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EETING OF THE CITY COUNCIL
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Rill Velto, Mayor
James Breitling, Mayor Pro Tern- District 2 Michael Blay, City Manager Carlos A. Garcia,Councilmember-District 3 Stephen P. Deitsch,City Attorney Shannon Maust, Councilmember -District I Keri Johnson, City Clerk Rudy Zuniga,Councilmember-District 4
Monday, January 8, 2024
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 REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 1,400 square foot parcel located on the east side of Grove Avenue, approximately 470 feet north of Foothill Boulevard in the City of Upland (Assessor Parcel Number: 0207-462-02)
City Negotiators: City Manager Michael Blay and Development Services Director Robert Dalquest
Negotiating Party: Jonathan K. Cornelius, Fore Property Company Under Negotiation: Price and Terms of payment
b. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6
City Designated Representatives: Mayor Bill Velto and City Attorney Stephen Deitsch
Unrepresented Employee: City Manager
5. INVOCATION
Pastor Perry Engle, Upland Brethren in Christ Church
6. PLEDGE OF ALLEGIANCE
7. PRESENTATIONS
Recognition of Sponsors of the Hometown Holiday Parade and Faire Recognition of Police Department Employees and Department update
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 6
Recommended Action:
Approve the Regular Meeting Minutes of December 11, 2023. (Staff Person: Keri Johnson)
b. ACCEPT FUNDS FOR 2023 CALHOME OWNER-OCCUPIED REHABILITATION 12
PROGRAM
CEQA: Not a Project.
Recommended Action:
Adopt a resolution authorizing the City to accept CalHome funds from the State Housing and Community Development Department (HCD) totaling Four Hundred and Eighty Thousand Dollars ($480,000) to implement the mobile home component of the City's Owner-Occupied Home Improvement Program and appropriate the funds, and authorize staff to submit all necessary State HCD grant documents associated with receiving these grant funds. (Staff Person:
Robert Dalquest)
c. CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY 16
FUND ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN
FOR POLICE LOCKER ROOM PROJECT
CEQA: Not a Project
Recommended Action:
Accept $500,000 in funding from the County of San Bernardino through Supervisors Armendarez and Hagman's allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for a police locker room project; and authorize the City Manager to execute the agreement. (Staff Person:
Stephen Parker)
d. TREASURER'S REPORT NOVEMBER 2023 56
CEQA: Not a Project.
Recommended Action:
Receive and file the November 2023 Treasurer's Report. (Staff Person: Stephen Parker)
e. CONSIDER APPROVAL FOR THE PROCUREMENT OF REPLACEMENT 73
PLAYGROUND EQUIPMENT AT OLIVEDALE PARK
CEQA: Determined to be Exempt pursuant to Section 15302.
Recommended Action:
Approve the procurement of replacement playground equipment at Olivedale Park in the amount of $180,317.72, authorize a budget adjustment of $80,400 from Quimby Fees; and authorize the City Manager to execute any documents necessary to complete the purchase. (Staff Person: Stephen Parker) f. AWARD OF BID FOR PROJECT NO. 80001 & 80002, POLICE DEPARTMENT 89 MEN'S AND WOMEN'S LOCKER REPLACEMENT PROJECT (BID NO. 2023- 12)
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities) of the CEQA guidelines.
Recommended Action:
Approve the Plans and Specifications for Project No. 80001 & 80002, PD Men's and Women's Locker Replacement Project; award the construction contract to Y4M Developing Inc. DBA Construction Masters in the amount of $620,763.00 (Base bid amount plus additive bid item #6); approve a construction contingency in the amount of$104,237, for a total amount of$725,000; and authorize the City Manager to execute any extensions, and any future amendments within the City Manager's authority. (Staff Person: Braden Yu)
g. NOTICE OF COMPLETION FOR 17TH STREET ROADWAY UTILITY 91
IMPROVEMENTS
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c)
Recommended Action:
Accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the 17`h Street Roadway and Utility Improvement Project. (Staff Person: Braden Yu) h. CONSIDER APPROPRIATING QUIMBY FEES DESIGNATED FOR MEMORIAL 93 PARK
CEQA: Determine to be Exempt
Recommended Action:
Approve a budget amendment appropriating $78,681 in Quimby Fees designated for Memorial Park for capital improvements in Memorial Park. (Staff Person:
Stephen Parker)
11. PUBLIC HEARINGS
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only.
13. BUSINESS ITEMS
a. CONSIDER CHANGING THE START TIME OF UPLAND CITY COUNCIL 100
MEETINGS
CEQA: Not a Project.
Recommended Action:
Discuss changing the start time of closed session to no earlier than 4 p.m. with open session staring at 6 p.m. and consider adopting a Resolution approving the changes to the start time of regular meetings. (Staff Person: Keri Johnson)
14. COUNCIL COMMUNICATIONS
15. CITY MANAGER
16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, January 22, 2024.
NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.
All Agenda items and back-up materials are available for public review at the Upland Public Library, 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 January 3, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov
MINUTES OF THE REGULAR JOINT MEETING OF THE UPLAND CITY
COUNCIL, CITY OF UPLAND FINANCING AUTHORITY, AND THE CITY OF
UPLAND PARKING AUTHORITY
December 11, 2023
7:00 p.m.
Council Chamber
City Hall, 460 N Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust
Members Absent: Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, Assistant City Attorney Thomas Rice, City Clerk Keri Johnson
1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 6:00 p.m. in the Council Chamber of the Upland City Hall.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Excuse the absence of Councilmember Zuniga
Motion: Carried Unanimously with Councilmember Zuniga absent
2. ADDITIONS-DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
None.
CLOSED SESSION - 6:00 p.m.
4. CLOSED SESSION
At 6:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957
Title: City Manager
1
b. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
City Designated Representatives: Mayor Bill Velto and City Attorney Stephen Deitsch (or designee)
Unrepresented Employee: City Manager
The City Council reconvened in open session at 7:05 p.m.
5. INVOCATION
Rehana Mowjood, Middle Ground Muslim Center
6. PLEDGE OF ALLEGIANCE
Led by Development Services Director Dalquest
7. PRESENTATIONS
Proclamation recognizing Police Officer Joe Gutierrez upon his retirement from the City with 32 years of service.
Proclamation recognizing Budget Specialist Sue Gutierrez upon her retirement from the City with 23 years of service.
8. CITY ATTORNEY
Assistant City Attorney Rice announced the City Council received reports on Closed Session items and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Larry Mendoza, Upland, spoke regarding his claim for damages that was denied by the City.
Natasha Walton, People for Upland Parks, stated concerns regarding plans for the development of Sycamore Hills park.
10. CONSENT CALENDAR
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously with Councilmember Zuniga absent a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of November 27, 2023. b. ACCEPT AND FILE SCHEDULED VACANCIES FOR COMMISSIONS, COMMITTEES, AND BOARDS FOR CALENDAR YEAR 2024
Accept and file the Local Appointments List for all City commissions, committees, and boards for calendar year 2024, and direct the City Clerk to post the list. 2
c. RATIFY THE APPOINTMENT OF MAYOR PRO TEM
Ratify the appointment of Councilmember Breitling as Mayor Pro Tern, term to expire in December 2024.
d. CONSIDER APPOINTMENT TO THE PERSONNEL BOARD OF REVIEW Ratify the Employee Associations' appointment of Deborah Caruso to the Personnel Board of Review, term to expire June 30, 2027. e. CITY OF UPLAND PARKING AUTHORITY 2023 ANNUAL REPORT
City of Upland Parking Authority Board of Directors receive and file the annual report of the 2023 activities of the Parking Authority. f. CITY OF UPLAND FINANCING AUTHORITY 2023 ANNUAL REPORT City of Upland Financing Authority Board of Directors receive and file the annual report for the 2023 activities of the Financing Authority. g. APPROVAL OF NOVEMBER WARRANT AND PAYROLL REGISTERS Approve the November warrant registers (check numbers 45630-46101 and direct disbursements totaling $10,606,818.08 and payroll registers totaling $2,809,185.61 (check numbers 163526-163582 and electronic fund transfers 43843-44683).
h. CONSIDER APPROVAL OF 2023 MILLS ACT CONTRACTS FOR TWO HISTORIC PROPERTIES, LOCATED AT 1010 N. EUCLID AND 806 N. EUCLID Approve the Mills Act contracts for two (2) historic properties and authorize the City Manager to execute the documents.
CONSIDER ADOPTING A RESOLUTION EXTENDING THE DEADLINE TO
ESTABLISH AN ONLINE PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE PERMITS PURSUANT TO AB 2234
Adopt Resolution No. 6754 extending the deadline to establish an online permitting system for post-entitlement phase permits under California Government Code Section 65913.3.5 (AB 2234).
j. CONSIDER A RESOLUTION DECLARING A 1,669 SQUARE FOOT REAL PROPERTY OWNED BY THE CITY WITH APN: 0207-462-02, IS EXEMPT
SURPLUS LAND AND EXEMPT FROM CEQA
Approve Resolution No. 6755 pursuant to Government Code Section 54221 declaring that real property owned by the City, commonly known as a 1,669 square foot property with Assessor's Parcel Number 0207-462-02 as exempt surplus land to be sold to the owner of contiguous land at 8148 Red Hill Country Club Drive, Rancho Cucamonga, CA 91730; and finding that the foregoing actions are exempt from environmental review under the California Environmental Quality Act.
k. CONSIDER APPROVAL OF PARCEL MAP 20269 AND SUBDIVISION AGREEMENT, LOCATED AT 1382 E. FOOTHILL BLVD
3
Approve Parcel Map 20269 for recordation and authorize the City Manager to sign the subdivision agreement.
UNDERGROUNDING IN LIEU FEE REQUEST FOR TRACT MAP 20519
Adopt Resolution No. 6756 approving a cash in lieu fee for undergrounding in satisfaction of Condition 30.22 of Tentative Tract Map No. 20519 and Development Plan Review No. DPR-21-09 for the Development of 64 Single- Family Condominium Residential Units located at 1400 E. Arrow Highway (APN:
1046-481-14).
m. CONSIDER APPOINTMENT TO THE CHINO BASIN WATERMASTER BOARD Appoint Bill Velto as the City of Upland representative to the Chino Basin Watermaster Board for a two-year term and Kati Parker as his alternate.
11. PUBLIC HEARINGS
a. SUBSTANTIAL AMENDMENT TO PROGRAM YEARS 2021-22 AND 2023-24
HUD ANNUAL ACTION PLANS
Development Services Director Dalquest introduced Housing Manager Cotto who presented the staff report along with a PowerPoint presentation.
Director Dalquest answered questions posed by the Council the eligible CDBG areas of the City.
Mayor Velto opened the public hearing, and hearing no testimony, closed the public hearing.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Adopt Resolution No. 6757 approving the substantial amendment to Program Years 2021-2022 and 2023-2024 to the City's U.S. Department of Housing and Urban Development (HUD) Annual Action Plans and direct staff to transmit all documents and amendments related to the Annual Action Plans to HUD within 30 days of execution.
Motion: Carried Unanimously with Councilmember Zuniga absent b. CONSIDER A RESOLUTION APPROVING THE SALE OF CERTAIN CITY- OWNED REAL PROPERTY (APN: 1046-433-25) LOCATED 155 FEET WEST
OF WASHINGTON BLVD AND SIXTH AVE
Development Services Director Dalquest introduced Economic Development Coordinator Picazo who presented the staff report along with a PowerPoint presentation.
Mayor Velto opened the public hearing.
Development Services Director Dalquest answered questions posed by the Council regarding the zoning of the property.
4
Natasha Walton, People for Upland Parks, requested the land be rezoned and developed as a park. She further requested that City owned land be reserved for park land.
There being no further testimony, Mayor Velto closed the public hearing.
Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Overrule the written and oral protest received and adopt Resolution No. 6758 approving the Purchase and Sale Agreement and Joint Escrow Instructions for the sale of City-owned surplus land to Crestwood Corporation, for the development of seven (7) single family residential townhome units, and finding the same categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15312, 15206(b)(4), 15060(c)(2), and 15378(b).
Motion: Carried Unanimously with Councilmember Zuniga absent
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmember Garcia reported on his attendance of the West Valley Mosquito and Vector Control District meeting.
Councilmember Breitling reported on his attendance of the San Bernardino County Transportation Authority meeting.
b. ECONOMIC DEVELOPMENT COMMITTEE MEETING, DECEMBER 4, 2023 Chairperson Garcia provided a recap of the meeting.
13. BUSINESS ITEMS
a. CONSIDER AN AWARD OF BID FOR PROJECT NO. 16163, MEMORIAL PARK PAVEMENT REHABILITATION (BID NO. 2023-11)
Public Works Director Yu answered questions posed by the Council regarding the timeline for the project.
Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Approve the Plans and Specifications for Project No. 16163, Memorial Park Pavement Rehabilitation; waive minor bid irregularities; award the construction contract to Onyx Paving Company, Inc. in the amount of $964,060 (Base bid amount plus additive bid items #22 and #23); approve a construction contingency in the amount of $185,940, for a total amount of $1,150,000; and authorize the City Manager to execute any extensions, and any future amendments within the City Manager's authority.
Motion: Carried Unanimously with Councilmember Zuniga absent 5
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including providing an update on the meetings they attended.
15. CITY MANAGER
City Manager Blay reminded the community that City facilities will be closed between Christmas and New Year's Day for the winter closure.
16. ADJOURNMENT
At 7:58 p.m., Mayor Velto adjourned in memory of Ian Chase Wilhelm Gibson. The next regularly scheduled City Council meeting is Monday, January 8, 2024.
Keri Johnson, City Clerk
6
���a �pl"� CITY FUPLAND
'5,4 _1 "The City of Gracious Living"
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DATE: January 8,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT DALQUEST,DEVELOPMENT SERVICES DIRECTOR
DIANE COTTO,HOUSING MANAGER
SUBJECT: ACCEPT FUNDS FOR 2023 CALHOME OWNER-OCCUPIED REHABILITATION
PROGRAM
RECOMMENDED ACTION:
It is recommended that the City Council adopt a resolution authorizing the City to accept CalHome funds from the State Housing and Community Development Department(HCD)totaling Four Hundred and Eighty Thousand Dollars ($480,000)to implement the mobile home component of the City's Owner-Occupied Home Improvement Program and appropriate the funds, and authorize staff to submit all necessary State HCD grant documents associated with receiving these grant funds.
GOAL STATEMENT
The proposed action supports the City's housing strategy to increase, improve, and/or preserve affordable housing opportunities for persons or families with low-or moderate-incomes.
BACKGROUND
On January 6, 2023 the State of California Housing and Community Development (HCD) Department released the Homeownership Super Notice of Funding Availability(Super NOFA) totaling approximately$170 Million in funds to provide loans or grants to Public Entities and Nonprofits for Homeownership Development Projects, Self-Help Technical Assistance Projects, Mortgage Assistance Programs Owner Occupied Rehabilitation Programs, Shared Housing Programs and Programs for the Acquisition of Manufactured Housing for Agricultural Households.
In response to this Super NOFA, on February 29, 2023, the City Staff applied for CalHome funds requesting $2,041,250 to support the City's First-Time Buyer Mortgage Assistance Program(FTHP)and Owner-Occupied Home Improvement Program(HIP).
On November 2,2023,HCD informed the City that it was eligible to receive$480,000 in CalHome funds to support its mobile home component of its Owner-Occupied Home Improvement Program that provides financial assistance to Upland residents who reside in mobile homes and have incomes at or below 80%of the Area Median Income for San Bernardino County.
ISSUES AND ANALYSIS
The City implements an Owner-Occupied Rehabilitation program (known as HIP) that is funded with State HCD HOME funds. This program provides loans of up to $75,000 to make health, safety, and code deficiency repairs to single-family, owner-occupied homes. To address an increased need for downpayment assistance for first-time homebuyers and housing rehabilitation services for single-family and mobile homeowners, the city applied for CalHOME funding totaling$2,041,250.
