager James Rreit1In�,Counrilmenther- District 2 Stephen P. Deitnrh,City Attorney Shannon Maust,Cnuncilnreinher - Distrirt I Keri Johnson, City Clerk Rudy Zunlga, Councilnicntber- District 4
Monday, September 25, 2023
Open session begins at 7:00 p.m.

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

Pages

1. CALL TO ORDER AND ROLL CALL

2. ADDITIONS-DELETIONS TO AGENDA

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

CLOSED SESSION BEGINS AT 6:00 p.m.

4. CLOSED SESSION
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Christina Lira v. City of Upland
San Bernardino County Superior Court of California Case No. CIVDS 2011927 b. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Approximately 146 square foot area within San Antonio Park located at 1251 W. 24th Street in the City of Upland (APN: 0200-135-01) City Negotiators: City Manager Michael Blay, Development Services Director

Robert Dalquest, and Economic Development Coordinator Melecio Picazo Negotiating Party: Crown Castle
Under Negotiation: Price and terms of payment

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

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Presentation of a Certificate of Recognition to Elaine Carrillo for her work with the Downtown Farmer's Market

8. CITY ATTORNEY

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

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

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

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

Recommended Action:

Approve the Consent Calendar
a. APPROVAL OF MINUTES 5
Recommended Action:

Approve the Regular Meeting Minutes of September 11, 2023. (Staff Person: Keri Johnson)
b. RESOLUTION OF INTENTION TO SELL PROPERTY LOCATED AT THE 10 SOUTHWEST CORNER OF WASHINGTON BLVD AND 6TH AVE (APN 1046- 433-25) AND SET PUBLIC HEARING DATE

CEQA: Not a Project
Recommended Action:

Adopt a Resolution of Intention finding that public interest and convenience require the sale of certain real property, declaring its intent to sell such property, setting a public hearing date for consideration of protests, and finding that the same does not constitute a "project" and is not subject to review under the California Environmental Quality Act. (Staff Person: Robert Dalquest) c. TREASURER'S REPORT AUGUST 2023 19
CEQA: Not a Project.

Recommended Action:

Receive and file the August 2023 Treasurer's Report. (Staff Person: Stephen Parker)
d. CONSIDER APPROVAL OF PROCUREMENT OF CITYWIDE PARK 36 RESTROOM FIXTURES AND APPROVAL OF AN AGREEMENT WITH BIG 0

FLOORING FOR EPDXY INSTALLATION
CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301.

Recommended Action:

Approve the procurement of restroom fixtures from Thompson Plumbing Supply Inc. in the amount of $120,000 and approve a general services agreement with Big 0 Flooring, Inc. for the installation of epoxy at nine park restrooms; and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker)
e. CONSIDER ADOPTING A RESOLUTION APPROVING THE REGIONAL 86

SEWAGE SERVICE CONTRACT WITH INLAND EMPIRE UTILITIES AGENCY CEQA: Categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15300 through 15333.

Recommended Action:

Adopt a Resolution approving the Regional Sewage Service Contract with Inland Empire Utilities Agency. (Staff Person: Braden Yu)

11. PUBLIC HEARINGS
a. CONSIDER A RESOLUTION AND ORDINANCE AMENDING THE GENERAL 139 PLAN AND ZONING DESIGNATION OF A PARCEL LOCATED AT 1225-1281 WEST 9TH ST. (APN: 1007-511-09)
CEQA: Determine to be Exempt.

Recommended Action:

The City Council will conduct a public hearing to consider approving General Plan Update No. GPA-22-0002, Zone Change No. ZC-22-0001 and an addendum to the Final EIR for the City of Upland General Plan. (Staff Person: Robert Dalquest)

1. Staff Presentation

2. Hold Public Hearing

3. Close Public Hearing

4. Approve an addendum to the Final Program Environmental Impact Report for the City of Upland's General Plan Update (GPU 08-03), Zoning Code Update (ZCU 08-03), Climate Action Plan (CAP), and the Cable Airport Land Use Compatibility Plan Update (CALUCP), State Clearinghouse No. 2012041006;

5. Adopt a Resolution approving General Plan Amendment No. GPA-22- 0002 to amend the General Plan designation of a 7.90-acre parcel developed as an industrial business park, located at 1225-1281 West 9 Street (APN: 1007-511-09) from Commercial/Office Mixed-Use (C/O- MU) to Commercial/Industrial Mixed-Use (Gil-MU); and

6. Hold first reading by title only, waive further reading, and introduce an Ordinance (Zone Change No. ZC-22-0001) amending the Zoning designation of the same 7.90-acre parcel from Commercial/Office Mixed-Use (C/O-MU) to Commercial/Industrial Mixed-Use (Gil-MU).

Project site located at 1225-1281 West 9 Street (APN: 1007-511-09).

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

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

13. BUSINESS ITEMS

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, October 9, 2023.

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

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

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

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] On September 20, 2023 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall) and the City website at www.uplandca.gov

MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL September 11, 2023
7:00 p.m.

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

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:30 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 5:30 p.m.

4. CLOSED SESSION
At 5:31 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code.
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL- EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Judy Doyel v. City of Upland
San Bernardino County Superior Court of California Case No. CIVDS2007254 b. CLOSED SESSION LIABILITY CLAIM (WORKER'S COMPENSATION) California Government Code Section 54956.9 (d)(1)
Claimant: Georg Hajj
Agency: City of Upland
c. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
1

Page 5 of 223 ends

Property: 220 East A Street (Assessor Parcel Number, APN: 1046-583-08) City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Economic Development Coordinator Melecio Picazo Negotiating Party: Interested Parties
Under Negotiation: Price and terms of payment
d. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED

LITIGATION
California Government Code Section 54956.9 (d)(4) - 1 potential case The Council reconvened in open session at 7:00 p.m.

5. INVOCATION
Very Reverend Keith Yamamoto, St. Mark's Episcopal Church

6. PLEDGE OF ALLEGIANCE
Led by Police Chief Blanco

7. PRESENTATIONS
Presentation of Certificates of Recognition to Luke Forgey and Isaac Martinez for their assistance on a recent structure fire, presented by Assistant Fire Chief Birchfield.

Certificate of Recognition to Moore United Construction for donation of work on Baldy View Dog Park plans.

8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Closed Session Items 4a through 4d and there was no reportable action during Closed Session.

9. ORAL COMMUNICATIONS
The following spoke regarding the allocation of police funds, first amendment rights, a citizen's treatment of a street vendor in San Diego, and questioned actions of an Upland Police Officer and the Police Department. They further requested that the city investigate an officer involved shooting and fire the officer involved.

Melissa Arechiga Aida Valdivia
The Groove Shack Public Radio Wendy TochHi
Watch Dawg Sheila Briano
Robert Jason Arreola
Yesenia Miranda Meza James Frazier
Alex Enamorado
2

Page 6 of 223 ends

Sandy Hall, questioned why residents near Baldy View Dog Park were not made aware of the proposed changes to the park.

Mary Guenthart, stated that improvements to parks is a great thing, but questioned why lights were being installed in the dog park when parks are only open from dawn to dusk.

Ralph Cavallo, stated that he is pleased about Captain's Grill opening in the downtown.

Mike Pattison, spoke regarding the public comments made during the meeting.

Due to a disruption from the audience Mayor Velto announced a recess at 7:52 p.m.

The Council reconvened in open session at 7:58 p.m.

City Attorney Deitsch stated that members of the audience causing a disruption of business were removed from the meeting, but other members of the audience remained in the Council Chamber. He further stated the Council had the authority to continue the meeting without allowing the members of the public who disrupted the meeting to return to the Council Chamber.

Joe Pattison, spoke regarding the public comments made during the meeting.

10. CONSENT CALENDAR
Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of August 14, 2023. b. RATIFY THE PLANNING COMMISSION'S APPOINTMENT OF ROBIN

ASPINALL AS CHAIRPERSON FOR A THIRD CONSECUTIVE TERM
Ratify the Planning Commission's appointment of Robin Aspinall as Chairperson for a third consecutive term.
c. CONSIDER APPOINTMENT TO THE PERSONNEL BOARD OF REVIEW Ratify the Mayor and Employee Associations' appointment of Scott Randell to the Personnel Board of Review, term to expire June 30, 2027. d. TREASURER'S REPORT JULY 2023
Receive and file the July 2023 Treasurer's Report.
e. CORRECTED TREASURER'S REPORT JUNE 2023
Receive and file the June 2023 Treasurer's Report.
f. WARRANT AND PAYROLL REGISTER FOR AUGUST 2023
Approve the August warrant registers (check numbers 44516-44953) and direct disbursements totaling $15,798,611.84 and payroll.
2

Page 7 of 223 ends

g. CONSIDER APPROVAL OF THE THIRD AMENDMENT TO THE AGREEMENT

WITH FRIENDS OF UPLAND ANIMAL SHELTER FOR ANIMAL SERVICES Approve the third amendment to the Animal Care & Adoption Services Agreement with Friends of Upland Animal Shelter to utilize the contract extension terms.
h. ADOPTION OF REVISED INVESTMENT POLICY
Adopt a Resolution approving and adopting the Revised Annual Statement of Investment Policy for Fiscal Year 2023-2024.

CONSIDER ACCEPTANCE OF THE NOTICE OF COMPLETION FOR
PROJECT NO. 23923 LANDECENA BUILDING INTERIOR IMPROVEMENTS Accept the work for Project Number 23923, the Landecena Building Interior Improvement Project; and authorize the City Manager or designee to record the Notice of Completion.
j. CONSIDER APPROVAL OF THE PURCHASE OF POLICE AND WATER

VEHICLES
Approve the purchase of five (5) new 2024 Police Patrol Dodge Durango's, two (2) new 2024 Police Administration Dodge Durango's, and one (1) new 2024 Water Administration Dodge Durango from National Auto Fleet Group in the amount of $406,569.94; and authorize the City Manager to execute all necessary documents for the purchase of the vehicles.
k. REISSUE AWARD OF BID FOR STORM WATER TRASH CAPTURE SYSTEM

INSTALLATION PROJECT
Award the construction contract to Downstream Service, Inc. in the amount of $46,060; and approve a construction contingency in the amount of $9,940 for a total amount of$56,000.

11. PUBLIC HEARINGS

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

CONFERENCE ATTENDANCE
Councilmembers reported on meetings, trainings, or conferences they attended on behalf of the City.

13. BUSINESS ITEMS

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
At 8:04 p.m., Mayor Velto adjourned the meeting in memory of the victims of September 11, 2001. The next regularly scheduled City Council meeting is Monday, September 25, 2023.
3

Page 8 of 223 ends

Keri Johnson, City Clerk
4

Page 9 of 223 ends

��c �pl"� CITY FUPLAND
it. 4 .i• "The City of Gracious Living" C,,tIFOBw
- Stafif(krctilt
DATE: September 25,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

MELECIO PICAZO,ECONOMIC DEVELOPMENT COORDINATOR
SUBJECT: RESOLUTION OF INTENTION TO SELL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WASHINGTON BLVD AND 6TH AVE(APN 1046-433-25)AND SET PUBLIC

HEARING DATE
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution of Intention finding that public interest and convenience require the sale of certain real property, declaring its intent to sell such property, setting a public hearing date for consideration of protests,and finding that the same does not constitute a"project"and is not subject to review under the California Environmental Quality Act.

GOAL STATEMENT
The proposed action supports the City's goal of improving economic development,reduction of blight, and creation of jobs within the City.In addition,the proposed action supports the Historic Downtown Upland Specific Plan's goal to expand housing opportunities in Downtown, and the objective to provide a range of high-quality residential types with a variety of unit sizes that address the housing needs of a diverse housing population, support Downtown businesses and promote the use of available public transportation. In addition,the action supports the City's goal to comply with the State's Surplus Land Act, Government Code Sections 54220 et seq. for the purpose of disposing of City-owned surplus land.

BACKGROUND
The City currently owns a parcel of real property located at the southwest corner of Washington Boulevard and 6th Avenue(APN 1046-433-25)(the"Property"). On August 10,2020,the City adopted Resolution No. 6563,declaring the Property surplus as the City no longer needs the Property for its own purposes. In accordance with the Surplus Land Act,in August 2020 the City transmitted Notices of Availability for the Property to all parties required by law, including the state Department of Housing and Community Development("HCD"). The City received two letters of interest for the Property during the waiting period required by law,but neither potential purchaser submitted a fully completed project proposal nor was willing to pay fair market value for the Property.

Because no proposal consistent with the requirements of the Surplus Land Act was received in the statutory window, on January 6,2022 the City issued a Request for Proposals to identify other interested purchasers. The City received two proposals—one from Crestwood Communities to develop six single-family attached row homes on the Property, and one from Gibson Construction to develop an 8-unit apartment complex.The City selected Gibson Construction's proposal, and has now negotiated a substantially final Purchase and Sale Agreement("Agreement"). On September 6, 2023,the City received notice from HCD that its disposition of the Property to the purchaser was in compliance with the Surplus Land Act and that HCD had no further comments.A copy of the notice from HCD is attached to this staff report.

ISSUES AND ANALYSIS
The sale,or transfer,of City-owned land is governed by State law,which provides that the legislative body must make a finding that the public interest and convenience require the sale of public land and adopt a resolution giving notice of its intention to sell such property. (Gov. Code § 37421.)The proposed Resolution would satisfy this requirement, and also set the date of the Council meeting for consideration of the Purchase and Sale Agreement (PSA), and a hearing to consider any protests to the property sale. Approval of the Resolution of Intention will establish a hearing date by the City Council on October 9, 2023 with a recommendation to complete the transaction via approval of a PSA.

Page 10 of 223 ends

Staff recommends the City Council adopt a resolution(see Attachment)declaring the City's intent to sell the above- described property to Gibson Construction and setting a public hearing date for consideration of the PSA and any protests to the sale.

ENVIRONMENTAL DETERMINATION
There are no anticipated environmental impacts from the approval of this resolution.Adoption of this resolution is an organizational and administrative activity of the City and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event adoption of this resolution does constitute a project,it is categorically exempt under the Class 20(Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) Further,none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply.

FISCAL IMPACTS
There is no fiscal impact associated with the recommended action,which is only to adopt a Resolution of Intention to sell City-owned property. The financial impact of the land sale will be analyzed through the Purchase and Sale Agreement and considered by the City Council on October 9, 2023. Ultimately, the purchase price for the Property will be deposited by the City into its Low-and Moderate-Income Housing Asset Fund,to be maintained and used in accordance with state and local law.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

Page 11 of 223 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, FINDING THAT THE PUBLIC

INTEREST AND CONVENIENCE REQUIRE THE SALE OF

CERTAIN REAL PROPERTY, DECLARING ITS INTENT TO

SELL SUCH PROPERTY, SETTING A HEARING DATE FOR

CONSIDERATION OF PROTESTS, AND FINDING THAT THE

SAME IS NOT A PROJECT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Upland ("City") currently owns in fee that certain real property, measuring approximately 21,350 square feet (0.49 Acres) in area, with Assessor Parcel Number: 1046-433-25 and located at the southwest corner of Washington Boulevard and 6th Avenue in the Historic Downtown, more specifically described within Attachment A ("Site"); and
WHEREAS, on August 10, 2020, the City adopted Resolution No. 6563 declaring the Site as surplus land and not necessary for the City's use; and WHEREAS, California Government Code Section 54220, et seq. (the "Surplus Land Act") requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers and public agencies with jurisdiction over the site, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and
WHEREAS, two notices of interest were received during the negotiation period, but one proposer did not submit a purchase price or a project description and one proposal had a purchase offer below market value and was inconsistent with the Historic Downtown Upland Specific Plan guidelines; and
WHEREAS, following the conclusion of the required negotiation period, the City was in a position to receive solicited/unsolicited development proposals for the Site provided the project, if more than 10 units are built, included a minimum of 15% of total dwelling units affordable at low-income levels (80% of County Median Household Income) as required by the Surplus Land Act; and WHEREAS, on January 6, 2022, the City issued a Request for Proposal with proposals due February 10th. Proposals were received from Crestwood Communities for 6 single-family attached row homes and from Gibson Construction for an 8-unit apartment home development. The City Council provided direction to staff to proceed with Gibson Construction for the sale and development of the Site; and WHEREAS, the City desires to sell the Site by entering into a Purchase and Sale Agreement ("PSA") with Gibson Construction, a Partnership, ("Purchaser"); and WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and

Page 12 of 223 ends

Resolution No.

Page 2 ends

WHEREAS, California Government Code Section 37421 provides that when the legislative body of City finds that the public interest and convenience require the sale of public buildings and sites, it may adopt a resolution so finding and giving notice of its intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and
WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Site was presented to the City's Planning Commission ("Planning Commission") on May 25, 2022. At that meeting, the Planning Commission adopted Resolution No. 4965 finding that the disposition of the City-owned surplus property at the southwest corner of Washington Boulevard and 6th Avenue, from City to Purchaser, is in conformity with the City's General Plan; and WHEREAS, the City wishes to declare its intent to dispose of and convey the Site pursuant to the terms of a negotiated Purchase and Sale Agreement, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Site and approval of the Purchase and Sale Agreement; and
WHEREAS, this Resolution of Intention evidences City initiation of the sale process to Gibson Construction of the Site in compliance with the Surplus Land Act and other applicable law, and all that remains outstanding is necessary approvals associated with that disposition process, including the planned protest hearing; and WHEREAS, the City Council's consideration of this Resolution does not qualify as a "project" under CEQA and does not require environmental review pursuant to CEQA for the reasons described herein.

NOW THEREFORE, the City Council of the City of Upland does hereby resolve, find, determine, and order as follows:

Section 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.

Section 2. CEQA FINDINGS. The City Council hereby finds and determines that there are no anticipated environmental impacts from the approval of this Resolution. Adoption of this Resolution is an organizational and administrative activity of the City and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event adoption of this Resolution does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply.

Page 13 of 223 ends

Resolution No.

Page 3 ends

Section 3. PUBLIC CONVENIENCE AND NECESSITY FINDINGS. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Site. The factors demonstrating that the public convenience and necessity authorize the sale of the Site include but are not limited to the following: the Site is not suitable for the City's use, and/or is no longer needed by the City, and/or is in excess of its foreseeable needs. Developing the Site for a higher use with a quality residential development, consistent with the Historic Downtown Upland Specific Plan, will revitalize an underutilized property, provide much needed housing in the City, require a 15% affordability covenant if 10 units or more are ever constructed on the Site, help the City meet its Regional Housing Needs Allocation, and create jobs within the City. Further, it will alleviate conditions of economic and physical blight in the City, and potentially create an increase in property taxes by virtue of rising values, all of which benefit the health, safety, and welfare of the City.

Section 4. DECLARATION OF INTENT TO SELL; FIXING OF HEARING. The City Council of the City hereby declares its intent to sell the Site pursuant to the terms of a negotiated Purchase and Sale Agreement (PSA) and fixes Monday, October 9, 2023, at 7:00 P.M. or as soon thereafter that the matter can be heard at the City of Upland, City Hall Council Chambers, located at 460 N. Euclid Avenue, Upland, California 91786 as the date, time and location for hearing any protests to the proposed sale of the Site, approval of the PSA, and as the final action date.

Section 5. PUBLICATION AND POSTING. In compliance with California Government Code Section 37423, the City Council of the City hereby directs City staff to publish this Resolution at least once in a daily newspaper prior to Monday, October 9, 2023, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Site prior to the aforementioned date.

Section 6. NOTICE OF EXEMPTION. The City Council hereby directs staff to prepare, execute and file with the San Bernardino County Clerk a Notice of Exemption within five working days of the approval of this Resolution.

Section 7. CUSTODIAN OF DOCUMENTS. The custodian of documents constituting the record of proceedings for this matter is the City Clerk's Office. The documents constituting the record of proceedings for this matter are located at City Hall at 460 N. Euclid Avenue, Upland, California 91786.

Section 8. SEVERABILITY. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.

Section 9. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 25th day of September, 2023.

Bill Velto, Mayor

Page 14 of 223 ends

Resolution No.

Page 4 ends

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 25th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 15 of 223 ends

Resolution No.

Page 5 ends

ATTACHMENT "A"

DESCRIPTION OF PROPERTY
City-owned parcel totaling 21,350 square feet or 0.49 Acres located at the southwest corner of Washington Boulevard and 6th Avenue in the Historic Downtown with Assessor Parcel Number 1046-433-25.
601 Q
r.

MAP W42-14-I
WO 872-,11-I[0 Paf- H. M-H,Q, re. 1L
J 31
I 1
� - - - —12- - �-A� �M H6T0 M- -
1 BLVD
113E
23 E. isa
- �
z r w 11 0d
*' 1 z 4
Er .riip am I
y0 2 1 1 �� . I 057 417 97 6 IN! . .D
—L--3jr.D. — —S-T FE Er-t- -1 i: 0
e. 5 r 1 � I _
+ +
I
0 0 CI
9 1C 7
11 0
` o t
Ir

Page 16 of 223 ends

Aerial Map — Washington Boulevard and 6th Avenue Site • • , . •" • 111111 " .... "MIMI*''' • 4/111.°41: '' " ilk' 4111111=11.1.MMMOMMIMMSMMNIE. '.. - r' ~•�_Pa r, L- ciAFail-. _ _ _ lr . tili ra oir-
s')a sl Ir:o-[. ..I -` E Washington BM E Washington Blvd • - r i4n�`ad • • 71;�
• - 14-77 • . -7 dp I •. - l • Al* }te a.'.. -- _ .. '-.,._ � • —MI' •• • _i - 5� IS' .-.-.:—
•
1 11 _ • _ 7. ••
!1 1Y'�1 •f' l
_ � -.�l ., fir- �1e�'�A}J.• I -'•,.

II
r •*. f' iNI
A 17i.
i1 ., . . iii-.44.;.1.".- /9
s ;' � -1
_ .
�' [ s -il �!■ � ?i w� - �;' - ! x.` °.fir; �. '% =[''err._.. - i• X. J
.111
... _,
.a� ' �'A Oa r . -r. •i•I all J. ril, .: _ . ,. •._
, ..
_. _ # s F' -Elegi ili! . .cur Ma-. 4 taL i,i, ,,;

Page 17 of 223 ends

STATF OF CALIFORNIA-BUSINESS.CONSUMER SERVICES AND HOUSING AGFNCY GAVIN NEWSOM. Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENTo o? ,air
2020 W. El Camino Avenue,Suite 500 �n�.

Sacramento,CA 95833 a° \ �,y�
(916)263-2911 /FAX(916)263-7453 °etmox
www.hcd.ca.gov
September 6, 2023
Isaac Rosen, Esq.

Best Best & Krieger LLP
300 South Grand Avenue
Suite 2500 25th Floor
Los Angeles, CA 90071
Dear Isaac Rosen:

RE: Written Comments Regarding the City of Upland's Surplus Land Disposition Documentation for the Property at Washington Boulevard and 6th Street (APN 1046-433-25)
Thank you for submitting your surplus land documentation, on behalf of the City of Upland (City), for review by the California Department of Housing and Community Development (HCD). We received your documentation on August 14, 2023. This letter constitutes HCD's written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the property located at APN 1046-433-25, including provisional permission to proceed with the sale or lease.

According to your letter and included documents, a Resolution declaring the property to be surplus was issued on August 10, 2020 and Notices of Availability (NOA) were sent to all the required entities on August 17, 2020. During the required 60-day period, two affordable housing entities expressed interest in the property but no sale was finalized. The City plans to finalize sale of the property to the George M and Amy J Gibson Living Trust to develop 8 units of housing. The City has provided a summary of negotiations. The City has also enclosed the appropriate draft affordability covenant, requiring 15 percent affordable housing if 10 or more residential units are built, to be recorded against the property.

If the submitted documentation is complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APN 1046-433-25. The City is permitted to proceed with the sale or lease of the property.

If you have any questions or need additional technical assistance, please contact Mathew Manweller, Senior Housing Policy Specialist, at [email protected].