On November 2, 2023, State HCD announced that the City was eligible to receive $480,000 in CalHome funds to rehabilitate and repair up to four (4) owner-occupied mobile homes and pay for certain activity delivery costs associated with the administration of the program. To receive these funds, the City must submit a City Council approved HCD Resolution to the State.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act ("CEQA") Guidelines, adopting the proposed City Council Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,Title 14,Chapter 3,because the receipt of CalHome grant funds has no potential for resulting in a physical change to the environment,directly or indirectly. In terms of the National Environmental Policy Act(NEPA),the substantial amendment of an annual action plan is deemed to be exempt from environmental review according to 24. CFR.Part 58.34 as these proposed revisions are administrative in nature.
FISCAL IMPACTS
There is no fiscal impact to the City's General Fund associated with this action. The City is eligible to receive up to $480,000 in State HCD CalHome funds to support the activities of the City's Owner-Occupied Home Improvement Program;Account No's 2222402-4313 for revenue and 2222402-5XXX for program loans and administrative costs.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AUTHORIZING THE SUBMITTAL OF
AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE CALHOME
PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT
IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS
THERETO; AND ANY RELATED DOCUMENTS NECESSARY
TO PARTICIPATE IN THE CALHOME PROGRAM.
WHEREAS, City of Upland, a California municipality wishes to apply for and receive an allocation of funds through the CalHome Program; and WHEREAS , the California Department of Housing and Community Development (hereinafter referred to as "HCD") has issued a Notice of Funding Availability ("Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 {commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the "statute") NOFA") dated January 6, 2023 for the CalHome Program established by. Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome Program, subject to the terms and conditions of the statute and the CalHome Program Guidelines adopted by HCD in December 2022; and
WHEREAS, City of Upland wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of up to $480,000.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
1. City of Upland shall submit to HCD an application to participate in the CalHome Program in response to the Homeownership Super NOFA issued on January 6, 2023 which will request a total funding allocation of $480,000 for the following activities: Up to $480,000 which will rehabilitate and repair up to four (4) very low- or low-income owner-occupied mobile homes for implementation of an Owner-Occupied Rehabilitation Program to assist mobile home residents (household incomes at or below eighty percent (80%) of area median income) to correct habitability issues, bring homes into code compliance and improve energy efficiency. In addition a portion of these funds will be used as Activity Delivery Fees to help offset the costs of providing the rehabilitation program.
2. If the application for funding is approved, the City of Upland hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program guidelines cited above. The application in full is incorporated as
part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. City of Upland, a California municipality acknowledges and agrees that it may be required to execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.
3. City of Upland authorizes Michael Blay, City Manager, to execute in the name of City of Upland, the application, the Standard Agreements, and any subsequent amendments or modifications thereto, as well as any other documents required by HCD for participation in the CalHome Program, and any amendments thereto.
PASSED, APPROVED and ADOPTED this 8th day of January, 2024.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 8th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
cd,�- .p19, CITY FUPLAND
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DATE: January 8,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
SUBJECT: CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY FUND
ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN FOR POLICE
LOCKER ROOM PROJECT
RECOMMENDED ACTION:
It is recommended that the City Council accept $500,000 in funding from the County of San Bernardino through Supervisors Armendarez and Hagman's allocations of the Board of Supervisors Discretionary Fund—District Specific Priorities Program for a police locker room project;and authorize the City Manager to execute the agreement.
GOAL STATEMENT
The proposed action supports the City's goal of seeking alternate funding sources for City purchases.
BACKGROUND
The City is represented by both San Bernardino County Supervisor Curt Hagman and Jesse Armendarez. Second District Supervisor Armendarez represents the northern portion of the City,with the boundary line mostly running on 14th Street,but dipping to 13th Street where the Upland Police Station is located just east of Benson. Fourth District Supervisor Hagman represents the southern portion of the City,with the south side of 13th street across the street from the Upland Police Station being served by the Supervisor.
Recently Supervisors Hagman and Armendarez have pooled resources from their Supervisors Discretionary Fund— District Specific Priorities Program to benefit the City of Upland. On August 14, 2023, City Council accepted $1,000,000 in funding from the two Supervisors for upgrades to the Baldy View Dog Park as well as$500,000 for a downtown camera project.
Since FY 2020/21, City Council has budgeted $225,000 for a female locker room expansion and locker renovation project at the Police Department included in the annual budget. Resource limitation from a personnel standpoint and from an overall cost perspective has resulted in the project not coming to fruition.
ISSUES AND ANALYSIS
Recently, Supervisor Armendarez was informed about the Police Department locker room project and saw the value the project would provide with the recruitment and retention as well as fitness of Upland's police officers. Hearing that the existing budget was insufficient for the project,he indicated a willingness to ensure the locker room project would be able to be completed. On the heels of partnering with Supervisor Hagman on previous Upland projects,the two Supervisors are again working together in a unified effort to provide $500,000 in funding for the locker room project.
ENVIRONMENTAL DETERMINATION
The proposed action is the acceptance of funding from County Supervisors and is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project"and thus is exempt.
FISCAL IMPACTS
This action will increase the budget in Fund 217 by $500,000 to account for the spending of grant funds for improvements to the Police Depaittnent's locker room.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY eilli Contract Number
SAN BERNARDINO
COUNTY T1� TY SAP Number
l� 1 ARPA21-PRJC-045-UPL
lir
County Administrative Office
Department Contract Representative Matthew Erickson, County Chief Financial Officer
Telephone Number (909) 387-5423
Contractor City of Upland
DUNS No. N/A
UEI No. FLE5FE7ERMQ5
Contractor Representative Michael Blay, City Manager Telephone Number 909-931-4102
Contract Term 1/1/24 through 12/31/24
Original Contract Amount Based on actual project costs not to exceed $500,000
Amendment Amount
Total Contract Amount Based on actual project costs not to exceed $500,000
Cost Center 1100921078 & 1100941078
Internal Order (If Applicable)
CONTRACT BETWEEN SAN BERNARDINO COUNTY AND CITY OF UPLAND RELATED TO THE
AMERICAN RESCUE PLAN ACT AND THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND WHEREAS, on March 4, 2020, the State of California declared a state of emergency as a result of the Coronavirus Disease 2019 (COVID-19) outbreak and on March 13, 2020, by Proclamation 9994, the President declared a national emergency concerning the COVID-19 pandemic. The COVID-19 pandemic continues to cause significant risk to the public health and safety of the United States; and WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President and the law is intended to combat the COVID-19 pandemic, including the public health and economic impacts; and
WHEREAS, pursuant to Section 9901 of the ARPA, San Bernardino County (County) received a disbursement from the United States Department of the Treasury of money associated with the Coronavirus Local Fiscal Recovery Fund (CLFRF) for Local Governments under Section 603(a) [see 42 U.S.C. Section 803]; and
WHEREAS, the County agreed to comply with the United States Department of the Treasury Coronavirus State Fiscal Recovery Fund Award Terms and Conditions (Terms and Conditions), Rev. 5/8/20 I0 110 0102
including Assurance of Compliance with Title VI of the Civil Rights Act of 1964 (Assurance of Compliance with Civil Rights Requirements), identified in the United States Department of the Treasury and San Bernardino County Agreement (OMB Approved No. 1505-0271) (United States Department of the Treasury Agreement), which is on file with the County and incorporated herein by this reference; and
WHEREAS, the Assistance Listing Number (ALN)/Federal Assistance Identification Number (FAIN) for the ARPA CLFRF is 21.027/SLT-0628 respectively; and WHEREAS, the ARPA provides that payments from the CLFRF may be used for the following: i) to respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; ii) to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; iii) for the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; or iv)to make necessary investments in water, sewer, or broadband infrastructure; and
WHEREAS, funding provided under ARPA CLFRF must be obligated by December 31, 2024 and expended by December 31, 2026; and
WHEREAS, the County desires to transfer and City of Upland (Contractor) desires to accept a transfer from ARPA CLFRF in the not-to-exceed amount of $500,000 for expenditures identified in Exhibit "A" related to Police Department Locker Room Improvements.
NOW, THEREFORE, in consideration of the above, the County and Contractor agree as follows:
1. THE ARPA CLFRF
A. This Contract applies to the following ARPA CLFRF transfers:
The transfer by the County of an amount not to exceed $500,000 to Contractor on a reimbursement basis for expenditures identified in Exhibit "A". Exhibit "A" is attached hereto and incorporated herein by this reference. County acknowledges and agrees that Contractor will be administering the transfer of funds for the expenditures identified in Exhibit "A" by separate contracts. Contractor shall provide the County quarterly reports of actual cash expenditures to date under this Contract, and estimated cash expenditures through December 31st of each year. County, through its Chief Executive Officer (CEO), in the CEO's sole discretion, reserves the right to reduce the transfer amount identified in this Contract with fifteen (15) days advance written notice provided to Contractor. The reduction would be based: A) on Contractor's estimated cash expenditures through December 31st of each year; B) a later determination by the United States Department of the Treasury, or County, that the costs identified in this Contract are ineligible for ARPA CLFRF; or C) a determination by CEO the funds should be utilized in a different manner.
B. Contractor certifies that the use of funds that will be submitted for reimbursement from the CLFRF under Paragraph 1.A. and Exhibit "A" of this Contract will be used only to cover those costs that: i) are related to government operations; and ii) were incurred during the period that begins 1/1/24 and will end 12/31/24. For purposes of this Contract and pursuant to federal guidance, expended or obligated costs are costs incurred by Contractor during the time period referenced above that are allowable for reimbursement. Any cost obligated by Contractor as of December 31, 2024, must be expended by December 31, 2026, to Rev. 5/8/20 lilmie 2 ClficEfil02
meet the eligible costs timeframe as defined by the United States Department of the Treasury.
C. Contractor agrees that the funds provided pursuant to this Contract cannot be used: i) as a revenue replacement for lower than expected tax or other revenue collections; ii) for expenditures for which Contractor has received any other emergency COVID-19 supplemental funding (whether federal, state, or private in nature) for that same expense; or iii) as a deposit into any pension fund.
D. Contractor shall prepare and submit to County an invoice for reimbursement of eligible funding expenses identified in Paragraph 1.A., above. Invoices may be submitted to County as frequently as monthly. Invoices will be reviewed and approved for compliance with terms of this Contract. County shall reimburse to Contractor the amount of approved invoices submitted within sixty (60) days of receipt. If an invoice is rejected, or revisions are requested, Contractor will work with County to submit the required revisions.
E. Both County and Contractor agree to comply with any and all ARPA CLFRF requirements, including but are not limited to the terms included in this Contract, as well as any and all applicable County, Contractor, State, and Federal laws, regulations, policies and procedures pertaining to the funding described in this Contract. County and Contractor shall comply with Title 2 Code of Federal Regulations (C.F.R.) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. County and Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.
F. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to County upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by County or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the County, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by County.
G. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor's requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.
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H. Contractor shall cooperate in having an audit completed by County, at County's option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor's expense.
I. Contractor shall repay to County any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due County within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, County reserves the right to withhold future payments due Contractor from any source under County's control.
J. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account.
Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
K. County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages.
The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
L. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
M. County shall only reimburse costs incurred through the dates identified in Exhibit "A". Contractor requirements in Sections 1, 2 and 5 of this Contract shall survive the termination of this Contract. The costs to be reimbursed under this Contract do not include Research and Development as defined in Title 2 Code of Federal Regulations (C.F.R.) Section 200.1, nor do they include indirect costs.
2. AMERICAN RESCUE PLAN ACT REQUIREMENTS
A. This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT-0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the County. Any funds paid to Contractor: i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to Rev. 5/8/20 Fie R)fc7102
have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).
B. Contractor agrees to comply with all applicable federal laws and regulations, including but not limited to all laws and regulations identified in Section 2 of the Contract.
C. In accordance with Title 2 C.F.R. Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
D. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
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E. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
F. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
G. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).
H. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
I. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety.
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These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
J. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency.
The contracts must also include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Exhibit "B" for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the County and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.
K. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
L. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.
M. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended Rev. 5/8/20 Fie 24,{t7102
by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
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(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government Rev. 5/8/20 Fie g6102
contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
N. Data Collection Requirements — Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.
O. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to:
Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.
P. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the County upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the County.
Q. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury.
Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.
R. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.
S. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.
T. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury's implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Rev. 5/8/20 lilNie 07031702
Management (SAM), in accordance with the OMB guidelines at Title 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
U. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
V. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
W. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
X. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
Sections 4601-4655) and implementing regulations.
Y. Applicable Federal environmental laws and regulations.
Z. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury's implementing regulations at Title 31 C.F.R. Part 22, which prohibits discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
AA. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
BB. Any publications produced with ARPA funds must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the United States Department of Treasury." CC. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.
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DD. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.
EE. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor and all subrecipients assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication. iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.
FF. The Contractor must include the following language in every contract or agreement subject to Title VI and its regulations:
"The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C.
Section 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. Sections 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement."
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GG. Contractor shall cooperate in any enforcement or compliance review activities by the County and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.
HH. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.
II. County has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.
JJ. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the County is obligated with the Department of the United States Treasury, whichever is later.
KK. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112.
LL. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
MM. County and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Section 2 conflict with any other terms in the Contract, the terms in this Section 2 shall control.
3. GENERAL CONTRACT REQUIREMENTS
A. Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
B. Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
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C. Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.
D. Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
E. Attorney's Fees and Costs
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
F. Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide services; and (c) are not otherwise disqualified from performing the services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor's sole expense, on all its personnel providing services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County's hiring criteria, in County's sole discretion, shall not be assigned to work on County property or services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.
G. Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
H. Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
I. Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.
J. Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to County inquiries within two (2) business Rev. 5/8/20 li4Ne sff31V02
days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
K. Rule of Construction
The parties agree that this Contract and all agreements or documents incorporated herein shall not be subject to the rule of construction that a written agreement is construed against the party preparing or drafting that agreement.
L. County Representative
The Chief Executive Officer or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the services/scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
M. Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs.
The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County's sole discretion.
N. Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration's System for Award Management website https://www.sam.gov) . Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State. An subcontracts funded by this Contract shall be with vendors that meet this certification and registration requirement.
O. Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County equipment:
i. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
ii. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
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iii. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County's objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above.
P. Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
Q. Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
R. Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
S. Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process.
This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.
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The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
T. Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
U. Legality and Severability
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
V. Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
W. Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
X. Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of "good faith" and "fair dealing".
Y. Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor's agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
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Z. Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
AA. Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
BB. Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
CC. Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor's personnel, consultants, subcontractors, services/scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
DD. Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
EE. Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor's relationship with County may be made or used without prior written approval of the County.
FF. Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.
GG. Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of Rev. 5/8/20e Mcff317O2
the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
HH. Subcontracting
Contractor shall obtain County's written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the services to County. At County's request, Contractor shall provide information regarding the subcontractor's qualifications and a listing of a subcontractor's key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section 5. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
i. Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
ii. Ensure that the subcontractor follows County's reporting formats and procedures as specified by County.
iii. Include in the subcontractor's subcontract substantially similar terms as are provided in this Contract.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.
II. Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the goods or services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
JJ. Termination for Convenience
The County reserves the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. The County's Chief Executive Officer is authorized to terminate this Contract. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
KK. Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
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LL. Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
MM. Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
NN. Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication.
No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
00. Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code Sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code Section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person (as defined in Public Contract Code Section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
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Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code Section 2205.
PP. California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code Sections 1798.100, et seq.). For purposes of this provision, "business," "consumer," and "personal information" shall have the same meanings as set forth at Civil Code Section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code Section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code Section 1798.155(b).
QQ. Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Section 1720 of the California Labor Code states in part: "For purposes of this paragraph, `construction' includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work..." If the services/scope of Work are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations.
Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws.
See Exhibit "B", which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Exhibit "B". The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request. Contractor shall post a copy of the applicable prevailing wage determinations at the job site.
4. TERM OF CONTRACT
This Contract is effective as of the date last signed by authorized representatives of any party (Effective Date), requires all incurred obligations by December 31, 2024, and expires on Rev. 5/8/20 lilNie 243 031702
December 31, 2026, but may be terminated earlier in accordance with the provisions of this Contract.
5. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782.
B. Insurance
i. Contractor and County are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, Worker's Compensation and Property Damage and warrant that through their respective programs of self- insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Contract. ii. Insurance Review — Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
6. RIGHT TO MONITOR AND AUDIT
A. The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
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B. All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
7. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
B. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
i. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or ii. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or
iii. Withhold funds pending duration of the breach; and/or iv. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "B" of this paragraph; and/or v. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
8. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County City of Upland
County Administrative Office — 4th Floor 460 N. Euclid Ave 385 N. Arrowhead Avenue Upland, CA 91786
San Bernardino, CA 92415
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
9. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
10.CONTRACT EXECUTION
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This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
IN WITNESS WHEREOF, the San Bernardino County and City of Upland have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
SAN BERNARDINO COUNTY
City of Upland
(Print or type name of corporation, company, contractor, etc.) By
Luther Snoke, Chief Executive Officer (Authorized signature-sign in blue ink) Michael Blay
Dated: Name
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated:
Address
FOR COUNTY USE ONLY _
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department County Counsel
Date Date Date
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EXHIBIT A
SCOPE OF EXPENDITURES
[SEPARATELY ATTACHED]
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EXHIBIT B
PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:
1. Determination of Prevailing Rates:
Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov . The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.
2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.
3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work.
Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
4. Ineligible Contractors:
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html . Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law.
A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County.
The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.
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5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work. The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request;
ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR;
iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor; iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address.
b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.
6. Limits on Hours of Work:
Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as Rev. 5/8/20e 0 cff31702
provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1'/2) times the basic rate of pay.
7. Penalty for Excess Hours:
The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1%) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a).
ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5.
iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.
v. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner.
2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner.
3) The certified payroll records must be in a format prescribed by the Labor Commissioner.
vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
b. Labor Code section 1725.5 states the following:
"A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, "contractor" includes a subcontractor as defined by Section 1722.1.
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(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration.
Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code.
(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code. (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
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(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.
(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2). (e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed. (f) This section does not apply to work performed on a public works project of twenty- five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work." c. Labor Code section 1771.1 states the following:
"(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Rev. 5/8/20 Fe V cof31702
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section. (g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the Rev. 5/8/20 Fe 413cof31702
registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
(2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.
(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1). (i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply.
(j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work.
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(3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. (4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days. (k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(I) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered. (m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(n) This section shall not apply to work performed on a public works project of twenty- five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work." d. Labor Code section 1771.4 states the following:
"(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body.
(B) In a format prescribed by the Labor Commissioner.
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required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015. (d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016." B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 — 230.2 for all apprenticeable occupations (denoted with "#" symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor's requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices. b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
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i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification "announcement" of the Contractor's participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work.
iv. Contractors who are already approved to train apprentices (i.e. check "Box 1" on the DAS-140) shall only be required to submit the form to their approved program.
v. Contractors who are NOT approved to train apprentices (i.e. those that check either "Box 2" or "Box 3" on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see
http://www.dir.ca.qov/Databases/das/pwaddrstart.asp .
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an "apprenticeable" craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. This ratio shall be met prior to the Contractor's completion of work on the project. "Apprenticeable" crafts are denoted with a pound symbol "#" in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required. iii. Contractors may use the "DAS-142" form for making a request for the dispatch of an apprentice.
iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement. v. Contractor should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only "registered" apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1).
c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the "CAC-2" form for submittal of their training fund contributions.
iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
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iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month. v. The "training" contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.
3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license ("Owner-Operator") and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone. ii. Contractors performing in non-apprenticeable crafts. "Apprenticeable" crafts are denoted with a pound symbol "#" in front of the craft name on the prevailing wage determination.
iii. When the Contractor has a direct contract with the Public Agency that is under $30,000.
iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.
4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
iii. The Apprenticeable Craft or Trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or
iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.
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5. Contractor's Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.
Rev. 5/8/20 li4Ne 511031702
EXHIBIT A— SCOPE OF EXPENDITURES
APPLIES TO AGREEMENT ARPA21-PRJC-045-UPL BETWEEN SAN BERNARDINO
COUNTY AND CITY OF UPLAND RELATED TO THE CORONAVIRUS LOCAL FISCAL
RECOVERY FUND FOR LOCAL GOVERNMENTS
1. The following is the mutually agreed upon scope of expenditures to be funded by the American Rescue Plan Act of 2021 (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) received by San Bernardino County:
Personnel locker room rehabilitation project including but not limited to removing and replacing the old lockers in the men's and women's locker rooms and shower room rehabilitation.
2. Not-to-exceed amount of expenditures described in 1, above, obligated during the period of January 1, 2024 and December 31, 2024 and expended on or before December 31, 2026 is $500,000.
3. The following is the list of projected expenditures that will be funded by the CLFRF for the scope identified in 1, above:
Expenditure Type (e.g., Payroll) Projected Expenditures* Furnish and Install new lockers $450,000
Install new flooring $25,000
Rehabilitate shower surfaces $25,000
Total Expenditure $500,000
*Note: Projected expenditures may differ from the actual costs but a total amount of expenditure shall not exceed the amount as specified in Section 2, above.
4. The Contractor is responsible for ensuring that any procurement using CLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at Title 2 C.F.R. Sections 200.317 - 200.327, as applicable. The Uniform Guidance establishes in Title 2 C.F.R.
Section 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in Title 2 C.F.R. Section 200.320. If the full and open procurement is not applicable, provide a reason for its exemption:
"Confirm — No exemption identified"
, trpl" CITY FUPLAND
„.;
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: January 8,2024
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 NOVEMBER 2023
RECOMMENDED ACTION:
It is recommended that the City Council receive and file the November 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 September 25,2023)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.
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority For Period Ended
November 30,2023
I Investment Portfolio Cost J Par Value I Market Value ] %of Portfolio State Local Agency Investment Fund 1,124,336 1,124,336 1,118,938 0.9% California Asset Management Plan 30,795,733 30,795,733 30,795,733_ 25.7% Negotiable Certificates of Deposit 24,615,517 24,589,000 23,823,283 19.9% Money Market Fund 1,534,652 1,534,652 1,534,652 1.3% Municipal Bonds 1,555,370 1,605,000 1,510,198 1.3% Government Agency Securities 62,682,444 62,720,000 _ 59,325,093 49.6% US Treasury 1,697,325 1,750,000 1,595,435 1.3%, Total Investments $ 124,005,377 $ 124,118,721][$ 119,703,332 100.0% Weighted Average Days to Maturity j 529.60
Blended Yield: IL 3.06%
Cash Cost Market Value
Bank Accounts and Change Funds I 7,043,740 7,043,740 Total Cash 1 $ 7,043,740 $ 7,043,740
Total Cash and Investments 1 $ 131,049,117 $ 126,747,072 PARS Investment Portfolio Cost Market Value 1
115 Trust-OPEB Investment 1,502,000 1,800,395 115 Trust-Pension Investment 4,412,148 , 4,560,338 Total Restricted Funds Held in Trust I$ 5,914,148 $ 6,360,733 Benchmarks:
LAIF 3.84% _
CAMP . 5.57%
2yr U.S.Treasury 4.73%
5yr U.S.Treasury 4.31% 1
r
Restricted Funds with Fiscal Agent Book Value Market Value 1 Water System Lease Revenue Refunding Bonds 2021 _25 25 Water Revenue Bonds 2022 15,501,239 15,501,239 Successor Agency TAN 2013/TAN 2016-Merged Project 10 10 Colonies CFD Area#1 2012 - -
Colonies CFD Area#1 2022 585,591 585,591
Colonies CFD Area#2 2015 - 1,526,958 1,526,958 Upland 54 CFD 2004 166,188 166,188
Sycamore Hills CFD 2015-1 737,759 737,759
Sycamore Hills CFD 2015-1-2 765,833 765,833
Harvest at Upland CFD 2016-1 Area#1 576,398 576,398 Harvest at Upland CFD 2016-1 Area#2 2,289,328 2,289,328 Enclave at Upland CFD 2022-1 4,023,801 4,023,801 Total Restricted Funds $ 26,173,129 $ 26,173,129
1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council in September 2023.
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 City's 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 requirements G::•vernment Code Section 53646. 4 ,411 11'
Assistant City Manager(Finance Director) Date
____.-9Zi.-ir +2Yt/H3n
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For Period Ended
November 30, 2023
Account
Fund or Account Balance
City 98-36-942 1,124,336
Market
Value
Totals $ 1,124,336 $ 1,118,938
Yield for Period Ended 11/30/2023 3.84%
PreparedDl gU ffenef
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority California Asset Management Plan
For Period Ended
November 30, 2023
Account
Fund or Account Balance
City of Upland 6113-001 30,795,733
Market
Value
Totals $ 30,795,733 $ 30,795,733
Yield for Period Ended 11/30/2023 5.57%
Preparell)40evjaofqiw
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
November 30,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Negotiable Certificates of Deposit
Bank Princeton CD 064520BB4 250,000 250,000 249,028 0.40% 12/29/2023 Raymond James Bank CD 75472RAT8 250,000 250,000 249,313 1.80% 12/29/2023 Financial Partners CU CD 31762FAB5 248,000 248,000 247,826 4.91% 02/09/2024 Local Government FCU CD 53955LAB3 225,000 225,000 224,829 4.91% 02/12/2024 Luana Savings Bank CD 549104RT6 250,000 250,000 247,375 0.30% 02/14/2024 Bank Hapoalim CD 06251AW48 246,233 235,000 233,099 2.92% 03/25/2024 Celtic Bank CD 15118RUQ8 250,000 250,000 246,525 1.27% 04/02/2024 UBS Bank USA CD 90348JJQ4 260,650 250,000 247,890 2.92% 04/03/2024 American First CU CD 02616ABZ1 248,000 248,000 247,635 5.01% 04/26/2024 Morgan Stanley Private Bank CD 61760AZR3 250,000 250,000 247,193 2.78% 05/02/2024 Evergreen Bank Group CD 300185KL8 250,000 250,000 243,733 0.26% 05/28/2024 Western CD 95763PNQ0 237,000 237,000 236,754 5.35% 06/05/2024 Jovia Financial FCU CD 48115LAE4 242,900 249,000 245,741 2.89% 06/07/2024 CIBC Bank USA CD 12547CBP2 237,000 237,000 236,614 5.26% 06/13/2024 Mountain Pac Bk CD 62424PAC6 237,000 237,000 236,434 5.21% 07/19/2024 Wells Fargo Bk CD 949764DS0 237,000 237,000 236,564 5.31% 07/24/2024 Blupeak CU CD 09644EAB8 150,000 150,000 150,179 5.65% 07/25/2024 Bank Hope CD 062683HV2 243,000 243,000 242,373 5.11% 08/12/2024 First Farmers Bank&Trust CD 320165JK0 246,682 235,000 228,436 1.80% 09/04/2024 The Bank of the Valley CD 06543PCN3 250,000 250,000 239,498 0.37% 09/30/2024 Pentagon FCU CD 70962LAJ1 250,000 250,000 240,733 0.52% 09/30/2024 Fifth Third Bank CD 316777YV7 236,000 236,000 235,745 5.50% 10/17/2024 Pacific Western Bank CD 69506YYX1 243,000 243,000 242,174 5.17% 11/12/2024 Magnolia Bank Inc CD 559582AP6 250,000 250,000 237,548 0.37% 11/25/2024 InFirst FCU CD 45673RAA9 236,675 249,000 240,121 1.92% 11/27/2024 State Bank of India CD 856285RS2 252,625 250,000 241,588 2.12% 11/27/2024 Manufacturers Traders Trust Co CD 564759RJ9 244,000 244,000 242,438 4.93% 12/09/2024 WebBank Salt CD 947547NT8 248,000 248,000 236,339 1.05% 12/30/2024 Arsenal CU CD 04288LAA6 248,000 248,000 246,901 5.12% 01/25/2025 Spokane Teachers CD 849061AC0 248,000 248,000 248,397 5.64% 01/28/2025 Enerbank USA CD 29278TMR8 250,000 250,000 239,575 1.88% 01/29/2025 Merrick Bank CD 59013KFH4 250,000 250,000 239,415 1.83% 01/31/2025 General Electric CU CD 369674CJ3 250,000 250,000 248,530 5.03% 02/14/2025 Insight CU CD 45791JAC0 250,000 250,000 248,850 5.12% 02/27/2025 Poppy Bank CD 73319FAF6 235,893 229,000 216,474 1.16% 03/18/2025 Medallion Bank CD 58404DGK1 250,000 250,000 236,823 1.37% 03/27/2025 Industrial Commercial Bank China CD 45581ECJ8 250,000 250,000 234,035 0.48% 03/31/2025 Partners Bank of California CD 70212YAZ5 250,000 250,000 235,718 1.06% 04/02/2025 1st Security Bank of Washington CD 33625CDR7 250,000 250,000 232,960 0.32% 04/16/2025 Third Federal Savings&Loan CD 88413QDE5 250,000 250,000 233,723 0.86% 05/23/2025 Liberty FED CD 53052LAU3 248,000 248,000 246,901 5.12% 06/09/2025 Southeast Bank CD 84133PFC7 250,000 250,000 231,865 0.49% 06/17/2025 Connexus CU CD 20825WBR0 250,000 250,000 249,125 5.17% 06/23/2025 Tandem Bank CD 87537YAB0 250,000 250,000 232,535 0.59% 06/23/2025 Meritrust FCU MTN CD 59001PARO 225,000 225,000 217,548 3.31% 06/30/2025 New York Community Bank CD 649447UY3 250,000 250,000 231,660 0.54% 07/01/2025 Technology CU CD 87868YAH6 248,000 248,000 246,951 5.12% 07/21/2025 Ideal CU CD 45157PAY6 125,000 125,000 122,228 4.09% 08/29/2025 Live Oak Banking Company CD 538036NV2 250,000 250,000 229,613 0.60% 09/16/2025 BMW Bank North America CD 05580AXF6 250,000 250,000 229,333 0.55% 09/25/2025 California CD 130162BB5 250,000 250,000 251,580 5.62% 10/27/2025 8fa
12/19/2023
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
November 30,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date JPMorgan Chase Bank CD 48128URC5 250,000 250,000 228,113 0.55% 11/10/2025 Greenstate CU CD 39573LCC0 250,000 250,000 229,465 0.98% 11/24/2025 Chartway FCU CD 16141BAD3 248,000 248,000 246,991 5.07% 12/16/2025 Alabama CU CD 01025RAF6 250,000 250,000 248,990 5.07% 12/22/2025 Ally Bank Utah 02007GH22 250,000 250,000 246,963 4.71% 12/22/2025 First Carolina Bank CD 31944MBJ3 250,000 250,000 226,788 0.55% 12/23/2025 Communitywide FCU CD 20416TAX0 250,000 250,000 247,263 4.75% 01/06/2026 Popular Bank CD 73317ABL5 250,000 250,000 244,283 4.20% 01/08/2026 City National Bank CD 178180GU3 250,000 250,000 245,520 4.43% 01/12/2026 USAlliance FCU CD 90352RCD5 100,000 100,000 91,797 1.46% 01/28/2026 Burke Herbert Finanical Services CD 121331AT9 249,000 249,000 246,485 4.80% 02/13/2026 A+FCU CD 00224TAN6 250,000 250,000 247,235 4.76% 02/17/2026 Freedom Bk of Virginai CD 35633MCT7 250,000 250,000 247,520 4.85% 02/17/2026 Connex CU CD 208212BD1 250,000 250,000 250,955 5.38% 03/18/2026 Union Bank CD 90520VAX1 250,000 250,000 224,978 0.67% 03/19/2026 Vibrant CU CD 92559TAL2 248,000 248,000 248,707 5.34% 03/20/2026 Clearpath FCU CD 18507MAB7 250,000 250,000 249,415 5.11% 04/27/2026 American Equity Bank CD 02568KAJ4 250,000 250,000 223,790 0.78% 05/27/2026 Global FCU CD 37892MAM6 248,000 248,000 246,896 5.02% 06/16/2026 Dort FCU CD 25844MBC1 250,000 250,000 248,558 4.83% 06/22/2026 Solarity CU CD 83418NAG6 248,000 248,000 247,204 5.07% 06/23/2026 Toyota Financial Savings Bank CD 89235MLE9 249,860 248,000 222,213 1.06% 07/29/2026 Gesa CU CD 37424PAH7 250,000 250,000 250,505 5.24% 07/31/2026 Continental Bank CD 211163MG2 250,000 250,000 221,213 0.68% 08/24/2026 FirstBank of Nebraska CD 32116PAR9 248,000 248,000 219,158 0.68% 08/27/2026 NBC Bancorp Inc CD 633398AA0 248,000 248,000 246,095 4.89% 09/14/2026 Red Crown Fed CD 756558AB8 200,000 200,000 201,390 5.36% 10/13/2026 Empower FCU CD 291916AE4 250,000 250,000 252,130 5.40% 10/23/2026 Texas Exchange Bank CD 88241TMG2 249,000 249,000 221,929 1.29% 11/13/2026 Malaga Bank CD 56102ABK1 250,000 250,000 220,625 0.96% 11/19/2026 BankUnited NA CD 066519RW1 249,000 249,000 222,823 1.51% 12/08/2026 Capital One NA CD 14042RQN4 250,000 250,000 223,163 1.40% 12/08/2026 1st Source Bank CD 33646CNW0 250,000 250,000 246,013 4.67% 01/19/2027 Baxter CU CD 07181JAY0 250,000 250,000 245,268 4.59% 01/25/2027 Generations Bank C D 37149CAV9 250,000 250,000 233,378 3.32% 05/06/2027 Essential CU CD 29669XAP3 250,000 250,000 245,608 4.78% 06/15/2027 First Technology FCU CD 33715LEB2 249,000 249,000 235,474 3.86% 08/05/2027 Optum Bank Draper CD 68405VAU3 244,000 244,000 238,939 4.80% 09/13/2027 Preferred CU CD 74043RAA2 250,000 250,000 247,405 5.05% 09/15/2027 Iriquois Fed CD 46355PDQ8 249,000 249,000 243,863 4.80% 09/17/2027 True Sky Credit CD 89786MAH7 250,000 250,000 242,440 4.64% 11/30/2027 Rogue CU CD 77535MAG8 250,000 250,000 248,650 5.23% 12/23/2027 Freedom Northwest CD 356436AF2 249,000 249,000 243,044 4.81% 01/19/2028 Amoco FCU CD 31424AAA8 249,000 249,000 243,457 4.86% 02/08/2028 Customers Bank CD 23204HPB8 250,000 250,000 247,903 4.54% 06/14/2028 TTCU Federal CU CD 89854LAD5 250,000 250,000 246,603 5.07% 07/26/2028 Tucson FCU CD 898812AC6 250,000 250,000 246,565 5.07% 09/08/2028 American Exp CD 02589AEZ1 250,000 250,000 242,333 4.75% 09/13/2028 Discover Bank CD 254676AR0 250,000 250,000 242,940 4.78% 09/18/2028 Southem First CD 84287PJB9 244,000 244,000 239,791 4.94% 10/17/2028 $ 24,615,517 $ 24,589,000 $ 23,823,283
PreaAO eADIviefl 62n
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
November 30,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Money Market Fund
First American Govt OB Fund-Y 31846V203 1,534,652 1,534,652 1,534,652 4.96% Money Market Fund Subtotal 1,534,652 1,534,652 1,534,652 Municipal Bond Fund
Klamath Trinity CA 498422JN5 25,100 25,000 24,323 1.23% 08/01/2024 Klamath Trinity CA 498422JJ4 30,150 30,000 28,759 1.59% 08/01/2025 San Bernardino CA 796720PA2 300,000 300,000 279,459 0.90% 08/01/2025 Riverside Cnty CA 76913CBA6 950,120 1,000,000 951,640 3.00% 02/15/2026 San Bernardino CA 796720PB0 250,000 250,000 226,018 1.21% 08/01/2026 Municipal Bond Fund Subtotal 1,555,370 1,605,000 1,510,198 Government Securities
Federal Home Ln Bks DEB 3130AQD26 500,000 500,000 498,220 0.72% 12/29/2023 Federal Home Ln Bks DEB 3130ARFD8 754,654 770,000 763,424 2.57% 03/22/2024 Federal Home Ln Bks DEB 3130AQD34 500,000 500,000 492,800 0.83% 03/28/2024 Federal Home Ln Corp MTN 3134GWJ64 1,500,000 1,500,000 1,459,530 0.41% 06/10/2024 Federal Home Ln Bks DEB 3130AQD42 500,000 500,000 487,660 0.94% 06/28/2024 Federal Home Ln Bks DEB 3130AQD59 1,250,000 1,250,000 1,206,163 1.04% 09/30/2024 Federal Home Ln Corp MTN 3134GWUX2 1,500,000 1,500,000 1,439,835 0.39% 09/30/2024 Federal Farm Credit Bks DEB 3133EMER9 1,500,000 1,500,000 1,422,165 0.49% 01/27/2025 Federal Farm Credit Bks DEB 3130AMZPO 1,500,000 1,500,000 1,418,160 0.69% 02/28/2025 Federal Farm Credit Bks DEB 3133EMTQ5 1,100,000 1,100,000 1,038,873 0.74% 03/17/2025 Federal Farm Credit Bks DEB 3130ALN34 1,100,000 1,100,000 1,038,180 0.74% 03/24/2025 Federal Farm Credit Bks DEB 3133EMBK7 1,500,000 1,500,000 1,408,335 0.48% 04/07/2025 Federal Farm Credit Bks DEB 3133ENHW3 1,250,000 1,250,000 1,178,675 1.24% 06/23/2025 Federal Farm Credit Bks DEB 3130ALPJ7 1,000,000 1,000,000 937,050 0.87% 06/30/2025 Federal Farm Credit Bks DEB 3136G4A45 1,500,000 1,500,000 1,400,235 0.76% 07/22/2025 Federal Home Ln Bks DEB 3130AUS70 1,500,000 1,500,000 1,488,105 5.04% 08/15/2025 Federal Farm Credit Bks DEB 3134GWH82 1,500,000 1,500,000 1,385,850 0.68% 09/08/2025 Federal National Mortgage Assoc 3134GWWT9 1,500,000 1,500,000 1,388,010 0.59% 09/30/2025 Federal Home Ln Corp MTN 3134GWZG4 2,000,000 2,000,000 1,846,720 0.65% 10/20/2025 Tennessee Valley Authority DEB 880591CJ9 781,658 750,000 774,060 6.52% 11/01/2025 Federal Home Ln Corp MTN 3134GXAP9 1,500,000 1,500,000 1,384,350 0.65% 11/12/2025 Federal Home Ln Corp 3134GXBM5 1,500,000 1,500,000 1,382,400 0.65% 11/12/2025 Federal Home Ln Corp MTN 3130AQ5D1 1,500,000 1,500,000 1,395,360 1.29% 12/22/2025 Federal Home Ln Corp MTN 3130AKLH7 1,500,000 1,500,000 1,391,175 0.54% 12/30/2025 Federal Home Ln MTG 3134GYEK4 1,250,000 1,250,000 1,244,438 5.17% 01/27/2026 Federal Home Ln Bks DEB 3130AKQX7 2,000,000 2,000,000 1,835,200 0.76% 01/28/2026 Federal Farm Credit Bks DEB 3130AKWK8 2,000,000 2,000,000 1,825,460 0.56% 02/12/2026 Federal Home Ln Bks DEB 3130AUS54 1,500,000 1,500,000 1,492,425 5.02% 02/17/2026 Federal National Mortgage Assoc MTN 3134GYJC7 1,250,000 1,250,000 1,243,450 5.43% 02/24/2026 Federal Farm Credit Bks DEB 3130AL6A7 1,000,000 1,000,000 914,660 0.66% 02/26/2026 Federal Farm Credit Bks DEB 3130AL6L3 1,000,000 1,000,000 916,990 0.54% 02/26/2026 Federal Farm Credit Bks DEB 3133EPPRO 750,803 750,000 749,880 4.62% 04/10/2026 Federal Farm Credit Bks DEB 3130ALZ80 1,300,000 1,300,000 1,220,115 0.80% 04/29/2026 Federal Farm Credit Bks DEB 3130AMBD3 1,500,000 1,500,000 1,395,030 1.07% 05/12/2026 Preplfd@5yCanQfi tgal
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
November 30,2023
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Federal Farm Credit Bks DEB 3130AMET5 2,000,000 2,000,000 1,870,440 1.07% 05/27/2026 Federal Farm Credit Bks DEB 3130AN3R9 1,500,000 1,500,000 1,370,595 1.24% 07/20/2026 Federal Farm Credit Bks DEB 3133ENAF7 1,235,150 1,250,000 1,131,300 1.10% 10/07/2026 Federal Farm Credit Bks DEB 3130APJ55 1,600,000 1,600,000 1,454,880 1.37% 10/26/2026 Federal Farm Credit Bks DEB 3134GW4C7 1,379,420 1,400,000 1,254,162 0.89% 10/27/2026 Federal Farm Credit Bks DEB 3130APU37 1,500,000 1,500,000 1,364,145 1.43% 11/24/2026 Federal Home Ln Corp MTN 3130APV51 2,000,000 2,000,000 1,867,000 1.07% 11/24/2026 Federal Home Ln Bks DEB 3130ARCL3 1,000,000 1,000,000 934,250 2.67% 03/30/2027 Federal Home Ln Bks DEB 3130ARKL4 591,600 600,000 582,516 3.34% 04/21/2027 Federal Home Ln M C MTN 3134GXSB1 1,000,000 1,000,000 978,160 3.06% 05/17/2027 Federal Home Ln Bks DEB 3130AWBZ2 998,300 1,000,000 988,830 4.16% 06/11/2027 Federal Home Ln Bks DEB 3130AUS88 1,500,000 1,500,000 1,476,525 5.07% 02/16/2028 Federal Home Ln Bks DEB 3130AUX33 599,100 600,000 594,648 5.52% 02/22/2028 Federal Home Ln Bks DEB 3130AWTR1 1,991,760 2,000,000 1,994,660 4.37% 09/08/2028 Government Securities Subtotal 62,682,444 62,720,000 59,325,093 US Treasury