Sincerely,
d.c2nLAv-v-
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Division

Page 18 of 223 ends

�� pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: September 25,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

LONDA BOCK-HELMS,CPA,FINANCE OFFICER
SUBJECT: TREASURER'S REPORT AUGUST 2023
RECOMMENDED ACTION:

It is recommended that the City Council receive and file the August 2023 Treasurer's Report.

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

BACKGROUND
Per California Government Code Section 53646(b),the City's treasurer or chief fiscal officer may render a treasurer's report to the City Council on a quarterly basis. The City has elected to provide this report to City Council monthly, but the City of Upland's Investment Policy(Approved June 26, 2023) requires the Investment Officer to provide a report quarterly to the Finance Committee at regularly scheduled meetings. This report shall include the type of investment, issuer, date of maturity,par, and dollar amount invested on all securities, current market value as of the date of the report, investments and monies held by the local agency, and shall additionally include a description of any of the local agency's funds, investments, or programs, that are under the management of contracted parties, including lending programs. The report shall include a statement of compliance with the investment policy and shall include a statement noting the City's ability to meet its expenditure requirements for the next six months.

ISSUES AND ANALYSIS
The submission of the monthly Treasurer's Report is a compliance measure.

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

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 19 of 223 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority For Period Ended
August 31,2023
Investment Portfolio Cost _ Par Value Market Value I%of Portfolio State Local Agency Investment Fund 5,083,403 5,083,403 5,063,212 4.1% California Asset Management Plan - 30,372,628 30,372,628 ' 30,372,628 24.9% Negotiable Certificates of Deposit 23,196,517. 23,170,000 22,275,160 18.3% Money Market Fund 3,331,015, 3,331,015 3,331,015 2.7% Municipal Bonds 1,555,370 1,605,000 1,497,757 1.2% Government Agency Securities 61,940,684 61,970,000 57,908,782 47.5% US Treasury 1,697,325 1,750,000 r 1,577,943 1.3% Total Investments $ 127,176,942 $ 127,282,046 $122,026,498 100.0% Weighted Average Days to Maturity 529.41
Blended Yield: 2.93%
Cash Cost Market Value
Bank Accounts and Change Funds 3,307,087 3,307,087 Total Cash $ 3,307,087 $ 3,307,087
Total Cash and Investments $ 130,484,029 $ 125,333,584 PARS Investment Portfolio Cost Market Value
115 Trust-OPEB Investment 1,502,000 1,783,295
115 Trust-Pension Investment 4,412,148 4,509,472 Total Restricted Funds Held in Trust $ 5,914,148 $ 6,292,767 Benchmarks:

LAIF 3.43%
CAMP 5.54%
2yr U.S.Treasury _ 4.85%
5yr U.S.Treasury 4.23%
Restricted Funds with Fiscal Agent Book Value 1 Market Value Water System Lease Revenue Refunding Bonds 2021 0 0
Water Revenue Bonds 2022 15,501,043 15,501,043 Successor Agency TAN 2013/TAN 2016-Merged Project 2,892,444 2,892,444 Colonies CFD Area#1 2022 1,640,530 1,640,530
Colonies CFD Area#2 2015 2,615,798 2,615,798
Upland 54 CFD 2004 261,005 261,005
Sycamore Hills CFD 2015-1 1,102,057 1,102,057
Sycamore Hills CFD 2015-1-2 _ 1,124,072 1,124,072 Harvest at Upland CFD 2016-1 Area#1 904,297 904,297 Harvest at Upland CFD 2016-1 Area#2 2,695,112 - 2,695,112 Enclave at Upland CFD 2022-1 4,029,216 4,029,216 Total Restricted Funds ] $ 32,765.574 $ 32.765.5741

1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council in June 2023 with the exception of more than 30%of the market value of the Citys investment portfolio is currently invested in callable securities.

2. The City has the ability to meet its budgeted expenditures for the next six months.

3. The market values for funds held in banking institutions do not change. The amounts listed as market values for these items are the same as their book values.

4. The book value for the State Pool is the withdrawal value provided by the State Treasurer.The market value of funds held by the State Treasurer equates to the Citys pro-rata share of the market value of the entire State Pool.

5. Sources for current market valuation are Account Statements and the Wall Street Journal GNMA Mortgage rates on the last trading day of the month.

6. This report meets the require nts of Gover ent Code Section 53646. q/41
Assistant City Manager(Finance Director) Date

CILIS----
----d9>S(?-- / /11/23
City Treasurer Date PROVO tazie2n

Page 1 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For Period Ended
August 31,2023
Account
Fund or Account Balance
City 98-36-942 5,083,403
Market
Value
Totals $ 5,083,403 $ 5,063,212
Yield for Period Ended 8/31/2023 3.43%
Prepareg, �p�9/ 0 3

Page 2 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority California Asset Management Plan
For Period Ended
August 31,2023
Account
Fund or Account Balance
City of Upland 6113-001 30,372,628
Market
Value
Totals $ 30,372,628 $ 30,372,628
Yield for Period Ended 8/31/2023 5.54%
Preparecil, p /i

Page 3 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Negotiable Certificates of Deposit
Nicolet National CD 654062JS8 250,000 250,000 249,273 1.25% 09/27/2023 Lakeside Bank CD 51210SSA6 250,000 250,000 249,240 1.35% 09/29/2023 Preferred Bank CD 740367NX1 250,000 250,000 249,020 0.25% 09/29/2023 Bank Princeton CD 064520BB4 250,000 250,000 245,938 0.41% 12/29/2023 Raymond James Bank CD 75472RAT8 250,000 250,000 247,063 1.82% 12/29/2023 Financial Partners CU CD 31762FAB5 248,000 248,000 247,430 4.91% 02/09/2024 Local Government FCU CD 53955LAB3 225,000 225,000 224,471 4.91% 02/12/2024 Luana Savings Bank CD 549104RT6 250,000 250,000 244,195 0.31% 02/14/2024 Bank Hapoalim CD 06251AW48 246,233 235,000 231,670 2.94% 03/25/2024 Celtic Bank CD 15118RUQ8 250,000 250,000 243,915 1.28% 04/02/2024 UBS Bank USA CD 90348JJQ4 260,650 250,000 246,283 2.94% 04/03/2024 American First CU CD 02616ABZ1 248,000 248,000 247,249 5.01% 04/26/2024 Morgan Stanley Private Bank CD 61760AZR3 250,000 250,000 245,540 2.80% 05/02/2024 Evergreen Bank Group CD 300185KL8 250,000 250,000 240,483 0.26% 05/28/2024 Western CD 95763PNQ0 237,000 237,000 236,630 5.36% 06/05/2024 Jovia Financial FCU CD 48115LAE4 242,900 249,000 244,055 2.91% 06/07/2024 CIBC Bank USA CD 12547CBP2 237,000 237,000 236,436 5.26% 06/13/2024 Mountain Pac Bk CD 62424PAC6 237,000 237,000 236,244 5.21% 07/19/2024 Wells Fargo Bk CD 949764DS0 237,000 237,000 236,431 5.31% 07/24/2024 Blupeak CU CD 09644EAB8 150,000 150,000 150,135 5.64% 07/25/2024 Bank Hope CD 062683HV2 243,000 243,000 241,950 5.12% 08/12/2024 First Farmers Bank&Trust CD 320165JK0 246,682 235,000 226,152 1.82% 09/04/2024 The Bank of the Valley CD 06543PCN3 250,000 250,000 236,285 0.37% 09/30/2024 Pentagon FCU CD 70962LAJ1 250,000 250,000 237,555 0.53% 09/30/2024 Pacific Western Bank CD 69506YYX1 243,000 243,000 241,817 5.17% 11/12/2024 Magnolia Bank Inc CD 559582AP6 250,000 250,000 234,470 0.37% 11/25/2024 InFirst FCU CD 45673RAA9 236,675 249,000 237,937 1.93% 11/27/2024 State Bank of India CD 856285RS2 252,625 250,000 239,575 2.14% 11/27/2024 Manufacturers Traders Trust Co CD 564759RJ9 244,000 244,000 242,026 4.94% 12/09/2024 WebBank Salt CD 947547NT8 248,000 248,000 233,656 1.06% 12/30/2024 Arsenal CU CD 04288LAA6 248,000 248,000 246,542 5.13% 01/25/2025 Spokane Teachers CD 849061AGO 248,000 248,000 248,367 5.64% 01/28/2025 Enerbank USA CD 29278TMR8 250,000 250,000 237,313 1.89% 01/29/2025 Merrick Bank CD 59013KFH4 250,000 250,000 237,120 1.84% 01/31/2025 General Electric CU CD 369674CJ3 250,000 250,000 248,133 5.04% 02/14/2025 Insight CU CD 45791JAC0 250,000 250,000 248,473 5.13% 02/27/2025 Poppy Bank CD 73319FAF6 235,893 229,000 213,982 1.18% 03/18/2025 Medallion Bank CD 58404DGK1 250,000 250,000 234,283 1.39% 03/27/2025 Industrial Commercial Bank China CD 45581ECJ8 250,000 250,000 230,968 0.49% 03/31/2025 Partners Bank of California CD 70212YAZ5 250,000 250,000 233,033 1.07% 04/02/2025 1st Security Bank of Washington CD 33625CDR7 250,000 250,000 229,748 0.33% 04/16/2025 Third Federal Savings&Loan CD 88413QDE5 250,000 250,000 230,780 0.87% 05/23/2025 Liberty FED CD 53052LAU3 248,000 248,000 246,338 5.14% 06/09/2025 Southeast Bank CD 84133PFC7 250,000 250,000 228,663 0.49% 06/17/2025 Connexus CU CD 20825WBR0 250,000 250,000 248,525 5.18% 06/23/2025 Tandem Bank CD 87537YAB0 250,000 250,000 229,455 0.60% 06/23/2025 Meritrust FCU MTN CD 59001 PARO 225,000 225,000 216,032 3.33% 06/30/2025 New York Community Bank CD 649447UY3 250,000 250,000 228,458 0.55% 07/01/2025 Technology CU CD 87868YAH6 248,000 248,000 246,301 5.14% 07/21/2025

Page 4 of 16 ends

9/19/2023

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Ideal CU CD 45157PAY6 125,000 125,000 121,530 4.12% 08/29/2025 Live Oak Banking Company CD 538036NV2 250,000 250,000 226,285 0.61% 09/16/2025 BMW Bank North America CD 05580AXF6 250,000 250,000 226,038 0.55% 09/25/2025 JPMorgan Chase Bank CD 48128URC5 250,000 250,000 224,723 0.56% 11/10/2025 Greenstate CU CD 39573LCC0 250,000 250,000 226,183 0.99% 11/24/2025 Chartway FCU CD 16141 BAD3 248,000 248,000 245,961 5.10% 12/16/2025 Alabama CU CD 01025RAF6 250,000 250,000 247,943 5.10% 12/22/2025 Ally Bank Utah 02007GH22 250,000 250,000 245,815 4.73% 12/22/2025 First Carolina Bank CD 31944MBJ3 250,000 250,000 223,260 0.56% 12/23/2025 Communitywide FCU CD 20416TAX0 250,000 250,000 246,013 4.78% 01/06/2026 Popular Bank CD 73317ABL5 250,000 250,000 242,708 4.23% 01/08/2026 City National Bank CD 178180GU3 250,000 250,000 244,093 4.46% 01/12/2026 Federal Home Ln MTG 3134GYEK4 1,250,000 1,250,000 1,235,563 5.21% 01/27/2026 USAlliance FCU CD 90352RCD5 100,000 100,000 91,617 1.47% 01/28/2026 Burke Herbert Finanical Services CD 121331AT9 249,000 249,000 245,255 4.83% 02/13/2026 A+FCU CD 00224TAN6 250,000 250,000 245,918 4.78% 02/17/2026 Freedom Bk of Virginai CD 35633MCT7 250,000 250,000 246,323 4.88% 02/17/2026 Union Bank CD 90520VAX1 250,000 250,000 221,450 0.68% 03/19/2026 Clearpath FCU CD 18507MAB7 250,000 250,000 248,275 5.14% 04/27/2026 American Equity Bank CD 02568KAJ4 250,000 250,000 220,273 0.79% 05/27/2026 Global FCU CD 37892MAM6 248,000 248,000 245,642 5.05% 06/16/2026 Dort FCU CD 25844MBC1 250,000 250,000 247,305 4.86% 06/22/2026 Solarity CU CD 83418NAG6 248,000 248,000 245,966 5.10% 06/23/2026 Toyota Financial Savings Bank CD 89235MLE9 249,860 248,000 218,853 1.08% 07/29/2026 Gesa CU CD 37424PAH7 250,000 250,000 249,320 5.27% 07/31/2026 Continental Bank CD 211163MG2 250,000 250,000 217,615 0.69% 08/24/2026 FirstBank of Nebraska CD 32116PAR9 248,000 248,000 215,554 0.69% 08/27/2026 Texas Exchange Bank CD 88241TMG2 249,000 249,000 218,595 1.31% 11/13/2026 Malaga Bank CD 56102ABK1 250,000 250,000 217,120 0.98% 11/19/2026 BankUnited NA CD 066519RW1 249,000 249,000 219,685 1.53% 12/08/2026 Capital One NA CD 14042RQN4 250,000 250,000 219,960 1.42% 12/08/2026 1st Source Bank CD 33646CNW0 250,000 250,000 244,865 4.70% 01/19/2027 Baxter CU CD 07181JAY0 250,000 250,000 244,003 4.62% 01/25/2027 Generations Bank C D 37149CAV9 250,000 250,000 232,275 3.34% 05/06/2027 Essential CU CD 29669XAP3 250,000 250,000 245,658 4.79% 06/15/2027 First Technology FCU CD 33715LEB2 249,000 249,000 235,477 3.87% 08/05/2027 True Sky Credit CD 89786MAH7 250,000 250,000 243,428 4.63% 11/30/2027 Rogue CU CD 77535MAG8 250,000 250,000 248,928 5.23% 12/23/2027 Freedom Northwest CD 356436AF2 249,000 249,000 244,117 4.80% 01/19/2028 Amoco FCU CD 31424AAA8 249,000 249,000 244,456 4.85% 02/08/2028 Customers Bank CD 23204HPB8 250,000 250,000 248,298 4.54% 06/14/2028 TTCU Federal CU CD 89854LAD5 250,000 250,000 247,193 5.06% 07/26/2028 Negotiable Certificates of Deposit Fund Subtotal $ 23,196,517 $ 23,170,000 $ 22,275,160 Money Market Fund
First American Govt OB Fund-Y 31846V203 3,331,015 3,331,015 3,331,015 4.93% Money Market Fund Subtotal 3,331,015 3,331,015 3,331,015 Preapfnn

Page 5 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Municipal Bond Fund
Klamath Trinity CA 498422JN5 25,100 25,000 24,036 1.25% 08/01/2024 Klamath Trinity CA 498422JJ4 30,150 30,000 28,477 1.61% 08/01/2025 San Bernardino CA 796720PA2 300,000 300,000 276,597 0.91% 08/01/2025 Riverside Cnty CA 76913CBA6 950,120 1,000,000 944,360 3.04% 02/15/2026 San Bernardino CA 796720PB0 250,000 250,000 224,288 1.23% 08/01/2026 Municipal Bond Fund Subtotal 1,555,370 1,605,000 1,497,757 Government Securities
Federal Farm Credit Bks DEB 3133EL6U3 1,500,000 1,500,000 1,496,790 0.28% 09/14/2023 Federal Farm Credit Bks DEB 3133EMHL9 1,000,000 1,000,000 986,930 0.31% 11/30/2023 Federal Home LN Bks DEB 3130AQD26 500,000 500,000 492,190 0.73% 12/29/2023 Federal Home LN Bks DEB 3130ARFD8 754,654 770,000 758,011 2.59% 03/22/2024 Federal Home LN Bks DEB 3130AQD34 500,000 500,000 486,790 0.84% 03/28/2024 Federal Home LN Corp MTN 3134GWJ64 1,500,000 1,500,000 1,441,950 0.42% 06/10/2024 Federal Home LN Bks DEB 3130AQD42 500,000 500,000 481,580 0.95% 06/28/2024 Federal Home LN Bks DEB 3130AQD59 1,250,000 1,250,000 1,192,325 1.05% 09/30/2024 Federal Home LN Corp MTN 3134GWUX2 1,500,000 1,500,000 1,421,055 0.40% 09/30/2024 Federal Farm Credit Bks DEB 3133EMER9 1,500,000 1,500,000 1,400,100 0.50% 01/27/2025 Federal Farm Credit Bks DEB 3130AMZP0 1,500,000 1,500,000 1,398,540 0.70% 02/28/2025 Federal Farm Credit Bks DEB 3133EMTQ5 1,100,000 1,100,000 1,025,090 0.75% 03/17/2025 Federal Farm Credit Bks DEB 3130ALN34 1,100,000 1,100,000 1,024,430 0.75% 03/24/2025 Federal Farm Credit Bks DEB 3133EMBK7 1,500,000 1,500,000 1,389,750 0.49% 04/07/2025 Federal Farm Credit Bks DEB 3133ENHW3 1,250,000 1,250,000 1,163,325 1.26% 06/23/2025 Federal Farm Credit Bks DEB 3130ALPJ7 1,000,000 1,000,000 924,140 0.89% 06/30/2025 Federal Farm Credit Bks DEB 3136G4A45 1,500,000 1,500,000 1,380,090 0.77% 07/22/2025 Federal Home LN Bks DEB 3130AUS70 1,500,000 1,500,000 1,484,955 5.06% 08/15/2025 Federal Farm Credit Bks DEB 3134GWH82 1,500,000 1,500,000 1,372,065 0.68% 09/08/2025 Federal National Mortgage Assoc 3134GWWT9 1,500,000 1,500,000 1,366,755 0.60% 09/30/2025 Federal Home LN Corp MTN 3134GWZG4 2,000,000 2,000,000 1,825,600 0.66% 10/20/2025 Tennessee Valley Authority DEB 880591CJ9 781,658 750,000 776,565 6.53% 11/01/2025 Federal Home LN Corp MTN 3134GXAP9 1,500,000 1,500,000 1,364,190 0.66% 11/12/2025 Federal Home LN Corp 3134GXBM5 1,500,000 1,500,000 1,364,190 0.66% 11/12/2025 Federal Home LN Corp MTN 3130AQ5D1 1,500,000 1,500,000 1,375,335 1.31% 12/22/2025 Federal Home LN Corp MTN 3130AKLH7 1,500,000 1,500,000 1,368,765 0.55% 12/30/2025 Federal Home LN Bks DEB 3130AKQX7 2,000,000 2,000,000 1,806,680 0.78% 01/28/2026 Federal Farm Credit Bks DEB 3130AKWK8 2,000,000 2,000,000 1,796,260 0.57% 02/12/2026 Federal Home LN Bks DEB 3130AUS54 1,500,000 1,500,000 1,480,020 5.07% 02/17/2026 Federal National Mortgage Assoc MTN 3134GYJC7 1,250,000 1,250,000 1,239,088 5.45% 02/24/2026 Federal Farm Credit Bks DEB 3130AL6A7 1,000,000 1,000,000 904,400 0.66% 02/26/2026 Federal Farm Credit Bks DEB 3130AL6L3 1,000,000 1,000,000 902,300 0.55% 02/26/2026 Federal Farm Credit Bks DEB 3133EPPR0 750,803 750,000 748,515 4.65% 04/10/2026 Federal Farm Credit Bks DEB 3130ALZ80 1,300,000 1,300,000 1,202,045 0.81% 04/29/2026 Federal Farm Credit Bks DEB 3130AMBD3 1,500,000 1,500,000 1,373,985 1.09% 05/12/2026 Federal Farm Credit Bks DEB 3130AMET5 2,000,000 2,000,000 1,842,200 0.82% 05/27/2026 Federal Farm Credit Bks DEB 3130AN3R9 1,500,000 1,500,000 1,350,585 1.26% 07/20/2026 Federal Farm Credit Bks DEB 3133ENAF7 1,235,150 1,250,000 1,114,688 1.12% 10/07/2026 Federal Farm Credit Bks DEB 3130APJ55 1,600,000 1,600,000 1,435,840 1.40% 10/26/2026 Federal Farm Credit Bks DEB 3134GW4C7 1,379,420 1,400,000 1,238,188 0.91% 10/27/2026 Pre € nTLN,3n

Page 6 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Federal Farm Credit Bks DEB 3130APU37 1,500,000 1,500,000 1,347,195 1.45% 11/24/2026 Federal Home LN Corp MTN 3130APV51 2,000,000 2,000,000 1,840,040 1.09% 11/24/2026 Federal Home LN Bks DEB 3130ARCL3 1,000,000 1,000,000 924,540 2.71% 03/30/2027 Federal Home LN Bks DEB 3130ARKL4 591,600 600,000 582,378 2.32% 04/21/2027 Federal Home LN M C MTN 3134GXSB1 1,000,000 1,000,000 969,140 3.10% 05/17/2027 Federal Home LN Bks DEB 3130AWBZ2 998,300 1,000,000 985,850 4.20% 06/11/2027 Federal Home LN Bks DEB 3130AUS88 1,500,000 1,500,000 1,470,900 5.11% 02/16/2028 Federal Home LN Bks DEB 3130AUX33 599,100 600,000 592,440 5.55% 02/22/2028 Government Securities Subtotal 61,940,684 61,970,000 57,908,782 US Treasur v
US Treasury Note 91282CBC4 1,476,450 1,500,000 1,359,135 0.41% 12/31/2025 US Treasury Note 912828ZE3 220,875 250,000 218,808 0.72% 03/31/2027 US Treasury Subtotal 1,697,325 1,750,000 1,577.943
Total Portfolio $ 91,720,911 $ 91,826,015 $ 86,590,657 Preypnn

Page 7 of 16 ends

9/19/2023

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
August 31,2023
No.of
days until Days to maturity Total by
August 31,2023 Market Value Availability maturity Weight weighted average maturity Petty Cash 12,100 8/31/2023 0 0.0% - Checking Account 2,631,658 9/1/2023 1 2.1% 0.02 Successor Agency 663,329 9/1/2023 1 0.5% 0.01 Total Bank Accounts 3,307,087 3,307,087
State Local Agency Investment Fund 5,063,212 9/1/2023 1 4.0% 0.04 5,063,212 California Asset Management Plan 30,372,628 8/31/2023 0 24.2% - 30,372,628 First American Govt OB Fund-Y 3,331,015 9/1/2023 1 2.7% 0.03 Money Market Accounts 3,331,015 3,331,015
Federal Farm Credit Bks DEB 1,496,790 9/14/2023 14 1.2% 0.17 - - 0 0.0% -
Government Securities 1,496,790 1,496,790
Nicolet National CD 249,273 9/27/2023 27 0.2% 0.05 Lakeside Bank CD 249,240 9/29/2023 29 0.2% 0.06 Preferred Bank CD 249,020 9/29/2023 29 0.2% 0.06 Negotiable Certificates of Deposit 747,533 747,533 44,318,265 1-30 days
Federal Farm Credit Bks DEB 986,930 11/30/2023 91 0.8% 0.72 Federal Home LN Bks DEB 492,190 12/29/2023 120 0.4% 0.47 Government Securities 1,479,120 1,479,120
Bank Princeton CD 245,938 12/29/2023 120 0.2% 0.24 Raymond James Bank CD 247,063 12/29/2023 120 0.2% 0.24 Negotiable Certificates of Deposit 493,000 493,000 1,972,120 61-120 days
Financial Partners CU CD 247,430 2/9/2024 162 0.2% 0.32 Local Government FCU CD 224,471 2/12/2024 165 0.2% 0.30 Luana Savings Bank CD 244,195 2/14/2024 167 0.2% 0.33 Negotiable Certificates of Deposit 716,096 716,096 716,096 121-180 days
Federal Home LN Bks DEB 758,011 3/22/2024 204 0.6% 1.23 Federal Home LN Bks DEB 486,790 3/28/2024 210 0.4% 0.82 Federal Home LN Corp MTN 1,441,950 6/10/2024 284 1.2% 3.27 Federal Home LN Bks DEB 481,580 6/28/2024 302 0.4% 1.16 Government Securities 3,168,331 3,168,331
Bank Hapoalim CD 231,670 3/25/2024 207 0.2% 0.38 Celtic Bank CD 243,915 4/2/2024 215 0.2% 0.42 UBS Bank USA CD 246,283 4/3/2024 216 0.2% 0.42 American First CU CD 247,249 4/26/2024 239 0.2% 0.47 Morgan Stanley Private Bank CD 245,540 5/2/2024 245 0.2% 0.48 Evergreen Bank Group CD 240,483 5/28/2024 271 0.2% 0.52 Western CD 236,630 6/5/2024 279 0.2% 0.53 Jovia Financial FCU CD 244,055 6/7/2024 281 0.2% 0.55 CIBC Bank USA CD 236,436 6/13/2024 287 0.2% 0.54 Mountain Pac Bk CD 236,244 7/19/2024 323 0.2% 0.61 Wells Fargo Bk CD 236,431 7/24/2024 328 0.2% 0.62 Blupeak CU CD 150,135 7/25/2024 329 0.1% 0.39 Bank Hope CD 241,950 8/12/2024 347 0.2% 0.67 Negotiable Certificates of Deposit 3,037,020 3,037,020 Klamath Trinity CA 24,036 8/1/2024 336 0.0% 0.06 Municipal Bonds 24,036 24,036
6,229,387 181-1 year
Raged
2 D e2 n Page 8 of 16
9/19/2023