US Treasury Note 91282CBC4 1,476,450 1,500,000 1,374,615 0.41% 12/31/2025 US Treasury Note 912828ZE3 220,875 250,000 220,820 0.71% 03/31/2027 US Treasury Subtotal 1,697,325 1,750,000 1,595,435
Total Portfolio $ 92,085,308 $ 92_198,652 $ 87,788,661 PreRradl SybirlEA Nan
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
November 30,2023
No.of
days until Days to maturity Total by
November 30,2023 Market Value Availability maturity Weight weighted average maturity Petty Cash 34,100 11/30/2023 0 0.0% - Checking Account 7,006,311 12/1/2023 1 5.5% 0.06 Successor Agency 3,329 12/1/2023 1 0.0% 0.00 Total Bank Accounts 7,043,740 7,043,740 State Local Agency Investment Fund 1,118,938 12/1/2023 1 0.9% 0.01 1,118,938 California Asset Management Plan 30,795,733 11/30/2023 0 24.3% - 30,795,733 First American Govt OB Fund-Y 1,534,652 12/1/2023 1 1.2% 0.01 Money Market Accounts 1,534,652 1,534,652 Federal Home Ln Bks DEB 498,220 12/29/2023 29 0.4% 0.11 Government Securities 498,220 498,220
Bank Princeton CD 249,028 12/29/2023 29 0.2% 0.06 Raymond James Bank CD 249,313 12/29/2023 29 0.2% 0.06 Negotiable Certificates of Deposit 498,340 498,340 41,489,623 1-30 days
Federal Home Ln Bks DEB 763,424 3/22/2024 113 0.6% 0.68 Federal Home Ln Bks DEB 492,800 3/28/2024 119 0.4% 0.46 Government Securities 1,256,224 1,256,224 Financial Partners CU CD 247,826 2/9/2024 71 0.2% 0.14 Local Government FCU CD 224,829 2/12/2024 74 0.2% 0.13 Luana Savings Bank CD 247,375 2/14/2024 76 0.2% 0.15 Bank Hapoalim CD 233,099 3/25/2024 116 0.2% 0.21 Negotiable Certificates of Deposit 953,129 953,129 2,209,353 61-120 days
Celtic Bank CD 246,525 4/2/2024 124 0.2% 0.24 UBS Bank USA CD 247,890 4/3/2024 125 0.2% 0.24 American First CU CD 247,635 4/26/2024 148 0.2% 0.29 Morgan Stanley Private Bank CD 247,193 5/2/2024 154 0.2% 0.30 Evergreen Bank Group CD 243,733 5/28/2024 180 0.2% 0.35 Negotiable Certificates of Deposit 1,232,975 1,232,975 1,232,975 121-180 days
Federal Home Ln Corp MTN 1,459,530 6/10/2024 193 1.2% 2.22 Federal Home Ln Bks DEB 487,660 6/28/2024 211 0.4% 0.81 Federal Home Ln Bks DEB 1,206,163 9/30/2024 305 1.0% 2.90 Federal Home Ln Corp MTN 1,439,835 9/30/2024 305 1.1% 3.46 Government Securities 4,593,188 4,593,188 Western CD 236,754 6/5/2024 188 0.2% 0.35 Jovia Financial FCU CD 245,741 6/7/2024 190 0.2% 0.37 CIBC Bank USA CD 236,614 6/13/2024 196 0.2% 0.37 Mountain Pac Bk CD 236,434 7/19/2024 232 0.2% 0.43 Wells Fargo Bk CD 236,564 7/24/2024 237 0.2% 0.44 Blupeak CU CD 150,179 7/25/2024 238 0.1% 0.28 Bank Hope CD 242,373 8/12/2024 256 0.2% 0.49 First Farmers Bank&Trust CD 228,436 9/4/2024 279 0.2% 0.50 The Bank of the Valley CD 239,498 9/30/2024 305 0.2% 0.58 Pentagon FCU CD 240,733 9/30/2024 305 0.2% 0.58 Fifth Third Bank CD 235,745 10/17/2024 322 0.2% 0.60 Pacific Western Bank CD 242,174 11/12/2024 348 0.2% 0.66 Magnolia Bank Inc CD 237,548 11/25/2024 361 0.2% 0.68 InFirst FCU CD 240,121 11/27/2024 363 0.2% 0.69 State Bank of India CD 241,588 11/27/2024 363 0.2% 0.69 Negotiable Certificates of Deposit 3,490,498 3,490,498 P rNgbbDa 4n c
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
November 30,2023
No.of
days until Days to maturity Total by
November 30,2023 Market Value Availability maturity Weight weighted average maturity 8,108,008 181-1 year
Federal Farm Credit Bks DEB 1,422,165 1/27/2025 424 1.1% 4.76 Federal Farm Credit Bks DEB 1,418,160 2/28/2025 456 1.1% 5.10 Federal Farm Credit Bks DEB 1,038,873 3/17/2025 473 0.8% 3.88 Federal Farm Credit Bks DEB 1,038,180 3/24/2025 480 0.8% 3.93 Federal Farm Credit Bks DEB 1,408,335 4/7/2025 494 1.1% 5.49 Federal Farm Credit Bks DEB 1,178,675 6/23/2025 571 0.9% 5.31 Federal Farm Credit Bks DEB 937,050 6/30/2025 578 0.7% 4.27 Federal Farm Credit Bks DEB 1,400,235 7/22/2025 600 1.1% 6.63 Federal Home Ln Bks DEB 1,488,105 8/15/2025 624 1.2% 7.33 Federal Farm Credit Bks DEB 1,385,850 9/8/2025 648 1.1% 7.09 Federal National Mortgage Assoc 1,388,010 9/30/2025 670 1.1% 7.34 Federal Home Ln Corp MTN 1,846,720 10/20/2025 690 1.5% 10.05 Tennessee Valley Authority DEB 774,060 11/1/2025 702 0.6% 4.29 Federal Home Ln Corp MTN 1,384,350 11/12/2025 713 1.1% 7.79 Federal Home Ln Corp 1,382,400 11/12/2025 713 1.1% 7.78 Government Securities 19,491,168 19,491,168 Manufacturers Traders Trust Co CD 242,438 12/9/2024 375 0.2% 0.72 WebBank Salt CD 236,339 12/30/2024 396 0.2% 0.74 Arsenal CU CD 246,901 1/25/2025 422 0.2% 0.82 Spokane Teachers CD 248,397 1/28/2025 425 0.2% 0.83 Enerbank USA CD 239,575 1/29/2025 426 0.2% 0.81 Merrick Bank CD 239,415 1/31/2025 428 0.2% 0.81 General Electric CU CD 248,530 2/14/2025 442 0.2% 0.87 Insight CU CD 248,850 2/27/2025 455 0.2% 0.89 Poppy Bank CD 216,474 3/18/2025 474 0.2% 0.81 Medallion Bank CD 236,823 3/27/2025 483 0.2% 0.90 Industrial Commercial Bank China CD 234,035 3/31/2025 487 0.2% 0.90 Partners Bank of California CD 235,718 4/2/2025 489 0.2% 0.91 1st Security Bank of Washington CD 232,960 4/16/2025 503 0.2% 0.92 Third Federal Savings&Loan CD 233,723 5/23/2025 540 0.2% 1.00 Liberty FED CD 246,901 6/9/2025 557 0.2% 1.09 Southeast Bank CD 231,865 6/17/2025 565 0.2% 1.03 Connexus CU CD 249,125 6/23/2025 571 0.2% 1.12 Tandem Bank CD 232,535 6/23/2025 571 0.2% 1.05 Meritrust FCU MTN CD 217,548 6/30/2025 578 0.2% 0.99 New York Community Bank CD 231,660 7/1/2025 579 0.2% 1.06 Technology CU CD 246,951 7/21/2025 599 0.2% 1.17 Ideal CU CD 122,228 8/29/2025 638 0.1% 0.62 Live Oak Banking Company CD 229,613 9/16/2025 656 0.2% 1.19 BMW Bank North America CD 229,333 9/25/2025 665 0.2% 1.20 California CD 251,580 10/27/2025 697 0.2% 1.38 JPMorgan Chase Bank CD 228,113 11/10/2025 711 0.2% 1.28 Greenstate CU CD 229,465 11/24/2025 725 0.2% 1.31 Negotiable Certificates of Deposit 6,287,092 6,287,092 Klamath Trinity CA 28,759 8/1/2025 610 0.0% 0.14 San Bernardino CA 279,459 8/1/2025 610 0.2% 1.34 Municipal Bonds 308,218 308,218
_ 26,086,478 1-2 years
Federal Home Ln Corp MTN 1,395,360 12/22/2025 753 1.1% 8.29 Federal Home Ln Corp MTN 1,391,175 12/30/2025 761 1.1% 8.35 Federal Home Ln MTG 1,244,438 1/27/2026 789 1.0% 7.75 Federal Home Ln Bks DEB 1,835,200 1/28/2026 790 1.4% 11.44 Federal Farm Credit Bks DEB 1,825,460 2/12/2026 805 1.4% 11.59 Federal Home Ln Bks DEB 1,492,425 2/17/2026 810 1.2% 9.54 Federal National Mortgage Assoc MTN 1,243,450 2/24/2026 817 1.0% 8.02 Federal Farm Credit Bks DEB 914,660 2/26/2026 819 0.7% 5.91 Federal Farm Credit Bks DEB 916,990 2/26/2026 819 0.7% 5.93 Federal Farm Credit Bks DEB 749,880 4/10/2026 862 0.6% 5.10 Federal Farm Credit Bks DEB 1,220,115 4/29/2026 881 1.0% 8.48 PteagQ b9 aQBn Q i
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
November 30,2023
No.of
days until Days to maturity Total by
November 30,2023 Market Value Availability maturity Weight weighted average maturity Federal Farm Credit Bks DEB 1,395,030 5/12/2026 894 1.1% 9.84 Federal Farm Credit Bks DEB 1,870,440 5/27/2026 909 1.5% 13.41 Federal Farm Credit Bks DEB 1,370,595 7/20/2026 963 1.1% 10.41 Federal Farm Credit Bks DEB 1,131,300 10/7/2026 1042 0.9% 9.30 Federal Farm Credit Bks DEB 1,454,880 10/26/2026 1061 1.1% 12.18 Federal Farm Credit Bks DEB 1,254,162 10/27/2026 1062 1.0% 10.51 Federal Farm Credit Bks DEB 1,364,145 11/24/2026 1090 1.1% 11.73 Federal Home Ln Corp MTN 1,867,000 11/24/2026 1090 1.5% 16.06 Government Securities 25,936,705 25,936,705 Chartway FCU CD 246,991 12/16/2025 747 0.2% 1.46 Alabama CU CD 248,990 12/22/2025 753 0.2% 1.48 Ally Bank Utah 246,963 12/22/2025 753 0.2% 1.47 First Carolina Bank CD 226,788 12/23/2025 754 0.2% 1.35 Communitywide FCU CD 247,263 1/6/2026 768 0.2% 1.50 Popular Bank CD 244,283 1/8/2026 770 0.2% 1.48 City National Bank CD 245,520 1/12/2026 774 0.2% 1.50 USAlliance FCU CD 91,797 1/28/2026 790 0.1% 0.57 Burke Herbert Finanical Services CD 246,485 2/13/2026 806 0.2% 1.57 A+FCU CD 247,235 2/17/2026 810 0.2% 1.58 Freedom Bk of Virginai CD 247,520 2/17/2026 810 0.2% 1.58 Connex CU CD 250,955 3/18/2026 839 0.2% 1.66 Union Bank CD 224,978 3/19/2026 840 0.2% 1.49 Vibrant CU CD 248,707 3/20/2026 841 0.2% 1.65 Clearpath FCU CD 249,415 4/27/2026 879 0.2% 1.73 American Equity Bank CD 223,790 5/27/2026 909 0.2% 1.60 Global FCU CD 246,896 6/16/2026 929 0.2% 1.81 Dort FCU CD 248,558 6/22/2026 935 0.2% 1.83 Solarity CU CD 247,204 6/23/2026 936 0.2% 1.83 Toyota Financial Savings Bank CD 222,213 7/29/2026 972 0.2% 1.70 Gesa CU CD 250,505 7/31/2026 974 0.2% 1.93 Continental Bank CD 221,213 8/24/2026 998 0.2% 1.74 FirstBank of Nebraska CD 219,158 8/27/2026 1001 0.2% 1.73 NBC Bancorp Inc CD 246,095 9/14/2026 1019 0.2% 1.98 Red Crown Fed CD 201,390 10/13/2026 1048 0.2% 1.67 Empower FCU CD 252,130 10/23/2026 1058 0.2% 2.10 Texas Exchange Bank CD 221,929 11/13/2026 1079 0.2% 1.89 Malaga Bank CD 220,625 11/19/2026 1085 0.2% 1.89 Negotiable Certificates of Deposit 6,535,592 6,535,592 US Treasury Note 1,374,615 12/31/2025 762 1.1% 8.26 US Treasury 1,374,615 1,374,615
Riverside Cnty CA 951,640 2/15/2026 808 0.8% 6.07 San Bernardino CA 226,018 8/1/2026 975 0.2% 1.74 Municipal Bonds 1.177.655 1,177,658
35,024,569 2-3 years
Federal Home Ln Bks DEB 934,250 3/30/2027 1216 0.7% 8.96 Federal Home Ln Bks DEB 582,516 4/21/2027 1238 0.5% 5.69 Federal Home Ln M C MTN 978,160 5/17/2027 1264 0.8% 9.75 Federal Home Ln Bks DEB 988,830 6/11/2027 1289 0.8% 10.06 Government Securities 3,483,756 3,483,756 BankUnited NA CD 222,823 12/8/2026 1104 0.2% 1.94 Capital One NA CD 223,163 12/8/2026 1104 0.2% 1.94 1st Source Bank CD 246,013 1/19/2027 1146 0.2% 2.22 Baxter CU CD 245,268 1/25/2027 1152 0.2% 2.23 Generations Bank C D 233,378 5/6/2027 1253 0.2% 2.31 Essential CU CD 245,608 6/15/2027 1293 0.2% 2.51 First Technology FCU CD 235,474 8/5/2027 1344 0.2% 2.50 Optum Bank Draper CD 238,939 9/13/2027 1383 0.2% 2.61 Preferred CU CD 247,405 9/15/2027 1385 0.2% 2.70 Iriquois Fed CD 243,863 9/17/2027 1387 0.2% 2.67 Negotiable Certificates of Deposit 2,381,932 2,381,9332aacc�1 �,�,ff (� PFepaxe�b�§a}f�n LDS
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
November 30,2023
No.of
days until Days to maturity Total by
November 30,2023 Market Value Availability maturity Weight weighted average maturity US Treasury Note _ 220,820 3/31/2027 1217 0.2% 2.12 US Treasury 220,820 220,820
6,086,508 3-4 years
Federal Home Ln Bks DEB 1,476,525 2/16/2028 1539 1.2% 17.93 Federal Home Ln Bks DEB 594,648 2/22/2028 1545 0.5% 7.25 Federal Home Ln Bks DEB 1,994,660 9/8/2028 1744 1.6% 27.45 Government Securities 4,065,833 4,065,833 True Sky Credit CD 242,440 11/30/2027 1461 0.2% 2.79 Rogue CU CD 248,650 12/23/2027 1484 0.2% 2.91 Freedom Northwest CD 243,044 1/19/2028 1511 0.2% 2.90 Amoco FCU CD 243,457 2/8/2028 1531 0.2% 2.94 Customers Bank CD 247,903 6/14/2028 1658 0.2% 3.24 TTCU Federal CU CD 246,603 7/26/2028 1700 0.2% 3.31 Tucson FCU CD 246,565 9/8/2028 1744 0.2% 3.39 American Exp CD 242,333 9/13/2028 1749 0.2% 3.34 Discover Bank CD 242,940 9/18/2028 1754 0.2% 3.36 Southern First CD 239,791 10/17/2028 1783 0.2% 3.37 Negotiable Certificates of Deposit 2,443,725 2,443,725 6,509,558 4-5 years
Total Investments $ 126,747,072 100% $ 530 126,747,072 Average Maturity in Days 530
Average Maturity in Years: 1
PFepareq b9 Da n-V
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority CA Government Code Section 53607
Monthly Transaction Report
For Period Ended
November 30,2023
Issue Par Market Maturity
Investment Name CUSIP ID Date Cost Value Value Date Sales&Maturities
Federal Farm Credit Bks DEB 3133EMHL9 11/30/2020 1,000,000.00 1,000,000.00 995,940.00 11/30/2023 Sales&Maturities Subtotal 1,000,000.00 1,000,000.00 995,940.00 Prepafed i ' Ming:man
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
November 30, 2023
61 days 121 days 1 year 2 years 3 years
1 day to 30 to 120 to 180 181 days to to 2 to 3 to 4 4 years to Investment Portfolio days days days 1 year years years years 5 years State Local Agency Investment Fund 1,119
California Asset Management Plan 30,796
Bank Accounts and Change Funds 7,044
Negotiable Certificates of Deposit 498 953 1,233 3,490, 6,287 6,536 2,382 2,444 Government Securities 498 1,256 - 4,593 19,491 25,937 3,484 4,066 i Money Market Fund 1,535 - - - - - - - Municipal Bonds - - - 24 308 1,178 - - US Treasury - - - - - 1,375 221 - Total Cash and Investments 41,490 2,209 1,233 8,108 26,086 35,025 6,087 6,510 Percentage 32.7% 1.7% 1.0% 6.4% 20.6% 27.6% 4.8% 5.1%
INVESTMENTS BY MATURITY
1 day to 30
days 32.7%
4 years to 5 -
years 5,1%
3 years to 4
years 4.8% 61 days to 120
days 1.7%
121 days to
180 days 1.0%
181 days to 1...