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
August 31,2023
No.of
days until Days to maturity Total by
August 31,2023 Market Value Availability maturity Weight weighted average maturity Federal Home LN Bks DEB 1,192,325 9/30/2024 396 1.0% 3.77 Federal Home LN Corp MTN 1,421,055 9/30/2024 396 1.1% 4.49 Federal Farm Credit Bks DEB 1,400,100 1/27/2025 515 1.1% 5.75 Federal Farm Credit Bks DEB 1,398,540 2/28/2025 547 1.1% 6.10 Federal Farm Credit Bks DEB 1,025,090 3/17/2025 564 0.8% 4.61 Federal Farm Credit Bks DEB 1,024,430 3/24/2025 571 0.8% 4.67 Federal Farm Credit Bks DEB 1,389,750 4/7/2025 585 1.1% 6.49 Federal Farm Credit Bks DEB 1,163,325 6/23/2025 662 0.9% 6.14 Federal Farm Credit Bks DEB 924,140 6/30/2025 669 0.7% 4.93 Federal Farm Credit Bks DEB 1,380,090 7/22/2025 691 1.1% 7.61 Federal Home LN Bks DEB 1,484,955 8/15/2025 715 1.2% 8.47 Government Securities 13,803,800 13,803,800 First Farmers Bank&Trust CD 226,152 9/4/2024 370 0.2% 0.67 The Bank of the Valley CD 236,285 9/30/2024 396 0.2% 0.75 Pentagon FCU CD 237,555 9/30/2024 396 0.2% 0.75 Pacific Western Bank CD 241,817 11/12/2024 439 0.2% 0.85 Magnolia Bank Inc CD 234,470 11/25/2024 452 0.2% 0.85 InFirst FCU CD 237,937 11/27/2024 454 0.2% 0.86 State Bank of India CD 239,575 11/27/2024 454 0.2% 0.87 Manufacturers Traders Trust Co CD 242,026 12/9/2024 466 0.2% 0.90 WebBank Salt CD 233,656 12/30/2024 487 0.2% 0.91 Arsenal CU CD 246,542 1/25/2025 513 0.2% 1.01 Spokane Teachers CD 248,367 1/28/2025 516 0.2% 1.02 Enerbank USA CD 237,313 1/29/2025 517 0.2% 0.98 Merrick Bank CD 237,120 1/31/2025 519 0.2% 0.98 General Electric CU CD 248,133 2/14/2025 533 0.2% 1.06 Insight CU CD 248,473 2/27/2025 546 0.2% 1.08 Poppy Bank CD 213,982 3/18/2025 565 0.2% 0.96 Medallion Bank CD 234,283 3/27/2025 574 0.2% 1.07 Industrial Commercial Bank China CD 230,968 3/31/2025 578 0.2% 1.07 Partners Bank of California CD 233,033 4/2/2025 580 0.2% 1.08 1st Security Bank of Washington CD 229,748 4/16/2025 594 0.2% 1.09 Third Federal Savings&Loan CD 230,780 5/23/2025 631 0.2% 1.16 Liberty FED CD 246,338 6/9/2025 648 0.2% 1.27 Southeast Bank CD 228,663 6/17/2025 656 0.2% 1.20 Connexus CU CD 248,525 6/23/2025 662 0.2% 1.31 Tandem Bank CD 229,455 6/23/2025 662 0.2% 1.21 Meritrust FCU MTN CD 216,032 6/30/2025 669 0.2% 1.15 New York Community Bank CD 228,458 7/1/2025 670 0.2% 1.22 Technology CU CD 246,301 7/21/2025 690 0.2% 1.36 Ideal CU CD 121,530 8/29/2025 729 0.1% 0.71 Negotiable Certificates of Deposit 6,733,512 6,733,512 Klamath Trinity CA 28,477 8/1/2025 701 0.0% 0.16 San Bernardino CA 276,597 8/1/2025 701 0.2% 1.55 Municipal Bonds 305,074 305,074
20,842,386 1-2 years
Federal Farm Credit Bks DEB 1,372,065 9/8/2025 739 1.1% 8.09 Federal National Mortgage Assoc 1,366,755 9/30/2025 761 1.1% 8.30 Federal Home LN Corp MTN 1,825,600 10/20/2025 781 1.5% 11.38 Tennessee Valley Authority DEB 776,565 11/1/2025 793 0.6% 4.91 Federal Home LN Corp MTN 1,364,190 11/12/2025 804 1.1% 8.75 Federal Home LN Corp 1,364,190 11/12/2025 804 1.1% 8.75 Federal Home LN Corp MTN 1,375,335 12/22/2025 844 1.1% 9.26 Federal Home LN Corp MTN 1,368,765 12/30/2025 852 1.1% 9.30 Federal Home LN Bks DEB 1,806,680 1/28/2026 881 1.4% 12.70 Federal Farm Credit Bks DEB 1,796,260 2/12/2026 896 1.4% 12.84 Federal Home LN Bks DEB 1,480,020 2/17/2026 901 1.2% 10.64 Federal National Mortgage Assoc MTN 1,239,088 2/24/2026 908 1.0% 8.98 Federal Farm Credit Bks DEB 904,400 2/26/2026 910 0.7% 6.57 Federal Farm Credit Bks DEB 902,300 2/26/2026 910 0.7% 6.55 Federal Farm Credit Bks DEB 748,515 4/10/2026 953 0.6% 5.69 Federal Farm Credit Bks DEB 1,202,045 4/29/2026 972 1.0% 9.32 Federal Farm Credit Bks DEB 1,373,985 5/12/2026 985 1.1% 10.80 Federal Farm Credit Bks DEB 1,842,200 5/27/2026 1000 1.5% 14.70 FRellajel rafe2n

Page 9 of 16 ends

9/19/2023

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
August 31,2023
No.of
days until Days to maturity Total by
August 31,2023 Market Value Availability maturity Weight weighted average maturity Federal Farm Credit Bks DEB 1,350,585 7/20/2026 1054 1.1% 11.36 Government Securities 25,459,543 25,459,543 Live Oak Banking Company CD 226,285 9/16/2025 747 0.2% 1.35 BMW Bank North America CD 226,038 9/25/2025 756 0.2% 1.36 JPMorgan Chase Bank CD 224,723 11/10/2025 802 0.2% 1.44 Greenstate CU CD 226,183 11/24/2025 816 0.2% 1.47 Chartway FCU CD 245,961 12/16/2025 838 0.2% 1.64 Alabama CU CD 247,943 12/22/2025 844 0.2% 1.67 Ally Bank Utah 245,815 12/22/2025 844 0.2% 1.66 First Carolina Bank CD 223,260 12/23/2025 845 0.2% 1.51 Communitywide FCU CD 246,013 1/6/2026 859 0.2% 1.69 Popular Bank CD 242,708 1/8/2026 861 0.2% 1.67 City National Bank CD 244,093 1/12/2026 865 0.2% 1.68 Federal Home Ln MTG 1,235,563 1/27/2026 880 1.0% 8.68 USAlliance FCU CD 91,617 1/28/2026 881 0.1% 0.64 Burke Herbert Finanical Services CD 245,255 2/13/2026 897 0.2% 1.76 A+FCU CD 245,918 2/17/2026 901 0.2% 1.77 Freedom Bk of Virginal CD 246,323 2/17/2026 901 0.2% 1.77 Union Bank CD 221,450 3/19/2026 931 0.2% 1.64 Clearpath FCU CD 248,275 4/27/2026 970 0.2% 1.92 American Equity Bank CD 220,273 5/27/2026 1000 0.2% 1.76 Global FCU CD 245,642 6/16/2026 1020 0.2% 2.00 Dort FCU CD 247,305 6/22/2026 1026 0.2% 2.02 Solarity CU CD 245,966 6/23/2026 1027 0.2% 2.02 Toyota Financial Savings Bank CD 218,853 7/29/2026 1063 0.2% 1.86 Gesa CU CD 249,320 7/31/2026 1065 0.2% 2.12 Continental Bank CD 217,615 8/24/2026 1089 0.2% 1.89 FirstBank of Nebraska CD 215,554 8/27/2026 1092 0.2% 1.88 Negotiable Certificates of Deposit 6,993,945 6,993,945 US Treasury Note 1,359,135 12/31/2025 853 1.1% 9.25 US Treasury 1,359,135 1,359,135
Riverside Cnty CA 944,360 2/15/2026 899 0.8% 6.77 San Bernardino CA 224,288 8/1/2026 1066 0.2% 1.91 Municipal Bonds 1,168,648 1,168,648
34,981,270 2-3 years
Federal Farm Credit Bks DEB 1,114,688 10/7/2026 1133 0.9% 10.08 Federal Farm Credit Bks DEB 1,435,840 10/26/2026 1152 1.1% 13.20 Federal Farm Credit Bks DEB 1,238,188 10/27/2026 1153 1.0% 11.39 Federal Farm Credit Bks DEB 1,347,195 11/24/2026 1181 1.1% 12.69 Federal Home LN Corp MTN 1,840,040 11/24/2026 1181 1.5% 17.34 Federal Home LN Bks DEB 924,540 3/30/2027 1307 0.7% 9.64 Federal Home LN Bks DEB 582,378 4/21/2027 1329 0.5% 6.18 Federal Home LN M C MTN 969,140 5/17/2027 1355 0.8% 10.48 Federal Home LN Bks DEB 985,850 6/11/2027 1380 0.8% 10.85 Government Securities 10,437,859 10,437,859 Texas Exchange Bank CD 218,595 11/13/2026 1170 0.2% 2.04 Malaga Bank CD 217,120 11/19/2026 1176 0.2% 2.04 BankUnited NA CD 219,685 12/8/2026 1195 0.2% 2.09 Capital One NA CD 219,960 12/8/2026 1195 0.2% 2.10 1st Source Bank CD 244,865 1/19/2027 1237 0.2% 2.42 Baxter CU CD 244,003 1/25/2027 1243 0.2% 2.42 Generations Bank C D 232,275 5/6/2027 1344 0.2% 2.49 Essential CU CD 245,658 6/15/2027 1384 0.2% 2.71 First Technology FCU CD 235,477 8/5/2027 1435 0.2% 2.70 Negotiable Certificates of Deposit 2,077,637 2,077,637 US Treasury Note _ 218,808 3/31/2027 1308 0.2% 2.28 US Treasury 218,808 218,808
12,734,303 3-4 years

Page 10 of 16 ends

9/19/2023

Page 11 of 16 ends

9/19/2023

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority CA Government Code Section 53607
Monthly Transaction Report
For Period Ended
August 31,2023
Issue Par Market Maturity
Investment Name CUSIP Id Date Cost Value Value Date Sales
Klamath Trinity CA 498422JN5 11/10/2021 25,100.00 25,000.00 24,035.50 8/1/2024 Klamath Trinity CA 498422JJ4 11/10/2021 15,075.00 15,000.00 14,238.45 8/1/2025 Federal National Mortgage Assoc 3135G05R0 8/10/2020 1,500,000.00 1,500,000.00 1,498,215.00 8/10/2023 US Treasury Bill 912796Z51 3/2/2023 975,960.00 1,000,000.00 995,620.00 8/31/2023 Sales Subtotal 2,516,135.00 2,540,000.00 2,532,108.95 Prepar€iiiirlia1relTf aaal

Page 12 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Par Values Maturing by Date and Type
Maturities in Thousands of Dollars
For Period Ended
August 31,2023
61 days 121 days 1 year 2 years 3 years
1 day to 30 to 120 to 180 181 days to 1 I to 2 to 3 to 4 4 years to 5 Investment Portfolio days days _ days j year years years years years State Local Agency Investment Fund 5,063 - - - - - - - California Asset Management Plan 30,373 - - - - - - - Bank Accounts and Change Funds - 3,307 [ - - - - - - - Negotiable Certificates of Deposit 748 493 716 3,037 6,734 6,994 2,078 1,476 1 Government Securities, 1,497 1,479 - 3,168 13,804 25,460 10,438 2,063 Money Market Fund 3,331 - - - - - - - Municipal Bonds - - - 24 305 1,169 - - USTreasury - - - - - 1,359 219 - Total Cash and Investments 44,318 1,972 716 6,229 20,842 34,981 12,734 3,540 Percentage 35.4% 1.6% 0.6% 5.0% 16.6% 27.9% 10.2% 2.8%

INVESTMENTS BY MATURITY
1 day to 30
1 days 35.4%
4 years to 5 years I

2.8%
3 years to 4
years 10.2% 61 days to 120
days 1.6%
121 days to
180 days 0.6%
__________________________________________________ _
181 days to 1
year 5.0%
2 years to 3
years 27.9%
-- - 1 year to 2 years

16.6%
Prepqrkgidly B2rwi ppan

Page 13 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Bank Accounts and Change Funds
For Period Ended
August 31, 2023
1605000
Account Insured Collateralized Total
Name Institution Deposits Deposits Deposits Petty Cash
City of Upland City of Upland $ - $ 12,100 $ 12,100 City of Upland
Payroll Zero Balance Account Chase - - - City of Upland
Checking Account Chase 250,000 2,381,658 2,631,658 City of Upland
Successor Agency Chase - 663,329 663,329
Totals $ 250,000 $ 3,057,087 $ 3,307,087
PrepareFiNypsre

Page 14 of 16 ends

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
Average Yield On Investment Portfolio
Month Yield
August-2022 1.28%
September-2022 1.51%
October-2022 1.77%
November-2022 2.01%
December-2022 2.17%
January-2023 2.43%
February-2023 2.62%
March-2023 2.83%
April-2023 2.87%
May-2023 2.99%
June-2023 3.17%
July-2023 3.31%
August-2023 3.43%
Average Yield On Investment Portfolio

4.00%

3.50%

3.00%

2.50%

2.00%

1.50%

1.00%

0.50%

0.00%
L 1' 1' L 1' 5 ?) 3 �i `) '3 'S 'S O� O� 00 O� O� O� O1 O1 O� O� O� O� OP ti �6L �op6 ti �p6 L �Qe�1 Baca L Jac�� `
,c0 2 & 42 Oe`e aC‘

Page 15 of 16 ends

PreparepSoxpl9 I233

TREASURER'S REPORT
City of Upland-Successor Agency-Public Financing Authority Investment Summary
12-Month Market Value Analysis
September-2022 October-2022 November-2022 December-2022 January-2023 February-2023 March-2023 April-2023 May-2023 June-2023 July-2023 August-2023 Investment Portfolio
State Local Agency Investment Fund(LAIF) 3,366,808 3,410,132 3,405,653 8,354,826 8,402,001 8,385,352 8,426,781 3,521,938 3,519,024 4,983,829 5,023,403 5,063,212 California Asset Management Plan(CAMP) 30,372,628 14,034,502 14,071,902 14,117,063 14,168,668 14,223,169 14,274,817 14,332,982 22,397,065 25,098,674 30,230,929 30,372,628 Negotiable Certificates of Deposit 12,488,864 12,406,295 12,147,953 12,750,405 16,006,013 17,417,124 17,446,118 17,976,077 17,397,614 19,841,577 22,273,062 22,275,160 Money Market Fund 56,403 109,167 440,741 3,056,568 9,355,964 343,230 1,232,406 1,800,250 6,476,120 3,094,006 544,386 3,331,015 Municipal Bonds 579.641 574,027 584,950 1,520,208 1,543,300 1,522,772 1,545,086 1,548,798 1,538,807 1,532,380 1,535,585 1,497,757 Government Agency Securities 53,658,504 53,501,084 54,044,229 50,063,950 50,648,999 57,507,328 58,555,738 58,523,682 58,156,119 58,931,606 59,305,626 57,908,782 Corporate Bonds 498,310 498,085 498,635 489,760 - USTreasUv 1.326 390 1.323 165 1.342.905 1,340,565 1,358,670 1,338,225 1,367.220 1,372.680 2.350.895 2,561.858 2,569,213 1.577943 Total Investments $ 102,347849 $ 44 F0,1437 $ 86.536.967 $ 91,703,346 $ 101,483,615 $ i 00,737,201 5 102,840.167 $ 89,076,407 $ 111,835,644 $ 116,043,930 $ 121.482,183 5 122.026428 Weighted Average Days to Maturity 681.26 681.23 842.66 606.13 610.90 693.49 688.55 631.55 526.34 508.51 532.00 529.41 Blended Yield: 1.33% 1.33% 1.46% 1,68% 1.95% 2.13% 2.19% 2.21% 2.52% 2.42% 2.58% 2.93% Cash
Bank Accounts and Change of Funds 7,658,693 8,,2841.656 11,775,452 12501251 9,339706 6,531,258 6,095.608 13 639.754 15.518.057 19,573,164 7.875,465 3,307,087 Total Cash $ 7,4411,693 $ 8,288,656 $ 11.775.452 $ 12,501,251 $ 9,339,706 $ 5,531,258 { 8,895,608 $ 13.639,754 $ 15,519.957 $ 10573,164 $ 7,675,405 $ 3307.087 Total Cash and Investments $ 110.006.342 $ 94,145.084 $ 98.312.419 $ 104.20,1,597 $ 110,823 321 $ 113.456.005 5 109,543,775 $ 112,716,161 $ 127,355.601 $ 135.617.094 $ 129,8074619 $ 125,333,584 PARS Investment Portfolio
115 Trust-OPEB Investment 1,572,603 1,630,170 1,708,207 1,652,912 1,739,967 1,684,867 1,724,852 1,737,104 1,720,017 1,780,155 1,818,663 1,783,295 115 Trust-Pension Investment 2,497.022 2.530.004 2,632.795 2.581.314 2,686.340 2,620466 2673.710 2690,221 2,663.234 3.878.889 4,566,893 4-509,472 Total Restricted Funds Held in Trust $ 4,669,625 $ 4.1110,254 $ 4,341,001 $ 4.234227 $ 4.426.307 $ 4,315,333 $ 4,398,562_$ 4427.325 $ 4,383,251 $ 5.657024 $ 6.385.657 $ 6.282,767 Benchmarks:

LAIF 1.51% 1.77% 2.01% 2.17% 2.43% 2.82% 2.83% 2.87% 2.99% 3.17% 3.31% 3.43% CAMP 2.97% 3.21% 3.90% 4.30% 4.56% 4.73% 4.82% 5.01% 5.20% 5.27% 5.43% 5.54% 2yr U.S.Treasury 4.22% 4.51% 4.38% 4.38% 4.21% 4.81% 4.08% 4.04% 4.40% 4.87% 4.88% 4.85% 5yr U.S.Treasury 4.06% 4.27% 3.82% 3.82% 3.63% 4.18% 3.60% 3.51% 3.74% 4.13% 4.18% 4.23% Restricted Funds with Fiscal Agent
Wtr Sys Lease Rev Ref Bonds 2021 74,148 0 0 0 0 0 48,060 0 0 0 0 0 Wtr Revenue Bonds 2022 16,499,053 15,500,398 15,500,464 15,500,464 1,550,053 15,500,593 15,643,606 15,500,784 15,500,848 15,500,814 15,500,977 15,501,043 Successor Agency TAN 2013/TAN 2016-Me 2,256,080 2,256,089 2,256,099 2,256,099 2,255,118 2,543,569 2,256,134 2,256,143 2,258,143 2,256,162 2,256,172 2,892,444 Colonies CFD Area#12022 294,395 294,386 294,388 294,388 294,390 294,391 908,787 908,791 1,640,511 1,640,517 1,640,523 1,640,530 Colonies CFD Area#2 2015 1,547,781 1,547,797 1,547,804 1,547,804 1,547,817 2,245,450 2,006,596 2,006,605 2,615,766 2,615,776 2,615,787 2,615,798 Upland 54 CFD 2004 174,034 174,034 174,035 174,035 174,036 227,6,15 197,826 197,827 261,002 261,003 261,004 261,005 Sycamore Hills CFD 2015-1 1,036,435 1,036,440 1,036,444 1,036,444 1,036,449 1,036,457 852,152 852,155 1,076,844 1,076,848 1,076,852 1,102,057 Sycamore Hills CFD 2015.1.2 8,981,674 8,881,711 5,756,005 5,756,005 5,256,346 5,256,368 5,312,540 4,262,553 4,544,621 4,544,939 1,104,332 1,124,072 Harvest at Upland CFD 2016-1 Area#1 557,743 558,639 559,833 559,833 562,988 886,081 711,689 714,159 890,929 893,973 897,321 904,297 Harvest at Upland CFD 2010-1 Area#2 2,294,094 2,204,103 2,294,113 2,294,113 2,294,132 2,577,402 2,426,596 2,426,606 2,695,079 2,695,089 2,695,100 2,695,112 4,010,877 3.998,701 _ 4.013,696 4,029 216
Total Restricted Funds $ 33,7/5,437 5 32,643,598 $ 29419.184 $ 29,419,184 $ 14,972,328 $ 30567956 $ 30,365,086 $ 29,125,623 $ 35,493,019 $ 35.483.921 $ 32 061 765 $ 32,765,574

Page 35 of 223 ends

Page 16 of 16 ends

Prepared by Darren Chen
9/19/2023

,fr �pl" CITY FUPLAND
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: September 25,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

STACEY PADRON,EXECUTIVE ASSISTANT I
SUBJECT: CONSIDER APPROVAL OF PROCUREMENT OF CITYWIDE PARK RESTROOM FIXTURES AND APPROVAL OF AN AGREEMENT WITH BIG 0 FLOORING FOR EPDXY

INSTALLATION
RECOMMENDED ACTION:

It is recommended that the City Council approve the procurement of restroom fixtures from Thompson Plumbing Supply Inc. in the amount of$120,000 and approve a general services agreement with Big 0 Flooring, Inc. for the installation of epoxy at nine park restrooms;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of upgrading our City parks thus enhancing the desirability of the City as a place to live and strengthening our community image.

BACKGROUND
On October 24,2022 City Council approved the procurement of restroom fixtures at Greenbelt and Magnolia Parks.

At the December 12,2022 meeting of the City Council,$227,500 was identified for allocation in various Upland parks on the Quimby Project Identification Report to repair restrooms.

On February 22, 2023, in an effort to address ongoing issues with maintenance in the aging park restrooms, City Council approved the midyear budget review's proposed adjustment including an additional $473,750 transferred from the General Fund to the Building Maintenance and Operation Fund for park restroom renovation.

On June 12, 2023, in conjunction with the approval of the Fiscal Year 2023-24 operating budget the City Council appropriated$150,000 of Quimby Fees for park restroom replacement.

On August 14, 2023, City Council approved the expenditure of$115,000 in Quimby Fees at Baldy View Park and Sierra Vista Park—outside of the neighborhood where the fees were collected. City Council also approved a budget amendment to increase the Quimby Fees budgeted for the Citywide Park Restroom Project to$237,500.