2 years to 3
years 27 6%
1 year to 2... 1
Prepar€fI $h1f cil
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Bank Accounts and Change Funds
For Period Ended
November 30,2023
Account Insured Collateralized Total
Name Institution Deposits Deposits Deposits
Petty Cash
City of Upland City of Upland $ - $ 34,100 $ 34,100 City of Upland
Payroll Zero Balance Account Chase - - - City of Upland
Checking Account Chase 250,000 6,756,311 7,006,311 City of Upland
Successor Agency Chase - 3,329 3,329 Totals $ 250,000 $ 6,793,740 $ 7,043,740
PreparentiParMeofQ1M
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
Average Yield On Investment Portfolio
Month Yield
December-2022 2.17%
January-2023 2.43%
February-2023 2.62%
April-2023 2.87%
May-2023 2.99%
June-2023 3.17%
July-2023 3.31%
August-2023 3.43%
September-2023 3.53%
October-2023 3.67%
November-2023 3.84%
Average Yield On Investment Portfolio
4.50%
4.00%
3.50%
3.00%
2.50%
2.00%
1.50%
1.00%
0.50%
0.00%
L1 'L'' '3 3 �i Lei ne), L3 4-5 no) n3 LO ti0 ,y0 10 10 y0 LO ,LO LO Lp tip Lp ce
,00 aPQ 4\ ,�a .0OJy�Se 60e ee
`e <<e e4" 0 \-\° c
Preparegpk @atgeptCllo
TREASURER'S REPORT
City of Upland-Successor Agency- Public Financing Authority Investment Summary
12-Month Market Value Analysis
December-2022 January-2023 February-2023 March-2023 April-2023 May-2023 June-2023 July-2023 August-2023 September-2023 October-2023 November-2023 Investment Portfolio
State Local Agency Investment Fund(LAIF) 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 3,065,740 1,115,944 1,118,938 California Asset Management Plan(CAMP) 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 30,511,128 30,655,126 30,795,733 Negotiable Certificates of Depose 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 23,734,007 24,947,630 25,067,720 Money Market Fund 3,056,568 9,355,964 343,230 1,232,406 1,800,250 6,476,120 3,094,006 544,366 3,331,015 1,416.006 373,395 1,534,652 Municipal Bonds 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 1,494,993 1,497,169 1,510,198 Government Agency Securities 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 58,260,760 58,443,604 58.080,656 -
Corporate Bonds 499,760 - - - - _ - -
US Treasury 1,340,565 1,358,670 1,338,225 1.367 220 1.372.680 2,350,895 2,561,858 2.569,213 1,577,943 1,573,238 1,576,070 1.595,435 Total Investments $ 91,703,346 S 101,483,615 $ 100,737,201 $ 102,848,167 $ 99,076.407 $ 111,835,644 $ 116,043,930 $ 121,482,183 $ 122,026,498 $ 120,055,871 $ 118.008.939 0 119,703,332 Weighted Average Days to Maturity 606.13 610.90 693.49 668.55 631.55 526.34 508.51 532.00 529.41 563.07 559.72 559.72 Blended Yield: 1.68% 1.95% 2.13% 2.19% 2.21% 2.52% 2.42% 2.58% 2.93% 3.01% 3.02% 3.02% Cash
Bank Accounts and Chasms of Funds 12,501,251 9,339,706 6,531,258 6,695,608 13,639.754 15,519957 19,573,164 7,675.465 3,307,087 4,661.508 4,719,830 7,0437.40 Total Cash $ 12,501,251 $ 9,339,706 $ 6,531,258 $ 6,695,608 $ 13,639.754 $ 15,519,957 $ 19.573,164 $ 7,875.465 $ 3,307,087 $ 4,661,508 $ 4,719,630 S 7,043,740 Total Cash and Investments $ 104,204,597 $ 110,823,321 $ 113.456.005 $ 109.543.775 $ 112,716.161 .5 127.355,601 $ 13.5.617 094 $ 129,607,649 $ 125,333 584 $ 124,717,379 $ 123 328,768 $ 126,747,072 PARS Investment Portfolio
115 Trust-OPEB Investment 1,652,912 1,739,967 1,694,867 1,724,852 1,737,104 1,720,017 1.780.155 1,818,663 1,783,295 1,717,318 1,722,469 1,722,469 115 Trust-Pension Investment 2.581,314 2,686,340 2620.466 2,673,710 2,690,221 2,663.234 3876,869 4,566,993 4.509472 4,370,416 4,432,144 4432,144 Total Restricted Funds Held in Trust $ 4,234,227 '$ 4,426,307 $ _ 4,315,333 $ 4.398.562 $ 4,427 325 $ 4,383,251 $ 5.657.024 $ 6,385,657 $ 6,292 767 $ 6.087,734 $ 6.154,613 S 6 154,613 Benchmarks:
LAIF 2.17% 2.43% 2.62% 2.83% 2.87% 2.99% 3.17% 3.31% 3.43% 3.53% 3.67% 3.67% CAMP 4.30% 4.56% 4.73% 4.92% 5.01% 5.20% 5.27% 5.43% 5.54% 5.55% 5.56% 5.57% 2yr U.S.Treasury 4.38% 4.21% 4.81% 4.06% 4.04% 4.40% 4.87% 4.88% 4.85% 5.03% 4.95% 4.73% Syr U.S.Treasury 3.82% 3.63% 4.18% 3.60% 3.51% 3.74% 4.13% 4.18% 4.23% 4.60% 4.67% 4.31% Restricted Funds with Fiscal Agent
Wtr Sys Lease Rev Ref Bonds 2021 0 0 0 48,960 0 0 0 0 0 73,960 25 25 Wtr Revenue Bonds 2022 15,500,464 1.550,053 15,500,593 15,643,806 15,500,784 15,500,848 15,500,914 15,500,977 15,501,043 16,509,197 15,501,173 15,501,239 Successor Agency TAN 2013/TAN 2016-MI 2,256,099 2,256.118 2,543,569 2,256,134 2,256.143 2.256,143 2,256,162 2,256,172 2,892,444 10 10 10 Colonies CFD Area#1 2022 294,388 294,390 294,391 908,787 908,791 1,640,511 1,640,517 1,640,523 1,640,530 585,586 585,588 585,591 Colonies CFD Area#2 2015 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 1,526,950 1,526,956 1,526,958 Upland 54 CFD 2004 174,035 174,036 227,645 197.826 197,827 261,002 261,003 261,004 261,005 166,186 166,187 166,188 Sycamore Hills CFD 2015-1 1,036,444 1,036,449 1,036,457 852,152 852,155 1,076,844 1,076,848 1,076,852 1,102,057 737,752 737,756 737,759 Sycamore Hills CFD 2015-1-2 5,756,005 5,256,346 5,256,368 5,312,540 4,262,553 4,544,921 4,544,939 1,104,332 1,124,072 765,827 765,830 765,833 Harvest at Upland CFD 2016.1 Area#1 559,833 562,988 886,081 711,689 714,159 890,929 893,973 897,321 904,297 571,804 574,056 576,398 Harvest at Upland CFD 20161 Area#2 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 2,289,308 2,289,318 2,289,328 4,010,977 3.998701 4,013,696 4,029.216 3.992.422 4,007,837 4.023,801 Total Restricted Funds $ 29.419.184 $ 14,972,329 $ 30,567,956 $ 30,365,086 $ 29,125,623 $ 35,493,019 $ 35,483.921 $ 32.061,765 $ 32,765,574 $ 27,219.003 $ 26,154,735 $ 26.173,129 Pape 72 of 102
12/19/2023
�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: January 8,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
JESSICA GANDARA,RECREATION&COMMUNITY SERVICES MANAGER
SUBJECT: CONSIDER APPROVAL FOR THE PROCUREMENT OF REPLACEMENT PLAYGROUND
EQUIPMENT AT OLIVEDALE PARK
RECOMMENDED ACTION:
It is recommended that the City Council approve the procurement of replacement playground equipment at Olivedale Park in the amount of$180,317.72, authorize a budget adjustment of$80,400 from Quimby Fees; and authorize the City Manager to execute any documents necessary to complete the purchase.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining first rate parks and recreational facilities,thus enhancing the desirability of the City of Upland as a place to live and strengthen the community image.
BACKGROUND
As a result of Proposition 68 (Prop 68)passing in 2018, the City of Upland was allocated funding through the Per Capita Program. Staff identified projects to be completed with these funds,including the replacement of the existing picnic shade structure,the addition of a second picnic shade structure, and the full replacement of the playground at Olivedale Park.The playground would meet the City's matching fund requirements. The project was approved at the December 13,2021 meeting of the City Council.
On December 12 2022, staff included the playground replacement at Olivedale Park on the Quimby Fee Project Identification report, as it was apparent that additional funding would be needed to complete the desired projects at Olivedale Park.
The Quimby Fee Project Identification report provided to City Council on October 9,2023 identified over$320,000 for a playground replacement at Olivedale Park.
ISSUES AND ANALYSIS
The playground at Olivedale Park will be replaced and enhanced to become the City's first "universally inclusive" playground that will include a ramp, Alta-Glide wheelchair deck, multiple slides at various heights, a variety of climbers, steps, and ladders, and other ground level activities like the popular ten-spin and sensory activities.
Additionally,a separate"tot lot"will be created where the existing sand pit is located and will include a play structure for children ages 2-5 and the City's first"generational swing"set.
Staff have selected Miracle Playgrounds for the project at Olivedale Park through Sourcewell Contract#010521-LTS-
3. Utilizing Miracle Playground equipment will be beneficial as it will continue the consistency the city has in playgrounds. Selecting Miracle will ensure that the Public Works Department can efficiently maintain and repair the playground with the existing inventory of parts.
Staff will be going out to competitive bid for the installation of the playground equipment in a separate action, and will come back to the City Council for approval once that competitive bid process is complete.
ENVIRONMENTAL DETERMINATION
The purchase of equipment 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
With this action,City Council will authorize a budget adjustment of$80,400 appropriating Quimby fees collected in the neighborhood of Olivdale Park and authorize the purchase of playground equipment in the amount of$180,317.72 from the Park Acquisition and Development Capital Project Fund (421-5420-83001). $100,000 was previously budgeted for this acquisition in conjunction with the approval of the FY 23/24 budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Determined to be Exempt pursuant to Section 15302.
Payment Address Estimate Number MREC 5468
1111Miracle Miracle Recreation Equipment Company
Estimate Date 12-21-2023
PO Box 734154
Dallas TX 75373-4154 Expiration Date 01-20-2024 Phone#(800)264-7225
Fax#(877)215-3869
[email protected]
www.miracle-recreation.com
Customer City of Upland
Name Jessica Gandara
Phone 909.931.4287
Email [email protected]
Sales Rep Rob Fryhoff
Email [email protected]
Payment Terms Net 30
Project Name
Olivedale Park, City of Upland-Miracle Playground
Item#&Description Quantity Total
MREC 5-12 1 $129,627.54
Ages 5-12 Year Old Playground from
Miracle Recreation Equipment Company.
Per Attached Drawing Number R0036_45205620334.
MREC 2-5 1 $24,982.06
Ages 2-5 Year Old Playground from
Miracle Recreation Equipment Company.
Per Attached Drawing Number R0036_45205620334.
Engineering Fee for Integrated Shade Only 1 $850.00 Freestanding Miracle Products
$155,459.60
7.75% Sales Tax $12,048.12
Product Total $167,507.72
Item Description Quantity Rate
Freight Miracle Freight Miracle 1 $12,810.00 Shipping and Handling Charges for
Miracle Recreation Equipment. All prices
are FOB Monett MO.
$12,810.00
Sales Tax $0.00
Shipping, Handling and Non Taxable Services Total $12,810.00 Grand Total $180,317.72
NOTES AND EXCLUSIONS:
• Playground equipment per Sourcewell Contract#010521-LTS-3 or CMAS 4-22-06-1021. • This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: Demo, Site Work, Installation, Safety Surfacing, Fees&Permits are not included. • Footing calculations for playground equipment can be added for an additional fee if required. • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales, 1101 California Ave,Suite 209, Corona, CA 92881.
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN.Miracle objects to any other terms proposed by the customer in writing or otherwise,as material alterations,and all such terms shall be void.The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified.Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above.The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes,license fees,levies,and dismiss other impositions on the equipment at its sole expense.
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PHONE NO: installation of either a Miracle safety sign or 9106 Pulsar Ct,Suite C (800)264-7225 other appropriate safety signa a near each Corona,CA FAX NO:(877)215-3869 playsystem's main entry point(s)to inform parents and supervisors of the age
GROUND SPACE:6T-0"x 87'-0" appropriateness of the playsystem and general rules for safe play. AN ENERGY ABSORBING PROTECTIVE PROTECTIVE AREA:71'-6"x 99'-6" SURFACE IS REQUIRETE�I EBiter ALL `RAWN BY:Robert Fryhoff I DATE:5/2/2023 PLAY SYSTEMS y" �:.�t( J
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CITY OF UPLAND
QUIMBY FEE PROJECT IDENTIFICATION
As of January 8,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds Unallocated Current Balance $690,707
Transfer to Greenbelt Park Planned ($209,271) Transfer to Sierra Vista Park Approved ($57,500) Transfer to Sierra Vista Park Planned ($141,436) Transfer to Baldy View Park Approved ($57,500) Transfer to 13th Street Park Planned ($225,000) Unallocated Totals ($690,707) $690,707
DISTRICT 1 PARKS
Greenbelt Park Current Balance $425,453
Transfer In from Unallocated Planned FY 24/25 $209,271 Netting Planned FY 24/25 ($235,719)
Fencing Planned FY 24/25 ($100,000)
Playground Surfacing Planned FY 24/25 ($50,000) Playground Shade Planned FY 24/25 ($100,000) Picnic Shelter Planned FY 24/25 ($149,005) Greenbelt Park Totals ($634,724) $634,724 San Antonio Park Current Balance $0
Sports Park(Sycamore Hills)Current Balance $2,812,768 Master Plan Approved FY 23/24 ($85,966)
Sports Complex Inactive Unknown ($2,726,801) Sports Park(Sycamore Hills)Totals ($2,812,768) $2,812,768 DISTRICT 2 PARKS
13th Street Reservoir Park Current Balance $0 Transfer in from Unallocated Planned FY 24/25 $225,000 Playground Planned FY 24/25 ($75,000) Basketball Court Resurface/Paint Planned FY 24/25 ($50,000) Security Lighting Planned FY 24/25 ($100,000) 13th Street Reservoir Park Current Balance ($225,000) $225,000 Magnolia Park Current Balance $0
CITY OF UPLAND
QUIMBY FEE PROJECT IDENTIFICATION
As of January 8,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds McCarthy Park Current Balance $740,544
Sandpit Repurpose Planned FY 25/26 ($88,250) Basketball Court Resurface/Paint Planned FY 25/26 ($50,000) Exercise Area - Replace Planned FY 25/26 ($100,000) Horseshoe Pits- Replace Planned FY 25/26 ($10,000) Restroom Epoxy Active FY 23/24 ($25,000)
Restroom - Partitions, Sinks,Toilets Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Playground Replacement and Resurface Planned FY 25/26 ($434,794) McCarthy Park Totals ($740,544) $740,544 Sierra Vista Park Current Balance $0
Transfer in from Unallocated Approved FY 23/24 $57,500 Transfer in from Unallocated Planned FY 24/25 $141,436 Restrooms- Epoxy Active FY 23/24 ($25,000)
Restrooms- Partitions,Toilets,Sinks Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Picnic Shelters Planned FY 24/25 ($141,436) Sierra Vista Park Totals ($198,936) $198,936 DISTRICT 3 PARKS
Baldy View Park Current Balance $783,770
Transfer In From Unallocated Approved FY 23/24 $57,500 Restrooms- Epoxy Active FY 23/24 ($25,000)
Restrooms- Partitions,Toilets,Sinks Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Irrigation Replacement Active FY 23/24 ($300,000) Dog Park Renovation and Upgrades Active FY 23/24 ($483,770) Baldy View Park Totals ($841,270) $841,270
CITY OF UPLAND
QUIMBY FEE PROJECT IDENTIFICATION
As of January 8,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds Cabrillo Park Current Balance $646,837
Accessibility Path Planned FY 24/25 ($200,000) Playground Replacement Planned FY 24/25 ($150,000) Playground Resurfacing Planned FY 24/25 ($100,000) Repurpose/Resurface Sandpit Planned FY 24/25 ($50,000) Basketball Court Resurface/Paint Planned FY 24/25 ($50,000) Restroom- Epoxy Active FY 23/24 ($25,000)
Restroom -Toilets, Partitions,Sinks, Fixtures Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Water Stations Planned FY 24/25 ($39,337) Cabrillo Park Totals ($646,837) $646,837 Citrus Park Current Balance $48,433
Concessions Stand Roof Replacement Active FY 22/23 ($10,245) Accessibility Path Planned FY 24/25 ($30,688) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Citrus Park Totals ($48,433) $48,433 DISTRICT 4 PARKS
9th and Bodenhamer Park Current Balance $802,840 9th and Bodenhamer Park Creation Planned FY 24/25 ($802,840) 9th and Bodenhamer Park Totals ($802,840) $802,840 Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Current Balance $2,055,149 Picnic Shelters-Olivedale Active FY 23/24 ($59,380) Playground Replacement-Olivedale Planned FY 23/24 ($331,026) Accessibility Paths Planned FY 23/24 ($29,743) Full Restroom Replacement Active FY 23/24 ($125,000) Downtown Parklets Project Active FY 23/24 ($450,000) Urban Plaza Park Project Active FY 23/24 ($1,060,000) Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Totals ($2,055,149) $2,055,149 Memorial Park Current Balance $78,681
South Field Renovations Planned FY 23/24 ($78,681) Memorial Park Totals ($78,681) $78,681 Total Projects ($9,085,182) $9,085,182
City of Upland
Summary of Quimby Fee Activity FY 2007 to FY 2023
As of December 31,2023
Description Total FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 FY 14/15 FY 13/14 FY 12/13 FY 11/12 FY 10/11 FY 09/10 FY 08/09 FY 07/08 FY 06/07 Unallocated:
Quimby Fees Earned $ 2,079,235 - (229,550) 229,550 - 492,200 233,882 - 370,316 416,152 368,428 - 10,700 - 182,628 - - - 4,929 Interest Allocated $ (74,493) - (97,912) (91,963) (174) 55,419 30,778 16,485 7,061 1,675 953 21 108 998 1,309 49 22 677 - Quimby Fees Transferred $ (1,800,474) (115,000) (1,464,000) - (59,990) - - - - - - - (141,984) - (19,500) - - - - Balance $ 204,268 (115,000) (1,791,462) 137,587 (60,164) 547,619 264,660 16,485 377,377 417,827 369,381 21 (131,176) 998 164,437 49 22 677 4,929 District 1