ISSUES AND ANALYSIS
Less than a year ago, staff obtained quotes from multiple vendors per the City of Upland's procurement policy and City Council approved the procurement of restroom fixtures from Thompson Plumbing Supply Inc. at Greenbelt and Magnolia Parks. To maintain a uniform design among the park restrooms citywide, Staff is recommending piggybacking on our own bid process and engaging Thompson Plumbing Supply Inc.for the procurement of fixtures at the 9 restrooms that make up the Citywide Park Restroom Project. The price quote from Thompson Plumbing Supply Inc. adds up to $113,123.63. Staff are requesting an additional 6% contingency of$6,876.37 for a total procurement of$120,000.00.

Regarding the installation of epoxy throughout the nine restrooms that make up the Citywide Park Restroom Project, Public Works staff solicited quotes from multiple vendors. Three vendors attended the mandatory walkthrough,but only two vendors solicited bids. After evaluating the quotes, Big 0 Flooring, Inc. was selected as it provided the requested services at the most favorable rate.The Big 0 Flooring,Inc.agreement for$174,436 is attached to the staff report. The agreement includes terms requiring a 50%deposit due for the ordering of the epoxy material.

Page 36 of 223 ends

ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt from the California Environmental Quality Act(CEQA)pursuant to Article 19, Section 15301,Existing Facilities, Class 1 of the CEQA Guidelines, since the proposed project does not include any expansion of the existing site,and includes repairs,maintenance,improvements,and minor alterations to the existing parks.Further,if the activity is deemed a project,it would be exempt pursuant to Section 15061(b)(3)of the CEQA Guidelines.

FISCAL IMPACTS
With this action, City Council will authorize the appropriation of$120,000 of funds for restroom fixtures,as well as $174,436 for the installation of epoxy in the nine restrooms that make up the Citywide Park Restroom Project. Funds for both vendors have already been budgeted in the Building Maintenance &Operations Internal Service Fund and the Park Acquisition and Development Capital Project Fund.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically Exempt from the California Environmental Quality Act(CEQA)pursuant to Article 19, Section 15301.

Page 37 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE p1431 'West 9th Street, Unit E Phone 909.946-1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
iluote#,..... loofa Dade Exp Date :C410.0.a Customer.'I�fO Ship Via Whiter 0018659 09/01/2023 09/16/2023 0001861 CABRILLO MENS WILL CALL NT Job)0` i C,ustomer Terms Salesman ..
iRMANCEIRM:....::.:..::.:.... NET 30 NICK _
v <4 Y � f •4 f 1 MOV _',L vXf.v:tiM.v:
**********************************
* **OPEN PO# 060236**
**********************************
SP ACORN R2141-W-3 EA 2 933 . 3333 1866. 67 S952 SLOAN 952 CONCEALED FLUSH EA 2 319. 80 639. 60 VALVE 3914868
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 .352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18 . 4815 18.48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15. 3074 15.31 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5. 05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 .46 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 1515 .2027 1515.20 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0.00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS .

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 38 of 223 ends

Thompson Plumbing Supply Inc. PRICE QUOTE
p1431 West 9th Street, Unit E Phone 909.946.1171 Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted - - - Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
I
r .x.
o mes ?St l;i U
a. i�. 1�:1��....«:: �� 1e Cu ,�u�l .� ,.� o. P. .�'>•• W� .�.: �� `�{IH�>� rite Q018659 09/01/2023 09/16/2023 0001861 CABRILLO MENS WILL CALL INT Cuslamec Terms esman
NET 30 NICK
Otidit ;i:j<j i yy
i.:4r:
if^:Sq.::
.•�'�". :•:}::: may. ,}� :?:S:i}v: \}�l�g
��.T.• :�a:x'Yry
Sub Total $5, 263. 52
Freight $0. 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $407 . 92 $5, 671 .44 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 39 of 223 ends

Trap Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
g*#. ..::;.:: i��v .Gate : :.«..:. :��,�#ii�9,: ;.;:. `:'> >'. :.'..�: ..... .IhFnteF ::

Q018658 09/01/2023 09/16/2023 0001861 CABRILLO WOMENS WILL CALL NT Jab I� `: ustomer;:Terms. " Salesman
NET 30... NICK
:.:•f.:•:::::�?i:Y.:}:::vi.i:i}:s..>•::•y:v:.s::i.:::i w::i::::::.�vSRPvvi:::::is Y..i;.:ii::.�:.}::.

IMAtnitMErtrOCEntietAiaff
**********************************
* **OPEN PO# 060236**
**********************************
SP ACORN R2141-W-3 EA 3 933. 3333 2800 . 00 S952 SLOAN 952 CONCEALED FLUSH EA 3 319 . 80 959.40 VALVE 3914868
AC195319H1GT ACORN 1953 LAV SINK EA 2 950 . 40 1900 .80 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 2 8 . 352 16.70 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 2 18. 4815 36. 96

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 2 15. 3074 30 . 61 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 2 5 . 049 10 . 10 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 2 244 . 4591 488 . 92 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 4414 . 7297 4414 .73 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 40 of 223 ends

TD
Thompson Plumbing Supply Inc. PRICE QUOTE
1431 West 9th Street, Unit E Phone 909.946-1171 Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted - Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
4iJ1i:•:is 4i'?:
>Q�t13cd � (loots�►a#e £x}{�'�� +sf�leF#- [EIR3��F{i�' .:, _.��>, , , n n }>. �rl�er r.: ..::...n.:.x.:vF'::.•:.: /..n.... ...:.... .:.....:3,v:::.v:n�L:i•}:.i::i.:•.:::v.•.i::-i:'.�-.-.•.•�-.•.•.:v. ::?:.i.. ..n..:.. '%....v:.....t.:5...:

Q018658 09/01/2023 09/16/2023 0001861 CABRILLO WOMENS WILL CALL NT Job ID>i customer Terms Salesman
NET 30 NICK
Vitaid .....;>:>:E .....IN:ge p ,ar ..::... ::

Sub Total $10, 658 .22
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $826. 01 $11, 484.23 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 41 of 223 ends

Tp Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909.946.1171 Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To —
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
..:temilAMBMZf�nter
0018657 09/01/2023 09/16/2023 0001861 BALDY VIEW MENS WILL CALL NT Jab It1... us�omar:Terms Salesman .

NET 30 NICK
rddiitte:: M.,....:::> Att ti ai ..:... .. .: 7M.: , t **********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675-W-1 .28-FVBO WALL EA 1 980 . 00 980 . 00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 1 319. 80 319. 80 VALVE 3914868
AC1709HEUW10 . 12 ACORN 1709HEU-W-1-0. 125-FVBO EA 1 1128 . 00 1128 . 00

SS URINAL
SL3915522 SLOAN ROYAL 995-0 . 125 2-10 3/4 EA 1 201 . 63 201 . 63 L DIM

CONCEALED FLUSH VALVE
SLHY100AMBFW SLOAN HY-100-A-MBFW METAL EA 1 119 . 955 119. 96 BUTTOM
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 . 352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18 . 4815 18. 48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15.3074 15. 31 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5. 049 5. 05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 1574 . 0541 1574 . 05 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY
Continue. . .

Page 42 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE p1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Tel: 909-931-4253 Fax: 909-931-4237
.. : ...:..... ..:,:. .. •:p}y.:.;:?ti:;{:4:�i�{:` .. :•' >in\'v'/.•?jtv?::ti:••:::i::^:C:ii::...riY^i.:niv\:• {say.µ♦� ((��tt��nn1�{ y a` ,(y n (+ ��'']] 'i:4 i:4:Wi:?:i:i?:•i::S::?i'. ti•:
';M.�RVi1F::....i:r... 0,4ViII.' 13.. .LX 1Ta l+' '1.1 U. � •::.V:• :''• k y4a h ..h..•'� ... ::.. ��.�.:•v:v is if ^'W'... ��- ' ..... xx.en. A, w:..:Fr :.•:r:n::•�::::.::i:;......: ......... :..... ... .. v':v.:: �:...n ....... ... ....F. ??4:iii................. ..f5.:.::v::::xv:.:F.v'tii•:Jfi:�;•i: .v.•.:.m• :::x:.-:...:. ............:.

Q018657 09/01/2023 09/16/2023 0001861 BALDY VIEW MENS WILL CALL NT Job 01 .: customer Terms:. esteao
NET 30 NICK
P rbtli4 dt7 3 ems, :: f� �.......:. �j µy, tyi4F j,, �j0.4� yN ? .... .:' �.. ..: :s.�...r:>.. ..:'cap::.. .n,....-.....Y... :'s'?1tMi.i3iii• 'is4'F.isi�.iYS•.'%:.'3 �••'�,c?iAF;4'iAF :..T7!'..�..MM ?F!':'

BASES ONLY
Sub Total $5, 565. 49
Freight $0. 00 Total
X: Misc Charges $0. 00
(Accepted by) Tax Amount $431 . 33 $5, 996.82 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 43 of 223 ends

Tp Thompson Plumbing Supply Inc. PRICE QUOTE 1431 'West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
\•:::••:�i:�iiih:.... ......•.:•:••iii•::Y. •:i•::.is :#u�E��:: Etta date x rate gssler� �t� 1�:t�_�:�_::;>;.. ....:.:.... .1fia WS Q018656 09/01/2023 09/16/2023. 0001861 BALDY VIEW WOME1WILL CALL NT Job)tl Customer Terms Salesman
NET 30 NICK
a gar.: : :.... .:::...::g# #CV. .....::. ,.:.'.:..:. . .. nt:, grit. ::::P.ti. . .e...:zxtAtituit:. **********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675-W-1 .28-FVBO WALL EA 2 980 . 00 1960 . 00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 2 319 . 80 639. 60 VALVE 3914868
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 . 352 8.35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18. 4815 18. 48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15. 3074 15.31 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5. 05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 3022 . 50 3022 .50 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS .

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 44 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE p1431 West 9th Street, Unit E Phone 909.946.1171 Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
::> z•,:K•
.............r.::n.:. : ........::.:.. .<:'•.:v:.�:v..,.Y......y:::.:::::.�::n�: :?i}::`' ....:::': .'T7�i.i. .;}} ... ¢e}:n{..::.•.x:..:m.rr.:} nn � ..rJJ.6�1�•: .�� :{k::\:{Yn:iri•r'r.•}rivnvnxv.:.xvrc..•r:}:r:rr::::n•:..:::v::i.w:::v::.r. `:

Sub Total $6, 864 . 15
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $531. 97 $7, 396. 12 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 45 of 223 ends

Tiopp
Thompson Plumbing Supply Inc. PRICE QUOTE
1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
Q018651 09/01/2023 09/16/2023 0001861 SKATE PARK MENS WILL CALL NT Job 1D `: Customer;:Terms Salesman
NET 30 NICK
" a tat *Mda t ti: 1 t 'n. .COia:t: .....m:..;.:::;;,.. **********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 . 28FVB0 ACORN 1675-W-1 .28-FVBO WALL EA 1 980 . 00 980 . 00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 1 319. 80 319. 80 VALVE 3914868
AC1709HEUW10 . 12 ACORN 1709HEU-W-1-0 . 125-FVBO EA 1 1128 . 00 1128 .00

SS URINAL
SL3915522 SLOAN ROYAL 995-0 . 125 2-10 3/4 EA 1 201 . 63 201 . 63 L DIM

CONCEALED FLUSH VALVE
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950.40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 .352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18 . 4815 18. 48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15 . 3074 15. 31

38. 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5. 049 5.05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333-E2805-665PSHAB
SLHY100AMBFW SLOAN HY-100-A-MBFW METAL EA 1 119. 955 119. 96

BUT TOM
BPARTITION BRADLEY RESTROOM PARTITION EA 1 1549 .4595 1549. 46 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY
Continue. . .

Page 46 of 223 ends

Thompson Plumbing Supply Inc. PRICE QUOTE
p1431 West 9th Street, Unit E Phone 909-946-1171 S Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
- Quoted i Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
>iius a#;: Ella►te(ta#e £x ii 410FRP # ✓ 00►�er ..10 k ; ia:::; i.

NET 30 NICK
dat.N . EVN$.4* .pit .....::: .:.:::.. ;! ' .K : ' aG t.:::Ptx:b: ::::.:giet x : x:_

BASES ONLY
Sub Total $5, 540 . 90
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $429. 42 $5, 970.32 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3 DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 47 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE P1431 West 9th Street, Unit E Phone 909-946-1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted - Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
:»:;.. �y,�,,
t �a,.�. Ideate ►ate �x�y,�Lal�^:::>n::>; �Wstsmter� � Gt�stQ�T.frtt3� #pia:: :. a ARAtN Q018650 09/01/2023 09/16/2023, 0001861 SKATE PARK WOMEIWILL CALL NT Jo61I) Custemer;Terms j. .... Salesman
NET 30 NICK
**********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 . 28FVBO ACORN 1675-W-1 . 28-FVBO WALL EA 2 980 . 00 1960 . 00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 2 319. 80 639. 60 VALVE 3914868
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 .40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 .352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18 . 4815 18 . 48

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 48 of 223 ends

Thompson Plumbing Supply Inc. PRICE QUOTE
p1431 West 9th Street, Unit E Phone 909-946-1171 S Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted - Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
>:QOR:,- IIuA 0-Rate ga a OO*._ Or PAtnmer i : I1> �FMES Q018650 09/01/2023 09/16/2023 0001861 1SKATE PARK W0MENWILL CALL NT Jab lfl>' , Customer Terms Salestnaft . ... .

NET 30 NICK
mm*R .'K4
Sub Total $6, 852 . 93
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $531 . 10 $7, 384.03 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 49 of 223 ends

Tr"
Thompson Plumbing Supply Inc. PRICE QUOTE
1431 West 9th Street, Unit E Phone 909-946-1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
��1;e�' �rmte C1ate £yy`{ #late ��s�arrter� lt� f�#0 a� '� ... �a �r�ter.-.;•:�:; ....h..r......:.r.........:............v..:...:. ........... .r.�'M.... ..-.......,..?:?:::, ..... ...............F......r........d..... ..........?. .:.::�:. ..:. ......:.F - ........r.:..... r.....

Q018644 09/01/2023, 09/16/2023 0001861 MEMORIAL ROTARY WILL CALL NT Jab lb :• Custom r T rr s Salesman.

NET 30 NICK
: E 3C,c .......,. P*At. .pt. wEEEEMEEEME. ..:...`...,FvM.... :. #ti 15:iitti: '.etti ;:'; **********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675-W-1 .28-FVBO WALL EA 1 980 . 00 980 . 00

MOUNT SS TOILET
AC1709HEUW10 . 12 ACORN 1709HEU-W-1-0 . 125-FVBO EA 2 1128 . 00 2256. 00

SS URINAL
S952 SLOAN 952 CONCEALED FLUSH EA 1 319 . 80 319. 80 VALVE 3914868
SL3915522 SLOAN ROYAL 995-0 . 125 2-10 3/4 EA 2 201 . 63 403 .26 L DIM

CONCEALED FLUSH VALVE
SLHY100AMBFW SLOAN HY-100-A-MBFW METAL EA 2 119. 955 239. 91

BUT TOM
AC195319H1GT ACORN 1953 LAV SINK EA 1 950. 40 950 . 40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 .352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18. 4815 18 . 48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15. 3074 15.31 38 . 12 . 20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5. 05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 1574 . 0541 1574 . 05 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS .

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY
Continue. . .

Page 50 of 223 ends

Thompson Plumbing Supply Inc. PRICE QUOTE
p1431 West 9th Street, Unit E Phone 909-946-1171 Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
..�.:•:.. .:....:..:.:?.v?:.... .. •...: n....:..:•.:...:nJ.:R:::.; ..:.....,.: .• ,...: F[I:�;� :�•:.... '�>�a::' :,. { ...rr. ...rv... ..:...... .... x. :..v.n..rr ...,v.M1..n....: n....FnSwF.:.4:ti:.X{+±.:YFii:':::::.:{•......::..:.v::v?:5:•:�:i>;•{••?:ri:.vtiv:::}::::.wri::. .....

Q018644 09/01/2023 09/16/2023, 0001861 MEMORIAL ROTARY, WILL CALL NT Jab I# POOW Terms :;: .: Sales ian NET 30 NICK
....+lk•.... ... N....v..r.,....,.,{:.S..rr.':{: tw71!a.,...�....... .. IQU at,`WA1iFi: :a:w.'1rt''.:U4NentitiY.k7C•.

BASES ONLY
Sub Total $7, 015 . 07
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $543 . 67 $7, 558 .74 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 51 of 223 ends

TD Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
:ake 40.e4k#i:...:....:. .._ gtigie.,.v..... . 0u�#a�er� .,...:: �us1a .�#a� f.. ....... Vltr�ter.:
�i�
Q018643 09/01/2023 09/16/2023 0001861 MEMORIAL ROTARY WILL CALL NT Cus#amer Termsalesinan
'Wo' `$
NET 30 NICK
viiii5duttEmaliimasEauktetititibicasioeimomamminammun..... **********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675-W-1 .28-FVBO WALL EA 3 980 . 00 2940.00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 3 319 . 80 959. 40 VALVE 3914868
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950. 40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 . 352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18. 4815 18.48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15. 3074 15. 31 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5.05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 4493. 7838 4493.78 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 52 of 223 ends

Tro
Thompson Plumbing Supply Inc. PRICE QUOTE
1431 West 9th Street, Unit E Phone 909-946-1171 S Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
<.i�fe:��•;: Duote011 Via Writer Q018643 09/01/2023 09/16/2023 0001861 MEMORIAL ROTARY WILL CALL NT Jnh ID l; Customer`Terms f Salesman
NET 30 NICK
ntbdx t .. .. : ► :sbe :tab :on 1M t of _U' afr .prkc+ . Extension Sub Total $9, 635 .23
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $746. 73 $10, 381 . 96 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3•DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 53 of 223 ends

Thompson Plumbing Supply Inc. PRICE QUOTE
p1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
::... .i ' >: ..... tti : a.e 1 x date gOiS'. to > 'r:< fia ..'i rrt r.:

Q018649 09/01/2023 09/16/2023 0001861 MEMORIAL ATWOOI NT Jab 1D`. Customer Terms. Salesman.

NET 30 NICK
**********************************
* **OPEN PO# 060236**
**********************************
S111 SLOAN ROYAL 111 1 . 6 GPF EA 1 161 .3115 161 . 31

CLOSET FLUSH VALVE
S186-0. 5 SLOAN ROYAL 186-0 .5 FLUSH EA 1 161 .3115 161 .31 VALVE
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 .40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 . 352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18. 4815 18 .48

GROUND JOINT
SRI7CPX LOOSE KEY STOP #SR17CX EA 1 15. 3074 15.31 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5.05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 .46 333-E2805-665PSHAB
AC1709HEUW10 . 12 ACORN 1709HEU-W-1-0 . 125-FVBO EA 1 1128 . 00 1128.00

SS URINAL
BPARTITION BRADLEY RESTROOM PARTITION EA 1 2566. 6216 2566. 62 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 .00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 54 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE p1431 West 9th Street, Unit E Phone 909.946.1171 Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
-...'.....J, .:. . ....':: 1 .:..........:.;_.,.ti:.•vr}::.R:>.?:Y.•}.X+,:»`7:^x.:.:i::>';'.:.:�:u:::�i»is:3:ar:r>:::>•}xa•:�., �,ittlle us amen erms aiesman
NET 30 NICK
.: .vn: ......Y....F.0.6:?:.},.:•!??5::.. ..-..=:.ix:,-::4v.ryJl.:i.•..?]Frv:.::r.^:. r.nF.:i >�y�yJ: ti�:Yr};:
:�f.+Fi
.:Av�;S
Sub Total $5, 259 .29
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $407 . 59 $5, 666. 88 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3•DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 55 of 223 ends

Tp, Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
Ito# : - ast er: £0000 F R a i►B 1! rl er Q018647 09/01/2023 09/16/2023 0001861 MEMORIAL ATWOOD_WILL CALL NT Customer Terms talesman
NET 30 NICK
es rip .....::: ::> ;:: : : t: u n :,AkCjitika:00ti )wx.,te:0 : .0.x4::
**********************************
* **OPEN PO# 060236**
**********************************
S111 SLOAN ROYAL 111 1 . 6 GPF EA 2 161 . 3115 322 . 62

CLOSET FLUSH VALVE
AC195319H1GT ACORN 1953 LAV SINK EA 2 950 . 40 1900 . 80 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 2 8 .352 16. 70 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 2 18 . 4815 36. 96

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 2 15. 3074 30 . 61 38 . 12 . 20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 2 5. 049 10 . 10 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 2 244 . 4591 488 . 92 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 4240 . 8108 4240 . 81 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Sub Total $7, 047 . 52
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $546. 18 $7, 593.70 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 56 of 223 ends

Tp Thompson Plumbing Supply Inc. PRICE QUOTE
1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
Q�ts.�:; '8u�t$late. .:,:':.., fix#t�a�a ..v:.;::>: ':.:..�as�mt'±e.�€ . .:.:; �►r t��A.� ;�Cia. .....:.r f> � �i�tar Q018645 09/01/2023 09/16/2023 0001861 SIERRA VISTA MEtIWILL CALL NT .lob1D °.. Customer Terms Salesman
NET 30 NICK
**********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675-W-1 . 28-FVBO WALL EA 1 980 . 00 980 .00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 1 319. 80 319.80 VALVE 3914868
AC1709HEUW10 . 12 ACORN 1709HEU-W-1-0. 125-FVBO EA 1 1128 . 00 1128 .00

SS URINAL
SL3915522 SLOAN ROYAL 995-0. 125 2-10 3/4 EA 1 201 . 63 201 . 63 L DIM

CONCEALED FLUSH VALVE
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 . 352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18. 4815 18 .48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15. 3074 15.31 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5. 049 5 . 05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 .46 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 1574 . 0541 1574 .05 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 .00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 57 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE p1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted 1 Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
. .::..:. ... .'... .u:...v......n....., .. ..:.:: •.::::.:..:.................. ... �n...... .-', �� .:.-,'. v''�":+. :SiJ:i:i::}};.'r}:�}:�:54>:•i:... - -.:-- .... �`;4}:}}}i}:::}}i:iiiu>::
.. ....:...:..:. - 1�t1 c�i.xl�Pe ,Y_y�:.a:..:.,• .�� r � .- :�rLES •r •::ei4r: - ': ::g:;;:::;}: -�- .. �l�a- .::..v :n >� .::..,.::::Water Q018645 09/01/2023 09/16/2023 0001861 SIERRA VISTA MENWILL CALL NT Job 11� Customer Terms Salesman '
NET 30 NICK
Sub Total $5, 445 .53
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $422 . 03 $5, 867 .56 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3•DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 58 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE 1J1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To CITY OF UPLAND SAME 460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
`ilkg. asamr &tAC� �? u�a fliritet Q018646 09/01/2023 09/16/2023 0001861 SIERRA VISTA WOMWILL CALL NT Jab ID Customer,Terms : : Salesman
NET 30 NICK
. ..::. ...... ... ..RI da.O......: .:.:..` ....,... ..' 5 '{ anfw_; **********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675—W-1. 28—FVBO WALL EA 2 980 . 00 1960 .00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 2 319. 80 639. 60 VALVE 3914868
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 .352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18. 4815 18. 48

GROUND JOINT
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15. 3074 15.31 38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5. 05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 .46 333—E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 3031 .2838 3031 .28 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0. 00 0 .00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS .

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 59 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE p1431 West 9th Street, Unit E Phone 909.946.1171 Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
SSiN::A.:. i;:\i:ii;:i i:4:iiii:i'•.r�.:.
:: 7#R�k >> 4 ii. a# ;..,,i:X ; NiRv:•>r•••r•::. ttti. •c4.*_ DIL •i K:::?.m:::<,:;:;:.<::: isi;:i;.?i:%i:i::::.ii✓• ;:4:i ::,.::::.•:��:�, :r.:.. .::�Q3F;.::::::.-er.1a::..::.::,.:�..:.:::,at.::::..::.�..�..�::...r..::.:r:v: � ..:..•.-:_ .:... : .:.:.:::�:-::.��.:..:.� ...:.::.: r ,R:�•:.<::rnrsw a......::.r : ::::: ..:::: ?!!tF,'I�S�:x;• 0018646 09/01/2023 09/16/2023 0001861 SIERRA VISTA WOMWILL CALL NT Custome[• TTns :::. :. fah maa
NET 30 NICK
�}��
{�y��'�j t3.
!�ty/p }may vi;;�.�y, ty�.
'"'IMF::i.'r. •Pr:........A..°i�.�9.....- •�a. 'r`ri:r•:i?iiiY:iiO: ::`{}{�viii ry:i:?`vvii'1��{�i:v::,;: %;:ii%X.;i::::%:�:•nvn :N[• Sub Total $6, 872 . 93
Freight $0. 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $532 . 65 $7, 405 .58 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 60 of 223 ends

Tp Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909-946-1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To -
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
I -.,:... if bare ......:.: r......... 1 r te€ Q017095 02/17/2023 03/04/2023 0001861 McCarthy Mens WILL CALL NT Job lO :: Customer Terms Salesman
NET 30 NICK
**********************************
* **OPEN PO# 060236**
**********************************
S952 SLOAN 952 CONCEALED FLUSH EA 1 319. 80 319. 80 VALVE 3914868
112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 21 .33 21 . 33

GROUND JOINT
SCR19CPX 1/2" COMP X 3/8" COMP L/K EA 1 17 . 9388 17 . 94 ANGLE STOP #KTSCR19CX
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333-E2805-665PSHAB
114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 9. 7976 9. 80 AC1675W1 .28FVB0 ACORN 1675-W-1 .28-FVBO WALL EA 1 980 . 00 980 . 00

MOUNT SS TOILET
S195 SLOAN ROYAL 195-0 . 125 10 3/4 L EA 1 189. 5571 189 .56 DIM
BPARTITION BRADLEY RESTROOM PARTITION EA 1 1574 . 0541 1574 . 05 AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 38 . 12.20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5 . 05 FLEX RISER #B1-20AF
DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0 . 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 61 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE p1431 West 9th Street, Unit E Phone 9D9.946.1171 S Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
:..•'f.•:.nti}'+:n. ..:' . .r..n
:...v.: �
.n. ...' Y[�p'F...:.::. �.r�':•�x.......:}:Afi.•:•:-::�::v:}. :�^.{�} KSiI....-....: �MQ��St[�` M'�IM�RSV.L:) 9!'.. ...»... --.L .�RCa :::• "'S.v.'fiY7� Q_017095 02/171202303/04/2023 ,0001861 McCarthy Mens WILL CALL NT Custamer;Ter s Salesman
NET 30 NICK
....'ytF.'.�'.................H.:t•:i:.t:..;:?i?:r./F....:?:•:°:.•i................MMOICO:.11.4r.i:?:i:i:{;Sn.v:Jr.v rcf''` .::,...e. nd .O% ::yratakl4ditagoit1iiehiektxS} Sub Total $4, 312 . 39
Freight $100 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $334 .21 $4, 746.60 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 62 of 223 ends

Tp Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909-946-1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
� I
Hoots#; Quote Date Exp Date Customer# Customer l'10 Ship;Via Writer Q017100 02/20/2023 03/07/2023 0001861 McCarthy Womens WILL CALL NT Job)D Customer Terms Salesman
NET 30 NICK
**********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675—W-1 . 28—FVBO WALL EA 2 980 . 00 1960 . 00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 2 319. 80 639. 60 VALVE 3914868
112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 21 . 33 21 . 33

GROUND JOINT
SCR19CPX 1/2" COMP X 3/8" COMP L/K EA 1 17 . 9388 17 . 94 ANGLE STOP #KTSCR19CX
38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5 . 05 FLEX RISER #B1-20AF
CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333—E2805-665PSHAB
114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 9. 7976 9 . 80 BPARTITION BRADLEY RESTROOM PARTITION EA 1 3031 . 2838 3031 .28 AC195319H1GT ACORN 1953 LAV SINK EA 1 0 . 00 0 . 00 DISCLOSURE THIS QUOTE IS BASED ON EA 1 0 . 00 0. 00 INFORMATION PROVIDED BY YOU.

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 63 of 223 ends

T Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909.946.1.171 S Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
;:[k��'!�:�•<. Etuute l�a�e..::::::::.:.. �x�t;4a1e h ,:..:,......:. ��stei� tD 1f4 :.: . . . Aa iSiv i i t E [if0.rs
Q017100 02/20/2023 03/07/2023 0001861 McCarthy. Womens WILL CALL NT Job l� Customer Terms Salesman
NET 30 NICK
Sub Total $5, 929 . 46
Freight $200 . 00 Total
X: Misc Charges $0. 00
(Accepted by) Tax Amount $459. 53 $6, 588 . 99 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3•DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 64 of 223 ends

IT Thompson Plumbing Supply Inc. PRICE QUOTE p1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
L
>: eNVORR WiIra LleEN
Q018642 09/01/2023 09/16/2023 0001861 SAN ANT PARK MEpWILL CALL NT . ... ;; Customer Terms Salesman
NET 30 NICK
; aF cIL 'E tE .. ,MU 1: 3 ' :; iat.::.«kiaik **********************************
* **OPEN PO# 060236**
**********************************
AC1675W1 .28FVB0 ACORN 1675-W-1 .28-FVBO WALL EA 1 980 . 00 980 . 00

MOUNT SS TOILET
AC1709HEUW10 . 12 ACORN 1709HEU-W-1-0. 125-FVBO EA 1 1128 . 00 1128 . 00

SS URINAL
S952 SLOAN 952 CONCEALED FLUSH EA 1 319 . 80 319.80 VALVE 3914868
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 SL3915522 SLOAN ROYAL 995-0. 125 2-10 3/4 EA 1 201 . 63 201 . 63 L DIM

CONCEALED FLUSH VALVE
SLHY100AMBFW SLOAN HY-100-A-MBFW METAL EA 1 122 . 3639 122 .36 BUTTOM
114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 .352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18 . 4815 18.48

GROUND JOINT
38 . 12 .20SSFR 3/8" COMP X 1/2" IP X 20" SS EA 1 5 . 049 5.05 FLEX RISER #B1-20AF
SR17CPX LOOSE KEY STOP #SR17CX EA 1 15 . 3074 15. 31 CH333E2805665PS CHICAGO SINGLE FAUCET METERING EA 1 244 . 4591 244 . 46 333-E2805-665PSHAB
BPARTITION BRADLEY RESTROOM PARTITION EA 1 1579 . 3243 1579. 32 Sub Total $5, 573 . 16
Freight $0 . 00 Total
X: Misc Charges $0 . 00
(Accepted by) Tax Amount $431 . 92 $6, 005 .08 MESSAGE TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 65 of 223 ends

Tr" Thompson Plumbing Supply Inc. PRICE QUOTE 1431 West 9th Street, Unit E Phone 909.946.1171 S Upland, CA 91786 Fax

Page 1 ends

Printed 09/14/23 NT
Quoted Ship To -
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1 : 909-931-4253 Fax: 909-931-4237
Q�►ts.#: ��}aie Exp#3ate: .;..:.. :.::a.:�::::,. :,.: :�rttmw:::.

G►�storhe�# OusFomeF.1�#i`k. .......... .... :��i� ,.>:•,:,;::::...,:..

Q018641 09/01/202309/16/2023 0001861 SAN ANT PARK WOMWILL CALL NT Jab t11 0stom030.0s Salesman
NET 30 NICK
xeko€ut ...:<: .. :ma t ; .. ... .: :::... fw 3 a. ....P:rx: :.Eitte ,ax:
**********************************
* **OPEN PO# 060236**
**********************************
AC195319H1GT ACORN 1953 LAV SINK EA 1 950 . 40 950 . 40 AC1675W1 .28FVB0 ACORN 1675-W-1 . 28-FVBO WALL EA 2 980 . 00 1960. 00

MOUNT SS TOILET
S952 SLOAN 952 CONCEALED FLUSH EA 2 319. 80 639. 60 VALVE 3914868
114 . 12CPTBE 1 1/4 X 12 CP TBE TAILPIECE EA 1 8 .352 8 .35 112CPTT 1 1/2 CP TUBE TRAP-17 GA EA 1 18 . 4815 18 . 48

PLEASE DOUBLE CHECK THIS

QUOTE FOR ANY ERRORS OR
OMISSIONS.

ALL QUOTES WILL ONLY BE PRICE
PROTECTED FOR 15 DAYS. IF AN

EXTENSION IS NEEDED, IT WILL

NEED APPROVAL FROM THE
QUOTATION DEPARTMENT.

COPPER PIPE QUOTED ON A DAILY

BASES ONLY
Continue. . .

Page 66 of 223 ends

Thompson Plumbing Supply Inc. PRICE QUOTE
p1431 Vest 9th Street, Unit E Phone 909.946-1171 Upland, CA 91786 Fax

Page 2 ends

Printed 09/14/23 NT
Quoted Ship To
CITY OF UPLAND SAME
460 N EUCLID AVE
UPLAND CA 91786-4732
Buyer: MATT SLAGLE
Te1: 909-931-4253 Fax: 909-931-4237
�v....:: - ::..v..:;•.v.:.::{•.:. .i •::.t�tC:v�:+:R n.:v.:�:t .,�.......:.�:.::r::.:isv:'�::•'viiw:i'�ti}�•:'4i:�.�'••.•'� NOON"
Q01864 1 09.:/e:::.0-.1lb/202:3 0.. 9�.�/ia1 /:::'•.i.?:2:i;i :;+r,.`vti:mrrX f;TF�reh3'•{±n:;ri.;n:.... ::4 -.";K:nr.:•"?vi:•:
+(y :rir,i;}S••,..,:�'.i•�...k..Kl:i r:;df•'.•: d '{ 4 j•.:.t.\:. �:} v:,��K+t.� '^�l v,v�.�v::v.•ii::::•R•:
♦ :Evi%vfrf�ii-i:Cs"ri�i:.rv'i.:i:�•.��..::F..i y_ r'r.}: �}y.::•�'�`i'YF.:i►x�i:%:�-5.�r...ir.� :.�;..r.. �vi. ��i%t :Nf�717t4- � ttv::r..x...n....:Sr:•:.v.•.....................)!!:n:::............v.:.......r..v:::...vr.nt n.:.t-0:i:v'f" :

Sub Total $6, 872 . 93
Freight $0 . 00 Total
X: Misc Charges $0. 00
(Accepted by) Tax Amount $532 . 65 $7, 405.58 [
MESSAGE ! - TERMS
THANK YOU FOR THE OPPORTUNITY TO QUOTE YOUR JOB!! ALL SALES ARE FINAL!PERMISSION TO RETURN ANY GOODS MUST BE MADE WITHIN 3-DAYS.ALL RETURNS
SUBJECT TO MINIMUM 25%
RESTOCKING FEE.

Page 67 of 223 ends

CITY OF UPLAND

AGREEMENT FOR GENERAL SERVICES

1. PARTIES AND DATE
This Agreement for Flooring Installation Services ("Agreement") 25th day of September, 2023 by and between the City of Upland, a municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and Big 0 Flooring, Inc., a Corporation with its principal place of business at 7435 Boxwood Ave. Fontana, CA 92336 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Flooring Installation services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Floor Installation services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Citywide Park Restroom Upgrade project ("Project") as set forth in this Agreement.

3. TERMS

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from September 11, 2023 to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the not to exceed amount of $174,436 as set forth in Exhibit "A" attached hereto and incorporated herein by BB&K(2020) 1 AGREEMENT FOR GENERAL SERVICES

Page 68 of 223 ends

reference. The total compensation shall not exceed the foregoing amount without written approval of City Manager.

3.2.2 Payment of Compensation. City shall pay Compensation to contractor as set forth in Exhibit "A"

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

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or seventeen thousand four hundred forty-three dollars and sixty cents ($17,443.60). In no event shall the total sum of the agreement (basic compensation and Extra Work) exceed one hundred ninety-one thousand eight hundred seventy-nine dollars and sixty cents ($191,879.60). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3 Responsibilities of Contractor.

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, BB&K(2020) 2 AGREEMENT FOR GENERAL SERVICES

Page 69 of 223 ends

including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits..

3.3.2 Schedule of Services/Time for Performance.
(a) Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Scope of Services, Schedule of Services and Compensation set forth in Exhibit "A" attached hereto and incorporated herein by reference.

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

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

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

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

Page 70 of 223 ends

Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Fernando Madrid

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

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

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

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

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

BB&K(2020) 4 AGREEMENT FOR GENERAL SERVICES

Page 71 of 223 ends

3.3.10 Insurance.
(a) Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. (b) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (3) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (c) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

BB&K(2020) 5 AGREEMENT FOR GENERAL SERVICES

Page 72 of 223 ends

(2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(3) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(d) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
(g) Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(h) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

BB&K(2020) 6 AGREEMENT FOR GENERAL SERVICES

Page 73 of 223 ends

(i) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

Q) Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(5) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit the Contractor's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(6) Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
(I) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an BB&K(2020) 7 AGREEMENT FOR GENERAL SERVICES

Page 74 of 223 ends

endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

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

3.4 Labor Code Requirements.

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

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

3.4.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance BB&K(2020) 8 AGREEMENT FOR GENERAL SERVICES

Page 75 of 223 ends

requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

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

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

3.6 Indemnification.

3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

BB&K(2020) 9 AGREEMENT FOR GENERAL SERVICES

Page 76 of 223 ends

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

3.7 General Provisions.

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

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

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

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

BB&K(2020) 10 AGREEMENT FOR GENERAL SERVICES

Page 77 of 223 ends

Contractor:

Big 0 Flooring, Inc.
7435 Boxwood Ave.

Fontana, CA 92336
Fernando Madrid (909)728-9512
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Richard Smiderle, Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.11 Assignment or Transfer. shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

3.7.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall BB&K(2020) 11 AGREEMENT FOR GENERAL SERVICES

Page 78 of 223 ends

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

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

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

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

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

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

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

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

BB&K(2020) 12 AGREEMENT FOR GENERAL SERVICES

Page 79 of 223 ends

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

3.7.21 Employment Adverse to City. Contractor shall notify City, and shall obtain City's written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.7.22 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City's payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

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

BB&K(2020) 13 AGREEMENT FOR GENERAL SERVICES

Page 80 of 223 ends

SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF UPLAND AND
BIG 0 FLOORING, INC,
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF UPLAND BIG 0 FLOORING, INC.

Approved By:

By:

Michael Blay
City Manager Its:

Approved as to Form: Printed Name:

Best Best & Krieger LLP By:

City Attorney
Its:

Printed Name:

Attested By:

City Clerk
BB&K(2020) 14 AGREEMENT FOR GENERAL SERVICES

Page 81 of 223 ends

EXHIBIT "A"

SCOPE OF SERVICES, SCHEDULE OF SERVICES AND COMPENSATION See proposal attached hereto:

BB&K(2020) 15 EXHIBIT A SCOPE OF SERVICES AND

SCHEDULE OF SERVICES

Page 82 of 223 ends

EST 2022
-40000
Proposal
BIG 0 FLOORING, INC.

Transforming Floors, One Floor at a Time Proposal #: 62220233 7435 Boxwood Ave Fontana, CA 92336 Proposal Date: 8/31/2023 Fernando Madrid: [email protected] Expiration Date: 11/31/2023 Phone: (909)728-9512 Payment Terms: 50% due upon material LIC# 1093946 DIR# 1000953947 delivery. Balance due 30 Days after installation for each park

ATTENTION
Richard Smiderle.

PROJECT TO
Epoxy Wall and Floor Modernization @ Cabrillo City Of Upland California.

Park, Bald View, Memorial/Atwood, Skatepark,
Rotary, Sierra Vista, McCarthy and San Antonio
Park.

SCOPE OF WORK AMOUNT
Mechanically prep walls and grind concrete floors to create a CSP 3-4 profile for proper bonding.Patch all $174,436 cracks, spalling etc.Install Elite Crete epoxy flooring system @ 3/16". Apply Sherwin Williams SANIGLAZE wall system with a splatter look to Cabrillo Park,Baldy View,Memorial/Atwood, Skatepark,Rotary, Sierra Vista,McCarthy and San Antonio Park approximately 2,478 sq/ft of floors and 1,161 In/ft of cove base,with 10,105 sq/ft of walls.

NOTE: Project billing for a total of 9 Park restrooms. After epoxy installation completion for each individual park, it will be billed at a breakdown of($19,381.78)to equal($174,436).

Duration and phasing of the project:30 days,eight mobilization.

The proposal assumes:-Prevailing wage labor and a 2-week lead time.Inclusions:Labor and materials.

Exclusions:Unexpected floor corrections,floor sloping,floor demolition and hauling,any hidden conditions of the substrate,moving and replacing any furnishings or equipment,and transition strips.Contractor or owner to provide lighting,power,tra sh removal,and material storage.No weekend work.(LIMITED 1 YEAR Warranty.)

Page 83 of 223 ends

T �o�� Proposal
ES
BIG 0 FLOORING, INC.

Transforming Floors, One Floor at a Time Proposal #: 62220233 7435 Boxwood Ave Fontana, CA 92336 Proposal Date: 8/31/2023 Fernando Madrid: ,[email protected] Expiration Date: 11/31/2023 Phone: (909)728-9512 Payment Terms: 50% due upon material LIC# 1093946 DIR# 1000953947 delivery. Balance due 30 days after installation for each park
completed.

Proposal Prepared by: Proposal Accepted by:

Fernando Madrid 08/31/2023

2.(e0
BIG 0 FLOORING, INC. Date:08/31/2023 Authorized Representative: Date: / / NOTICE
"Under the Mechanics Lien Law,(Calif code of Civil Procedure Sec 1181 et seq)any contractor,subcontractor,laborer,supplier or other people who helps to improve your property,but who is not paid for his work or supplies has a right to enforce a claim against your property.

This means that after a court hearing,your property could be sold by a court officer,and the proceeds of the sale used to satisfy the indebtedness.This can happen even if you have paid your own contractor in full if the subcontractor, laborer,or supplier remains unpaid."

Page 84 of 223 ends

Park Restroom Renovations
FY 23/24
Building
Quimby Maintenance
Park Epoxy Fixtures Installation Paint Funding Funding Total Cost Greenbelt - - - 20,000 - 20,000 $ 20,000 McCarthy 25,000 25,000 7,500 10,000 57,500 10,000 $ 67,500 Baldy View 25,000 25,000 7,500 10,000 57,500 * 10,000 $ 67,500 Cabrillo 25,000 25,000 7,500 20,000 57,500 20,000 $ 77,500 Citrus 25,000 25,000 7,500 25,000 7,500 75,000 $ 82,500 Memorial (Atwood Kitchen) 25,000 25,000 7,500 10,000 - 67,500 $ 67,500 Memorial (x2) 50,000 50,000 15,000 20,000 - 135,000 $ 135,000 San Antonio 25,000 25,000 7,500 10,000 - 67,500 $ 67,500 Sierra Vista 25,000 25,000 7,500 - 57,500 * - $ 57,500 $ 237,500 $ 405,000 $ 642,500
* Public hearing is necessary to appropriate unallocated Quimby Fee funds to these parks Olivedale-full restroom replacement

Page 85 of 223 ends

4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Stafif(krctilt
DATE: September 25,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:BRADEN YU,PUBLIC WORKS DIRECTOR

NICOLE DEMOET,ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER SUBJECT: CONSIDER ADOPTING A RESOLUTION APPROVING THE REGIONAL SEWAGE

SERVICE CONTRACT WITH INLAND EMPIRE UTILITIES AGENCY
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving the Regional Sewage Service Contract with Inland Empire Utilities Agency(IEUA).

GOAL STATEMENT
The proposed action supports the City's goal of providing cost effective sewer service to its residents and commercial ratepayers while preserving the City's continuing access to recycled water for potential future use.

BACKGROUND
The City of Upland is a sewerage collection agency that must outsource the treatment, and proper disposal of the sewage that is collected. On January 2, 1973, the City of Upland and six other sewage collection agencies entered into an agreement with the Inland Empire Utilities Agency(IEUA)predecessor agency for the conveyance,treatment, and disposal (or re-use as recycled water) of wastewater. The seven agencies that entered into this agreement, otherwise known as the Regional Contracting Agencies(RCAs),include the Cities of Chino,Chino Hills,Montclair, Ontario, Fontana, Upland, and the Cucamonga Valley Water District. The agreement was amended in 1994, is commonly known as the Regional Sewerage Service Contract, and had a term of 50-years set to expired on January 2,2023.

The RCAs and IEUA understood the importance of the renewal of the Regional Sewerage Service Contract and began discussions/negotiations in 2014. The goal was to update the agreement to be more representative of the current wastewater and recycled water practices and adequately represents the desired governance structure to manage wastewater and recycled water resources within the Chino Basin.

On November 4, 2022, IEUA submitted a letter to the negotiating parties requesting mutual agreement to continue Sewer and Recycled Water services under existing terms until April 30,2023. Within the Regional Sewerage Service Contract,there are provisions that allow RCAs to extend the contract and as a result,the RCAs sent a letter to IEUA in December 2022, exercising the RCA's right to extend the existing contract indefinitely until negotiations are completed and a new contract is signed.

Rather than continuing with the existing contract (which IEUA asserted was no longer valid), IEUA's Board of Directors adopted Ordinance Nos. 111 (the Regional Sewerage System Ordinance) and 112 (Availability and Regulation of Permitted Use of Recycled Water From the Regional Recycled Water Distribution System) on December 21,2022 to enforce the rules and regulations governing the operation of the Regional Sewerage system and to ensure compliance with IEUA's regulatory permits. Although the RCAs did not agree that the ordinances could replace the Regional Sewerage Service Contract, the adoption of IEUA Ordinance Nos. 111 and 112 was IEUA's temporary mechanism to extend the opportunity for the RCAs to complete the negotiation process through the month of April 2023, at which time a firm deadline was set for all RCAs to mutually agree to an amended and restated Regional Sewerage Service Contract. IEUA asserted that should all parties not reach agreement,the IEUA Ordinance Nos. 111 and 112 would replace the Regional Sewer Service Contract.

On June 29,2023,the RCAs submitted a final version of a draft updated Regional Sewerage Service Contract to IEUA for review. This final version again stated that certain sections within the document would require continued

Page 86 of 223 ends

discussion to reach consensus among and between the RCAs and IEUA. IEUA reviewed the draft,and on August 9, 2023, submitted a revised contract to the RCAs for execution and adoption by their respective governing bodies no later than September 30,2023.

ISSUES AND ANALYSIS
Review of the final updated Regional Sewerage Service Contract from IEUA by staff and the City's legal counsel, confirms that the contract is largely representative of what the City needs to serve its businesses and residents effectively. As a result, staff's recommendation is that the City Council approve the Regional Sewerage Service Contract update with IEUA.

ENVIRONMENTAL DETERMINATION
Executing the revised final Regional Sewage Service Contract is exempt from the California Environmental Quality Act (CEQA) based on the City's record of proceedings showing that the revised final Regional Sewerage Service Contract continues ongoing sewage collection and treatment service to the City within existing parameters, using existing facilities and their ongoing operations to serve land uses within the City's existing boundaries under the City's adopted general plan, without any expansion or construction of new facilities, so that executing the revised final Regional Sewerage Service Contract is categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15300 through 15333,with particular reference to Section 15301,because it merely provides for continuing operation of existing facilities.

FISCAL IMPACTS
There are no identifiable fiscal impacts associated with approval of this contract. IEUA determines(through initiated cost-of-service studies)the pass-thru wastewater treatment rates and recycled water rates that the City would pay for services. This contract would not alter the existing rate development process or structure of required services.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations,Section 15300 through 15333.

Page 87 of 223 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND

APPROVING THE REGIONAL SEWAGE SERVICE CONTRACT WITH

INLAND EMPIRE UTILITIES AGENCY
WHEREAS, the City of Upland (City) is a sewage collection agency, and provides sewer service for residential, commercial, and other municipal and industrial (M&I) uses within the City's existing boundaries; and
WHEREAS, the City must outsource treatment and proper disposal of the sewage that is collected; and
WHEREAS, on January 2, 1973, the City along with six other sewage collection agencies, including the Cities of Chino, Chino Hills, Montclair, Ontario, Fontana, Upland, and the Cucamonga Valley Water District (collectively referred to as Regional Contracting Agencies) entered into the Regional Sewerage Service Contract with the Inland Empire Utilities Agency (IEUA) for the conveyance, treatment, and disposal of wastewater (Contract); and
WHEREAS, the Contract's 50-year term was to expire on January 2, 2023, and, in 2014, the Regional Contracting Agencies and IEUA commenced discussions to renegotiate the Contract; and
WHEREAS, in December 2022, the Regional Contracting Agencies sent a letter to IEUA exercising their right to extend the existing Contract and to continue receiving sewage treatment and disposal and recycled water service while continuing to renegotiate the Contract; and
WHEREAS, on December 21, 2022, IEUA's Board of Directors adopted Ordinance No. 111 (the Regional Sewerage System Ordinance) and No. 112 (Regional Recycled Water Service Ordinance) to establish by ordinance rules and regulations governing the operation of the Regional Sewerage System and the Regional Recycled Water Distribution System. IEUA also described April 2023 as a deadline for all Regional Contracting Agencies to agree to an updated Regional Sewage Contract. In the event no agreement could be reached, IEUA stated that its Ordinance Nos. 111 and 112 would replace the existing Contract and govern operation of the system and the relationship among and between the Regional Contracting Agencies and IEUA; and
WHEREAS, on June 29, 2023, the Regional Contracting Agencies submitted a final version of a draft updated Regional Sewage Service Contract to IEUA for review, and on August 9, 2023, IEUA submitted a revised final updated Regional Sewage Service Contract to the Regional Contracting Agencies for execution and adoption by their respective governing bodies by September 30, 2023; and
WHEREAS, the City needs to continue obtaining sewage treatment and disposal services from IEUA and seeks to protect its right to acquire Recycled Water from IEUA; and WHEREAS, it is preferable for the City to receive sewage collection and treatment services and to protect its right to Recycled Water from IEUA pursuant to the August 9, 2023, final updated Regional Sewage Service Contract rather than pursuant to IEUA Ordinances Nos. 111 and 112; and
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Page 88 of 223 ends

Resolution No.

Page 2 ends

Section 1. The facts set forth in the recitals above and in the documents referenced therein are true and correct, and the Council so finds and determines.

Section 2. Execution of the revised final Regional Sewage Service Contract will not create any effects specified in Title 14 of the California Code of Regulations, section 15300.2.

Section 3. Executing the revised final Regional Sewage Service Contract is exempt from the California Environmental Quality Act (CEQA) based on the City's record of proceedings showing that the revised final Regional Sewage Service Contract continues ongoing sewage collection and treatment service to the City within existing parameters, using existing facilities and their ongoing operations to serve land uses within the City's existing boundaries under the City's adopted general plan, without any expansion or construction of new facilities, so that executing the revised final Regional Sewage Service Contract is categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15300 through 15333, with particular reference to Section 15301, because it merely provides for continuing operation of existing facilities.

Section 4. The revised final Regional Sewage Service Contract is attached hereto as Exhibit A.

Section 5. The City shall prepare and file a Notice of Exemption with the San Bernardino County Clerk and the Office of Planning and Research (State Clearinghouse) as provided for in Title 14 of the California Code of Regulations, section 15062 in substantially the form attached hereto as Exhibit B.

Section 6. The City Manager is hereby authorized to execute and deliver the revised final Regional Sewage Service Contract in substantially the form attached hereto, with such additional non-substantive changes and/or modifications as are approved by the City Manager.

Section 7. The City's officers, staff and consultants are authorized and directed to take all additional actions they deem necessary or appropriate to carry out the intent of this Resolution.

Section 8. A certified copy of this Resolution shall be prepared and transmitted by the City Clerk to IEUA.

PASSED, APPROVED and ADOPTED this 25th day of September, 2023.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 25th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED
ATTEST:

Keri Johnson, City Clerk

Page 89 of 223 ends

Regional Sewage Service Contract
With Exhibits
Dated , 2023

Page 90 of 223 ends

Table of Contents
SECTION 1 - DEFINITIONS 2
SECTION 2 - RIGHTS AND OBLIGATIONS 8
SECTION 3 - COMMUNITY SEWER SYSTEMS 8
SECTION 4 -RESERVED 8
SECTION 5 -REQUESTS FOR REGIONAL INTERCEPTORS AND WASTEWATER TREATMENT PLANTS 8
SECTION 6 -REGIONAL SEWERAGE SYSTEM; PROHIBITED DISCHARGES 10 SECTION 7 -REGIONAL PRETREATMENT PROGRAM 12
SECTION 8 -RESERVED 12
SECTION 9 - CAPITAL FINANCING OF REGIONAL SEWERAGE SYSTEM 12 SECTION 10 -FORECASTING AND PLANNING 18
SECTION 11 -AVAILABILITY OF REGIONAL SYSTEM; IEUA's PEFORMANCE 21 SECTION 12 - EXTRA-TERRITORIAL SEWER SERVICE 22 SECTION 13 -DELIVERY POINTS: CONNECTION COSTS 23
SECTION 14 -DETERMINATION OF SEWAGE DELIVERIES: COSTS OF MEASURING EQUIPMENT 24
SECTION 15 - CONTROL, PRODUCTION, AND DISPOSITION OF RECYCLED WATER 25
SECTION 16 - RESERVED 28
SECTION 17 - SERVICE CHARGES FOR MAINTENANCE AND OPERATION OF THE REGIONAL SEWERAGE SYSTEM 28
SECTION 18 -RESERVED 30
SECTION 19 -REGIONAL SEWERAGE SYSTEM BUDGETS 30 SECTION 20 -BILLING AND PAYMENT OF SERVICE CHARGES 32 i

Page 91 of 223 ends

Table of Contents
(continued)
SECTION 21 -RESERVED 34
SECTION 22 -RESERVED 34
SECTION 23 - GRANTS AND FINANCIAL ASSISTANCE 34 SECTION 24 -REGIONAL POLICY COMMITTEE 35
SECTION 25 -REGIONAL TECHNICAL COMMITTEE 36
SECTION 26 -DISPUTE RESOLUTION 37
SECTION 27 - EFFECTIVE DATE OF CONTRACT 38
SECTION 28 - TERM OF CONTRACT 38
SECTION 29 -RENEWAL 39
SECTION 30 -AUTHORIZATION AND EXECUTION OF SEWAGE SERVICE CONTRACT 40
SECTION 31 -NOTICE 41
SECTION 32 -PARTIAL INVALIDITY 42
SECTION 33 - INCORPORATION OF RECITALS 42
SECTION 34 - COUNTERPARTS 42

Page 92 of 223 ends

RECITALS
A. WHEREAS, the parties previously entered into that certain Chino Basin Regional Sewage Contract, dated as of January 2, 1973, and amended April 12, 1984 and October 19, 1994; and B. WHEREAS, said contract provided an effective term of 50 years and lapsed on January, 2, 2023; and
C. WHEREAS, the parties wish to enter into a new Regional Sewage Service Contract effective immediately; and
NOW THEREFORE, the parties agree as follows:

Page 1 of 45 ends

Page 93 of 223 ends

SECTION 1 - DEFINITIONS
Unless otherwise required by the context, various terms used in this Contract, including the recitals, shall have the meanings set forth in this section. The singular number includes the plural and the plural the singular.
"Acquire" or "Acquisition" means to acquire or make the acquisition of one or more of the following:

A. Fee simple title to land.

B. Any interest in land by deed, easement, lease, sublease, contract or otherwise.

C. Title to or any interest in any existing facilities located upon land.

D. Interests or capacity rights in any land or facilities owned by others. "Capacity Demand" means the volume and strength (i.e., biochemical oxygen demand and suspended solids) of sewage discharged from the Community Sewer System of a Contracting Agency into the Regional Sewerage System.
"Capital Capacity Reimbursement Account" means the accounts established and maintained by the Contracting Agencies and to which are deposited or credited Capital Capacity Reimbursement Payments.
"Capital Capacity Reimbursement Payment" means a deposit or credit made to the Capital Capacity Reimbursement Account of a Contracting Agency for new connections to its Community Sewer System.
"Chino Basin" means that area underlain by the Chino and Cucamonga groundwater basins and that portion of the Claremont Heights groundwater basin within San Bernardino County which groundwater basins are described in Bulletin No. 53 of the California Division of Water Resources, dated March, 1947, and entitled "South Coastal Basin Investigation - Overdraft on Groundwater Basins."

Page 2 of 45 ends

Page 94 of 223 ends

"Commercial Unit" means a building, establishment or premises where businesses selling goods or providing professional or other services to the public or governmental offices are or will be located.
"Community Sewer System" means all facilities owned, controlled or operated by a Sewage Collection Agency for the purpose of collecting and conducting sewage to a Delivery Point, including collector sewers conducting sewage from the originating premises, trunk sewers conducting sewage from tributary collector sewers or other trunk sewers and any facilities appurtenant to the foregoing.
"Contracting Agency" means any Sewage Collection Agency located, in whole or in part, within the boundaries of IEUA which has entered into this Regional Sewage Service Contract with IEUA. "Demand Deficit" means the difference between the aggregate total Forecasted Demand of a Contracting Agency and the total aggregate Equivalent Dwelling Units connected to its Community Sewer System during an eight-year period commencing with the fifth fiscal year preceding the fiscal year for which IEUA is at the time of the determination of such difference preparing a Ten-Year Sewer Capital Forecast, and including the initial three fiscal years of such Ten-Year Sewer Capital Forecast.
"Delivery Point"means the transfer point at which Sewage is delivered from a Community Sewer System into the Regional Sewerage System.
"Dispose" or "Disposal" means any process or method for the elimination or beneficial use of Sewage and any Effluent or solid waste residuals thereof, including exportation from the Chino Basin.
"Effluent"means the liquid outflow at the discharge point of any Regional Treatment Plant. "Equivalent Dwelling Unit" or "EDU" means a measure of sewage flow equivalent in quantity and strength to the daily flow of an average single-family household determined by resolution of the Board of Directors of IEUA and referred to as Exhibit"J"hereto.

Page 3 of 45 ends

Page 95 of 223 ends

"Expansion" means the acquisition or construction of new facilities for the Regional Sewerage System and the making of any replacements, betterments, additions or extensions of the Regional Sewerage System.
"Facilities"means any pipelines,buildings, structures, works, improvements, fixtures,machinery, equipment, or appliances and any real property, or interests therein, necessary or convenient for the construction, maintenance and operation of any of the Regional Sewerage System. "Fiscal Year"means a 12-month period commencing on July 1 and ending on the following June

30. "Forecasted Demand" means the yearly forecasted or estimated volume and strength of sewage discharged from the Community Sewer System of a Contracting Agency into the Regional Sewerage System as set forth in a Ten-Year Sewer Capital Forecast. "IEUA"means the Inland Empire Utilities Agency, a municipal water district. "Industrial Unit" means a building, establishment, or premises where manufacturing, fabrication or assembly operations or industrial or chemical processes are conducted. "Industrial Waste" means any wastewater and any water borne solid, liquid, or gaseous wastes resulting from any producing,manufacturing, or processing operations of whatever nature as more particularly defined, from time to time,by any federal, state, or regional agency authorized by law to prescribe quality standards for the discharge of sewage effluent and industrial waste effluent within the Chino Basin.
"Non-Domestic Waste"means waste or wastewater discharged into the Community Sewer System of a Contracting Agency which has a greater concentration of total dissolved solids or biochemical oxygen demand or any other constituents limited by IEUA than the waste or wastewater discharged from the typical single family domestic household in the Contracting Agency's Service Area.

Page 4 of 45 ends

Page 96 of 223 ends

"Orange County Judgment" means the judgment entered in the action entitled Orange County Water District v. City of Chino, et al. (Case No. 117628, Superior Court, County of Orange). "Recycled Water" means as defined in Title 22, Division 4, Chapter 3, Water Recycling Criteria, Section 60301.050 et seq., of the California Code of Regulations; water which is available as a result of the treatment of wastewater. Also as described in subdivision(n) of Section 13050 of the Water Code of the State of California, treated wastewater that is suitable for direct beneficial use or a controlled use that would not otherwise occur.
"Regional Interceptor" includes, but is not limited to, pipelines, facilities and appurtenances which receive sewage from the most downstream trunk or collector sewer of a Community Sewer System, or a portion thereof, for the purpose of transmitting the sewage to a Regional Treatment Plant or to any other point of disposal, and any facilities appurtenant thereto, or any sewer which is utilized for the transmission of the sewage of two or more Contracting Agencies to such a plant or point of disposal.
"Regional Policy Committee" means the committee provided for in Section 24 hereof "Regional Sewerage System"means all facilities owned, controlled, or operated by IEUA and any interest or capacity rights of IEUA in facilities owned, controlled, or operated by others, for the purpose of transmitting,treating and/or disposing of Sewage,including interceptor sewers, sewage treatment and disposal plants, facilities for the Disposal of Effluent and solid waste residuals and any facilities appurtenant to the foregoing. The Regional Sewerage System does not include the Recycled Water system which is owned, operated, managed, and maintained by IEUA. The Regional Sewerage System shall include all other disposal facilities which are required to meet the requirements of the National Pollutant Discharge Elimination System Permit or permits or Waste Discharge Requirements issued to IEUA by the Regional Water Quality Control Board, Santa Ana Region, for the operation of the Regional Treatment Plants. "Regional Technical Committee"means the committee provided for in Section 25 hereof.

Page 5 of 45 ends

Page 97 of 223 ends

"Regional Treatment Plant"means a sewage and wastewater treatment plant operated by IEUA as part of the Regional Sewerage System.
"Regional Wastewater Capital Improvement Fund" means the fund of IEUA into which is deposited all Supplemental Capital Outlay Funds received by IEUA from the Contracting Agencies for the acquisition, construction, improvement, and expansion of the Regional Sewerage System.
"Residential Unit" means a single-family residence, a condominium unit, an apartment unit or other such structure or portion thereof which is equipped and suitable for human habitation or a mobile home space in a mobile home park, not including, however, transient lodging rooms in motels or hotels which are considered to be commercial units. "Santa Ana River (SAR) Base Flow Obligation" means the obligation established under the Orange County Judgment and defined under the Prado Settlement, Stipulations and Orders of Dismissal re Certain Defendants and Cross-Defendants (filed April 17, 1969), and the October 2, 1968, CBMWD — WMWD Agreement re Satisfaction of Joint Obligation Prado Settlement ("Allocation Agreement"), the October 28, 1968 Agreement between Chino Basin Municipal Water District and City of Pomona re the Prado Settlement,and the December 18, 1968 Agreement Between Western Municipal Water District of Riverside County and City of Corona in Regard to Prado Settlement (collectively "Settlement Agreement"), which obligation defines the shared responsibility for a Base Flow obligation at Prado Dam between IEUA and Western Municipal Water District. IEUA implements the Chino Basin portion of the Settlement Agreement which is commonly referred to as the Santa Ana River("SAR") Base Flow obligation at Prado. "Service Area" means all territory now or hereafter served by the Community Sewer System owned, controlled or operated by any Contracting Agency. The IEUA service area includes the Cities of Chino, Chino Hills, Fontana, Montclair, Ontario, Upland, and the Cucamonga Valley Water District.
"Service Contract" means this Chino Basin Regional Sewage Service Contract and any substantially similar contract between IEUA and a Contracting Agency providing for the

Page 6 of 45 ends

Page 98 of 223 ends

Transmission, Treatment and Disposal of sewage from the Contracting Agencies by means of the Regional Sewerage System.
"Sewage" means any liquid waste and water borne solid waste resulting from residential, commercial, industrial, or institutional activities or uses. "Sewage Collection Agency" means any county, city or special district, other than IEUA, which is located in whole or in part within the IEUA Service Area and which is authorized to own,control and operate a Community Sewer System.
"Sewer"means any pipeline conducting sewage, either by gravity or by pressure, and any facilities appurtenant thereto.
"Sewer User Charge"means any charge, fee, rental, or rate, excluding property taxes and Capital Capacity Reimbursement Payments, which is imposed on and collected from the owner, lessee, or occupant of property for providing services and facilities of any Community Sewer System or the Regional Sewerage System, or both.
"Supplemental Capital Outlay Funds" means contributions by a Contracting Agency from its Capital Capacity Reimbursement Account reserves to IEUA to supplement the funding of the planning, design and construction of Regional Sewerage System capital improvement projects. "Transmit" or "Transmission" means the conducting (i) of Sewage from any Delivery Point to a Regional Treatment Plant or other point of Disposal or(ii) of Effluent from a Regional Treatment Plant to a point of Disposal;
"Treat" or "Treating" or "Treatment" means any process or method for altering the quality of Sewage and/or Effluent to meet applicable regulatory standards for Disposal or beneficial reuse. "Wastewater Treatment Plant" or "WWTP" means a sewage and wastewater treatment plant constructed by a Contracting Agency and is not a part of the Regional Sewerage System.

Page 7 of 45 ends

Page 99 of 223 ends

SECTION 2 - RIGHTS AND OBLIGATIONS
The Contracting Agencies shall have the right to deliver all Sewage collected by its Community Sewer Systems to the Regional Sewerage System and IEUA shall have the obligation to receive into the Regional Sewerage System all Sewage so delivered by the Contracting Agency subject to the provisions of this contract.

SECTION 3 - COMMUNITY SEWER SYSTEMS
Each Contracting Agency shall be responsible for all costs and expenses of the acquisition, construction, operation, and maintenance of its Community Sewer System.

A. Inspection of Facilities
Any authorized officer or employee of IEUA may enter and inspect any part of the Community Sewer System of any Contracting Agency during normal working hours on regular business days and upon the giving of not less than 24 hours prior notice of the inspection, except during emergencies.

SECTION 4 - RESERVED
SECTION 5 - REQUESTS FOR REGIONAL INTERCEPTORS AND

WASTEWATER TREATMENT PLANTS
Regional Interceptors are a part of the Regional Sewerage System and their design and construction or acquisition shall be financed as provided in Section 9 hereof. Separate from the Regional Sewerage System, a Contracting Agency may construct, own and operate a wastewater treatment plant ("WWTP") or permit another person, firm or corporation to construct a WWTP which will be controlled and operated by the Contracting Agency when to do so is not detrimental to the operation of the Regional Sewerage System. The IEUA Board shall consider requests for Regional Interceptors and Contracting Agency construction of WWTPs pursuant to the following procedures:

Page 8 of 45 ends

Page 100 of 223 ends

A. Request To IEUA—Regional Interceptor and Contracting Agency Construction of WWTP.

1. Any Contracting Agency may make a written request to IEUA for a determination as to the location of a new Regional Interceptor, an acquisition of an existing Regional Interceptor, or the construction of a WWTP.

2. Notification. IEUA shall provide the Regional Technical Committee notice of written request from the Contracting Agency within 45 days of its receipt.

3. Determination by IEUA. IEUA shall review and determine whether the action proposed in the request will be detrimental to the operation of the Regional Sewerage System and present an informational item with a recommendation to the Regional Technical Committee for the request.

4. Recommendation By Regional Technical Committee. The Regional Technical Committee shall review the request and determination by IEUA and shall provide a recommendation to the Regional Policy Committee as an informational item.

5. Review and Recommendation By Regional Policy Committee. The Regional Policy Committee shall review the recommendation from the Regional Technical Committee and issue its own recommendation to IEUA regarding the request.

B. Determination by the IEUA Board.

The IEUA Board shall review and consider the Regional Policy Committee's recommendation for the request, and shall issue its final determination. The failure of the Regional Technical Committee or the Regional Policy Committee to take action on the request shall not preclude IEUA from taking action on the request.

C. Request For Hearing.

Any Contracting Agency, that disagrees with the determination may file a written request for a hearing before the IEUA Board.

Page 9 of 45 ends

Page 101 of 223 ends

D. Cost/Expense of Contracting Agency WWTP.

A Contracting Agency which constructs a WWTP shall be solely responsible for the cost and expense of the construction and maintenance and operation of said plant. Any such WWTP which is constructed and owned by a Contracting Agency shall not be operated by IEUA as a part of the Regional Sewerage System without the written consent of all other Contracting Agencies and IEUA.

E. Operation And Maintenance of Contracting Agency WWTP.

A Contracting Agency which constructs a WWTP may enter into a contract with IEUA for the maintenance and operation of the plant subject to the terms and conditions agreed to by the parties. In the event a Contracting Agency and IEUA enter into such a contract, the budgeting and funding for the maintenance and operation of the plant shall be accounted for separately by IEUA in order to prevent any adverse impact on the Regional Sewerage System or any impact on the rates and charges imposed by IEUA under this Service Contract.

SECTION 6 - REGIONAL SEWERAGE SYSTEM; PROHIBITED DISCHARGES IEUA shall own and operate a Regional Sewerage System for the Transmission, Treatment and Disposal of Sewage delivered by any Contracting Agency. The Regional Sewerage System, including any interests or capacity rights of IEUA in facilities owned, controlled or operated by others, shall be as shown or described in the IEUA Wastewater Facilities Master Plan, as amended from time to time, and is intended to accept domestic waste.

Use of the Regional Sewerage System by industrial users discharging process wastewater shall be governed by Ordinance No. 109, or any successors thereof.

Except as may be specifically provided on a temporary basis, no Contracting Agency shall discharge or cause to be discharged in the Regional Sewerage System any waste which exceeds or results in the inability of the wastewater treatment plant effluent to meet the wastewater discharge

Page 10 of 45 ends

Page 102 of 223 ends

requirements presently established by any State or Federal regulatory agency, or which may be adopted in the future.

A Contracting Agency shall not discharge wastewater, in quantities or concentrations, alone or in conjunction with a discharge or discharges from other sources that cause the pH of the wastewater entering the headworks of any Regional Treatment Plant to decrease below 6.0 Standard Units at any time.

A Contracting Agency shall not discharge wastewater, in quantities or concentrations, alone or in conjunction with a discharge or discharges cause an increase in temperature of a Regional Treatment Plant's influent to be above 90 degrees Fahrenheit, which normally occurs during the period of June through October, nor above 78 degrees Fahrenheit during the remainder of the year.

IEUA shall pay all costs and expenses incurred in the acquisition, construction, maintenance, and operation of the Regional Sewerage System. Each Contracting Agency shall, as provided in Section 17 hereof, pay to IEUA service charges representing a pro rata share of all net audited costs incurred by IEUA in the maintenance and operation of the Regional Sewerage System, and each Contracting Agency shall contribute Supplemental Capital Outlay Funds to IEUA for the improvement and expansion of the Regional Sewerage System as provided in Section 9 hereof.

Expansion of the Regional Sewerage System is done to accommodate growth and development within the respective Contracting Agency's service area and is based largely on growth projections and requests for expansion from the Contracting Agencies. Accordingly, voluntary withdrawal of wastewater flows by one or more Contracting Agencies could be detrimental to the Regional Sewerage System by creating stranded assets and resulting in increased costs to the remaining Contracting Agencies. Nevertheless, should a voluntary withdrawal of flows from the Regional Sewerage System occur, the impact of the withdrawal will be calculated by IEUA and an impact fee will be assessed against the withdrawing Contracting Agency.

Page 11 of 45 ends

Page 103 of 223 ends

SECTION 7 - REGIONAL PRETREATMENT PROGRAM
IEUA owns and operates the Regional Sewerage System facilities that are regulated by National Pollutant Discharge Elimination System (NPDES) permits issued by the Regional Water Quality Control Board, and which are subject to numerical discharge limitations and requirements. Those permit regulations and discharge limitations require the control and restrictions to the discharge of industrial wastewater on Significant Industrial Users (SIUs). Furthermore, the permit regulations require IEUA to implement pretreatment regulations in all jurisdictions tributary to IEUA's service area. The regional pretreatment program requirements between IEUA and the Contracting Agencies shall be established by resolution of the Board of Directors of IEUA and in Ordinance No. 109 and any successors thereof.

SECTION 8 - RESERVED
SECTION 9 - CAPITAL FINANCING OF REGIONAL SEWERAGE SYSTEM A. General
The Regional Sewerage System and any improvement or expansion of that system will provide benefits to the entire territory served by that system in that the entire territory will be benefited by the protection of public health, the protection of the quality of water sources, the improvement of water management through integrated use of all sources of water supply, including sewage treatment plant effluent, the improvement of general conditions for individual, residential, commercial and agricultural development and the reduction in costs for the Transmission, Treatment, and Disposal of Sewage by the pro rata sharing of all costs incurred by IEUA in the maintenance and operation of the Regional Sewerage System.

The acquisition,construction,improvement,and expansion of the Regional Sewerage System shall be financed with real property tax revenues, revenues from capital capacity fees, sewage service charges levied by the Board of Directors of IEUA,grants and other financial assistance which may be available from any federal, state, local or other source, Supplemental Capital Outlay Funds contributed by the Contracting Agencies.

Page 12 of 45 ends

Page 104 of 223 ends

B. Taxes, Sewage Service Standby or Availability Charges The Board of Directors of IEUA may fix, levy, and collect sewage service standby or availability charges for the purpose of financing the acquisition, improvement, and expansion of the Regional Sewerage System. The IEUA Board of Directors will adopt a property tax allocation plan, which will remain in effect until amended in IEUA's discretion. The IEUA Board of Directors may elect to add, consolidate, or rename funds as necessary to best manage the IEUA funds.

At the time of review of fund budgets, IEUA shall develop a plan that includes the basis for the tax allocation. IEUA shall inform the Regional Technical Committee and Regional Policy Committee of any proposed allocations of the property tax revenues intended for the Regional Wastewater Capital Improvement Fund and will consider input and recommendations from the committees prior to making a final determination.

C. Capital Capacity Reimbursement Account and Capital Capacity Reimbursement Payments

1. General
As a condition to sewage treatment service and for the purpose of providing Supplemental Capital Outlay Funds to IEUA, each Contracting Agency shall establish and maintain a Capital Capacity Reimbursement Account to which the Contracting Agency shall deposit or credit its Capital Capacity Reimbursement Payments. The amounts so deposited or credited by a Contracting Agency to its said account shall be used by the Contracting Agency only for the purpose of providing Supplemental Capital Outlay Funds to IEUA; provided that interest earned on such amounts shall not be so restricted and may be used by the Contracting Agency for any lawful purpose. The source of Capital Capacity Reimbursement Payments shall be at the discretion of each Contracting Agency.

2. Capital Capacity Reimbursement Payments
Each Contracting Agency shall have deposited or credited to its Capital Capacity Reimbursement Account a Capital Capacity Reimbursement Payment for each connection which has been or will

Page 13 of 45 ends

Page 105 of 223 ends

be made to its Community Sewer System or for each change in use of an existing commercial or industrial connection in an amount determined as follows:
a. The amount of the Capital Capacity Reimbursement Payment for each new connection to a Contracting Agency's Community Sewer System and for each change in use of any existing Commercial Unit or Industrial Unit which results in an increase in volume or strength of Sewage therefrom shall be determined by computing the number of Equivalent Dwelling Units therefor as provided in that document approved by Resolution of the Board of Directors and identified as"Exhibit J" and made a part hereof and applying the then current Capital Capacity Reimbursement Payment amount as established by the IEUA Board to each such EDU.
b. Notwithstanding the preceding provisions, the amount which a Contracting Agency is required to have deposited in or credited to its Capital Capacity Reimbursement account for any such new connection or change of use shall be reduced by payments, if any,made by the Contracting Agency to IEUA for the new connection or change of use to support Supplemental Capital Outlay Payments, made at IEUA's request.
c. A Capital Capacity Reimbursement Payment shall be deposited or credited to a Contracting Agency's Capital Capacity Reimbursement Account for such a new connection or change of use at the time of the issuance of a building permit or a sewer connection permit, or for changes in the use of existing Commercial Units and Industrial Units,or the permits required therefor. Upon request by a Contracting Agency, IEUA will review, with support and consultation as needed from the Building Activity Report (BAR) Subcommittee, fee calculations and collections by any Contracting Agency for any errors,within 30 days from the receipt of the monthly building activity report, as further described herein, unless a more expedited review is requested by Contracting Agency. In the event a Contracting Agency fails to deposit Capital Capacity Reimbursement Payments into the Contracting

Page 14 of 45 ends

Page 106 of 223 ends

Agency's Capital Capacity Reimbursement Account by the applicable deadlines, the Contracting Agency shall be required to make late payments in amounts which correspond to the adopted EDU rate in place at the time that said payments first became due and owing.

3. Capital Capacity Reimbursement Reports
a. Each Contracting Agency shall report monthly to IEUA, at such time as IEUA shall designate, the balance of the funds in its Capital Capacity Reimbursement Account as of the last day of the preceding month. Such monthly reports shall be in writing and shall include the calculation sheets and also contain the number of building permits and sewer permits which were issued in the Contracting Agency's Service Area during the preceding month and estimated volume of Sewage flows for all residential, commercial, and industrial connections within the Contracting Agency's Service Area for the current month and the cumulative total thereof. Commercial and industrial sewer connection permits shall be listed by individual permit with the number of fixture units and expected volume and strength of sewage for each permit.

IEUA shall have 30 days from receipt of said reports to contact the applicable Contracting Agency with any questions or requests for clarification regarding the connection fee calculations reflected in said report. b. IEUA shall maintain a summary accounting of the Capital Capacity Reimbursement Account reserves of all Contracting Agencies and shall make written semiannual reports to the Contracting Agencies on or before 1) July 15 (with actuals up to March 31) and January 15, (with actuals up to September 30) of each fiscal year. The reports shall include: (i) the amounts of the Capital Capacity Reimbursement Account reserves of all Contracting Agencies as of the last day of March and September respectively, (ii) the amount of the Regional Wastewater Capital Improvement Fund reserves as of the last day of March and September respectively, (iii) a summary of all expenditures from said fund incurred up to March and September respectively

Page 15 of 45 ends

Page 107 of 223 ends

for each Regional Sewerage System capital improvement project then in progress, (iv) an estimate of the amounts to be expended from said fund for each such project during the quarter then commencing or in progress (the "current quarter"), (v) the estimated amount of Supplemental Capital Outlay Funds, if any, which will be necessary for the Contracting Agencies to contribute to IEUA during the current quarter in order to provide a working capital balance in said fund which shall not exceed$5,000,000 on the last day of the quarter next succeeding the current quarter, and(vi) the amount, if any, of the contribution of Supplemental Capital Outlay Funds for each Contracting Agency for the current quarter, determined as provided in subparts E and F of this Section.

D. Determination of Demand Deficits
At the time of the preparation of each Ten-Year Sewer Capital Forecast, pursuant to Section 10 hereof, IEUA shall determine each Contracting Agency's Demand Deficit, if any. The determination of Demand Deficits pursuant to this subpart is for the sole purpose of allocating shortages in Supplemental Capital Outlay Fund payments as provided in subpart F of this Section.

Except as provided in said subpart F, such determinations shall not result in the creation of an obligation or indebtedness on the part of any Contracting Agency to IEUA or other Contracting Agencies.

E. Supplemental Capital Outlay Fund Payments
On July 15, and January 15, of any fiscal year IEUA may require payment by each Contracting Agency from its Capital Capacity Reimbursement Account of Supplemental Capital Outlay Funds for the planning, design and construction of Regional Sewerage System capital improvement projects in the amount, if any, set forth for the Contracting Agency in the semiannual report due from IEUA on such date. Upon receiving such a demand from IEUA, each Contracting Agency shall pay the amount demanded to IEUA within 45 days of receipt of such demand. The amount of each Contracting Agency's proportionate share of the total amount of Supplemental Capital Outlay Funds demanded by IEUA from all Contracting Agencies shall be determined based on the

Page 16 of 45 ends

Page 108 of 223 ends

percentage which the amount of Supplemental Capital Outlay Funds demanded by IEUA from all Contracting Agencies is to the total amount of the current Capital Capacity Reimbursement Account reserves of all Contracting Agencies set forth in the semiannual report upon which the demand is based. The amount demanded by IEUA from each Contracting Agency on any such date shall be an amount determined by applying the percentage thus obtained to the balance of the reserves, not including interest, in the Contracting Agency's Capital Capacity Reimbursement Account set forth in the semiannual report upon which the demand is based. All amounts received by IEUA from the Contracting Agencies as Supplemental Capital Outlay Funds shall be deposited in or credited to the Regional Wastewater Capital Improvement Fund. All such amounts together with all interest earned thereon shall be available and utilized by IEUA solely for the purpose of financing the acquisition, improvement and expansion of the Regional Sewerage System.

F. Allocation of Supplemental Capital Outlay Fund Shortages If at the time of any demand by for Supplemental Capital Outlay Funds, pursuant to subpart E of this Section, there are not sufficient funds deposited or credited to the Capital Capacity Reimbursement Accounts of all Contracting Agencies to pay the full amount of the demand, each Contracting Agency which has a Demand Deficit shall pay the full balance then deposited or credited to its Capital Capacity Reimbursement Account plus an amount determined based on the percentage which the amount of its Demand Deficit is of the total Demand Deficit for all Contracting Agencies. The amount to be paid by each such Contracting Agency shall be determined by multiplying the difference between,the Supplemental Capital Outlay Fund demand and the total amount of the Capital Capacity Reimbursement Account balances of all Contracting Agencies by the percentage thus determined.

G. Audit Process
The audit process for collection of connection fees by Contracting Agencies is intended to verify accuracy and uniformity in practices regionwide and to improve future performance. The audit and BAR review processes may result in IEUA and the Contracting Agencies working collaboratively to reconcile any discrepancies in connection fees from the Residential, or

Page 17 of 45 ends

Page 109 of 223 ends

Commercial or Industrial Unit. Contracting Agencies may be audited by IEUA on an annual basis, as well as periodically through the Building Activity Reports Subcommittee as described below.

H. Building Activity Reports and Building Activity Reports Subcommittee There shall be created a Building Activity Reports ("BAR") Subcommittee comprised of a staff/employee representative from IEUA and also from of each Contracting Agency who elects to participate. The Contracting Agency representative may be changed by the applicable Contracting Agency at any time. IEUA will convene the BAR Subcommittee quarterly to complete a more extensive review of a percentage of applications for which connection fees have been calculated and collected. The percentage of applications to be reviewed will be determined by the BAR Subcommittee. The review by the BAR Subcommittee may include such reviews as, but not limited to, an in-depth look at the collection fee calculation methodology, approach for calculating connection fees for similar facilities (e.g. - facilities that have an embedded restaurant and other services), monthly sewer fee collections, for region wide consistency.

SECTION 10 - FORECASTING AND PLANNING
A. Contracting Agency Reports

1. Monthly Reports
On such date as IEUA may designate, each Contracting Agency shall submit to IEUA monthly reports of sewered building activity. Each such report shall contain the following information in a format which will allow tracking through the development process:
a. The number of building permits issued during the month for structures which will contribute sewage to the Regional Sewerage System; b. Estimate volume of sewage and EDUs for such building permits; c. The tract number and number of lots for each tentative tract map approved during the month;
d. The tract number and number of lots or dwelling units for each final tract map

Page 18 of 45 ends

Page 110 of 223 ends

recorded during the month;
e. The number of final inspections or certificates of occupancy issued during the month for structures which will contribute sewage to the Regional Sewerage System;
f. The estimate volume of sewage and EDUs for all such structures.

B. IEUA Reports

1. Annual Forecast
IEUA shall work collaboratively with the individual Contracting Agencies to ensure they are using the most recent planning and other documents and incorporating agency knowledge about their service area into the Annual Forecast. On a biennial basis, prior to the first regularly scheduled Regional Technical Committee meeting of that calendar year, IEUA shall provide to the Regional Technical Committee and the Regional Policy Committee the Regional Annual Forecast from the Regional Wastewater Demand Forecast Model or other mutually agreed upon forecasting methodology.

2. Ten-Year Sewer Capital Forecast
On a biennial basis,by no later than the end of June,IEUA shall prepare and deliver to the Regional Technical Committee and the Regional Policy Committee a Ten-Year Sewer Capital Forecast which includes dates of commencement and completion of capital improvement projects necessary to enable the Regional Sewerage System to meet the forecasted Capacity Demands of all Contracting Agencies. Such forecasts, hereinafter referred to as the "Ten-Year Sewer Capital Forecast," shall include:
a. Projected dates for the commencement and completion of design and construction of capital improvement projects necessary to meet forecasted Capacity Demands;
b. Estimates for each Regional Treatment Plant of the Capacity Demand of each Contracting Agency which received sewerage service the previous Fiscal

Page 19 of 45 ends

Page 111 of 223 ends

Year;
c. An estimate of the amount of available treatment capacity at the IEUA Regional Treatment Plants;
d. An estimate of the amount of treatment capacity to be added, if any; e. Projected annual expenditures for the design and construction of such projects;
f. The Demand Deficit, if any, of each Contracting Agency; C. Review by Regional Committees

1. Annual Forecast
To ensure accurate forecasting, upon receipt of the Regional Annual Forecast, the Regional Committees shall review the proposed Capacity Demands and provide input to IEUA within 30 days regarding anticipated development.

2. Ten-Year Sewer Capital Forecast
Upon receipt of the Ten-Year Sewer Capital Forecast, the Regional Committees will have 30 days to review and provide input and the Forecast will be placed on the agenda of both committees to provide recommendations to IEUA. Prior to adoption, IEUA shall consider the recommendations of the Regional Policy Committee.

D. Reclaimable Industrial Waste
Proposed new industrial connections to Community Sewer Systems which are expected to discharge more than 25,000 gallons per day of reclaimable industrial waste shall be approved based on the conditions set forth in the Ordinance No. 109 and any successors thereof. The determination of permit requirements and discharge limitations of the reclaimable industrial waste to be discharged into the Regional Sewerage System through an appropriate connection point in a Contracting Agency's Community Sewer System shall be made by IEUA through the regional pretreatment program, resolution of the Board of Directors of IEUA, and Ordinance No. 109 and

Page 20 of 45 ends

Page 112 of 223 ends

any successors thereof.

E. Major Construction Contracts
IEUA shall not proceed with the award of a construction contract for a budgeted Regional Sewerage System capital improvement project previously approved through the Ten-Year Sewer Capital Forecast, which will involve an expenditure in excess of $10,000,000 (adjusted every 5 years or as needed based on the Consumer Price Index beginning in the year 2025), without informing and considering recommendations from the Regional Policy Committee unless IEUA determines the project is necessary for the safe and efficient operation of the Regional Sewerage System. The latest Ten-Year Sewer Capital Forecast and any requested project details including funding information shall be made available to assist in the Regional Policy Committee's review.

SECTION 11 - AVAILABILITY OF REGIONAL SYSTEM; IEUA's

PEFORMANCE
A. Contracting Agencies
The services and facilities of the Regional Sewerage System shall be available to any property within the IEUA Service Area, subject to such terms and conditions as may be prescribed by a Contracting Agency for connection to its Community Sewer System.

B. Other Sewage Collection Agencies
IEUA shall not make the services and facilities of the Regional Sewerage System available, other than on a temporary,emergency basis,to any sewage collection agency which is not a party to a Service Contract until such agency has entered into a Service Contract per Section 30. Prior to entering into any such Service Contract, IEUA shall present the proposed terms thereof to the Regional Technical Committee and Regional Policy Committee for review and comment. Any Contracting Agency may challenge services offered under this part B by invoking the procedures set forth in Section 26 of this Service Contract.

Page 21 of 45 ends

Page 113 of 223 ends

C. IEUA's Performance
IEUA shall exercise its best effort to implement capital improvement projects necessary to enable the Regional Sewerage System to meet the Forecasted Demands of all Contracting Agencies are planned, designed and constructed in a timely manner and so that the Regional Sewerage System will at all times be able to provide for the Capacity Demands of all Contracting Agencies. The Contracting Agencies recognize that the timing of the planning, design and construction of such capital improvement projects is largely dependent upon the Contracting Agencies making reasonable accurate projections of increased connections to and usage of their Community Sewer Systems.

SECTION 12 - EXTRA-TERRITORIAL SEWER SERVICE

12.1 SERVICE OUTSIDE THE BOUNDARIES OF IEUA SERVICE AREA A. Upon the Effective Date of this Contract
Any Contracting Agency which, upon the effective date of this contract was furnishing sewer service to any territory outside the boundaries of the IEUA Service Area, may continue to furnish such service and shall be entitled to the services and facilities of the Regional Sewerage System for that purpose. Each Contracting Agency providing sewer service to any such outside territory shall file a map or maps with the secretary of IEUA showing the boundaries of all such territory.

B. After the Effective Date of this Contract
Any Contracting Agency, after the effective date of this contract, may furnish sewer service to additional territory outside the boundaries of the IEUA Service Area. Prior to furnishing such sewer service, the Contracting Agency shall file a written request with IEUA. IEUA may consider the question of authorizing sewer service to the additional territory, subject to the authorization of the Local Agency Formation Commission for San Bernardino County, and the IEUA Board of Directors shall by resolution authorize sewer service to all or any part of the additional territory by the applicant or applicants unless it determines that such service is not in the public interest.

Page 22 of 45 ends

Page 114 of 223 ends

C. Annual Capital Outlay Charge for Territory Outside IEUA and the Service Area In addition to the payment of service charges, each Contracting Agency providing the services and facilities of the Regional Sewerage System to territory outside the IEUA Service Area shall be obligated to pay IEUA special capital outlay charges for such territory, as provided in subpart C or D of this Section or both such subparts, if both are applicable. Monies received by IEUA in payment of special capital outlay charges shall be deposited or credited to the Regional Wastewater Capital Improvement Fund and utilized, together with all interest earned thereon, solely for the purpose of financing the acquisition, improvement, and expansion of the Regional Sewerage System.

D. Annual Capital Outlay Charge
The Contracting Agency shall annually pay IEUA a special capital outlay charge in an amount equivalent to the amount of the property tax and other revenue which IEUA would have received during the fiscal year if such property were within the IEUA Service Area. Such charge shall be payable by the Contracting Agency during each fiscal year in the amounts and at the times specified by IEUA.

SECTION 13 - DELIVERY POINTS: CONNECTION COSTS
Each Contracting Agency shall deliver sewage from its Community Sewer System into the Regional Sewerage System at such Delivery Points as may, from time to time,be requested by the Contracting Agency and approved by IEUA. The Delivery Point request may be made by the Contracting Agency or on behalf of a third party. In all Delivery Point requests, the Contracting Agency or third party shall pay applicable plan review and hydraulic/load modeling costs for the evaluation of the impact of the Delivery Point to the Regional Sewage System. The Contracting Agency or third party may also be required to submit a resolution confirming the authorization of annexation from the Local Agency Formation Commission for San Bernardino County or a resolution confirming an irrevocable annexation agreement to the Contracting Agency.

Page 23 of 45 ends

Page 115 of 223 ends

Upon consideration of the information submitted, IEUA may authorize the new Delivery Point.

IEUA shall provide written notice of its recommendation regarding the new Delivery Point at a regularly scheduled Regional Technical Committee meeting. Upon receipt of a favorable report and recommendation from the committee or upon failure of the committee to respond within a 30- day period, IEUA may authorize the new Delivery Point.

If the Regional Technical Committee recommends against a new Delivery Point for any Contracting Agency, they shall do so in writing including the technical basis for their decision.

The Contracting Agency may file a written request for a hearing with the secretary of the Board of Directors of IEUA. Upon receipt of such a request, said Board of Directors shall schedule and conduct a hearing in accordance with the provisions of Section 26 hereof. All costs and expenses of making the connection between the Regional Sewerage System and the Community Sewer System of any Contracting Agency shall be borne by the Contracting Agency and/or third party.

SECTION 14 - DETERMINATION OF SEWAGE DELIVERIES: COSTS OF

MEASURING EQUIPMENT
IEUA shall determine the amount of sewage delivered to the Regional Sewerage System by all Contracting Agencies and shall maintain accurate and complete records thereof. The amount of sewage delivered to the Regional Sewerage System by each Contracting Agency shall be determined by IEUA based on a standard daily measurement or contribution per Equivalent Dwelling Unit methodology established by IEUA and the Regional Technical Committee from time to time.

If required by IEUA, a Contracting Agency shall install and maintain and operate at its expense, measuring devices and equipment for measuring the flow of sewage from the Contracting Agency's Community Sewer System into the Regional Sewerage System. Prior to installation, IEUA shall approve the design of such measuring devices and equipment and shall inspect and approve their installation. Such measuring devices and equipment shall be examined, tested and serviced regularly, but not less than once a year, by IEUA to ensure their accuracy. At any time IEUA or any Contracting Agency may inspect any such measuring device and equipment and all records and measurements taken therefrom.

Page 24 of 45 ends

Page 116 of 223 ends

The determination of sewage flow or contribution methodology per Equivalent Dwelling Unit contributed by each Contracting Agency shall be reviewed and updated if needed, or as requested by IEUA, but not less than every ten(10) years.

Once the EDU methodology is updated and adopted, EDU and equivalent EDU determinations will be made with the updated methodology. Adjustments in cost allocations among Contracting Agencies and users among customer classes(i.e.-residential, commercial,and industrial)resulting from the updated methodology and determination shall be implemented in consultation with the BAR Subcommittee.

SECTION 15 - CONTROL, PRODUCTION, AND DISPOSITION OF RECYCLED WATER
A. General
IEUA shall have ownership and control of all sewage delivered into the Regional Sewerage System for the purposes of Transmission, Treatment, and Disposal, and shall retain the exclusive right over the Recycled Water generated from the sewage delivered to IEUA from the Contracting Agencies, having sole discretion over its use, subject only to those contractual rights of the Contracting Agencies described in this Section 15. It is the intent of IEUA that Recycled Water be put to local beneficial use within the IEUA service area and the Chino Basin to the greatest extent practicable and allowed. The contractual right to purchase Recycled Water is established pursuant to this Section 15 while the terms and conditions regulating the sale, delivery, and use of Recycled Water shall be governed by Ordinance No. 112, or any successors thereof.

B. Contractual Right to Purchase Recycled Water

1. Right of First Purchase
Each Contracting Agency shall have the right of first purchase of Recycled Water as provided herein. The purchase of Recycled Water shall be voluntary and determined at the option of the Contracting Agency from year to year. The right of first purchase shall take

Page 25 of 45 ends

Page 117 of 223 ends

priority over any other Recycled Water purchase agreements between IEUA and customers that are not Contracting Agencies.

Each Contracting Agency shall have the right of first purchase from IEUA of Recycled Water in a total quantity not exceeding the base entitlement of the Contracting Agency.

The total base supply of Recycled Water which is subject to the right of first purchase from IEUA by the Contracting Agencies receiving sewerage service at any Regional Treatment Plant shall be the total quantity of sewage delivered into the Regional Sewerage System by all such Contracting Agencies, measured at the intake point of the Regional Treatment Plants, less normal processing losses resulting from the treatment of sewage, and less Recycled Water exported from the Chino Basin by IEUA to satisfy the SAR Base Flow Obligation if and to the extent deemed necessary by IEUA.

Each Contracting Agency shall have a monthly base entitlement to a portion of the total base supply of Recycled Water, said portion being in the proportion that the quantity of sewage delivered into the Regional Sewerage System by the Contracting Agency bears to the total quantity of sewage delivered into the Regional Sewerage System by all Contracting Agencies.

The Contracting Agencies have expressed a desire to achieve equitable distribution of Recycled Water deliveries, especially during periods of high demand. Each Contracting Agency shall manage its Recycled Water usage responsibly during periods of high demand so as not to impede other Contracting Agencies from utilizing all their base entitlement, and to prevent Contracting Agencies from using Recycled Water in excess of their base entitlement as calculated on a monthly basis. Recycled Water demands in excess of a Contracting Agency's monthly base entitlement shall not be allowed if it inhibits another Contracting Agency from developing a new Recycled Water use project that would be within their monthly base entitlement. Following the execution of this contract by all Parties, the Regional Technical and Policy Committees will develop an Exhibit"A", Peak Flow Monitoring and Enforcement Criteria, to be incorporated into this contract, that will

Page 26 of 45 ends

Page 118 of 223 ends

detail the requirements for meeting base entitlement as calculated on a monthly basis.

Authorization of this Exhibit"A"will not require re-authorization of this contract through the Parties. Exhibit"A"shall become an authorized Exhibit of this contract by a two-thirds majority vote of the Regional Policy Committee and approval by the IEUA Board of Directors.

2. SAR Base Flow Obligation.

The Parties have differing views regarding the SAR Base Flow Obligation including, but not limited to the allocation of the obligation and the method and way the obligation is fulfilled. Historically there have been sufficient flows from IEUA Regional Treatment Plant discharges to satisfy base entitlement claims and satisfy the SAR Base Flow Obligation with Recycled Water and it is believed that such condition will continue for the next several years at a minimum. Although alternative sources of water for meeting the SAR Base Flow Obligation are not precluded, IEUA will continue its current practice of fulfilling the SAR Base Flow Obligation using Recycled Water from IEUA Regional Treatment Plants in conformity with established practice since inception of the Orange County Judgment,until an alternative acceptable to IEUA is determined. This topic will be reconsidered at the ten-year review provided for in Section 28 of this contract, or earlier upon unanimous consent of the Parties.

IEUA, within its discretion, may prioritize the usage of Recycled Water for meeting the SAR Base Flow Obligation when it is necessary to do so regardless of the effect on base supply for purchase. If the SAR Base Flow Obligation is not met in a given year, IEUA will determine the best course of action to satisfy the SAR Base Flow Obligation the following year, which may include reducing the available base supply. IEUA will satisfy the SAR Base Flow Obligation with the most cost-effective or practical source of water available and seek alternative means of satisfying the SAR Base Flow Obligation in order to maximize available local supplies.

3. Surplus Base Supply.

Page 27 of 45 ends

Page 119 of 223 ends

Surplus base supply is that portion of base supply remaining after each Contracting Agency has exercised its right of first purchase to purchase its base entitlement, or portion thereof.

During and following the end of each year IEUA shall determine the amount of surplus base supply available, if any, for purchase by Contracting Agencies, and shall notify all Contracting Agencies of that amount, in writing. Each Contracting Agency shall have the option to purchase surplus base supply in an amount calculated utilizing the same ratio used to calculate base entitlement. However, if after offering surplus base supply to all Contracting Agencies there remains surplus base supply, then a Contracting Agency may purchase from the remaining surplus base supply in an unrestricted amount subject to mutual agreement with IEUA. Nothing herein shall prevent Contracting Agencies from establishing agreements to purchase Recycled Water from other Contracting Agencies. The purchase of Recycled Water in excess of a Contracting Agency's base entitlement in any given year shall not result in an increase in base entitlement for subsequent years.

4. Disposition by IEUA of Unclaimed Recycled Water.

To the extent that any of the Contracting Agencies fail to exercise their respective rights of first purchase of Recycled Water,IEUA may make any lawful use of such Recycled Water, including beneficial use, sale, or other disposition inside or outside the Chino Basin; provided, that, any funds generated by the sale of Recycled Water shall be deposited into the IEUA Recycled Water Fund. IEUA will inform the Contracting Agencies of the use or sale of any unclaimed Recycled Water within 30 days of the transaction.

SECTION 16 - RESERVED
SECTION 17 - SERVICE CHARGES FOR MAINTENANCE AND OPERATION

OF THE REGIONAL SEWERAGE SYSTEM
All Contracting Agencies shall pay service charges for all sewage delivered to the Regional Sewerage System. Each Contracting Agency shall pay its pro rata share of all net audited costs incurred by IEUA in the maintenance and operations of the system. Net audited costs consist of:

Page 28 of 45 ends

Page 120 of 223 ends

A. Maintenance and Operation
Costs of maintenance and operation of all transmission and treatment facilities comprising the Regional Sewerage System; and
B. Other Costs
Any other costs reasonably related to the maintenance and operation of the system; and C. Replacement and Unforeseen Costs
Based upon generally accepted engineering and accounting principles,reasonable reserves for the estimated costs and expenses of:

1. Replacement of any facilities where the costs and expenses of replacement are customarily considered a part of the costs and expenses of extraordinary maintenance which adds to the normal service life of facilities; and

2. Unforeseen contingencies; and

3. Actual costs and expenses incurred by IEUA for the Transmission, Treatment and Disposal of any byproduct resulting from the treatment of the Sewage delivered by a Contracting Agency.

D. Cost Of Service Study("COSS")
IEUA may, from time to time, conduct a COSS which shall be conducted in accordance with procedures normally utilized in the public rate setting process and in accordance with applicable law.

E. Proposed Service Charge Rate Adjustment("Adjustment") Prior to the imposition of a rate adjustment, IEUA shall conduct a rate workshop wherein Contracting Agencies may express comments and feedback on the matter for consideration by IEUA. Rate adjustments for each fiscal year shall be within the discretion of the IEUA Board of Directors and shall conform to the COSS and applicable law.

Page 29 of 45 ends

Page 121 of 223 ends

SECTION 18 - RESERVED
SECTION 19 - REGIONAL SEWERAGE SYSTEM BUDGETS
A. Fiscal Year Budgets
For each fiscal year, or on a biennial basis if utilized by IEUA, the IEUA Board of Directors shall cause to be prepared and shall adopt a budget, which includes the Regional Sewerage System budget.

B. Form and Content of Budgets
The budget shall contain a plan of financial operations for the Regional Sewerage System and shall contain an estimate of the requirements for expenditures, including provisions for any reserves, and the means of financing such requirements. The budget shall be itemized and shall show in reasonable detail the nature and purpose of each item of revenue and expense and the actual or estimated amount thereof. The budget shall include a plan of financial operations for the capital costs of the acquisition and construction of the Regional Sewerage System, and a plan of financial operation for the maintenance and operation of the system, prepared as follows:

1. Capital Improvement Fund Budget. The costs of the acquisition and construction of the Regional Sewerage System shall show:
a. The various items and amounts of capital costs and the total thereof; b. The total amount in the Regional Wastewater Capital Improvement Fund and the available and unencumbered balance of such fund as of the commencement of the fiscal year and an estimate of the amount therein and the unencumbered balance thereof as of the end of the fiscal year; c. The amounts,if any,of IEUA revenues from sources other than property taxes which are or will be available for payment of capital costs and the total thereof; d. The estimated amount of property taxes to be received during the fiscal year; e. The projected amount of Supplemental Capital Outlay Fund contributions

Page 30 of 45 ends

Page 122 of 223 ends

required from each Contracting Agency during the fiscal year and the total thereof.

2. Maintenance and Operations Fund Budget. The part covering the maintenance and operation of the Regional Sewerage System shall show:
a. The various items and amounts of maintenance and operation expenses, including replacement and rehabilitation, and the total thereof; b. The total amount in any reserves theretofore established, and the available and unencumbered balance in such reserves as of the commencement and end of the fiscal year;
c. The amount of service charges payable by each Contracting Agency and the total paid or payable by all Contracting Agencies;
d. The amounts, if any, of revenue from sources other than services charges which will be available for payment of maintenance and operation expenses and the total thereof;
e. The total amount required to be raised from service charges for payment of maintenance and operations expenses;
f. The rate of the service charge for the fiscal year(s); g. The amount of any surplus of service charges received by IEUA during the fiscal year preceding the fiscal year in progress in excess of the cost of maintenance and operation of the Regional Sewerage System for that year which was transferred to the Regional Sewerage System Operation and Maintenance Fund reserve for replacement of Regional Sewerage System facilities for such preceding fiscal year, or the amount, if any, of any shortage in the amount of service charges received by IEUA during such preceding fiscal year less than the cost of maintenance and operation of the Regional Sewerage System for that year which was transferred from said reserve during the year then in progress for such preceding fiscal year;

Page 31 of 45 ends

Page 123 of 223 ends

C. Preparation and Approval of Proposed Budgets
Not later than April 1 of each budgeting year,the IEUA Board of Directors shall direct its General Manager, or such other person or persons as the Board may designate, to prepare and submit to the Board a proposed Regional Sewerage System budget for the next fiscal year(s). IEUA will conduct informational sessions with the Regional Technical and Policy Committees to inform the Committees of the proposed Regional Sewerage System budget and provide the Committees with opportunities for input. Said budget and the rate of service charge for the next fiscal year will be considered and adopted by IEUA no later than June 30 of each fiscal year. If the Board of Directors fails to adopt a budget by June 30 then, until such time as the Board shall adopt such budget, the budget last adopted shall constitute the budget for such fiscal year.

D. Adoption of Separate Budgets
Notwithstanding the preceding provisions of this section, the Board of Directors of IEUA may elect for any fiscal year to separately prepare and adopt a Capital Improvement Fund Budget and a Maintenance and Operation Fund Budget. If said Board elects to so proceed, each such separate budget shall be prepared in accordance with the provisions of this section which are applicable thereto. Both said budgets shall be processed and adopted in accordance with the procedures and pursuant to the time schedule set forth in this section.

SECTION 20 - BILLING AND PAYMENT OF SERVICE CHARGES
A. Monthly Billing Statements of Service Charges
Not later than 20 days after the end of each month,each Contracting Agency shall provide to IEUA a report with the number of billable Equivalent Dwelling Units billable to each Contracting Agency. IEUA shall provide a billing statement of service charges to each Contracting Agency, setting forth the number of billable Equivalent Dwelling Units during such month for the service charge rate applicable thereto and the total service charge due and payable to IEUA for said month.

Monthly service charges shall be based on the service charge rate adopted by the IEUA Board.

Page 32 of 45 ends

Page 124 of 223 ends

B. Payment of Statements; Interest on Overdue Payments Each Contracting Agency shall pay the amount of the service charge set forth in any statement on or prior to its due date, namely, the thirtieth day following the date of the delivery of such statement. In the event that a Contracting Agency is delinquent in payment of bills for service charges, a penalty of ten (10) percent of the original unpaid invoice amount shall be added to any fee or charge that becomes delinquent. Interest at the maximum rate provided by California Government Code Section 926.10 as may be amended from time to time, shall accrue on the total of all delinquent fees or charges.

Additional charges provided herein for delinquent payments may be waived by the Board of Directors upon written request by the IEUA Customer upon a finding that the delinquency was caused by excusable neglect or circumstances beyond the control of the Contracting Agency, provided that the delinquent Contracting Agency reimburses IEUA for all costs and penalties actually incurred by IEUA as a result of the delinquent payment.

Interest paid upon any delinquent amount shall be credited to the Regional Sewerage System Maintenance and Operation Fund unless, by reason of such delinquency, IEUA shall have advanced the amount of the delinquency from other sources, in which case, the interest shall be credited to such fund as the IEUA Board of Directors may designate. A Contracting Agency shall not be entitled to withhold payment, in whole or in part, of the amount of any statement for service charges pending action pursuant to part C of this Section 20.

C. Adjustment for Overpayment or Underpayment
Upon disagreement between any Contracting Agency and IEUA over the amount of service charges or the discovery of an error in computation of service charges for a Contracting Agency, which is not resolved within 30 days of communication, IEUA shall request a recommendation from the Regional Technical committee. The IEUA Board of Directors shall consider the recommendation by the Regional Technical Committee and make its determination on service

Page 33 of 45 ends

Page 125 of 223 ends

charge adjustments, due dates and any interest due, and shall provide for the appropriate credit to or debit of any affected Contracting Agency's service charge account.

D. Deposit of Payments in Maintenance and Operation Fund All monies received by IEUA in payment of service charges shall be deposited in and credited to a separate fund or account in the treasury of IEUA,to be known as the"Regional Sewerage System Maintenance and Operation Fund." All monies in said fund and interest earned thereon shall be used and expended only for payment of maintenance and operation expenses paid or incurred by IEUA under the provisions, of this contract.

SECTION 21 - RESERVED
SECTION 22 - RESERVED
SECTION 23 - GRANTS AND FINANCIAL ASSISTANCE
IEUA and the Contracting Agencies shall exercise their best efforts to obtain the maximum amounts of grants and other financial assistance which may be available from any federal, state, local, or other source for defraying all or any part of the capital costs and the maintenance and operation expenses of the Regional Sewerage System. The General Manager of IEUA, the Regional Policy Committee, and the Regional Technical Committee shall keep each other fully informed of any available grant or other financial assistance programs known to any of them.

In addition, IEUA shall on a semi-annual basis, submit a report to the Regional Technical Committee and the Regional Policy Committee, as an information item, on any proposed or pending applications (which may include updates on negotiation status) for grants or other financial assistance.

IEUA's costs for the acquisition, construction, maintenance, or operation of the Regional Sewerage System shall be reduced by amounts of any grants or other non-repayable financial assistance received therefor by IEUA from the federal or state government.

Page 34 of 45 ends

Page 126 of 223 ends

SECTION 24 - REGIONAL POLICY COMMITTEE
The parties desire to provide for a Regional Policy Committee to advise IEUA of the needs and views of the Contracting Agencies concerning IEUA's policies and activities in the financing, acquisition, construction, maintenance and operation of the Regional Sewerage System, to make reports and recommendations with respect thereto, and to inform the Contracting Agencies concerning such policies and activities. Committee membership shall be voluntary.

Each participating Contracting Agency shall appoint one regular member and one alternate member to the Regional Policy Committee. Such members shall be members of the Contracting Agency's governing body. The regular and alternate members so appointed shall serve at the pleasure of the appointing agency. Each participating Contracting Agency shall give the secretary of IEUA immediate notice of all appointments and removals made by it, and of the name and contact information of each appointee. IEUA shall appoint one regular member and one or more alternates to the Regional Policy Committee. The members so appointed shall be members of the IEUA Board of Directors of IEUA and shall serve at the pleasure of IEUA. The IEUA member shall be entitled to participate at all regular and special meetings of the committee.

The Regional Policy Committee shall be chaired by a regular member of the Regional Policy Committee and shall rotate among its regular members on a biennial basis through all the Contracting Agencies. A Vice Chair shall also be designated to act in the Chair's absence. The Vice Chair shall be selected by a majority vote of the regular members. A quorum made up of a majority of members shall be required to conduct business.

Each regular member of the Regional Policy Committee or the Contracting Agency's alternates, shall have one vote. A majority of members voting shall be required to carry any matter before the committee.

The Regional Policy Committee shall hold a regular meeting quarterly or as needed in the determination of IEUA. The Regional Policy Committee may adopt such procedures and rules as it deems advisable concerning its officers, meetings and the manner and method of making its

Page 35 of 45 ends

Page 127 of 223 ends

reviews, reports and recommendations on any matter affecting the acquisition, construction, maintenance and operation of the Regional Sewerage System.

IEUA shall, if requested by the Regional Policy Committee, provide the Regional Policy Committee with a meeting place and with the services, advice, and assistance of members of its staff. All records, reports, and other information of IEUA pertaining to the financing, acquisition, construction, maintenance and operation of the Regional Sewerage System shall be available for inspection by members of the Regional Policy Committee. IEUA agrees to maintain and make available to the Regional Policy Committee accurate records of all of its costs, disbursements, and receipts with respect to activities under this contract.

SECTION 25 - REGIONAL TECHNICAL COMMITTEE
The parties desire to provide for a Regional Technical Committee to advise the Regional Policy Committee on technical matters related to the Regional Sewerage System. Participation shall be voluntary. The members and alternate members of the Regional Technical Committee shall be appointed by their respective Contracting Agencies and IEUA shall be entitled to appoint one member and alternate members with the same right of participation as other members. The committee shall hold regular meetings quarterly or as needed in the determination of IEUA.

Appointments and the number of alternates shall be determined in the sole discretion of each Contracting Agency and IEUA as applicable.

The committee may, and upon request by the Regional Policy Committee or IEUA shall, review and make recommendations concerning any of the following technical matters: the acquisition, design, construction, maintenance, operation, or financing of sewer facilities, sewage treatment, reclamation, or disposal facilities, sewage and effluent measuring devices and equipment, Community Sewer Systems and the Regional Sewerage System; sewer user charges; service charges; quality standards for sewage and any effluent; and any other technical matter related to any of the foregoing.

Page 36 of 45 ends

Page 128 of 223 ends

SECTION 26 - DISPUTE RESOLUTION
Members of the Regional Policy Committee are encouraged to raise pertinent issues concerning the Regional Sewerage Contract with the IEUA Board of Directors during the public comment period of a regularly scheduled meeting of the Board. To the extent that any provision of this contract authorizes a hearing under this Section 26, the following procedures will apply:

A. Notice of Dispute.

The Regional Policy Committee, through a majority vote of its members, may request a hearing before the IEUA Board of Directors on any dispute related to the IEUA's performance of this Contract or where the Contract authorizes a hearing by submitting a request in writing to the General Manager of IEUA, with the date of delivery of such request deemed the submission date. The request shall state the issue in dispute and a brief explanation of the Regional Policy Committee position on the matter.

B. Notice of Hearing.

Within 30 days of the submission date IEUA shall schedule a hearing to consider the matter. IEUA shall send written notice to all Contracting Agencies by First Class Mail and shall be deemed to have been given when so deposited in the United States Mail, postage prepaid. The notice shall set forth the date, time and location for the hearing. The hearing shall be conducted in conjunction with a special or regularly scheduled meeting of the IEUA Board of Directors and shall be published in conformity with Brown Act requirements. The hearing shall be scheduled on a date not more than 60 days from the submission date.

C. Hearing.

Any person may address the IEUA Board of Directors at the hearing. Any documentary evidence to be introduced by a party must be submitted to the Secretary of the IEUA Board of Directors no later than 10 days prior to the hearing date to ensure the documents are included in the agenda package and available for posting to the IEUA website.

Page 37 of 45 ends

Page 129 of 223 ends

D. Continuance.

The IEUA Board of Directors may,within its discretion, continue the hearing at the request of any person or the Board of Directors upon a showing of good cause, but in no event shall such continuance extend beyond 30 days.

E. Decision.

At the close of the hearing,the IEUA Board of Directors may confer and render a decision through a majority vote of its members, which shall be recorded upon the minutes of the meeting. The decision by the IEUA Board of Directors shall be deemed a final administrative action. The IEUA Board of Directors may continue the matter for up to 60 days for further discussion and consideration of the evidence.

SECTION 27 - EFFECTIVE DATE OF CONTRACT
This contract between IEUA and the undersigned Contracting Agency shall become effective ("Effective Date") after the occurrence of both of the following events:

1. The authorization and execution of this contract by IEUA and the undersigned Contracting Agencies.

2. IEUA shall give written notice thereof to the undersigned Contracting Agency.

The notice shall specify a date, as determined by IEUA in accordance with this section, which shall be the Effective Date of this contract.

SECTION 28 - TERM OF CONTRACT
The term of this contract and any other Service Contract entered into between IEUA and any sewage collection agency, shall be 50 years from the Effective Date. It is the intent of the parties that all Service Contracts providing for the services and facilities of the Regional Sewerage System

Page 38 of 45 ends

Page 130 of 223 ends

shall have the same termination, date, without regard to the effective dates of the individual, contracts.

In order to provide for a periodic review and update,as necessary,of the provisions of this contract, IEUA and the Contracting Agencies agree to enter good faith discussions at intervals not exceeding ten years or at the request of the majority of the Contracting Agencies.

SECTION 29 - RENEWAL
No later than two years prior to the end of the term of this contract or any earlier termination or extension of this contract, the parties shall negotiate for the extension or renewal of this contract upon comparable terms and conditions. If the parties have been unable to agree thereon, then any Contracting Agency, by written notice given to IEUA at least 12 months prior to the expiration of said term, may elect to receive continued sewage treatment service after the expiration of said term, on a temporary basis, through separate agreement, upon the following conditions:

A. Expansion.

If,by reason of continued service,no expansion is required in any facilities of the Regional Sewerage System in existence upon the expiration of the term of this contract, the Contracting Agency may deliver sewage into the system in any quantity and at any flow rates. If, by reason of continued service, such expansion shall be required, the annual quantity and flow rates of sewage to be delivered into the Regional Sewerage System by the Contracting Agency shall not exceed the quantity and flow rates delivered by the agency during the last full fiscal year preceding the expiration of said term.

B. Service Charge.

The service charge rate shall be determined as provided in Section 17 hereof.

Page 39 of 45 ends

Page 131 of 223 ends

C. Quality.

The sewage quality standards shall be in accordance with those in effect during the last full fiscal year preceding the expiration of said term or any higher standards prescribed by any federal, state or regional agency authorized by law to prescribe quality standards for effluent discharges.

D. Physical Conditions.

IEUA shall maintain and operate the Regional Sewerage System under substantially the same physical conditions of service as prevailed during the last fiscal year preceding the expiration of said term.

Other terms and conditions of continued service shall be reasonable and equitable and shall be mutually agreed upon and, if they provide for continued service for a specified number of years, a Contracting Agency shall have the option to receive further continued sewage treatment service upon the expiration of that and each succeeding period of continued service. Nothing herein shall extend the term established in Section 28 of this contract.

SECTION 30 - AUTHORIZATION AND EXECUTION OF SEWAGE SERVICE

CONTRACT
A. Authorization of Any Sewage Collection Agency.

All proposed contracts between IEUA and any sewage collection agency for the purpose of, (i) providing the agency with the services and facilities of the Regional Sewerage System under a Service Contract, (ii) the acquisition by IEUA of any existing sewage treatment and disposal plant or interceptor sewer, or (iii), both (i) and (ii), shall be authorized for execution by IEUA. The agency shall furnish IEUA with a certified copy of the resolution authorizing execution by the agency, together with a certified Copy of the proposed contract referred to therein. The resolution shall contain all restrictions, limitations, and conditions, if any, which may have been imposed on the execution of the contract.

Page 40 of 45 ends

Page 132 of 223 ends

B. Amendment of Any Existing Contract; New Contracts with Subsequent Contracting Agencies.

If IEUA proposes(i)to amend or rescind any existing Service Contract with a Contracting Agency or(ii) to enter a new Service Contract or a contract for the transfer of any existing sewage facilities to IEUA, as part of the Regional Sewerage System, the IEUA Board of Directors shall adopt a resolution declaring its intention to do so and shall specify a time, not sooner than 60 days after the adoption of the resolution, and a place at which the Board will hold a hearing on the question of the proposed amendment,rescission or new contract, as the case may be. Immediately thereafter the secretary of IEUA shall deliver a copy of the resolution,together with a copy of the proposed amendment,rescission or new contract to the clerk or secretary of each Contracting Agency and to each member of the Regional Policy Committee. The Regional Policy Committee shall review the proposal and,not later than 10 days preceding the date of the hearing, shall submit its written report and recommendation thereon to the general manager of IEUA and to each Contracting Agency.

At the hearing on the proposal, the IEUA Board shall consider the report and recommendation of the Regional Policy Committee and shall hear representatives of any Contracting Agency, members of the committee, and any other interested persons. The IEUA Board may modify the proposal and, upon the conclusion of the hearing, order the authorization for execution by IEUA of the proposed amendment, rescission, or new contract, as the case may be.

SECTION 31 - NOTICE
Notices authorized or required to be given by any provision of this contract shall be deemed to have been given upon delivery, if delivered personally, or upon deposit in the mail, if enclosed in a properly addressed envelope and deposited in the United States mail for delivery by registered or certified mail, or delivered via electronic mail.

Notice shall be given to the parties by delivery or mailing to the following officers of the parties at the following addresses:

Page 41 of 45 ends

Page 133 of 223 ends

IEUA
Undersigned Contracting Agency:

At any time, a party may give written notice to the other party of a change in the designated officer or address.

Notice to members of the Regional Policy Committee or the Regional Technical Committee shall be given to the persons and at the addresses designated in the notices of appointment filed with the Secretary of IEUA.

SECTION 32 - PARTIAL INVALIDITY
The invalidity of any provision of this contract shall not affect the validity of the remainder thereof which can be given effect without such invalid provision.

SECTION 33 - INCORPORATION OF RECITALS
The Recitals set forth above are incorporated herein and made an operative part of this Service Contract.

SECTION 34 - COUNTERPARTS
This Service Contract shall be executed by all parties in duplicate originals, each of which shall be considered an original Service Contract.

Page 42 of 45 ends

Page 134 of 223 ends

Upland City CouncilSeptember 25, 2023

Upland City Council
September 25, 2023