Greenbelt Park:
Quimby Fees Earned $ 417,300 - - - - - - 160,500 256,800 - - - - - - - - - - Interest Allocated $ 8,153 - (1,577) (18,605) (39) 12,147 8,981 5,732 1,514 - - - - - - - - - Balance $ 425,453 - (1,577) (18,605) (39) 12,147 8,981 166,232 258,314 - - - - - - - - - - Sports Park(Sycamore Hills):
Quimby Fees Earned $ 3,150,526 - - 214,000 1,607,406 387,520 363,800 577,800 - - - - - - - - - - - Interest Allocated $ (77,106) - (3,777) (122,723) (241) 30,480 14,691 4,464 - - - - - - - - - - - Park Development Costs $ (260,653) - (184) - - (8,851) - - - - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) Balance $ 2,812,768 - (3,961) 91,277 1,607,165 409,149 378,491 582,264 - - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) Total District 1 $ 3,238,221 - (5,537) 72,672 1,607,126 421,296 387,472 748,496 258,314 - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) District 2
Magnolia Park:
Quimby Fees Received $ 79,490 - - - 59,990 - - - - - - - - - 19,500 - - - - Interest Allocated $ - - - - - - - - - - - - - - - - - - - Playground Equipment $ (59,990) - - - (59,990) - - - - - - - - - - - - - - Recreation Center Courtyard $ (19,500) - - - - - - - - - - - - - (19,500) - - - - Balance $ - - - - - - - - - - - - - - - - - - - McCarthy Park:
Quimby Fees Earned $ 716,060 - - - 42,800 - - - - - 192,600 203,300 74,900 74,900 32,100 64,200 - 31,260 - Interest Allocated $ 24,484 - (2,845) (32,389) (69) 19,980 14,772 9,428 4,038 1,386 1,591 261 775 1,224 1,030 863 141 4,296 - Balance $ 740,544 - (2,845) (32,389) 42,731 19,980 14,772 9,428 4,038 1,386 194,191 203,561 75,675 76,124 33,130 65,063 141 35,556 - Sierra Vista Park:
Quimby Fees Received $ - - - - - - - - - - - - - - - - - - - Transfers In $ 57,500 57,500 - - - - - - - - - - - - - - - - - Interest Allocated $ - - - - - - - - - - - - - - - - - - - Other Services $ - - - - - - - - - - - - - - - - - - - Balance $ 57,500 57,500 - - - - - - - - - - - - - - - - - Total District 2 $ 798,044 57,500 (2,845) (32,389) 42,731 19,980 14,772 9,428 4,038 1,386 194,191 203,561 75,675 76,124 33,130 65,063 141 35,556 - District 3
Baldy View Dog Park:
Quimby Fees Earned $ - - - - - - - - - - - - - - - - - - - Interest Allocated $ - - - - - - - - - - - - - - - - - - - Transfer in from Unallocated $ 857,500 57,500 800,000 - - - - - - - - - - - - - - - - Dog Park Improvements 82339 $ (16,230) - (16,230) - - - - - - - - - - - - - - - - $ 841,270 57,500 783,770 - - - - - - - - - - - - - - - -
City of Upland
Summary of Quimby Fee Activity FY 2007 to FY 2023
As of December 31,2023
Description Total FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 FY 14/15 FY 13/14 FY 12/13 FY 11/12 FY 10/11 FY 09/10 FY 08/09 FY 07/08 FY 06/07 Cabrillo Park:
Quimby Fees Earned $ 624,237 - - - - 55,092 - - - - - - 50,615 74,900 428,000 15,630 - - - Interest Allocated $ 22,600 - (2,480) (28,290) (60) 18,470 12,515 7,987 3,421 1,175 1,348 309 1,566 3,062 3,441 135 - - - Balance $ 646,837 - (2,480) (28,290) (60) 73,562 12,515 7,987 3,421 1,175 1,348 309 52,181 77,962 431,441 15,765 - - - Citrus Park:
Quimby Fees Earned $ 55,092 - - - - 55,092 - - - - - - - - - - - - - Interest Allocated $ (904) - (78) (2,364) (5) 1,544 - - - - - - - - - - - - - Snackbar replacement#82346 $ (5,755) - (5,755) - - - - - - - - - - - - - - - - Balance $ 48,433 - (5,833) (2,364) (5) 56,636 - - - - - - - - - - - - - Total District 3 $ 1,536,540 57,500 775,457 (30,655) (65) 130,198 12,515 7,987 3,421 1,175 1,348 309 52,181 77,962 431,441 15,765 - - - District 4
9th and Bodenhamer Park
Quimby Fees Earned $ 233,548 - 137,730 - (87,822) 183,640 - - - - - - - - - - - - - Interest Allocated $ 728 - (512) (3,897) (8) 5,145 - - - - - - - - - - - - - Transfer in from Unallocated $ 664,000 - 664,000 - - - - - - - - - - - - - - - - Professional Services-Park Design $ (95,437) - - (1,968) (93,469) - - - - - - - - - - - - - - Balance $ 802,840 - 801,218 (5,864) (181,299) 188,785 - - - - - - - - - - - - - Olivedale Park/8th St.Reservoir Park/
Urban Plaza/Downtown Parklets:
Quimby Fees Earned $ 2,232,166 - - - - - - 119,366 716,196 624,376 459,100 - - - - - - 313,128 - Interest Allocated $ 105,894 - 158 (79,891) (170) 53,474 39,537 25,233 10,695 2,222 1,823 172 873 1,872 2,456 3,031 1,381 43,028 - Artificial Turf Instal-Warden Field $ (100,000) - - - - - - (100,000) - - - - - - - - - - - Safety Net Warden Field $ (24,937) - - - - - - - - - - - - - (24,937) - - - - Hawkins Field Improvements $ (18,891) - - - - - - - - - - - - - (11,916) - (6,975) - - Urban Plaza Design/Development $ (139,083) - (90,853) (14,561) (33,669) - Balance $ 2,055,149 - (90,695) (94,452) (33,839) 53,474 39,537 44,599 726,891 626,598 460,923 172 873 1,872 (34,397) 3,031 (5,594) 356,156 - Memorial Park:
Quimby Fees Earned $ 156,094 - 55,092 - - 101,002 - - - - - - - - - - - - - Quimby Fees Received $ 141,984 - - - - - - - - - - - 141,984 - - - - - - Interest Allocated $ 896 - (200) (1,028) (2) 2,127 - - - - - - - - - - - - - Rotary Field $ (78,509) - - (1,040) (52,364) (17,717) (7,388) - - - - - - - - - - - - Purchase Landecena Building $ (141,984) - - - - - - - - - - - (141,984) - - - - - - Balance $ 78,481 - 54,892 (2,068) (52,367) 85,411 (7,388) - - - - - - - - - - - - Total District 4 $ 2,936,471 - 765,415 (102,384) (267,505) 327,671 32,149 44,599 726,891 626,598 460,923 172 873 1,872 (34,397) 3,031 (5,594) 356,156 - Fund Balance-6/30/2022 $ 8,713,543 - (258,972) 44,832 1,322,123 1,446,763 711,569 826,995 1,370,042 1,046,986 1,006,621 203,910 (5,352) 154,175 567,888 73,745 (159,427) 361,717 (72)
, trpl" CITY FUPLAND
5, i6 "The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: January 8,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:BRADEN YU,PUBLIC WORKS DIRECTOR
BOB CRITCHFIELD,ENGINEERING MANAGER
STEVEN NIX,CONSULTANT PROJECT MANAGER
SUBJECT: AWARD OF BID FOR PROJECT NO. 80001 &80002,POLICE DEPARTMENT MEN'S AND WOMEN'S LOCKER REPLACEMENT PROJECT(BID NO.2023-12)
RECOMMENDED ACTION:
It is recommended that the City Council approve the Plans and Specifications for Project No. 80001 & 80002, PD Men's and Women's Locker Replacement Project; award the construction contract to Y4M Developing Inc. DBA Construction Masters in the amount of $620,763.00 (Base bid amount plus additive bid item #6); approve a construction contingency in the amount of$104,237,for a total amount of$725,000;and authorize the City Manager to execute any extensions,and any future amendments within the City Manager's authority.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving the City's public building facilities.
BACKGROUND
The City recently completed design and construction documents for the PD Men's and Women's Locker Replacement Project. Specific improvements include the removal and replacement of all existing lockers within the men's and women's locker room,expansion of the women's locker room to accommodate an additional 9 lockers,demolition of the existing sauna room and storage room to create additional work-out area, and replacement of all vinyl flooring within the designated project area. This project will increase the number of lockers by 15 within the two locker rooms as well as bring the facility into compliance with current ADA regulations.
The City established a base bid schedule for work described above along with an additive bid item to provide an epoxy coating surface to the existing tiled shower walls and floors within the men's and women's shower rooms that could be included at the City's discretion,depending on a fair price received and allowable sufficient budget available.
ISSUES AND ANALYSIS
The PD Men's and Women's Locker Replacement Project Notice Inviting Bids (NIB)was advertised on November 10,2023 and November 17,2023 in accordance with the California Public Contract Code (Section 20164),and was also listed on the City's website and distributed to various electronic plan rooms. On December 12, 2023, a public bid opening was held in which the City received and opened 6 bids for the Project,under Bid No.2023-12,as follows:
BIDDER BID AMOUNT
Y4M Developing Inc,DBA Construction Masters $581,178.00 Wakeco,Inc. $616,525.00
BBS Construction,Inc. $625,000.00
East West Building Solutions,Inc. $649,520.00
Newbuild Construction and Restoration,Inc. $690,500.00 DHI Construction,Inc. $710,000.00
The low bidder was Y4M Developing DBA Construction Masters with a base bid amount of$581,178. Staff reviewed the bid information,including Y4M Developing,Inc's bid calculations and found no discrepancies with the bid or the bid documents and confirmed that Y4M Developing, Inc. is the lowest responsible and responsive bidder. The bid
amount for the additive bid item is$39,585 and it is staff's recommendation that City Council award the base bid and the additive bid item for a total amount of$620,763.
ENVIRONMENTAL DETERMINATION
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves replacement of existing equipment within the existing facility footprint and does not involve any expansion of use beyond that which is existing.
FISCAL IMPACTS
The City's adopted Fiscal Year 2023-24 Capital Improvement Program (FY 23-24 CIP) budget does not contain sufficient funding for the project,however an additional$500,000 in funding has been pledged to the project by San Bernardino County Supervisors Curt Hagman and Jesse Armandarez, and is considered for acceptance by the City Council on January 8,2024. The estimated project costs and funding are summarized below:
Estimated Project Costs
Basic Bid Amount $581,178
Additive Bid Item#6(Epoxy Coating of Men's&Women's Showers) $39,585 Construction Contingency $104,237
Total Contract Work: $725,000
Construction Administration and Inspection $50,000 Total Estimated Project Cost: $775,000
FY 23-24 Funding
CIP Account 420-7500-80001 (Development Funds) $225,000 CIP Account 420-7500-80002(Development Funds) $329,748 County Supervisor Hagman Grant Fund 217 $250,000 County Supervisor Armandarez Grant Fund 217 $250,000 Total Project Funding $1,054,478
ALTERNATIVES
1. Reject all bids and authorize the City Clerk to re-advertise the Project. Due to a successful bidding process, staff does not recommend this alternative.
2. Provide alternative direction to staff.
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities)of the CEQA guidelines.
4,c trpl CITY
UPLAND
„.;
"The City of Gracious Living"
Staff(krctill
C�tIFOB�S
DATE: January 8,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:BRADEN YU,PUBLIC WORKS DIRECTOR
BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: NOTICE OF COMPLETION FOR 17TH STREET ROADWAY UTILITY IMPROVEMENTS RECOMMENDED ACTION:
It is recommended that the City Council accept the work;authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the 17th Street Roadway and Utility Improvement Project.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining the City's public roadway,water,and sewer facilities.
BACKGROUND
On December 12,2022,the City Council awarded the 17th Street Roadway and Utility Improvement Project to Gentry General Engineering, Inc. and authorized up to $2,832,000 (including contingencies) for the work. The project consisted of constructing a new potable water main, and service laterals, fire hydrant upgrades, sewer manhole rehabilitation, reconstruction of asphalt concrete pavement, replacement of deteriorated/displaced concrete curbs, gutters,sidewalks,driveway approaches,and curb ramps,and replacement of obliterated traffic striping and markings.
ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements. The City can now accept the work,file the Notice of Completion,and reduce the Faithful Performance Bond to 10%. The City will retain the Labor Materials Bond for six(6)months and release it,thereafter,provided no liens or stop notices are filed against the project.
ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves repair and maintenance of existing public facilities, and does not involve any expansion of use beyond that which is existing.
FISCAL IMPACTS
The final construction cost of$2,664,896.83 is within the original authorized appropriation of amount of$2,832,000, therefore no additional appropriation is necessary.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c).
Recording requested by
and when recorded mail to:
City of Upland, City Clerk's Office
460 N. Euclid Avenue
Upland, CA 91786
(Space above this line for Recorder's use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:
The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.
Assessors Parcel Numbers N/A, in and to the hereinafter described property.
The work was completed on that certain work known as Project No. 7340, 17th Street Roadway and Utility Improvements for the undersigned City of Upland, a Municipal Corporation, on the 16th day of November, 2023.
The City accepted the job on the 8th day of January, 2024.
The Contractor on said job was Gentry General Engineering, Inc. of Rancho Cucamonga, California.
The improvement(s) consisted of installation of a new potable water main (between San Antonio Avenue & Euclid Avenue) water service laterals, fire hydrant upgrades, replacement of old brick sewer manholes, reconstruction of asphalt concrete pavement; replacement of concrete curbs, gutters, sidewalks, driveway approaches, and ADA curb ramps; and re-striping; and the location of the improvements occurred on 17th Street, from San Antonio Avenue to Euclid Avenue, in Upland, California.
The surety was The Ohio Casualty Insurance Company.
All communications relating to the contract should bear the number above mentioned.
I hereby certify under penalty of perjury that the foregoing is true and correct.
Executed this 8th day of January, 2024 at Upland, California.
City of Upland, a Municipal Corporation
Michael Blay, City Manager
� �p1
4�� 9� CITY FUPLAND
'., _i 6 "The City of Gracious Living" C,,tIFOB,S
'• Staff(krctill
DATE: January 8,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
SUBJECT: CONSIDER APPROPRIATING QUIMBY FEES DESIGNATED FOR MEMORIAL PARK RECOMMENDED ACTION:
It is recommended that the City Council approve a budget amendment appropriating $78,681 in Quimby Fees designated for Memorial Park for capital improvements in Memorial Park.
GOAL STATEMENT
The proposed action supports the City's goal of providing sound fiscal stewardship and of maintaining first rate parks and recreational facilities,thus enhancing the desirability of the City as a place to live.
BACKGROUND
The 1975 Quimby Act(California Government Code §66477)authorized cities to require residential subdivisions to dedicate land for parks or pay fees in lieu of dedication. provides the framework for the requirements of Quimby fees.
On September 25,2006,the City Council adopted a Public Facilities Fee Study that established Development Impact Fees for new construction in Upland, including a Parks (Quimby) fee that increased at the beginning of each of the next three calendar years,culminating in a fee of$10,700 per single family dwelling unit effective January 1,2009.
According to California Government Code §66477(3)(A), Quimby Fees received from a development are intended for use in the neighborhood or community park—usually determined as within'h mile of the development. While the Quimby Act doesn't specify any reporting requirements,Government Code §66477(6)(A)states"The city,county,or other local public agency to which the land or fees are conveyed or paid shall develop a schedule specifying how, when,and where it will use the land or fees,or both,to develop park or recreational facilities to serve the residents of the subdivision."
On December 12,2022,the City Council received and filed financial reports on the collection and use of Quimby Fees for the period of FY 2006/07 through FY 2021/22. In those reports,the summary of Quimby activity from 2007 on were broken out by park and the remaining balance of unspent Quimby Fees was identified along with a plan for how those funds would be spent in the future. Since that time, an updated Quimby Fee Project Identification Form has been provided to City Council every time action involving Quimby Fees has come before City Council.
ISSUES AND ANALYSIS
In the current Quimby Fee Project Identification Form (see attached), the amount of Quimby Fees allocated to Memorial Park is$78,481,but there has been no appropriation of those funds in the FY 23/24 Budget. In an effort to improve baseball fields at Memorial Park, staff are requesting the appropriation of the Quimby Fees dedicated for improvements at Memorial Park. Anticipated purchases with the Quimby Fees include a new scoreboard at Memorial North Field,and at Memorial South Field, shade for dugouts and bleachers or other capital improvements.
ENVIRONMENTAL DETERMINATION
The appropriation of funds is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a "project"and thus is exempt.
FISCAL IMPACTS
The approval of this item will result in a budget amendment appropriating $78,681 in Quimby Fees for capital improvements in Memorial Park.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Determine to be Exempt
CITY OF UPLAND
QUIMBY FEE PROJECT IDENTIFICATION
As of January 8,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds Unallocated Current Balance $690,707
Transfer to Greenbelt Park Planned ($209,271) Transfer to Sierra Vista Park Approved ($57,500) Transfer to Sierra Vista Park Planned ($141,436) Transfer to Baldy View Park Approved ($57,500) Transfer to 13th Street Park Planned ($225,000) Unallocated Totals ($690,707) $690,707
DISTRICT 1 PARKS
Greenbelt Park Current Balance $425,453
Transfer In from Unallocated Planned FY 24/25 $209,271 Netting Planned FY 24/25 ($235,719)
Fencing Planned FY 24/25 ($100,000)
Playground Surfacing Planned FY 24/25 ($50,000) Playground Shade Planned FY 24/25 ($100,000) Picnic Shelter Planned FY 24/25 ($149,005) Greenbelt Park Totals ($634,724) $634,724 San Antonio Park Current Balance $0
Sports Park(Sycamore Hills)Current Balance $2,812,768 Master Plan Approved FY 23/24 ($85,966)
Sports Complex Inactive Unknown ($2,726,801) Sports Park(Sycamore Hills)Totals ($2,812,768) $2,812,768 DISTRICT 2 PARKS
13th Street Reservoir Park Current Balance $0 Transfer in from Unallocated Planned FY 24/25 $225,000 Playground Planned FY 24/25 ($75,000) Basketball Court Resurface/Paint Planned FY 24/25 ($50,000) Security Lighting Planned FY 24/25 ($100,000) 13th Street Reservoir Park Current Balance ($225,000) $225,000 Magnolia Park Current Balance $0
CITY OF UPLAND
QUIMBY FEE PROJECT IDENTIFICATION
As of January 8,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds McCarthy Park Current Balance $740,544
Sandpit Repurpose Planned FY 25/26 ($88,250) Basketball Court Resurface/Paint Planned FY 25/26 ($50,000) Exercise Area - Replace Planned FY 25/26 ($100,000) Horseshoe Pits- Replace Planned FY 25/26 ($10,000) Restroom Epoxy Active FY 23/24 ($25,000)
Restroom - Partitions, Sinks,Toilets Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Playground Replacement and Resurface Planned FY 25/26 ($434,794) McCarthy Park Totals ($740,544) $740,544 Sierra Vista Park Current Balance $0
Transfer in from Unallocated Approved FY 23/24 $57,500 Transfer in from Unallocated Planned FY 24/25 $141,436 Restrooms- Epoxy Active FY 23/24 ($25,000)
Restrooms- Partitions,Toilets,Sinks Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Picnic Shelters Planned FY 24/25 ($141,436) Sierra Vista Park Totals ($198,936) $198,936 DISTRICT 3 PARKS
Baldy View Park Current Balance $783,770
Transfer In From Unallocated Approved FY 23/24 $57,500 Restrooms- Epoxy Active FY 23/24 ($25,000)
Restrooms- Partitions,Toilets,Sinks Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Irrigation Replacement Active FY 23/24 ($300,000) Dog Park Renovation and Upgrades Active FY 23/24 ($483,770) Baldy View Park Totals ($841,270) $841,270
CITY OF UPLAND
QUIMBY FEE PROJECT IDENTIFICATION
As of January 8,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds Cabrillo Park Current Balance $646,837
Accessibility Path Planned FY 24/25 ($200,000) Playground Replacement Planned FY 24/25 ($150,000) Playground Resurfacing Planned FY 24/25 ($100,000) Repurpose/Resurface Sandpit Planned FY 24/25 ($50,000) Basketball Court Resurface/Paint Planned FY 24/25 ($50,000) Restroom- Epoxy Active FY 23/24 ($25,000)
Restroom -Toilets, Partitions,Sinks, Fixtures Active FY 23/24 ($25,000) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Water Stations Planned FY 24/25 ($39,337) Cabrillo Park Totals ($646,837) $646,837 Citrus Park Current Balance $48,433
Concessions Stand Roof Replacement Active FY 22/23 ($10,245) Accessibility Path Planned FY 24/25 ($30,688) Restrooms- Fixture Installation Active FY 23/24 ($7,500) Citrus Park Totals ($48,433) $48,433 DISTRICT 4 PARKS
9th and Bodenhamer Park Current Balance $802,840 9th and Bodenhamer Park Creation Planned FY 24/25 ($802,840) 9th and Bodenhamer Park Totals ($802,840) $802,840 Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Current Balance $2,055,149 Picnic Shelters-Olivedale Active FY 23/24 ($59,380) Playground Replacement-Olivedale Planned FY 23/24 ($331,026) Accessibility Paths Planned FY 23/24 ($29,743) Full Restroom Replacement Active FY 23/24 ($125,000) Downtown Parklets Project Active FY 23/24 ($450,000) Urban Plaza Park Project Active FY 23/24 ($1,060,000) Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Totals ($2,055,149) $2,055,149 Memorial Park Current Balance $78,681
South Field Renovations Planned FY 23/24 ($78,681) Memorial Park Totals ($78,681) $78,681 Total Projects ($9,085,182) $9,085,182
City of Upland
Summary of Quimby Fee Activity FY 2007 to FY 2023
As of December 31,2023
Description Total FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 FY 14/15 FY 13/14 FY 12/13 FY 11/12 FY 10/11 FY 09/10 FY 08/09 FY 07/08 FY 06/07 Unallocated:
Quimby Fees Earned $ 2,079,235 - (229,550) 229,550 - 492,200 233,882 - 370,316 416,152 368,428 - 10,700 - 182,628 - - - 4,929 Interest Allocated $ (74,493) - (97,912) (91,963) (174) 55,419 30,778 16,485 7,061 1,675 953 21 108 998 1,309 49 22 677 - Quimby Fees Transferred $ (1,800,474) (115,000) (1,464,000) - (59,990) - - - - - - - (141,984) - (19,500) - - - - Balance $ 204,268 (115,000) (1,791,462) 137,587 (60,164) 547,619 264,660 16,485 377,377 417,827 369,381 21 (131,176) 998 164,437 49 22 677 4,929 District 1
Greenbelt Park:
Quimby Fees Earned $ 417,300 - - - - - - 160,500 256,800 - - - - - - - - - - Interest Allocated $ 8,153 - (1,577) (18,605) (39) 12,147 8,981 5,732 1,514 - - - - - - - - - Balance $ 425,453 - (1,577) (18,605) (39) 12,147 8,981 166,232 258,314 - - - - - - - - - - Sports Park(Sycamore Hills):
Quimby Fees Earned $ 3,150,526 - - 214,000 1,607,406 387,520 363,800 577,800 - - - - - - - - - - - Interest Allocated $ (77,106) - (3,777) (122,723) (241) 30,480 14,691 4,464 - - - - - - - - - - - Park Development Costs $ (260,653) - (184) - - (8,851) - - - - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) Balance $ 2,812,768 - (3,961) 91,277 1,607,165 409,149 378,491 582,264 - - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) Total District 1 $ 3,238,221 - (5,537) 72,672 1,607,126 421,296 387,472 748,496 258,314 - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) District 2
Magnolia Park:
Quimby Fees Received $ 79,490 - - - 59,990 - - - - - - - - - 19,500 - - - - Interest Allocated $ - - - - - - - - - - - - - - - - - - - Playground Equipment $ (59,990) - - - (59,990) - - - - - - - - - - - - - - Recreation Center Courtyard $ (19,500) - - - - - - - - - - - - - (19,500) - - - - Balance $ - - - - - - - - - - - - - - - - - - - McCarthy Park:
Quimby Fees Earned $ 716,060 - - - 42,800 - - - - - 192,600 203,300 74,900 74,900 32,100 64,200 - 31,260 - Interest Allocated $ 24,484 - (2,845) (32,389) (69) 19,980 14,772 9,428 4,038 1,386 1,591 261 775 1,224 1,030 863 141 4,296 - Balance $ 740,544 - (2,845) (32,389) 42,731 19,980 14,772 9,428 4,038 1,386 194,191 203,561 75,675 76,124 33,130 65,063 141 35,556 - Sierra Vista Park:
Quimby Fees Received $ - - - - - - - - - - - - - - - - - - - Transfers In $ 57,500 57,500 - - - - - - - - - - - - - - - - - Interest Allocated $ - - - - - - - - - - - - - - - - - - - Other Services $ - - - - - - - - - - - - - - - - - - - Balance $ 57,500 57,500 - - - - - - - - - - - - - - - - - Total District 2 $ 798,044 57,500 (2,845) (32,389) 42,731 19,980 14,772 9,428 4,038 1,386 194,191 203,561 75,675 76,124 33,130 65,063 141 35,556 - District 3
Baldy View Dog Park:
Quimby Fees Earned $ - - - - - - - - - - - - - - - - - - - Interest Allocated $ - - - - - - - - - - - - - - - - - - - Transfer in from Unallocated $ 857,500 57,500 800,000 - - - - - - - - - - - - - - - - Dog Park Improvements 82339 $ (16,230) - (16,230) - - - - - - - - - - - - - - - - $ 841,270 57,500 783,770 - - - - - - - - - - - - - - - -
City of Upland
Summary of Quimby Fee Activity FY 2007 to FY 2023
As of December 31,2023
Description Total FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 FY 14/15 FY 13/14 FY 12/13 FY 11/12 FY 10/11 FY 09/10 FY 08/09 FY 07/08 FY 06/07 Cabrillo Park:
Quimby Fees Earned $ 624,237 - - - - 55,092 - - - - - - 50,615 74,900 428,000 15,630 - - - Interest Allocated $ 22,600 - (2,480) (28,290) (60) 18,470 12,515 7,987 3,421 1,175 1,348 309 1,566 3,062 3,441 135 - - - Balance $ 646,837 - (2,480) (28,290) (60) 73,562 12,515 7,987 3,421 1,175 1,348 309 52,181 77,962 431,441 15,765 - - - Citrus Park:
Quimby Fees Earned $ 55,092 - - - - 55,092 - - - - - - - - - - - - - Interest Allocated $ (904) - (78) (2,364) (5) 1,544 - - - - - - - - - - - - - Snackbar replacement#82346 $ (5,755) - (5,755) - - - - - - - - - - - - - - - - Balance $ 48,433 - (5,833) (2,364) (5) 56,636 - - - - - - - - - - - - - Total District 3 $ 1,536,540 57,500 775,457 (30,655) (65) 130,198 12,515 7,987 3,421 1,175 1,348 309 52,181 77,962 431,441 15,765 - - - District 4
9th and Bodenhamer Park
Quimby Fees Earned $ 233,548 - 137,730 - (87,822) 183,640 - - - - - - - - - - - - - Interest Allocated $ 728 - (512) (3,897) (8) 5,145 - - - - - - - - - - - - - Transfer in from Unallocated $ 664,000 - 664,000 - - - - - - - - - - - - - - - - Professional Services-Park Design $ (95,437) - - (1,968) (93,469) - - - - - - - - - - - - - - Balance $ 802,840 - 801,218 (5,864) (181,299) 188,785 - - - - - - - - - - - - - Olivedale Park/8th St.Reservoir Park/
Urban Plaza/Downtown Parklets:
Quimby Fees Earned $ 2,232,166 - - - - - - 119,366 716,196 624,376 459,100 - - - - - - 313,128 - Interest Allocated $ 105,894 - 158 (79,891) (170) 53,474 39,537 25,233 10,695 2,222 1,823 172 873 1,872 2,456 3,031 1,381 43,028 - Artificial Turf Instal-Warden Field $ (100,000) - - - - - - (100,000) - - - - - - - - - - - Safety Net Warden Field $ (24,937) - - - - - - - - - - - - - (24,937) - - - - Hawkins Field Improvements $ (18,891) - - - - - - - - - - - - - (11,916) - (6,975) - - Urban Plaza Design/Development $ (139,083) - (90,853) (14,561) (33,669) - Balance $ 2,055,149 - (90,695) (94,452) (33,839) 53,474 39,537 44,599 726,891 626,598 460,923 172 873 1,872 (34,397) 3,031 (5,594) 356,156 - Memorial Park:
Quimby Fees Earned $ 156,094 - 55,092 - - 101,002 - - - - - - - - - - - - - Quimby Fees Received $ 141,984 - - - - - - - - - - - 141,984 - - - - - - Interest Allocated $ 896 - (200) (1,028) (2) 2,127 - - - - - - - - - - - - - Rotary Field $ (78,509) - - (1,040) (52,364) (17,717) (7,388) - - - - - - - - - - - - Purchase Landecena Building $ (141,984) - - - - - - - - - - - (141,984) - - - - - - Balance $ 78,481 - 54,892 (2,068) (52,367) 85,411 (7,388) - - - - - - - - - - - - Total District 4 $ 2,936,471 - 765,415 (102,384) (267,505) 327,671 32,149 44,599 726,891 626,598 460,923 172 873 1,872 (34,397) 3,031 (5,594) 356,156 - Fund Balance-6/30/2022 $ 8,713,543 - (258,972) 44,832 1,322,123 1,446,763 711,569 826,995 1,370,042 1,046,986 1,006,621 203,910 (5,352) 154,175 567,888 73,745 (159,427) 361,717 (72)
4��a �p19� CITY UPLAND
' _�� "The City of Gracious Living"
C,,tIFOB,S
'• Stafif(krctilt
DATE: January 8,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER CHANGING THE START TIME OF UPLAND CITY COUNCIL MEETINGS RECOMMENDED ACTION:
It is recommended that the City Council discuss changing the start time of closed session to no earlier than 4 p.m.with open session staring at 6 p.m. and consider adopting a Resolution approving the changes to the start time of regular meetings.
GOAL STATEMENT
The proposed action supports the City's goal of open and public discussion of items for Council consideration.
BACKGROUND
The date and time of regular City Council meetings is set by Resolution. Resolution No.6632 established the current date and time of Upland City Council meetings as the second and fourth Monday of each month, except August and December when the second meeting is permanently canceled by Resolution No. 6520. The closed session start time may be as early as 5 p.m. and open session starts at 7 p.m.
Staff checked the start time of nearby cities Council meetings and the open session start time ranged from 6:00 p.m. to 7:00 p.m.
ISSUES AND ANALYSIS
Moving the regular meetings up one hour so they start at 6:00 p.m. instead of 7:00 p.m. is intended to result in an earlier end time while maintaining open and transparent government. Given that meeting times can run past 9 p.m. depending on the number of items for consideration on the agenda,an earlier start time makes it more convenient for those that want to attend meetings to observe or participate in the City's business items up to the meeting's conclusion.
Should the Council wish to move forward with changing the start time of the regular city council meetings, staff has prepared the attached Resolution for adoption.
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.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA SETTING THE TIME FOR REGULAR
MEETINGS OF THE COUNCIL AND REPEALING RESOLUTION NO. 6632
WHEREAS, Section 2.02.010 of the Upland Municipal Code establishes that meeting dates and times be established by resolution per Government Code Section 36805; and
WHEREAS, the City Council on occasion needs additional time to consider items listed on the closed session portion of the regular meeting agenda.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. That the regular meetings of the City Council of the City shall be held in the City Hall of the City of Upland on the second and fourth Monday of each and every month at the hour of 4:00 p.m. of said days for consideration of closed session agenda items. The balance of the agenda will be considered at 6:00 p.m.
Whenever the regular meeting falls on a holiday, the meeting shall be held on the following day. The Mayor or the City Manager can adjust the closed session start time as needed to allow for sufficient time for closed session items.
Section 2. Resolution No. 6632 is hereby repealed in its entirety.
Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 6. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED AND ADOPTED this 8TH day of January, 2024.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 8th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk