Upland City Council
February 12, 2024

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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, February 12, 2024
Open session begins at 6:00 p.m.

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

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 5:00 p.m.

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

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: John Leslie Mowatt v. City of Upland
San Bernardino County District - Civil Division Case No. CIVSB2302422 b. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jeannette Vagnozzi v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2122496

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

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Proclamation Recognizing Reserve Officer Eric Steele upon his retirement from the City with 41 years of service
Presentation of Certificates of Completion to the Upland Community Emergency Response Team (CERT)
Presentation of a check from Upland Kiwanis for the Downtown Parklet Project

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 7
Recommended Action:

Approve the Regular Meeting Minutes of January 22, 2024. (Staff Person: Keri Johnson)
b. DESIGNATION OF A DELEGATE AND ALTERNATE TO THE SOUTHERN 11

CALIFORNIA ASSOCIATION OF GOVERNMENTS GENERAL ASSEMBLY

MEETING

CEQA: Not a Project.

Recommended Action:

Appoint Mayor Pro Tern Breitling as the delegate and Councilmember Carlos A.

Garcia as the alternate delegate to represent the City of Upland at the Southern California Association of Governments (SCAG) General Assembly meeting on May 2, 2024. (Staff Person: Keri Johnson)
c. HOMELAND SECURITY GRANT PROJECT 2021 12 CEQA: Not a Project.

Recommended Action:

Accept the Fiscal Year 2021 Homeland Security Grant funds in the amount of $28,470 and authorize the appropriation of $28,470 to purchase equipment to outfit two current units into mobile command posts and a pole camera. (Staff Person: Marcelo Blanco)
d. ACCEPT A DONATION FROM THE UPLAND FOOTHILL KIWANIS IN THE 40 AMOUNT OF $40,800 TO PURCHASE BENCHES FOR THE DOWNTOWN
UPLAND PARKLETS PROJECT.

CEQA: Not a Project
Recommended Action:

Accept the donation of $40,800 from the Upland Foothill Kiwanis to be applied toward the purchase of benches for the Downtown Upland Parklets Project. (Staff Person: Robert Dalquest)
e. CONSIDER APPROVAL OF AN AGREEMENT WITH BEARCOM FOR THE 41

INSTALLATION OF CAMERAS IN MEMORIAL PARK
CEQA: Not a Project.

Recommended Action:

Approve an agreement with BearCom to purchase camera and networking hardware systems, authorize the City Manager to execute the agreement, and approve the use of $115,509.20 in American Rescue Plan Act (ARPA) funds. (Staff Person: Stephen Parker)
f. CONSIDER APPROVAL OF A TITLE CHANGE AND REVISED JOB 66

SPECIFICATIONS FOR THE FINANCE OFFICER CLASSIFICATION
CEQA: Not a Project
Recommended Action:

Approve the title change from Finance Officer to Finance Manager and the revisions to the job specifications for the Finance Manager classification. (Staff Person: Stephen Parker)
g. CONSIDER APPROVAL OF AN AGREEMENT WITH EPIPE-PIPE 79 RESTORATION INC. FOR CITY HALL PIPE COATING PROJECT
CEQA: Exempt
Recommended Action:

Approve an agreement with ePipe-Pipe Restoration Inc. for the City Hall restroom pipe coating project; and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker)
h. CONSIDER APPROVAL OF AN AMENDMENT TO THE ON-CALL UTILITY 102

MANAGER AND STAFF AUGMENTATION AGREEMENT
CEQA: Not a Project
Recommended Action:

Approve the first Amendment to the On-call Utility Manager and Staff Augmentation Agreement extending the contract term; increasing the contract amount by $80,000 for a total contract amount of $128,600; approving a budget transfer; and authorize the City Manager to execute the amendment and any future amendments/extensions within the City Manager's authority. (Staff Person:

Braden Yu)
i. CONTRACT CHANGE ORDER FOR PARKING LOT &ALLEY REHABILITATION 106 PROJECT EAST OF FIRST AVENUE, NORTH OF "A" STREET
CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) "Existing Facilities" of the CEQA Guidelines.

Recommended Action:

Authorize a contract change order to Gentry General Engineering, Inc. in the amount of $75,019; approve a contingency of $14,981 for a total change order amount of $90,000; approve an additional allocation of ARPA funds of $90,000; and authorize the City Manager to execute any extensions, and any future amendments within the City Manager's authority. (Staff Person: Braden Yu) j. REJECT ALL BIDS FOR BID NO. 24-001, ON CALL SIGNAGE AND STRIPING 114

INSTALLATION, AND RE-ADVERTISE THE PROJECT
CEQA: Not a Project
Recommended Action:

Reject all bids for Bid No. 24-001, On-Call Signage and Striping Installation, and authorize staff to re-advertise the project. (Staff Person: Braden Yu)

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. CONSIDERATION OF AN ORDINANCE REGARDING FIREWORKS 117

REGULATIONS AND HOST'S LIABILITY
CEQA: Not a Project.

Recommended Action:

Hold first reading by title only, waive further reading and introduce an Ordinance

amending Upland Municipal Code (UMC) Section 8.28.040 and adding UMC Section 8.28.045 regarding host's liability to regulate safety measures and ensure the safety of members of the public. (Staff Person: Marcelo Blanco) b. CONSIDERATION OF AN ORDINANCE AMENDING UPLAND CITY PARK 124 HOURS
CEQA: Not a Project.

Recommended Action:

Hold first reading by title only, waive further reading, and introduce an Ordinance amending Upland Municipal Code Section 9.04.090 regarding closing hours for Upland Municipal Parks. (Staff Person: Marcelo Blanco)
c. CONSIDERATION OF AN ORDINANCE AMENDING REGULATIONS RELATED 129

TO OVERNIGHT PARKING OF VEHICLES IN CITY-OWNED PARKING LOTS CEQA: Not a Project
Recommended Action:

Hold first reading by title only, waive further reading, and introduce an Ordinance adding "10.36.040 0" of the Upland Municipal Code regarding parking of vehicles in government owned public parking lots to regulate safety, prevent crime, decrease blight, and prevent storage of vehicles in government owned public parking lots in the City. (Staff Person: Marcelo Blanco) d. CONSIDER CHANGING THE MEETING DAY OF REGULAR UPLAND CITY 135

COUNCIL MEETINGS
CEQA: Not a Project.

Recommended Action:

Discuss changing the regular City Council meetings to the 2"° and 4th Tuesday of the month; and consider holding first reading by title only, waive further reading, and introduce an Ordinance amending Upland Municipal Code Section 2.02.010 changing the regular meeting days of the Upland City Council. (Staff Person: Keri Johnson)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The City Council will adjourn in memory of Paul Brittain, Upland Resident and former Pioneer Jr. High School teacher. The next regularly scheduled City Council meeting is Monday, February 26, 2024.

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

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

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

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] On February 7, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

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

City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, 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 5:00 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 5:00 p.m.

4. CLOSED SESSION
At 5:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
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
The City Council reconvened in open session at 6:00 p.m.

5. INVOCATION
Jim Thomas, Church of Jesus Christ of Latter-Day Saints 1

6. PLEDGE OF ALLEGIANCE
Led by San Bernardino County Assistant Fire Chief Birchfield

7. PRESENTATIONS
Presentation on the FP5 Parcel Tax by San Bernardino County Fire Chief Dan Munsey Recognition of CERT Volunteers and Recreation and Community Services Manager Jessica Gandara for their assistance with the winter storm event, presented by San Bernardino County OES
Recognition of Upland Heritage Vintage Home tour participants presented by Kati Parker

8. CITY ATTORNEY
Assistant City Attorney Rice announced the City Council received a report on Closed Session Item 4a and there was no reportable action during Closed Session.

9. ORAL COMMUNICATIONS
Jim Grigoli, President of the San Bernardino County Firefighters Association, spoke regarding the FP5 parcel tax and the services provided with the funding.

10. CONSENT CALENDAR
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of January 8, 2024. b. APPROVAL OF DECEMBER WARRANT AND PAYROLL REGISTERS Approve the December warrant registers (check numbers 46102-46259, 462560- 462636 and direct disbursements totaling $5,678,065.71 and payroll registers totaling $1,836,623.83 (check numbers 163583-163630 and electronic fund transfers 44684-45252).
c. TREASURER'S REPORT DECEMBER 2023
Receive and file the December 2023 Treasurer's Report.
d. CONSIDER APPROVAL OF SECOND AMENDMENT TO LEASE AGREEMENT

WITH YMCA
Approve the Second Amendment to the Lease Agreement Between the City of Upland and the West End YMCA; and authorize the City Manager to execute the amendment.
e. CONSIDER APPROVAL OF THE FIRST AMENDMENT TO AN AGREEMENT WITH ROBERT HALF INTERNATIONAL, INC. AND APPROVAL OF A BUDGET

ADJUSTMENT
2

Approve the first amendment to the professional services agreement with Robert Half International for staff augmentation services, authorize the City Manager to execute the agreement, and approve a budget adjustment. f. CONSIDER APPROVAL OF AN AGREEMENT FOR ON-CALL GEOGRAPHICAL

INFORMATION SYSTEMS TECHNICIAN STAFFING
Approve an agreement with Nobel Systems for on-call Geographical Information Systems (GIS) staff augmentation services; authorize the City Manager to execute the agreement; and authorize a budget transfer. g. CONSIDER APPROVAL OF A PURCHASE ORDER WITH WEST COAST

LIGHTS AND SIREN
Approve a purchase order with West Coast Lights and Siren for installation and repair of Police and City vehicle emergency equipment in the amount of $140,000; and authorize the City Manager to execute all necessary documents. h. CONSIDER APPROVAL OF AGREEMENTS AND ADOPTION OF A

RESOLUTION RELATED TO THE ACTIVE TRANSPORTATION PLAN

PROGRAM
Adopt Resolution No. 6761 approving the Active Transportation Plan (ATP) Program Supplemental Agreement and authorize the City Manager to execute the aforementioned Agreement and future documents and agreements related to the ATP Grant as well as HSIP, SMART, RUSH and other grant programs the City may apply for; and authorize the City Manager to execute the contract with KTUA to prepare the Active Transportation Plan.

APPROVAL OF PARCEL MAP 20278 AND SUBDIVISION AGREEMENT, LOCATED AT 1160 E 19TH
Approve Tract Map 20278 for recordation and authorize the City Manager to sign the subdivision agreement.
j. CONSIDER APPROVAL OF THE 2024 URBAN FOREST MANAGEMENT PLAN Approve Resolution No. 6762 adopting the 2024 Urban Forest Management Plan.

11. PUBLIC HEARINGS

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

CONFERENCE ATTENDANCE
No reports.
b. PUBLIC WORKS COMMITTEE MEETING, JANUARY 9, 2023
Committee Chairperson Breitling provided a recap of the meeting.

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

MANAGER EMPLOYMENT AGREEMENT
3

Assistant City Attorney Rice provided an oral report on the City Manager's compensation.

Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Approve the Second Amendment to the City of Upland City Manager Employment Agreement with Michael Blay, providing him with an increase in the City's contribution to the City Manager's 401(a) plan.

Motion: Carried Unanimously

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

15. CITY MANAGER
City Manager Blay announced the upcoming Upland Irish Festival on March 15-16, 2024.

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 6:52 p.m. The next regularly scheduled City Council meeting is Monday, February 12, 2024.

Keri Johnson, City Clerk
4

�� �pl"� CITY
UPLAND
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: DESIGNATION OF A DELEGATE AND ALTERNATE TO THE SOUTHERN CALIFORNIA

ASSOCIATION OF GOVERNMENTS GENERAL ASSEMBLY MEETING
RECOMMENDED ACTION:

It is recommended that the City Council appoint Mayor Pro Tern Breitling as the delegate and Councilmember Carlos A. Garcia as the alternate delegate to represent the City of Upland at the Southern California Association of Governments(SCAG)General Assembly meeting on May 2,2024.

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

BACKGROUND
The City of Upland is a member of SCAG,a planning organization representing six counties, 191 cities and more than 19 million residents in an area covering over 38,000 square miles. SCAG is involved in coordinating a number of planning and policy initiatives related to Southern California transportation and land-use planning

ISSUES AND ANALYSIS
The SCAG General Assembly meeting will take place May 2,2024.In order to vote in the SCAG General Assembly meeting,the City Council must designate a representative

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.

�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Staff(krctilt
C�tIFOB�S
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF

LON TEAGUE,ACTING POLICE CAPTAIN
SUBJECT: HOMELAND SECURITY GRANT PROJECT 2021
RECOMMENDED ACTION:

It is recommended that the City Council accept the Fiscal Year 2021 Homeland Security Grant funds in the amount of$28,470 and authorize the appropriation of$28,470 to purchase equipment to outfit two current units into mobile command posts and a pole camera.

GOAL STATEMENT
The proposed action supports the City's goal of providing safe and effective law enforcement services for the residents of Upland.

BACKGROUND
The Homeland Security Grant Program(HSGP) is a state grant with funding allocated and controlled by the County of San Bernardino. The funds must be expended exclusively to provide "frontline"public safety services by police and fire.In addition,grant monies must be used to supplement existing services and not to supplant any existing funds for public safety.

ISSUES AND ANALYSIS
Several key staff members, including the Chief of Police,met to discuss how the funds could best be utilized. It has been recommended that FY 2021 funds in the amount of$28,470 be used to purchase the outfitting of two police units to mobile command vehicles. The mobile command vehicles will provide command capabilities to patrol supervisors and incident commanders at the scene of critical incidents. In addition, with the remaining HSGP 21 funds, a pole camera will be purchased.

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
The City's approved operating budget for FY 23/24 will increase by the recommended appropriation of$28,470 for equipment purchases in the Homeland Security Grant Program in Fund 214 and increase grant revenue by the same amount.There is no impact on the General Fund.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

WEST COAST LIGHTS & SIRENS, INC. - W ST
601 COLUMBIA AVENUE MEOBWEITp�5�,
UNIT"B"
VVW We LS US
RIVERSIDE,CA 92507
Phone# 9517799257 [email protected] PROPOSAL Fax# 951-779-9256 WCLS.US
Date Estimate#
Name/Addre 8/24/2023 13969

CITY OF UPLAND
1360 NORTH BENSON
UPLAND CA.91786
Terms VEHICLE TYPE
Net 30 DURANGO
11111
Description MEL Qty Cost

90.00/HOUR LABOR TO UPGRADE EXISTING DURANGO ADMIN UNIT 18 90.00 1,620.00 »ALSO TO INSTALL CUSTOMER SUPPLIED DOCKING

STATION,ANTENNA,AND SECONDARY RADIO
»WIRE EQUIPMENT INTO SECONDARY BATTERY
JOB MATERIALS HDMI SWITCHER FOR 2 MONITORS W/4 INPUTS 1 255.00 255.00T JOB MATERIALS SAMSUNG 23"M5 SMART MONITOR 1 275.00 275.00T 7189B 150 AMP BREAKER 1 26.58 26.58T PST-300-12 12VDC-115VAC 300-500W INVERTER PURE SINE WAVE 1 298.48 298.48T FABRICATED FABRICATION-CUSTOM FACE PLATES FOR HDMI 1 95.00 95.00T SWITCHER,HDMI INPUT PLUGS,AND 110V OUTLETS
FABRICATED FABRICATION-CUSTOM SHELF FOR MONITOR AND 1 3,000.00 3,000.00T

LAPTOP/KEYBOARD WITH SLIDERS AND LOCKS
FABRICATED FABRICATION-MOUNT FOR CUSTOMER SUPPLIED 1 250.00 250.00T

DOCKING STATION W/CLEVIS SYSTEM
JOB MATERIALS METAL 1 300.00 300.00T
JOB MATERIALS POWDERCOATING ALL MATERIAL 1 200.00 200.00T JOB MATERIALS MISC.PARTS,WIRE,ZIP TIES,CLAMPS,FASTENERS, 1 350.00 350.00T

RELAYS,HDMI CABLES,LOCKING LATCHES,SLIDERS,
ELEC.OUTLETS,ETC.
*ESTIMATES ARE VALID FOR 30 DAYS. •
*ORDERS WILL BE INVOICED UPON NOTIFICATION OF COMPLETION Subtotal $6,670.06 *RETURNS/CANCELLATIONS ARE SUBJECT TO A 25%RESTOCKING FEE AND SHIPPING CHARGES. Sales Tax (7.75%) $391.38 *PLEASE MAKE SURE YOU HAVE ALL CUSTOMER SUPPLIED PARTS WHEN VEHICLE IS DROPPED OFF TO AVOID DELAYS.IF DELAYS CONTINUE,WE Total WILL SUPPLY NEEDED PARTS AT CUSTOMERS EXPENSE. $7,061.44 *CALIFORNIA CERTIFIED SMALL BUSINESS#49878
*NOTE:SALES TAX WILL BE CHARGED ON INSTALLATION LABOR ON A VEHICLE WITH 500 MILES OR LESS OR UNDER 6 MONTHS SINCE

REGISTRATION WITH THE DMV

WEST COAST LIGHTS & SIRENS, INC. - W ST
601 COLUMBIA AVENUEC.\apECBMETW-1?
UNIT"B"
W w s
RIVERSIDE,CA 92507
Phone# 9517799257 [email protected] PROPOSAL Fax# 951-779-9256 WCLS.US
Date Esti #
Name/Address
Pr
3/1/2021 10979
1 CITY OF UPLAND
1360 NORTH BENSON
UPLAND CA.91786
II
Terms VEHICLE TYPE
Net 30 TAHOE
Item UMW Descriptio1. Cost 'Val

80.00/HOUR LABOR TO UPGRADE EXISTING COMMAND UNIT 20 80.00 1,600.00 »ALSO TO INSTALL CUSTOMER SUPPLIED DOCKING ■ 1

STATION,ANTENNA,AND SECONDARY RADIO
»ALSO WIRE IN HELICOPTER CAMERA
»WIRE EQUIPMENT INTO SECONDARY BATTERY
JOB MATERIALS HDMI SWITCHER FOR 2 MONITORS W/4 INPUTS 1 255.00 255.00T JOB MATERIALS SAMSUNG 27"M5 SMART MONITOR(LS27AM500NNXZA) 2 275.00 - 550.00T JOB MATERIALS 36"NON-MAGNETIC DRY ERASE BOARDS FOR SIDES OF 2 59.99 119.98T UNIT
MWL-57SP 2,150 LUMEN RECTANGULAR LED WORKLIGHT,12-36 V 4 75.34 301.36T DC
»2 ON EACH SIDE OF UNIT ABOVE DRY ERASE BOARDS
W/SEPARATE SWITCHES<<
7189B 150 AMP BREAKER 2 26.58 53.16T 7611B SOLENOID BATTERY LINK 120AMPS 12/24V ACR '_ 1 68.93 = 68.93T 7851B SURE EJECT 120VAC 20A 1 259.97 259.97T 36212001 POWERCOMBI 12/2000W-100 120V INVERTER/BATTERY ', 1 855.00 ■ 855.00T CHARGER J
8A31DTM INTIMIDATOR AGM EXTENDED LIFE COMMERCIAL 1 284.73 284.73T FABRICATED FABRICATION-CUSTOM FACE PLATES FOR HDMI 1 95.00 95.00T SWITCHER,HDMI INPUT PLUGS,AND 110V OUTLETS
FABRICATED FABRICATION-MOUNT FOR SECONDARY BATTERY W/ 1 380.00 380.00T

LEXAN COVER
FABRICATED FABRICATION-SWING DOWN MONITOR MOUNTS W/ 1 3,000.00 3,000.00T

GAS SHOCKS AND MODIFICATIONS TO EXISTING

COMMAND CENTER
Subtotal
1111
Sales Tax (7.75%) 111
Total .

Pa•e 1 Page 14 of 137

WEST COAST LIGHTS & SIRENS, INC. - W ST
601 COLUMBIA AVENUE MECBMETp�5�,
UNIT"B"
VVW We LS US
RIVERSIDE,CA 92507
Phone# 9517799257 [email protected] PROPOSAL Fax# 951-779-9256 WCLS.US
Date Esti #
Name/Address
3/1/2021 10979

CITY OF UPLAND
1360 NORTH BENSON
UPLAND CA.91786
Terms VEHICLE TYPE
Net 30 TAHOE
Item Descriph Cost �1'6ta1
FABRICATED FABRICATION-RIGHT AND LEFT SET OF ALUMINUM 2 75.00 150.00T

HOOKS FOR DRY ERASE BOARDS(PAIR)
FABRICATED STATION W/CL

EVIS MOUNT

EV S SYSTEM
CUSTOMER SUPPLIED 1 250.00 ■ 250.00T

DOCKING
JOB MATERIALS METAL 1 300.00 300.00T
JOB MATERIALS POWDERCOATING ALL MATERIAL 1 700.00 700.00T JOB MATERIALS MISC.PARTS,WIRE,ZIP TIES,CLAMPS,FASTENERS, 1 350.00 350.00T

RELAYS,HDMI CABLES,LOCKING LATCHES,GAS
SHOCKS,ELEC.OUTLETS,ETC.

PROPOSAL IS VALID FOR 30 DAYS.IF CHANGES ARE MADE TO THIS PROPOSAL AFTER APPROVAL IT WILL RESULT IN A CHANGE ORDER. Subtotal $9,573.13 PLEASE MAKE SURE YOU HAVE ALL CUSTOMER SUPPLIED PARTS WHEN Sales Tax (7.75% $617.92 VEHICLE IS DROPPED OFF.IF CUSTOMER SUPPLIED PARTS IS NOT COMPLETE,THIS WILL DELAY VEHICLE COMPLETION DATE.IF DELAYS CONTINUE,WE WILL SUPPLY NEEDED PARTS AT CUSTOMERS EXPENSE. Total $10,191.05 .

CALIFORNIA CERTIFIED SMALL BUSINESS#49878
NOTE:SALES TAX WILL BE CHARGED ON INSTALLATION LABOR ON A VEHICLE WITH 500 MILES OR LESS OR UNDER 6 MONTHS SINCE

REGISTRATION WITH THE DMV
Pa.e 2 Page 15 of 137

AARDVLRK Sales Quote
Page: 1
1935 Puddingstone Dr Sales Quote Number: SQ26574 La Verne,CA 91750
TEL:800-997-3773 FAX:909-392-3823 Sales Quote Date: 1/18/2024 FED TAX ID:95-4451904 Quote Valid To: 3/18/2024 DUNS#:861004349
SAM UEI: DGSKHRKYPDK9
Sell Ship
To: Upland Police Department To: Upland Police Department Lt. Lon Teague 1499 W 13th St
1499 W 13th St Upland,CA 91786
Upland,CA 91786 USA
USA
Customer ID: UPLANDPOLICED01
Ship Via: Best Way SalesPerson: Brent Doan Terms: Net 30 Days Contact: 1499 W 13th St Entered By: ATI\BBAEZA
Item No. Description Unit Qty GSA Unit Price Total Price TAEL-CRO3POLEO1BL- CORE Pole Grip 10'CORE Pole Camera Head CORE Monitor EACH 1 9,755.23 9,755.23 10FT SANDISK ULTRA 32GB MICROSDHC UHS-I CARD LINDY 2M USB OTG CABLE BLACK TYPE MICRO-B TO 12V POWER
ADAPTER ACDC 12V DC PLUG IN ADAPTER Large Custom
Ca
se Manual and Marketing Material
NON TAXABLE Non Taxable Freight EACH 1 76.00 76.00

FREIGHT
Work Description:

Delivery 90 Days ARO
Please contact Brittany Baeza at 909-451-6102 or [email protected] if you would like to place this order.Thank You!
Subtotal: 9,831.23
No return will be accepted unless a Return Authorization is issued prior to the goods being returned.If Invoice Discount: 0.00 the error which necessitates the return is a result of an AARDVARK error,no restocking fee will be Total Sales Tax: 756.03 charged.Merchandise may be returned within 30 days of purchase and buyer will be subject to a 20% restocking fee.All returns must be Freight Prepaid and in new sellable condition.Credit for the value of the returned merchandise(less restocking fees and shipping charges)will be made.Defective Total: 10,587.26 merchandise is not subject to any restocking fee.Customized orders are non-returnable.

CORE POLE CAMERA
SPEC SHEET:TACTICAL ELECTRONICS
47 I
= 1 IDENTIFICATION 111 FEATURES
WIRELESS THERMAL VIDEO
5GHz wireless,real-time 0/ Thermal signatures merged video transmission with outlines&details
/ MODULAR n ENCRYPTED
Attach camera to both the II ill Transmits AES encrypted CORE Grip&POLE Grip video directly to monitor
> HD VIDEO: HD 1280x720p monochrome image sensor
7 > TOGGLE: Remote toggle between HD & thermal video
> ILLUMINATION: 4 white & 4 IR high-intensity LEDs
> TELESCOPIC POLE: Locking pole extends & collapses
> AUDIO: Omni-directional microphone records audio
> HARDWIRE: Hardwire for RF-restricted environments
> SNAPSHOT: Instantly record a still image of live video > RECORDING: Records video & audio to micro SD card
> LCD STATUS SCREEN: View system status information
COPE ELITE CAMERA SYSTEMS BY TACTICAL ELECTRONICS = > BACKLIT BUTTONS: View push buttons in low light = DESCRIPTION
Extend your vision and tactical inspections with the CORE Pole Camera. This telescoping HD pole camera combines extreme low light sensitivity with thermal fusion technology to provide unsurpassed detail and definition. The camera is attached to a telescoping POLE Grip. The POLE Grip is available in multiple sizes: 8ft extended, loft extended, 17ft extended, and a Hinged 17ft extended.

Each pole is constructed of high density graphite, features locking extensions, and collapses down to 28in (8ft POLE Grip), 37in (loft POLE Grip), 47in (17ft POLE Grip), and 35in (17ft Hinged POLE Grip) for easy deployment and stow away.

Video is streamed wirelessly to the CORE monitor over an AES encrypted channel. An optional hardwire cable connection is also available. High-intensity visible and IR illumination is controlled and adjusted directly from the POLE Grip or remotely on the CORE Monitor. An omni-directional microphone gives you the option to record audio and video onto a 32 GB micro SD card. The CORE Pole Camera is powered by three CR123 batteries and delivers a runtime of 2.5 hours.

CONTACT: WEBSITE: TACTICALELECTRONICS.COM SPEC SHEET:

TACTICAL ELECTRONICS PRODUCT SPECIFICATIONS
P: 866/541/7996 DOCUMENT: COPYRIGHT: AND INFORMATION ARE P: 918/249/8326 OFFICIAL SPECIFICATIONS ©2021 TACTICAL ELECTRONICS SUBJECT TO CHANGE ® F: 918/249/8328 SHEET *PROPRIETARY* AND MILITARY SUPPLY, LLC. WITHOUT NOTICE.

CORE POLE CAMERA
SPEC SHEET:TACTICAL ELECTRONICS
0 El SPECIFICATIONS
CAMERA WEIGHT: 11.Ooz / 0.31kg
CAMERA DIMENSIONS: L 11.375in x W 1.65in x D 1.29in / L 28.9cm x W 4.19cm x D 3.28cm 08ft POLE Grip = -2.OIb 6.6oz / -1.09kg
POLE GRIP WEIGHT: loft POLE Grip = 2.OIb 12.Ooz / 1.25kg 17ft POLE Grip = 3.OIb 10.Ooz / 1.64kg
17ft Hinged POLE Grip = 4.21bs / 1.9kg
08ft POLE Grip = L 7.0ft 11.75in x W 3.25in x D 1.83in (28in collapsed) POLE GRIP DIMENSIONS: loft POLE Grip = L loft 7in x W 3.25in x D 1.83in (37in collapsed) 17ft POLE Grip = L 17ft 6in x W 3.25in x D 1.83in (47in collapsed) 17ft Hinged POLE Grip = L 17ft lin x W 3.25in x D 1.83in (35in collapsed) 08ft POLE Grip = L 243.21cm x W 8.25cm x D 4.65cm (71.12cm collapsed) POLE GRIP DIMENSIONS (METRIC): loft POLE Grip = L 322cm x W 8.25cm x D 4.65cm (93.98cm collapsed) 17ft POLE Grip = L 533cm x W 8.25cm x D 4.65cm (119.38cm collapsed) 17ft Hinged POLE Grip = L 521cm x W 8.25cm x D 4.65cm (88.9cm collapsed) POWER SUPPLY: Three CR123 batteries
RUNTIME: 1.5 hours © -10°C / 2.5 hours © 21°C / 1.5 hours © 50°C HOUSING MATERIAL: Polycarbonate+PBT (Valox 357U) and 6061-T6 Aluminum OPERATING TEMPERATURE: -4°F to 122°F / -20°C to 50°C FREQUENCY RANGE: 5 GHz (Worldwide Availability) WIRELESS ENCRYPTION: 128-bit AES Encryption with WPA2-PSK Authentication TRANSMISSION DISTANCE: 650ft, Line of Sight / 200m, Line of Sight COMPATIBLE MONITORS: CORE Monitor
CAMERA SENSOR TYPE: 1/3in CMOS Monochrome Digital Image Sensor CAMERA RESOLUTION/FRAME RATE: 1280 x 720p © 30fps
HORIZONTAL FOV° Visible = 70° / Thermal = 51°
LENS FOCAL LENGTH 4.2mm
ILLUMINATION: 4ea High-intensity White (3000K) and IR (950nm) LEDs; 0 - 100% dimming POLE MATERIAL: High Density Graphite
THERMAL SENSOR TYPE: Longwave Infrared (LWIR), 8pm to 14pm THERMAL SENSOR RESOLUTION: 80 x 60px
STORAGE MEDIA: MicroSD Card
RECORDING CAPACITY: 32GB
CONTACT: WEBSITE: TACTICALELECTRONICS.COM SPEC SHEET:

TACTICAL ELECTRONICS PRODUCT SPECIFICATIONS
P: 866/541/7996 DOCUMENT: COPYRIGHT: AND INFORMATION ARE2 P: 918/249/8326 OFFICIAL SPECIFICATIONS ©2021 TACTICAL ELECTRONICS SUBJECT TO CHANGE ® F: 918/249/8328 SHEET *PROPRIETARY* AND MILITARY SUPPLY, LLC. WITHOUT NOTICE.

1743 Miro Way, Rialto, CA 92376 I Phone: 909.356.3998 Fax: 909.356.3965 www:SBCounty.gov
SAN BERNARDINO Office of Emergency Services Leonard X. Hernandez COUNTY � � Chief Executive Officer
Daniel Munoz
Deputy Executive Officer
August 29, 2022
TO: CITY/TOWN GRANT PROGRAM MANAGER
SUBJECT: FY2021 HOMELAND SECURITY GRANT PROGRAM (HSGP)

AUTHORIZATION TO SPEND
The California Governor's Office of Emergency Services has approved your FY2021 HSGP project(s). As of the date of this letter, you are authorized to make expenditures using FY2021 Homeland Security Grant Program (HSGP) funds.

Be aware that your project allocation amount may have changed. Take note of the amount located on the attached project worksheet. Should you need to submit a modification request to change your project in any way, including increasing the quantity of items, please do so as soon as possible. The next deadline to submit modification requests is 9/30/22.

During the procurement process, please make sure to follow grant guidelines and requirements.

Procurement may not begin on projects requiring an Environmental Historic Preservation or other type of pre-approval, as indicated on the attached project worksheet, until requests are submitted and approval has been obtained.

Please note the following:

1. First Milestone Deadline: All projects should be 30% completed by 12/31/22.

2. Modifications: All project changes require pre-approval from Cal OES prior to incurring any costs. Modification requests are due quarterly. Refer to the FY21 Grant Deadlines for submission dates. The scope of work on projects identified as National Priority projects cannot be modified. Changes in quantities on National Priority projects must have FEMA approval.

3. Procurement: General procurement standards with open competition must be followed for all federal grant expenditures, according to 2 C.F.R. § 200.318-200.323. Copies of three (3) quotes/bids must be submitted with reimbursement requests.

4. Noncompetitive Procurement: Documentation of entity procurement policies must be submitted with reimbursement requests for all noncompetitive procurement. Purchases over $250,000 will require pre-approval from Cal OES prior to procurement, following up with your governing board or council, if applicable. A cost benefit analysis is required with noncompetitive procurement requests.

AO-
BOARD OF SU-PERV1SO
COL.PAUL COOK (RET.) JANICE RUTHERFORD DAWN ROWE CURT HAGMAN JOE BACA,JR.

First District Second District Vice Chair,Third District Chairman,Fourth District Fifth District Page 19 of 137

FY21 HSGP Authorization to Spend
August 29, 2022
PAGE 2of2

5. SAMS Verification: A print-out of the SAM.gov vendor verification report must be printed prior to procurement for all vendor/contractors and must be submitted with reimbursement requests. Note: Vendor registration in SAM.gov is not required. However, the vendor must not be debarred or restricted from receiving federal funds, which will appear in your vendor verification report if the vendor has restrictions.

6. Performance Bond: A performance bond is required for any equipment item over $250,000, or any vehicle, aviation, or watercraft, regardless of the cost.

7. Audit Requirements: This subaward is subject to all provisions of 2 C.F.R Part 200, Subpart F—Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice.

Refer to the grant guides for additional procedures and requirements.

If you have any questions, please feel free to contact the Grant's Unit at (909) 388-5832.

Sincerely,
4 � �
ANIEL MUNOZ, Deputy Executive Officer
San Bernardino County
Office of Emergency Services
DM/ts
Attachments

FY2021 HOMELAND SECURITY GRANT PROGRAM
Jurisdiction: Upland PD
Project# Description AEL# AEL Title Hold Trigger Total Cost Amount Paid by Grant Remaining Balance Comments Mobile Command Computer
Workstations,Monitors& Computer,Mobile National Priority Project-No 3 Accessories(6) 04HW-01-MOBL Data N/A $13,229 $13,229 Project Scope Modifications National Priority Project-No
3 Portable Signs(6) 030E-03-SIGN Signs N/A $360 $360 Project Scope Modifications Batteries,All Types,
Sizes&Installation;
Supply,
10BS-00-BATT& Uninteruptable National Priority Project-No 3 Battery Units and Chargers(3) 10PE-00-UPS Power(UPS) N/A $4,406 $4,406 Project Scope Modifications Installation in Mobile Command National Priority Project-No 3 Vehicle 21GN-00-INST Installation N/A $10,475 $10,475 Project Scope Modifications $0
$0
$0
$0
$28,470 $28,470

FISCAL YEAR 2021
Homeland Security Grant Program
CFDA 97O67
Subrecipient Application Workbook

SAN BERNARDINO
,COUNTY
Funding Provided by
California Governor's Office of Emergency Services
(Cal OES)
Through Funding Distributed by
The United States Department of Homeland Security (DHS) Federal Homeland Security Grant Program Agency

FY21 HSGP Subrecipient Application Workbook

THIS PAGE LEFT BLANK

FY21 HSGP Subrecipient Application Workbook

TABLE OF CONTENTS
INTRODUCTION 5
GRANT PURPOSE 5
USE OF FUNDS 5
ELIGIBLE JURISDICTIONS 5
GRANT CHANGES AND NEW REQUIREMENTS 5
GRANT PROJECT CRITERIA 6
GRANT SOLUTION AREA: 6
GRANT MISSION AREAS: 6
CALIFORNIA HOMELAND SECURITY STRATEGY GOALS• 6
INVESTMENT JUSTIFICATIONS 6
GRANT APPLICATION 7
SUBRECIPIENT GRANT PACKAGES 7
SUBRECIPIENT AGREEMENT 7
COVER LETTER 7
CERTIFICATION LETTER 7
SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT 7
SYSTEM FOR AWARD MANAGEMENT(SAM) 7
UNIQUE ENTITY IDENTIFIER NUMBER(UEI) 8
GRANT PERFORMANCE PERIOD 8
PROPOSED PROJECTS NOT APPROVED 8
GRANT REQUIREMENTS 8
LAW ENFORCEMENT 8
PROJECT MILESTONE DEADLINES 8
STATUS REPORTS 8
MODIFICATIONS 8
PROCUREMENT GUIDELINES 9
WRITTEN QOTES/BIDS 9
NONCOMPETITIVE PROCUREMENT 9
COST BENEFIT ANALYSIS 9
INFORMAL QUOTE INVENTATION FOR BID(IFB)AND REQUEST FOR PROPOSAL(RFP) 10 FORMAL ADVERTISING AND REQUEST FOR PROPOSALS(RFP) 10 SUPPLANTING 11
EQUIPMENT 11
NOTE: USE TAXES 11
AUTHORIZED EQUIPMENT LIST(AEL) 11
COMMUNICATION EQUIPMENT 11

FY21 HSGP Subrecipient Application Workbook
PHARMACEUTICAL SUPPLIES 12
EHP's 12
PLANNING/ORGANIZATION PROJECTS 12
PLANNING DELIVERABLES OR FINAL PRODUCTS 12
CONTRACTOR/CONSULTANT 13
SAM SUSPENSION AND DEBARMENT 13
VEHICLE PURCHASES 13
PERFORMANCE BOND 14
UNALLOWABLE COSTS 14
ADDITIONAL FORMS 14
REIMBURSEMENT CLAIMS 14
PROOF OF PAYMENTS 15
GRANT MONITORING 15
JURISDICTIONAL GRANT MONITORING 15
INVENTORY CONTROL 15
GRANT PROJECT CLOSEOUT 15
RECORDS RETENTION 15
COUNTY OF SAN BERNARDINO HSGP PROGRAM CONTACTS: 16 APPLICATION WORKBOOK CERTIFICATION 18

FY21 HSGP Subrecipient Application Workbook

INTRODUCTION
The State Homeland Security Grant Program (HSGP) is designed to secure and provide the nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The Homeland Security Grant Program is one tool among a comprehensive set of federal measures administered by Cal OES to help strengthen the state against risks associated with potential terrorist attacks. San Bernardino County Office of Emergency Services is a subgrantee of the HSGP and oversees the administration of grant funds for San Bernardino's Operational Area. All grant requirements are located in Federal Notice of Funding Opportunity(NOFO), FEMA's Preparedness Grant Manual (located on FEMA's website)and the California State Supplemental to the NOFO (located on the Cal OES website under Grant Management). Applicants should thoroughly read these manuals prior to submitting their applications.

GRANT PURPOSE
The purpose of the Fiscal Year 2021 Homeland Security Grant Program (FY21 HSGP)is to support comprehensive Homeland Security Grant Programs at the local level and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all terror-related hazards. Cal OES has accepted, approved, and awarded this grant and will continue providing support to the San Bernardino County Operational Area's efforts to implement the objectives and strategies of the Homeland Security Grant Program. HSGP subrecipients are encouraged to consider projects that fall into National Priority Investment Justification areas to meet the County and State's requirements for the National Priority 30% criteria. Information regarding National Priority Investment Justifications can be found in the FEMA Preparedness Grants Manual, the NOFO and the California State Supplemental to the NOFO. National Priority Investment Justifications are:
• Enhance Intelligence and Information Sharing and Cooperation with Federal Agencies, including DHS 5%
• Enhance the Protection of Soft Targets/Crowded Spaces, (including election security)5%
• Enhance Cybersecurity(including election security) 7.5% • Address Emergent Threats 5%
• Combating Domestic Violent Extremism 7.5%

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

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

GRANT CHANGES AND NEW REQUIREMENTS
The following key changes have been made to the FY21 HSGP:
• Nationwide Cybersecurity Review(NCSR): All HSGP Grant recipients are required to complete an annual cybersecurity self-assessment as described in IB 439 and submit certification that they completed it to the County OES Grants Unit. • Investment Justifications: Investment Justifications have changed to align with the National Priority investments.
• Modifications on National Priority Projects:The FY21 HSGP requires that a minimum of 30% of awarded funds must be allocated towards National Priority Investment Justifications for the County. Projects that have been identified as National Priority projects cannot be modified without FEMA approval. Therefore, scope of work modifications that change the investment justification category for National Priority projects are not permitted.

FY21 HSGP Subrecipient Application Workbook

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

GRANT SOLUTION AREA:

1. Equipment

2. Training

3. Planning

4. Exercise

5. Organization

6. Management&Administration (OES only)

GRANT MISSION AREAS

1. Prevention

2. Protection

3. Mitigation

4. Response

5. Recovery
CALIFORNIA HOMELAND SECURITY STRATEGY GOALS:

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

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

3. Strengthen Security and Preparedness Across Cybersecurity

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

5. Enhance Community Preparedness

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

7. Improve Medical and Health Capabilities

8. Enhance Incident Recovery Capabilities

9. Strengthen Food and Agriculture Preparedness

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

11. Enhance Homeland Security Exercise, Evaluation, and Training Programs Applicants will be required to align each project to the solution area, mission area and strategy goals.

INVESTMENT JUSTIFICATIONS

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

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

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

4. Address Emergent Threats (National Priority)

5. Combating Domestic Violent Extremism Through Enhanced Intelligence Collection and Analysis, Training and Community Resilience

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

7. Enhance Medical and Public Health Preparedness

8. Strengthen Information Sharing and Collaboration

9. Enhance Community Capabilities through Multi-Jurisdictional/Inter-Jurisdictional All- Hazards Incident Planning, Response & Recovery Coordination including Partnerships with Volunteers and Community Based Organizations and Programs

FY21 HSGP Subrecipient Application Workbook

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

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

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

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

San Bernardino County Office of Emergency Services
C/O: ICEMA
Attn:Tina Sutera
1425 South "D" Street
San Bernardino, CA 92408
A copy of the package can also be emailed to: tina.sutera(a,oes.sbcountv.gov.

COVER LETTER
The cover letters must be on the jurisdiction's letterhead. Please certify that the documentation is clear and correct. Include your contact information on the"Certification Box" of the cover letter.

CERTIFICATION LETTER
Complete the certification letter with the following information:

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

Boxes 2-5: Use this table to include all federal grant funds the jurisdiction has/will receive for the fiscal year, including EMPG, SAFER, etc. Include a separate sheet if needed. (Consult with your budget or fiscal personnel for more information.) Box 6: Entity Primary Location
Box 7: Include a UEI number. (DUNS number is no longer valid)

SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT
The Subrecipient Grant Management Assessment form must be signed in BLUE INK and submitted with your subrecipient package.

SYSTEM FOR AWARD MANAGEMENT (SAM)
Subrecipients must have a valid UEI number and be currently registered with the System for Award Management(SAM) per the Federal Funding Accountability and Transparency

FY21 HSGP Subrecipient Application Workbook
Act(FFATA). Proof of registration can be fulfilled by providing a screen shot of the email confirmation or website registration confirmation.

UNIQUE ENTITY IDENTIFIER NUMBER (UEI)
In order to apply and receive federal financial assistance your agency must have a valid UEI number.To obtain a UEI number agencies must register at no cost directly to this web site: www.sam.gov . DUNS numbers are no longer accepted.

GRANT PERFORMANCE PERIOD
The FY21 HSGP has a 30-month performance period for subrecipients (September 1, 2021 to March 31, 2024).

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

GRANT REQUIREMENTS

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

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

Milestone Percentage Required Completion Date First Milestone 30% December 31, 2022
Second Milestone 60% _ July 31, 2023
Third Milestone 100% March 31, 2024

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

Reporting Period Report Due Date
7/1/2022-12/31/2022 1/05/2023
1/1/2023-6/30/2023 7/05/2023
7/1/2023-12/31/2023 1/05/2024

MODIFICATIONS
It is mandatory for all subrecipients to obtain preapproval from the Grants Administration Unit for any project modifications. The County (as the State's subgrantee of the HSGP grant) is required to obtain preapproval from Cal OES for all project modifications, activity, and/or scope of work changes as described in the Cal OES State Supplement to the Federal NOFO. HSGP funds may only be expended for the intended purpose(s)for which they were requested and

FY21 HSGP Subrecipient Application Workbook
approved. Therefore, grant funds cannot be expended for projects that are modified without prior approval. Additionally, modification requests require a written justification, which explains in detail why the project is being changed.

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

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

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

San Bernardino County Procurement Policy requires the following:

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

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

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

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

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

1. The item is available only from one source;

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

In concurrence with 2 CFR part 200.317 -200.326, Cal OES requires the Operational Areas and its subrecipients encompass all federal, state, and local procurement policies for noncompetitive procurement. Failure to obtain preapproval for noncompetitive procurement may result in the denial of the grant expenditure.

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

COST BENEFIT ANALYSIS
Subrecipients will need to provide a cost benefit analysis with the Request for Noncompetitive Procurement Authorization Form. The analysis will provide to Cal OES the justification/feasibility based on the comparison of the total expected costs of each bid/quote against the total expected benefits, to examine whether the benefits outweigh

FY21 HSGP Subrecipient Application Workbook
the costs. A Cost Benefit Analysis (CBA) must be submitted with the noncompetitive procurement requests.

INFORMAL QUOTE INVENTATION FOR BID (IFB) AND REQUEST FOR

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

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

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

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

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

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

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

FY21 HSGP Subrecipient Application Workbook
In compliance with the Byrd Anti-Lobbying Act 31 U.S.C. § 1352 (as amended), contractors who bid on federal awards of$100,000 or more must sign and submit Certification Regarding Lobbying. Disclosure of such certification must be included in formal bid advertising and RFP language as well as the signed contract. Certification must be forwarded to the awarding agency and kept on file.

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

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

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

1. Personal Protective Equipment

2. Explosive Device Mitigation and Remediation Equipment

3. CBRNE Operational and Search and Rescue Equipment

4. Information Technology

5. Cyber Security Enhancement Equipment

6. Interoperable Communications Equipment

7. Detection

8. Decontamination

9. Medical

10. Power

11. CBRNE Reference Materials

12. CBRNE Incident Response Vehicles

13. Terrorism Incident Prevention Equipment

14. Physical Security Enhancement Equipment

15. Inspection and Screening Systems

16. Animals and Plants

17. CBRNE Prevention and Response Watercraft

18. CBRNE Aviation Equipment

19. CBRNE Logistical Support Equipment

20. Intervention Equipment

21. Other Authorized Equipment
NOTE: USE TAXES
The Grants Administration Unit will not reimburse for use taxes without a proper proof of payment.

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

COMMUNICATION EQUIPMENT
Subrecipients using FY21 HSGP funds to support emergency communications activities must comply with the FY2021 SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

FY21 HSGP Subrecipient Application Workbook

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Procedure Manuals

2. Policy Procedures

3. Standard Operating Procedures (SOP's)

4. Reports

5. Templates

6. Plans

7. Guideline Manuals

8. Directive Manuals

9. Operating Manuals

10. Official Procedures

11. Newsletters

12.Training Manuals (Participants and Instructor)

FY21 HSGP Subrecipient Application Workbook
Planning reports must be considerable and substantial in their contents and must be associated to the planning deliverables listed on the proposed projects.The amount of grant funds received for the planning project must justify the outcome of the delivery report.

CONTRACTOR/CONSULTANT
Contractors and Consultant services are allowable under the HSGP. Contract and procurement awards must be made to the responsible contractor or vendor whose bid or offer is most advantageous to the project. The methods of contracting are as follows:
a) Formal Advertising
b) Invitation for Bid (IFB)
c) Request for Proposal (RFP)
Consideration should be given to such matters as contractor integrity, record of past performance, financial and technical resources, and/or accessibility to the necessary resources.

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

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

All contract agreements must be prepared in accordance with existing State contract provisions and policies and clearly define the responsibilities of all parties, as per 2 C.F.

R. 200.317-200.326 and Appendix II to Part 200, Contract Provisions for Non- Federal Entity Contracts Under Federal Awards. In compliance with the Byrd Anti- Lobbying Act 31 U.S.C. § 1352 (as amended), contracts of$100,000 or more require the contractor to submit a Certification Regarding Lobbying. Disclosure of such certification must be included in formal bid advertising and RFP language, as well as the signed contract agreement. Certification must be forwarded to the awarding agency and kept on file.

SAM SUSPENSION AND DEBARMENT
Subrecipients are required to obtain verification that the contractor or vendor selected is not debarred or suspended at the time of the award. The subrecipient must search the www.sam.gov website to verify that the vendor and/or contractor is not debarred or suspended from programs or activities involving federal financial and non-financial assistance. Vendor registration in SAM.gov is not required. However, vendor must not be debarred, suspended, or excluded from receiving federal funds, which will be verified in the search. Subrecipients receiving federal funds must certify that they will adhere to Federal Executive order 12549, Debarment and Suspension. Subrecipients will not make any awards or enter into any contract with parties that are debarred, suspended, or otherwise excluded or ineligible for participation in federal programs and activities,
The SAM.gov screenshot must be printed prior to hiring the vendor/contractor and must be submitted to Grants Administration Unit with the request for reimbursement. Failure to provide this information may result in a delay in processing your request and possible denial of your claim.

VEHICLE PURCHASES
As a result of numerous inquiries regarding the use of vehicles purchased with Homeland Security funds, the following guidance is being provided regarding authorized use of these vehicles:
1) A performance bond must be obtained for all vehicle, watercraft, and aircraft purchases.

FY21 HSGP Subrecipient Application Workbook
2) For the purposes of the HSGP the vehicle identification is:A means of transportation to be used for CBRNE response equipment and personnel to the incident site. A list of authorized HSGP vehicles can be found through FEMA's Authorized Equipment List. 3) Vehicle licensing, registration and general maintenance fees are the responsibility of the subrecipient and are NOT allowable with grant funds.
4) All vehicles purchased with HSGP funds must be tagged and be part of the subrecipient inventory control.

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

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

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

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

REIMBURSEMENT CLAIMS
Reimbursement shall be based upon authorized and allowable expenditures consistent with the approved project. All expenditures must be supported with the following source documentation:
• Signed Reimbursement form
• Copy of invoices. Must be legible
• Three written quotes or Noncompetitive Procurement Authorization Form • Screenshot of the SAM.gov vendor search results
• Proof of payment. Copy of front and back of the cancelled checks or credit card statement with proof of payment to the credit card company • Copy of City Council Minutes (if applicable)
• At least one clear picture of each grant purchased equipment(serial number or other ID displayed).

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

FY21 HSGP Subrecipient Application Workbook

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

GRANT MONITORING

JURISDICTIONAL GRANT MONITORING
As per new regulations under 2 CFR part 200.330-200.332, the Grants Administration Unit will be enforcing monitoring of subrecipient's project activity. Grant activities (both desk review and on-site)are reviewed during monitoring visits. These reviews may include, but are not limited to:
• Eligibility of Expenditures
• Project Activities
• Reimbursement Requests
• Modification Request
• Grant Status/Performance Reports
• Equipment
• Equipment Inventory Control Reports
• A review of the Corrective Action Plan (CAP)of the subrecipient's Single Audit Report (if there is a finding on the report).

The Grants Administration Unit will schedule site visits with subrecipients.

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

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

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

FY21 HSGP Subrecipient Application Workbook
are any negative audit findings under the Homeland Security Program Grant funding, they must notify SB County OES—Grants Unit as soon as possible.

COUNTY OF SAN BERNARDINO HSGP PROGRAM CONTACTS:

Daniel Munoz, Deputy Executive Officer
E-mail: [email protected]
Phone: (909)388-5805
Vacant, Emergency Services Manager
E-mail:

Phone: (909)356-3998
Michael Ramirez, Acting Asst. Emergency Services Manager E-mail: [email protected]
Phone: (909) 356-3998
Tina Sutera, Staff Analyst II
Grants Administration Unit
Email: tina.suteraAoes.sbcounty.gov
(909)388-5832

FY21 HSGP Subrecipient Application Workbook
— PROCEED TO CERTIFICATION AND ACKNOWLEDGEMENT ON NEXT PAGE

FY21 HSGP Subrecipient Application Workbook

SAN BERNARDINO COUNTY OPERATIONAL AREA
FY2021 HOMELAND SECURITY GRANT PROGRAM

APPLICATION WORKBOOK CERTIFICATION
I, t ( t4_7L'fYL?f as the Authorized Agent for Police �-2,_r/I .-)2e0 }24 JURISDICTION, certify that ourjurisdiction has read and acknowledges the Homeland Security Grant Program (HSGP) guidelines specified in the document hereof.
„Vd-0—>—
horized Agent Signature Date
Print Name
Project Manager Signature Date
Print Name

�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR SUBJECT: ACCEPT A DONATION FROM THE UPLAND FOOTHILL KIWANIS IN THE AMOUNT OF $40,800 TO PURCHASE BENCHES FOR THE DOWNTOWN UPLAND PARKLETS PROJECT.

RECOMMENDED ACTION:

It is recommended that the City Council accept the donation of$40,800 from the Upland Foothill Kiwanis to be applied toward the purchase of benches for the Downtown Upland Parklets Project.

GOAL STATEMENT
The proposed action supports the City's goal of improving public realm infrastructure in Historic Downtown Upland through focused efforts that revitalize and retain downtown as the urban center for residents and visitors to shop,dine, socialize,and enjoy the Downtown environment.

BACKGROUND
On December 12, 2022, the City Council approved a revised design and cost estimate for the Downtown Upland Parklets Project,and appropriated and amended the FY 22-23 Capital Improvement Program.

On September 11, 2023, the City Council approved the plans and specifications for the Downtown Upland Parklets Project and awarded a construction contract to Dash Construction in the amount of$1,243,013.50, as well as a construction contingency amount of$124,986.50 for a total of$1,368,000.

ISSUES AND ANALYSIS
The Upland Foothill Kiwanis contacted staff in 2022 expressing their desire to participate in a City project involving something that would benefit families in Upland. Staff mentioned the Downtown Upland Parklets project and how the creation of new public space would encourage patrons and families to enjoy the Downtown environment through socializing and experiencing the services in the Downtown, including dining outdoors. Subsequently,based on the Kiwanis' budget,they agreed to fund the purchase of the decorative benches (six-foot wide)within the four(4) sets of parklets which at the time were twenty-four(24)benches. At this time the City has received the donation from the Upland Foothill Kiwanis and is looking for the City Council to accept the funds. Construction of the Downtown Upland Parklets Project will begin later this month(February),contingent on weather conditions.

ENVIRONMENTAL DETERMINATION
Acceptance of the donation from the Upland Foothill Kiwanis is not considered a "project" under the California Environmental Quality Act(CEQA)pursuant to CEQA Guidelines Section 13578. This action is an administrative activity of the City and will not directly or indirectly result in a physical change in the environment.

FISCAL IMPACTS
Budget for the revenue(donation object code#4905)and expense(#5231)will be recorded in the General Fund(org code 1011504)using project number 32337(Downtown Parklets Project)for the purchase of benches in the downtown area.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

RICHARD JEGANATHAN,INFORMATION TECHNOLOGY MANAGER
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH BEARCOM FOR THE

INSTALLATION OF CAMERAS IN MEMORIAL PARK
RECOMMENDED ACTION:

It is recommended that the City Council approve an agreement with BearCom to purchase camera and networking hardware systems, authorize the City Manager to execute the agreement, and approve the use of$115,509.20 in American Rescue Plan Act(ARPA)funds.

GOAL STATEMENT
The proposed action supports the City's goal of providing safe public parks for the citizens of Upland.

BACKGROUND
On March 11,2021,the President signed into law the American Rescue Plan Act,also known as"ARPA."The federal stimulus program allocates $1.9 trillion over the next three years to help state and local governments respond to the economic and public health impacts of COVID-19.Under the law,each local government agency nationwide receives an allocation of ARPA funds,based on a formula.The City's share is$15.2 million.The stimulus program is designed to give communities broad latitude on spending the funds for eligible uses. These uses include(1)responding to the public health emergency or negative economic impacts for households and businesses, (2) responding to workers performing essential work during the emergency by providing premium pay or providing grants to eligible employers performing essential work,(3)providing government services,and(4)making necessary investments in water,sewer, or broadband infrastructure.

ISSUES AND ANALYSIS
The Memorial Park Camera Project is intended to address security concerns at Memorial Park,primarily near the skate park, firepit,basketball court,Landecena parking lot, and south restroom areas. The Police Department has received numerous reports of illegal activity in these areas.Homicides have taken place within 180'of each other in this vicinity as well.

On October 9, 2023, Sergeant Duran conducted a walk-through of Memorial Park with the IMPACT Team, IT Services, and Public Works to discuss this project. Before the walkthrough of the park, staff discussed the Police Department's needs,including clear and unobstructed camera field of view,high-definition videos with panning and zoom-in control,and,most importantly,ensuring that the cameras remain online without interruption.

Using this information, staff identified the areas with the primary areas of concern and locations where cameras can be placed,based on power sources and line-of-sight accessibility.

Cameras installed as a part of this project will work with our current surveillance system, including cameras at City Hall,Library,Police Department,and potential future camera projects.This technology will be critical in developing a future planned Crime Center project.

Staff determined the areas of concern could be covered by adding four new cameras and upgrading one existing camera. Using the Landecena Community Building as the existing server, Staff recommends placing cameras in the following locations:

• One camera centered along the west side of the Animal Shelter to capture a 180-degree view to the west of the shelter.
• One camera on the city-owned light pole on the north side of the basketball court to capture a south- facing 180-degree view of the court and the firepit area. The firepit is a gathering area that the homeless population frequents.This angle will overlap the south view of the camera on the Animal Shelter.This camera has a 360-degree view panning.
• One camera on the light pole on the east side of the skate park. This camera has a 180-degree view with 360-degree view panning. This view will capture the skate park parking lot, the basketball court,and the front of the Landecena Community Building. • One camera on the light pole on the northwest side of the skate park.This camera has a 360-degree view of the skate park and the north portion of the park towards the kitchen area.

The existing camera on the northwest side of the Landecena Community Building needs to be upgraded.This camera will capture a north view of the basketball courts,fire pit area,restroom, and skate park parking lot.

This system is expandable, and provides the City with an opportunity to add additional cameras after the Tiny Tot building remodel is complete,as the building could serve as a secondary location for line-of-sight capabilities to cover areas unable to be seen under this part of the project.With this connectivity established, Staff can add cameras facing south to capture the entire kitchen, amphitheater, and northwest parking areas. Staff could also add a camera on the east side of the building to capture the rose garden and north restroom area.

Public Works affirmed that the power poles at the basketball court and the skate park can currently or will shortly be modified to provide power for the cameras, and Public Works Staff will keep the trees trimmed to maintain an unobstructed field of vision.

IT Services Staff obtained three quotes for this project from Western Audio & Visual, TRL, and BearCom. The proposals were reviewed by Sergeant Duran. While Western had the lowest quote for the project at$113,934.14,Staff recommends the City select BearCom at a price of$115,509.20. Currently the City is using TRL for installing and troubleshooting the existing cameras at different locations. Selecting BearCom will provide the City with an additional resource familiar with the existing cameras in case of any outages. BearCom was recommended by the camera manufacturer,is located close to the City and agreed to provide staff with training on the camera system free of charge.

The system will provide the Police Department personnel with password-protected access to live views,playback,and remote viewing through mobile internet-connected platforms(cell phones/iPads).The system will also have one year of video retention.The quote for the video portion of this project is$115,509.20.This does not include the cost of any retrofits that Public Works may need to ensure we have the necessary power for the cameras.Funding for this project is from ARPA funds.

IT Services Staff will maintain the server at City Hall and Landecena with remote access to Police personnel. The Police Department personnel can monitor the cameras remotely from Dispatch,the Watch Commander's Office,and any other authorized department device.

The following photos depict the proposed locations:

Animal Shelter—The camera view from the west side of the animal shelter shows a westbound view toward the park.

This will be a 180-degree camera view.

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Basketball court—The camera view from the basketball court shows a south-facing view of the basketball court.

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East side of the Skate Park—The camera view from the south side of the skate park will show the skatepark, a portion of the parking lot, the restroom area, and the Landecena Community Building. This camera will have 360- degree pan capability.

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North side of the Skate Park—This camera's view captures the skate park's north side and has a 360-degree pan view of the park and skate park. This angle will show the amphitheater's south side and the playground area's south side.

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ENVIRONMENTAL DETERMINATION
The project adds cameras on existing facilities and poles and does not involve expansion of use beyond that which is existing. In accordance with the California Environmental Quality Act(CEQA)and the State CEQA Guidelines,the project is categorically exempt from further environmental review pursuant to Section 15301(c)"Existing Facilities" of the CEQA Guidelines.

FISCAL IMPACTS
The City has more than $2 million in unallocated ARPA funding. Staff is recommending City Council approve the use of$116,000 in unbudgeted ARPA funds for the Memorial Park Camera Project#25445. Approval of this item would increase the FY 23/24 operating budget in Fund 229 by$116,000 for the purchase of cameras, software, and cloud storage.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

CITY OF UPLAND

AGREEMENT FOR GENERAL SERVICES

1. PARTIES AND DATE
This Agreement for Surveillance Camera System Services ("Agreement") is entered into the 12th day of February, 2024 by and between the City of Upland, a municipal corporation organized under the laws of the State of California with its principal place of business at 460 N.

Euclid Avenue, Upland, CA 91786 ("City") and BearCom, a Texas Corporation with its principal place of business at 4009 Distribution Dr Suite 200 Garland, TX 75041 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS

2.1 Contractor.

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

2.2 Project.

City desires to engage Contractor to render such services for the Memorial Park Surveillance Camera System project ("Project") as set forth in this Agreement.

3. TERMS

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from February 12, 2024 to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amount of one BB&K(2020) 1 AGREEMENT FOR GENERAL SERVICES

hundred fifteen thousand five hundred nine dollars and twenty cents ($115, 509.20) at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed the foregoing amount without written approval of City Manager.

3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

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

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or eleven thousand five hundred fifty dollars and ninety-two cents ($11,550.92). In no event shall the total sum of the Agreement (basic compensation and Extra Work) exceed one hundred twenty-seven thousand sixty dollars and twelve cents ($127,060.12). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3 Responsibilities of Contractor.

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

BB&K(2020) 2 AGREEMENT FOR GENERAL SERVICES

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

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

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

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

3.3.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to BB&K(2020) 3 AGREEMENT FOR GENERAL SERVICES

perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Richard Jeganathan

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

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

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

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

3.3.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold BB&K(2020) 4 AGREEMENT FOR GENERAL SERVICES

City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this BB&K(2020) 5 AGREEMENT FOR GENERAL SERVICES

requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10)days shall be allowed for non-payment of premium.
(3) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(d) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
(g) Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

BB&K(2020) 6 AGREEMENT FOR GENERAL SERVICES

(h) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
(i) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
(j) Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(5) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit the Contractor's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(6) Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
(I) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing BB&K(2020) 7 AGREEMENT FOR GENERAL SERVICES

subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

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

3.4 Labor Code Requirements.

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

3.4.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and BB&K(2020) 8 AGREEMENT FOR GENERAL SERVICES

1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

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

3.5 Termination of Agreement.

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

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

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

3.6 Indemnification.

3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, BB&K(2020) 9 AGREEMENT FOR GENERAL SERVICES

its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

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

3.7 General Provisions.

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

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

3.7.2 Independent Contractors and Subcontracting.
(a) Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor's behalf are Contractor's employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of BB&K(2020) 10 AGREEMENT FOR GENERAL SERVICES

further independent contractors, subcontractors or subconsultants without the City's prior written consent.

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

Contractor:

BearCom
4009 Distribution Dr. Suite 200
Garland, TX 75041
Mark Weldon, (725)261-7655
City:

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

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

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

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

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

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

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

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

BB&K(2020) 11 AGREEMENT FOR GENERAL SERVICES

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

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

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

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

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

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

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

3.7.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business BB&K(2020) 12 AGREEMENT FOR GENERAL SERVICES

enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

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

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

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

BB&K(2020) 13 AGREEMENT FOR GENERAL SERVICES

SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF UPLAND AND

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

CITY OF UPLAND BearCom
Approved By:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
Michael Blay
City Manager
Approved as to Form: By:

Its:

Best Best & Krieger LLP Printed Name:

City Attorney
By:

Attested By:

Its:

Printed Name:

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

EXHIBIT "A"

SCOPE OF SERVICES

1.This system was designed and engineered as a turnkey solution to meet the specific needs of the Client.

System design, programming parameters, and device locations were taken into consideration based on site plans provided by the Client titled "Proposed Cameras at Memorial Park" dated 10-17-2023. If provided please refer to the supplied drawings,system design analysis, and equipment cut sheets for specific device locations and information.

2. Bearcom will provide and install all hardware listed above per the system requirements and specifications.

Exact device locations will be confirmed with the Client prior to installation.

3. For Surveillance Systems, camera views will be confirmed with the Client prior to project completion in conjunction with BearCom Project Management.

4. Client will provide equipment storage via equipment racks,fire-rated backboard, or other means of mounting unless otherwise stated.

5. BearCom will network the system based on the specifications and network architecture information provided by the Client. System will be networked using the Client provided high-speed internet connection for remote viewing and management. Client will assist in port forwarding and proper system networking if needed.

6. Network switches at the head end or in the Animal Shelter to be provided by the client.

7. Network link from the Animal Shelter to the Landecena Community Building to be provided by the existing client
wireless connection.

8.All hardware, parts,and pieces will be sourced from new stock.

9.All needed wiring will be ran with Plenum cable inside the Animal Shelter and the Landecena Community Building.

10.All system programming will be provided by BearCom. During this time specific programming parameters will be discussed with the Client to ensure proper functionality is set to meet the Client's specific needs.

11. BearCom will provide system training to the Client and their Management Team on System use and remote system management.

Exclusions:

1.All required high voltage electrical and fire-rated backboard

2. Roof penetrations

3. Fire Caulking

4. Poles

5. Conduit, raceways,cable trays,J-hooks.(unless otherwise stated)

6. Fiber Optic Cabling, Parts,and Pieces (unless otherwise stated)

7. Cable Certification

8. Network Firewalls

9. Patch Panels(if needed)

10. High Reach Lifts
BB&K(2020) 15 EXHIBIT A SCOPE OF SERVICES

EXHIBIT "B"

SCHEDULE OF SERVICES
• 5-7 Day Installation
BB&K(2020) 16 EXHIBIT B SCHEDULE OF SERVICES

EXHIBIT "C"

COMPENSATION

BEARCIIIM
Always On
City of Upland
Memorial Park
SITE ADDRESS BILLING ADDRESS CONTACT
1325 San Bernardino Road 1325 San Bernardino Road Brian Vogelesang [email protected]
Upland CA 91786 Upland CA 91786
Qty Description
Memorial Park: North Side of Skate Park
1 Altelix 14x12x10 Fiberglass WIFI Weatherproof Vented NEMA Enclosure with No-Drill PVC Equipment Mounting Plate
1 H5A Multisensor 32MP Camera Module 3.3-5.7mm
1 IR Illuminator Ring for H4 Multisensor
1 Outdoor pendant mount adapter
1 Dome bubble and cover;for outdoor surface mount or pendant mount;clear 1 Pole Mount Adapter
1 POE-INJ-BT-90W-NA
1 Wall Mount for large pendant camera
1 LAI Universal Mount-18"
1 SIK 10GbE ETH/PoE Surge Prot,Indoor
1 SIK MultiHaul TU,90deg,100Mb,3xEth,MK,PoE
1 SIK MultiHaul TU Cap.Upg.1D0-1000 Mbps
1 48V 160W Power Adapter For TI-PG541
1 5-Port Hardened Industrial Gigabit PoE+Din-Rail Switch Memorial Park:South Side of Skate Park
1 Altelix 14x12x10 Fiberglass WiFi Weatherproof Vented NEMA Enclosure with No-Drill PVC Equipment Mounting Plate
1 H5A Multisensor 32MP Camera Module 3,3-5.7mm
1 IR Illuminator Ring for H4 Multisensor
1 Outdoor pendant mount adapter
1 Dome bubble and cover;for outdoor surface mount or pendant mount;clear 1 Pole Mount Adapter
1 POE-INJ-BT-90W-NA
1 Wall Mount for large pendant camera
1 LAI Universal Mount-18"
1 SIK 10GbE ETH/PoE Surge Prot,Indoor
1 SIK MultiHaul TU,90deg,100Mb,3xEth,MK,PoE
INITIAL:

BB&K(2020) 17 EXHIBIT C COMPENSATION

BEARC"iuM
Always On
Qty Description
1 SIK MultiHaul TU Cap.Upg.100-1000 Mbps
1 48V 160W Power Adapter For TI-PG541
1 5-Port Hardened Industrial Gigabit PoE+ Din-Rail Switch Memorial Park: North Basketball Court
1 Altelix 14x12x10 Fiberglass WiFi Weatherproof Vented NEMA Enclosure with No-Drill PVC Equipment Mounting Plate
1 H5A Multisensor 32MP Camera Module 3.3-5.7mm
1 IR Illuminator Ring for H4 Multisensor
1 Outdoor pendant mount adapter
1 Dome bubble and cover;for outdoor surface mount or pendant mount; clear 1 Pole Mount Adapter
1 POE-INJ-BT-90W-NA
1 Wall Mount for large pendant camera
1 LAI Universal Mount- 18"
1 5IK 10GbE ETH/PoE Surge Prot,Indoor
1 SIK Mu ItiHaul TU,90deg,100Mb,3xEth,MK,PoE
1 5IK MultiHaul TU Cap.Upg.100-1000 Mbps
1 48V 160W Power Adapter For TI-PG541
1 5-Port Hardened Industrial Gigabit PoE+ Din-Rail Switch Memorial Park: West Side Animal Shelter
1 H5A Multisensor 24MP Camera Module 3.3-5.7mm
1 IR Illuminator Ring for H4 Multisensor
1 Outdoor pendant mount adapter
1 Dome bubble and cover;for outdoor surface mount or pendant mount; clear 1 1.5 inch NPT Adapter for Large Pendant Mount Camera 1 POE-IN3-BT-90W-NA
1 Belden M58281B Mohawk CAT6 Plenum Cable,6LAN,23/4 Solid BC, Unshielded, UTP,CMP, 1000' (304.8m) Box, Blue
Memorial Park: Head End
1 APC SMT1500RM2UC Line Interactive Smart-UPS with SmartConnect Port/SmartSlot, 1500VA/1000W, 6 NEMA 5- 15R Outlets
4 ACC7 Enterprise camera channel w/Smart Plan, lYr
1 NVR5-PRM-192TB-S19-NA
2 LAI Universal Mount- 18'
1 5IK 10GbE ETH/PoE Surge Prot,Indoor
1 SIK MH BU,90deg,500Mb,2xEth,lxSFP,MK,PoE
1 SIK MultiHaul BU Cap.Upg.500-1800 Mbps
INITIAL:

BB&K(2020) 18 EXHIBIT C COMPENSATION

BEARC"ii'M°
Always on
1 SIK SmartHaul EMS w/Lic up to 20Elem incl 1st y
Labor
Subtotal $115,509.20
Shipping
Total $115,509.20
INITIAL:

BB&K(2020) 19 EXHIBIT C COMPENSATION

BB&K(2020) 20 EXHIBIT D FEDERAL PROVISIONS

� �p1
4�� 94. CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Stafif(krctill
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

TERRY DOYLE,DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: CONSIDER APPROVAL OF A TITLE CHANGE AND REVISED JOB SPECIFICATIONS

FOR THE FINANCE OFFICER CLASSIFICATION
RECOMMENDED ACTION:

It is recommended that the City Council approve the title change from Finance Officer to Finance Manager and the revisions to the job specifications for the Finance Manager classification.

GOAL STATEMENT
The proposed action supports the City's goal to correctly classify employees based on the job duties performed.

BACKGROUND
The City of Upland's Merit System Rules and Regulations establish the personnel system for the City of Upland and provide for an equitable and uniform procedure for dealing with personnel matters through a department of personnel and provide for employment within the City of Upland on a merit basis,so the best qualified person shall be brought into the service of the City.

In addition to establishing an equitable and uniform procedure for dealing with personnel matters,the Merit System Rules and Regulations establishes a classification plan for personnel. This classification plan provides a group of j obs by commonality of duties,responsibilities,and functions for each job specification within the plan.

From time-to-time, as may be deemed necessary to carry out the intent and purposes of the City, the Council may revise the classification plan covering all positions in the competitive service.

ISSUES AND ANALYSIS
The revisions to the job specifications for the Finance Manager are needed to accurately reflect the duties the position is performing and to accurately title the position. The attached document shows a redline version of all proposed changes to the specifications for the series.

Although, all job specifications were reviewed as part of the Classification and Compensation Study the City conducted in January 2023,the current incumbent has announced their retirement and as such the City would like to ensure the next candidate has the needed qualifications and experience to successfully lead the Finance Division and manage the budget for the City.

This position is part of the Non-Represented/Confidential unit.

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.

of z NovembeFFebruary 20222024
FLSA: Exempt
,,gg,� � g
�4.GISO FINANCE OF-FIC—ERMANAGER

DEFINITION
Under general direction, plans, organizes, oversees, coordinates, and manages the staff and operations of the Finance Division, including the accounting and customer service functions of the City; provides complex technical support to the Assistant City Manager in areas of expertise; performs highly complex professional municipal accounting duties including preparing, monitoring, forecasting, and analyzing financial information; assists in preparation of the budget and special projects; functions as a member of the Department's management team; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Assistant City Manager.Exercises direct supervision over supervisory, professional,technical,and administrative support staff

CLASS CHARACTERISTICS
This is a management classification responsible for planning, organizing, and managing the staff, operations, and activities of the Finance Division. Incumbents are responsible for performing diverse, specialized, and complex work involving significant accountability and decision-making responsibilities, which include division budget administration, program evaluation, and recommendation and implementation of policies, procedures, goals, objectives, priorities, and standards related to accounting, payroll, and budgeting. Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within broad guidelines.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job.
➢ Plans, manages, and oversees the daily functions, operations, and activities of the Finance Division, including the accounting and customer service functions of the City. ➢ Participates in the development and implementation of goals,objectives,policies,and priorities for the divisiengeneral finance functions and assigned programs, ensuring compliance with laws,regulations, City policies, outside granting agencies and generally accepted accounting principles and procedures; recommends within division policy, appropriate service and staffing levels; recommends and administers policies and procedures.
➢ Participates in the development, administration, and oversight of division budget; determines funding needed for staffing, equipment, materials, and supplies; ensures compliance with budgeted funding; oversees and develops annual and quarterly revenue projections and estimates used in connection with preparation of annual budgets;researches and monitors new revenue sources. ➢ Participates in annual budget preparation; identifies resource needs; prepares detailed cost estimates with appropriate justifications; submits budget recommendations; monitors expenditures; advises and consults with management on accounting and budgetary concerns; provides information and recommendations as appropriate.

Finance OfficerManager

➢ Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload,administrative and support systems, and internal reporting relationships; identifies opportunities and makes recommendations for improvement. ➢ Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies;recommends and implements discipline and termination procedures. ➢ Develops and manages requests for proposals for professional and/or contracted services; prepares scope of work and any technical specifications; evaluates proposals and recommends award;negotiates contracts; administers contracts to ensure compliance with City specifications and service quality. ➢ Supervises, participates in, and reviews the work of employees maintaining the City's general ledger and chart of accounts and preparing monthly and annual financial statements and schedules; analyzes, prepares, and reviews journal entries; coordinates monthly and annual closing activities,taking action to ensure the accurate processing and timing of all required accounting transactions to present accurate statements of the City's financial position.
➢ Oversees cash management initiatives,bank relationships, and day-to-day treasury operations. ➢ Oversees and administers City debt and related tax assessments as appropriate;participates in the bond issuance process; assures compliance with bond covenants, accounting standards, and budgeting requirements.
➢ Maintains stewardship for financial assets and debt; ensures the maintenance of corporate liquidity and financial stability.
➢ Manages the City's investment portfolio and ensures compliance with the City's investment policy. ➢ Answers staff and department questions about appropriate accounts for charging of expenses; supervises the preparation of periodic financial reports for the City Manager and departments; supervises the reconciliation of accounts and records and the posting of revenues. ➢ Manages the work of employees responsible for cash control,accounts payable and receivable,payroll, and purchasing; manages and participates in ensuring the smooth operations of the general ledger accounting and payroll computer systems.
➢ Manages the work of employees responsible for utility billing and collections and business license tax billing, collections, and enforcement.
➢ Establishes and maintains internal control procedures and ensures accounting standards are met. ➢ Participates in completion of work required in connection with the City's year-end audit with outside auditors.
➢ Participates in preparing the State Controller's Report; obtains data and prepares special schedules and spreadsheets;reviews working papers and schedules prepared by staff for use in report preparation. ➢ Prepares fee and rate schedules and implements changes. ➢ Responds to requests for information and advises City departments, other governmental agencies and the public on City financial and accounting practices,policies,procedures and data. ➢ Prepares and presents staff and agenda reports and other necessary correspondence related to assigned activities and services;presents reports to various commissions,committees, and boards. ➢ Conducts a variety of organizational and operational studies and investigations; recommends modifications to assigned programs,policies, and procedures, as appropriate.

Finance OfficerManager

➢ Serves as a liaison for assigned functions with other City departments, divisions, and outside agencies; provides staff support to commissions, committees,and task forces, as necessary. ➢ Attends and participates in professional group meetings; stays abreast of new trends and innovations in finance and budget administration; researches emerging products and enhancements and their applicability to City needs.
➢ Monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval.
➢ Receives,investigates,and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action. ➢ Directs the establishment and maintenance of working and official division files. ➢ Ensures staff compliance with City and mandated safety rules,regulations, and protocols. ➢ Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
➢ Administrative principles and practices,including goal setting,program development,implementation, and evaluation, and project management.
> Principles and practices of budget development and administration. ➢ Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. > Principles and practices of leadership.
> Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
➢ Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned areas of responsibility.
➢ Organization and management practices as applied to the development, analysis, and evaluation of programs,policies, and operational needs of the assigned area of responsibility. > Principles and practices of contract administration and management. ➢ Governmental Accounting Standards Board (GASB) and Generally Accepted Accounting Principles (GAAP).
> Principles and practices of general, fund, and governmental accounting including financial statement preparation and methods of financial control and reporting. > Comprehensive Annual Financial Reporting for municipal agencies. ➢ Principles and practices of cost accounting.
➢ Internal control and compliance audit principles,practices, and methods. > Principles and practices of municipal budgeting.
> Types and sources of municipal revenues and financing. > City functions and associated financial management and reporting issues. ➢ Principles and practices of business data processing particularly related to the processing of accounting and financial information, including applicable software packages. ➢ The operations,requirements, and codes of the City's automated general ledger system. ➢ Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business,professional, educational,regulatory, and legislative organizations. ➢ Recent and on-going developments, current literature, and sources of information related to the operations of the assigned division.

Finance OfficerManager

➢ Methods and techniques of preparing technical and administrative reports, and general business correspondence.
➢ City and mandated safety rules,regulations, and protocols. ➢ Modern equipment and communication tools used for business functions and program,project,and task coordination, including computers and software programs relevant to work performed. ➢ The structure and content of the English language, including the meaning and spelling of words,rules of composition, and grammar.
➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors,contractors, and City staff.

Ability to:
➢ Plan, organize, oversee, and manage the Finance Division staff and operations. ➢ Develop and implement goals, objectives,practices,policies,procedures, and work standards. ➢ Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner.
➢ Provide administrative,management, and professional leadership for the division. ➢ Select and supervise staff,provide training and development opportunities, ensure work is performed effectively,and evaluate performance in an objective and positive manner. ➢ Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
➢ Evaluate and develop improvements in operations,procedures,policies, or methods. ➢ Operate a computer and spreadsheet software; analyze and make sound recommendations on complex financial data and operations.
➢ Plan and evaluate financial programs and make sound recommendations for improvement. ➢ Understand, interpret, explain, and apply City, state, and federal laws regulating financial accounting, reporting, and record keeping.
➢ Understand and accurately use the City's Chart of Accounts and schedules of rates and fees. ➢ Develop and implement financial procedures and controls. ➢ Perform complicated mathematical calculations and analyses. ➢ Prepare clear, concise, and comprehensive reports, correspondence, financial statements, policies, procedures,and other written materials.
➢ Make clear, concise, and persuasive presentations.
➢ Research, analyze, and evaluate new service delivery methods,procedures, and techniques. ➢ Analyze, interpret, summarize, and present technical information and data in an effective manner. ➢ Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
➢ Effectively represent the division and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, and in meetings with individuals.
➢ Direct the establishment and maintenance of a variety of filing,record-keeping, and tracking systems. ➢ Independently organize work, set priorities,meet critical deadlines, and follow-up on assignments. ➢ Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
➢ Communicate clearly and concisely,both orally and in writing,using appropriate English grammar and syntax.
➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Establish,maintain, and foster positive and effective working relationships with those contacted in the course of work.

Finance OfficerManager

Education and Experience:

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

Education:
➢ Equivalent to a bachelor's degree from an accredited college or university with major coursework in accounting, finance,business administration, or a related field.

Experience:
➢ Six (6) years of increasingly responsible experience in the management of public finance, of which three (3)years should be in a management or supervisory capacity.

Finance OfficerManager

Licenses and Certifications:
➢ Possession of a valid California Driver's License,to be maintained throughout employment_

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry,push, and pull materials and objects up to 20 pounds.

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

Department/Division: Finance
Reports To: Assistant City Manager
Provides Direction To: Accounting Supervisor, Senior Accountant, Utility Billing & Customer Service Supervisor, Sr. Accounting Technician (Payroll) Exemption Status: Exempt
Employment Grouping: Non-Representative/Confidential
Date Prepared: November 2022
Updated: January February 2312,20232024

of ur4 February 2024
FLSA: Exempt
ilea
o9yl tr, FINANCE MANAGER

DEFINITION
Under general direction, plans, organizes, oversees, coordinates, and manages the staff and operations of the Finance Division, including the accounting and customer service functions of the City; provides complex technical support to the Assistant City Manager in areas of expertise; performs highly complex professional municipal accounting duties including preparing, monitoring, forecasting, and analyzing financial information; assists in preparation of the budget and special projects; functions as a member of the Department's management team; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Assistant City Manager.Exercises direct supervision over supervisory, professional,technical,and administrative support staff

CLASS CHARACTERISTICS
This is a management classification responsible for planning, organizing, and managing the staff, operations, and activities of the Finance Division. Incumbents are responsible for performing diverse, specialized, and complex work involving significant accountability and decision-making responsibilities, which include division budget administration, program evaluation, and recommendation and implementation of policies, procedures, goals, objectives, priorities, and standards related to accounting, payroll, and budgeting. Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within broad guidelines.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job.
➢ Plans, manages, and oversees the daily functions, operations, and activities of the Finance Division, including the accounting and customer service functions of the City. ➢ Participates in the development and implementation of goals, objectives, policies, and priorities for general finance functions and assigned programs, ensuring compliance with laws, regulations, City policies, outside granting agencies and generally accepted accounting principles and procedures; recommends within division policy, appropriate service and staffing levels; recommends and administers policies and procedures.
➢ Participates in the development, administration, and oversight of division budget; determines funding needed for staffing, equipment, materials, and supplies; ensures compliance with budgeted funding; oversees and develops annual and quarterly revenue projections and estimates used in connection with preparation of annual budgets;researches and monitors new revenue sources. ➢ Participates in annual budget preparation; identifies resource needs; prepares detailed cost estimates with appropriate justifications; submits budget recommendations; monitors expenditures; advises and consults with management on accounting and budgetary concerns; provides information and recommendations as appropriate.

Finance Manager

➢ Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload,administrative and support systems, and internal reporting relationships; identifies opportunities and makes recommendations for improvement. ➢ Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies;recommends and implements discipline and termination procedures. ➢ Develops and manages requests for proposals for professional and/or contracted services; prepares scope of work and any technical specifications;evaluates proposals and recommends award;negotiates contracts; administers contracts to ensure compliance with City specifications and service quality. ➢ Supervises, participates in, and reviews the work of employees maintaining the City's general ledger and chart of accounts and preparing monthly and annual financial statements and schedules; analyzes, prepares, and reviews journal entries; coordinates monthly and annual closing activities,taking action to ensure the accurate processing and timing of all required accounting transactions to present accurate statements of the City's financial position.
➢ Oversees cash management initiatives,bank relationships, and day-to-day treasury operations. ➢ Oversees and administers City debt and related tax assessments as appropriate;participates in the bond issuance process; assures compliance with bond covenants, accounting standards, and budgeting requirements.
➢ Maintains stewardship for financial assets and debt; ensures the maintenance of corporate liquidity and financial stability.
➢ Manages the City's investment portfolio and ensures compliance with the City's investment policy. ➢ Answers staff and department questions about appropriate accounts for charging of expenses; supervises the preparation of periodic financial reports for the City Manager and departments; supervises the reconciliation of accounts and records and the posting of revenues. ➢ Manages the work of employees responsible for cash control,accounts payable and receivable,payroll, and purchasing; manages and participates in ensuring the smooth operations of the general ledger accounting and payroll computer systems.
➢ Manages the work of employees responsible for utility billing and collections and business license tax billing, collections, and enforcement.
➢ Establishes and maintains internal control procedures and ensures accounting standards are met. ➢ Participates in completion of work required in connection with the City's year-end audit with outside auditors.
➢ Participates in preparing the State Controller's Report; obtains data and prepares special schedules and spreadsheets;reviews working papers and schedules prepared by staff for use in report preparation. ➢ Prepares fee and rate schedules and implements changes. ➢ Responds to requests for information and advises City departments, other governmental agencies and the public on City financial and accounting practices,policies,procedures and data. ➢ Prepares and presents staff and agenda reports and other necessary correspondence related to assigned activities and services;presents reports to various commissions,committees, and boards. ➢ Conducts a variety of organizational and operational studies and investigations; recommends modifications to assigned programs,policies, and procedures, as appropriate.

Finance Manager

➢ Serves as a liaison for assigned functions with other City departments, divisions, and outside agencies; provides staff support to commissions, committees,and task forces, as necessary. ➢ Attends and participates in professional group meetings; stays abreast of new trends and innovations in finance and budget administration; researches emerging products and enhancements and their applicability to City needs.
➢ Monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval.
➢ Receives,investigates,and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action. ➢ Directs the establishment and maintenance of working and official division files. ➢ Ensures staff compliance with City and mandated safety rules,regulations, and protocols. ➢ Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
➢ Administrative principles and practices,including goal setting,program development,implementation, and evaluation, and project management.
➢ Principles and practices of budget development and administration. ➢ Principles and practices of employee supervision, including work planning, assignment, review and evaluation,and the training of staff in work procedures. ➢ Principles and practices of leadership.
➢ Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
➢ Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned areas of responsibility.
➢ Organization and management practices as applied to the development, analysis, and evaluation of programs,policies, and operational needs of the assigned area of responsibility. ➢ Principles and practices of contract administration and management. ➢ Governmental Accounting Standards Board (GASB) and Generally Accepted Accounting Principles (GAAP).
➢ Principles and practices of general, fund, and governmental accounting including financial statement preparation and methods of financial control and reporting. ➢ Comprehensive Annual Financial Reporting for municipal agencies. ➢ Principles and practices of cost accounting.
➢ Internal control and compliance audit principles,practices, and methods. ➢ Principles and practices of municipal budgeting.
➢ Types and sources of municipal revenues and financing. ➢ City functions and associated financial management and reporting issues. ➢ Principles and practices of business data processing particularly related to the processing of accounting and financial information, including applicable software packages. ➢ The operations,requirements, and codes of the City's automated general ledger system. ➢ Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business,professional, educational,regulatory, and legislative organizations. ➢ Recent and on-going developments, current literature, and sources of information related to the operations of the assigned division.

Finance Manager

➢ Methods and techniques of preparing technical and administrative reports, and general business correspondence.
➢ City and mandated safety rules,regulations, and protocols. ➢ Modern equipment and communication tools used for business functions and program,project,and task coordination, including computers and software programs relevant to work performed. ➢ The structure and content of the English language, including the meaning and spelling of words,rules of composition, and grammar.
➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
➢ Plan, organize, oversee, and manage the Finance Division staff and operations. ➢ Develop and implement goals, objectives,practices,policies,procedures, and work standards. ➢ Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner.
➢ Provide administrative,management, and professional leadership for the division. ➢ Select and supervise staff,provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. ➢ Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
➢ Evaluate and develop improvements in operations,procedures,policies, or methods. ➢ Operate a computer and spreadsheet software; analyze and make sound recommendations on complex financial data and operations.
➢ Plan and evaluate financial programs and make sound recommendations for improvement. ➢ Understand, interpret, explain, and apply City, state, and federal laws regulating financial accounting, reporting, and record keeping.
➢ Understand and accurately use the City's Chart of Accounts and schedules of rates and fees. ➢ Develop and implement financial procedures and controls. ➢ Perform complicated mathematical calculations and analyses. ➢ Prepare clear, concise, and comprehensive reports, correspondence, financial statements, policies, procedures,and other written materials.
➢ Make clear, concise, and persuasive presentations.
➢ Research, analyze, and evaluate new service delivery methods,procedures, and techniques. ➢ Analyze, interpret, summarize, and present technical information and data in an effective manner. ➢ Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
➢ Effectively represent the division and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, and in meetings with individuals.
➢ Direct the establishment and maintenance of a variety of filing,record-keeping, and tracking systems. ➢ Independently organize work, set priorities,meet critical deadlines, and follow-up on assignments. ➢ Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
➢ Communicate clearly and concisely,both orally and in writing,using appropriate English grammar and syntax.
➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Establish,maintain, and foster positive and effective working relationships with those contacted in the course of work.

Finance Manager

Education and Experience:

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

Education:
➢ Equivalent to a bachelor's degree from an accredited college or university with major coursework in accounting, finance,business administration, or a related field.

Experience:
➢ Six (6) years of increasingly responsible experience in the management of public finance, of which three (3)years should be in a management or supervisory capacity.

Licenses and Certifications:
➢ Possession of a valid California Driver's License,to be maintained throughout employment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry,push, and pull materials and objects up to 20 pounds.

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

Department/Division: Finance
Reports To: Assistant City Manager
Provides Direction To: Accounting Supervisor, Senior Accountant, Utility Billing & Customer Service Supervisor, Sr. Accounting Technician (Payroll) Exemption Status: Exempt
Employment Grouping: Non-Representative/Confidential
Date Prepared: November 2022
Updated: February 12, 2024

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DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

STACEY PADRON,EXECUTIVE ASSISTANT I
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH EPIPE-PIPE RESTORATION INC.

FOR CITY HALL PIPE COATING PROJECT
RECOMMENDED ACTION:

It is recommended that the City Council approve an agreement with ePipe-Pipe Restoration Inc. for the City Hall restroom pipe coating project;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining the integrity of City-owned assets.

BACKGROUND
On June 13,2022,the City Council approved$90,000 for the City Hall Water Supply Repair and Improvements capital improvement in conjunction with the adoption of the FY 22/23 Operating and Capital Budget.

On February 27,2023,the City Council approved an additional$160,000 for the City Hall Water Supply Repair and Improvements capital improvement in conjunction with their approval of the Mid-Year Budget Review's Proposed Adjustments.

ISSUES AND ANALYSIS
Over time,wear and tear,corrosion and other factors have led to consistent issues with the restrooms located in City Hall. Timely maintenance is essential to uphold sanitation standards,prevent service interruptions and to avoid more costly repairs in the future.Pipe Coating is a cost effective and minimally disruptive repair method where a new pipe liner is inserted into the existing damaged pipe.

In pursuing companies that provide a pipe coating service,they identified ePipe-Pipe Restoration Inc.,who provided staff with a sole source letter identifying themselves as the only company in Southern California with the expertise and specialization in pipe coating.

After receiving the quote from ePipe,staff continued to research and discovered there was another local vendor,Cura- Flo that provided a similar services. After obtaining quotes from each vendor, it was determined that ePipe-Pipe Restoration Inc.was the best option due to a much lower price and the alternative vendor not providing the service on domestic water lines in California.

The quote from ePipe is$183,100,with an additional$5,040 performance bond.

ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of CEQA Guidelines. The project involves repair,maintenance, and retrofit of existing public facilities, and does not involve any expansion of use beyond that which is existing.

FISCAL IMPACTS
Adequate budget for the City Hall Water Supply Repairs and Improvements project already exists in account 4257500 XXXX 82344.No additional appropriations are necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Exempt

CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12' day of February, 2024 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and ePipe — Pipe Restoration Inc., a California Corporation with its principal place of business at 2926 W Pendleton Ave, Santa Ana, CA 92704 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing Plumbing and Pipe Coating services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

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

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Plumbing and Pipe Coating maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 12, 2024 to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
- 1 -

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance

3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City's Representative. The City hereby designates Richard Smiderle, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. - 2 -

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

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

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

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or"B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of two hundred and fifty Dollars $250 per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.
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3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to -4 -

immediately remove from the Project any person found not to be in compliance with such requirements.

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

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and - 5-

subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 occurrence, $2,000,000 aggregate, with a $5,000,000 umbrella per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers'Compensation and Employer's Liability:Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company - 6 -

or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended)to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, - 7-

officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B)any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. - 8 -

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

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

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "A" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "A" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The - 9-

surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of - 10 -

acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit"A" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred eighty-three thousand one hundred dollars ($183,100) without written approval of the City Manager. Extra Work may be authorized, as described below.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
- 11 -

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or"maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
- 12 -

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

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

3.5 General Provisions.

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

Contractor:
ePipe — Pipe Restoration Inc.
2926 W Pendleton Ave
Santa Ana, CA 92704
Jason Houck (714) 564-7600 ext 4
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Operations Manager, Public Works
With Copy To:

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

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other - 13 -

related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City.

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

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term - 14 -

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

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

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

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, - 15-

understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Fleet Compliance.

3.5.18.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). A Fleet Compliance Certification Form is attached hereto as Exhibit "D" and incorporated herein by this reference.

3.5.18.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City.

3.5.18.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]
- 16 -

SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND EPIPE — PIPE RESTORATION INC.

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

CITY OF UPLAND EPIPE — PIPE RESTORATION INC.
[IF CORPORATION, TWO SIGNATURES,
APPROVED BY: PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]

MICHAEL BLAY,
City Manager
By:

Its:

ATTESTED BY:

Printed
Name:

KERI JOHNSON,
City Clerk
By:

APPROVED AS TO FORM:

Its:

Best Best & Krieger LLP Printed
City Attorney Name:

Contractor's License Number
DIR Registration Number
- 17 -

EXHIBIT A

SCOPE OF SERVICES AND COMPENSATION
The Work includes restoration of the hot & cold potable water systems within all units and common areas.

1. Contractor will isolate the hot, cold, and recirculating water piping system near where the
pipes enter the mechanical room; the process will be applied to the piping from this point
to the angle stop locations of the fixtures. (mixed copper and galvanized pipes inside the mechanical not included)

2. New angle stops and new supply lines at sinks and toilets will be installed.

3. Floors and carpets will be protected in the work areas.

4. Any necessary drywall work will be repaired to finish surface ready condition.

5. The Pipe Restoration Inc. team will provide tenant meetings as desired.

Specific Exclusions:

Specifically excluded from the Scope of Work, in addition to any items noted above: , heating or cooling system, waste, irrigation, vent, solar, gas and/or storm drain piping and fire suppression system.

1. Piping less than %" I.D., (Inside Diameter).

2. Mixed copper and galvanized pipe in Mechanical room.

3. Asbestos, lead paint, toxic mold, or other hazardous material abatement.

4. Moving of any appliances. (i.e., Refrigerators, washers, and dryers).

5. Wallpaper, paint, tile, or any specialty finishes repair.

6. Opening and restoring plastic, marble, or granite tub surrounds.

7. Restoration of "dead leg" pipes and hammer arrestors.

8. Restoration of any non-pressurized piping (i.e.: tub/shower head and spout piping).

9. Replacement of shower valves, trap or fixture replacements, new tub/shower mixing valve assemblies, any trim upgrades (except for those installed on the shower valves access), additional shut-off valves (unless otherwise noted), steel nipples, leaking plumbing fixtures, and fiberglass wall material and installation.

10. Parking.

11. Warranty on existing piping not to code.

12. Permits required for restoration.

Pricing Estimate for Prevailing Wage:

Restoration of Hot & Cold Potable Water Piping System Within the building: $183,100.00 (Galvanized piping system runs horizontally)

EXHIBIT C

EXHIBIT B

SCHEDULE OF SERVICES
Restoration for Upland City Hall will be completed in approximately 16 days.

EXHIBIT C

EXHIBIT C

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
❑ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ❑ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ❑ The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:

Signature:

Name:

Title:

Date:

EXHIBIT C

A3IFIIIIIIIIII.9'
/ICE DUR/IFLO® Beiier than a repipe®
THE REPIPING ALTERNATIVE without destroying waits.

Richard Smiderle October 18, 2023
Public Works Operations Manager
City of Upland
1370 N. Benson Ave.

Upland, CA 91786
Re: Sole Source Provider of the ACE DuraFlo® ePIPE® System Mr. Smiderle,
This letter is to confirm that Pipe Restoration Inc. is an authorized installer of ACE DuraFlo's patented ePIPE®pipe restoration system. Pipe Restoration Inc. is located in Santa Ana, CA and is the sole source ePIPE installer for complete building pipe restoration in southern California.

Please contact me if you need further clarification on this matter.

Sincerely,
., :::=3'''''1/4/ 4-- -----:--------
Larry Gillanders
CEO
ACE DuraFlo® Systems, LLC
www.AceDuraFlo.com
direct: 714-356-3734
P ACE DuraFlo Systems, LLC
NSA \` • •' 2926 W. Pendleton Ave • Santa Ana, CA 92704 Toll-Free: (888)775,0220 Page 101 of 137
www.ACEDuraFlo.com

� �p
4�� 19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Stafif(krctill
_,
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:BRADEN YU,PUBLIC WORKS DIRECTOR/CITY ENGINEER SUBJECT: CONSIDER APPROVAL OF AN AMENDMENT TO THE ON-CALL UTILITY MANAGER

AND STAFF AUGMENTATION AGREEMENT
RECOMMENDED ACTION:

It is recommended that the City Council approve the first Amendment to the On-call Utility Manager and Staff Augmentation Agreement extending the contract term;increasing the contract amount by$80,000 for a total contract amount of$128,600;approving a budget transfer;and authorize the City Manager to execute the amendment and any future amendments/extensions within the City Manager's authority.

GOAL STATEMENT
The proposed action supports the City's goal of providing cost-effective,and reliable utilities service to its ratepayers.

BACKGROUND
In 1971, laws and regulations governing the certification of potable water treatment facility operation were enacted.

The regulations establish at what level these facilities should be manned, the minimum qualifications for testing at each of the five grade levels, and the criteria for the renewal and revocation of operator certificates. The City has a "D5"Distribution System and requires a Grade 5 Distribution Operator in order to run the Water Utility.

In August 2023,the City's Utility Manager was unavailable to work at the City. As a result,on August 14,2023,the City entered into a professional services agreement with WaterWorkforce to provide On-call Utility Manager and Water Professional and Maintenance Staff Augmentation Services to fill in while the Utility Manager was out.

WaterWorkforce is a full-service water utility management company that specialize in providing utility staffing,plant management,consulting, and training services to municipalities,cities,and private clients throughout California and across the United States.

The original agreement was for Forty-Eight Thousand Six-Hundred Dollars ($48,600) to cover six (6) months of service. Although the contract allows for an extension,the contract is set to end on February 14,2024,and funds have been expended.

ISSUES AND ANALYSIS
As of January 1,2024,the Utility Manager is no longer employed by the City and the City is in the process of searching for a permanent replacement. The City still requires an interim Utility Manager until a replacement can be found, so staff are requesting to extend the contract with WaterWorkforce through the end of the year(December 31,2024). In addition, staff are requesting to increase WaterWorkforce's contract by an additional $80,000 allocation for a total contract amount of$128,600.

ENVIRONMENTAL DETERMINATION
The subject action approves an amendment to a professional service agreement for staff augmentation services. This is not considered a"project"under the California Environmental Quality Act(CEQA)pursuant to Section 15378(b)(4) of the CEQA Guidelines. Under this section, a project does not include the creation of a government funding mechanism or other government fiscal activities,which do not involve any commitments to any specific project which may result in a potentially significant physical impact on the environment.

FISCAL IMPACTS
The vacancy of the utility manager position resulted in budget savings from unused salary and benefits. With this action, Staff are requesting the City Council authorize a budget transfer of$72,000 from salary and benefits in the Water Fund(Fund 640)to contract services account 640-6201-5253 and$8,000 from salary and benefits in the Sewer Fund(Fund 645)to contract services account 645-6402-5253.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL UTILITY MANAGER AND STAFF AUGMENTATION SERVICES THIS FIRST AMENDMENT TO AGREEMENT is made and effective as of February 12, 2024, between the City of Upland, a municipal corporation ("City")and WaterWorkforce,a California corporation having offices at 1618 Couples Court, Upland CA 91784 ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties"

RECITALS
A. WHEREAS, the Parties entered into a professional services agreement, dated August 14, 2023, for On-call Utility Manager and Staff Augmentation Services (the "Original Agreement"); and

8. WHEREAS, the Parties now desire to enter into an amendment to the Original Agreement in order to include additional funds for the continued performance of the services.

NOW THEREFORE, in consideration of the mutual promises and undertakings of the Parties hereinafter set forth, the Parties to this First Amendment mutually agree as follows:

AMENDMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. Section 2, Compensation, Subsection (b) of the Master Agreement is amended to replace the not-to-exceed amount with the sum of One Hundred Twenty-Eight Thousand Six Hundred Dollars ($128,600).

3. Term. Section 5, Term of the Master Agreement is amended to provide that the term is August 14, 2023 to December 31, 2024.

4. Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

5. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes.

6. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

1 SIGNATURE PAGE FOR

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL UTILITY MANAGER AND STAFF AUGMENTATION SERVICES IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of the day and year first above written.

CITY OF UPLAND WATERWORKFORCE
a California municipal corporation [If Corporation, TWO SIGNATURES, President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Michael Blay, City Manager
Name:

Title:

Attest:

By:

Keri Johnson, City Clerk
Name:

Title:

Approved As to Legal Form:

Stephen Deitsch, City Attorney

2 4,a trpl CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:BRADEN YU,PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: CONTRACT CHANGE ORDER FOR PARKING LOT&ALLEY REHABILITATION PROJECT EAST OF FIRST AVENUE,NORTH OF"A"STREET
RECOMMENDED ACTION:

It is recommended that the City Council authorize a contract change order to Gentry General Engineering,Inc. in the amount of $75,019; approve a contingency of$14,981 for a total change order amount of$90,000; approve an additional allocation of ARPA funds of$90,000; 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 parking lots.

BACKGROUND
On May 22, 2023, the City Council awarded the Parking Lot & Alley Rehabilitation Project to Gentry General Engineering, Inc. in the amount of$1,335,000 including contingency to rehabilitate a public parking lot and three public alleys generally located on the east side of First Avenue, approximately 150 feet north of"A" Street, in the downtown area. The project included $300,602.72 in American Rescue Plan Act (ARPA) fund allocated for FY 2023/24. The project is anticipated to be completed in April 2024.

On June 12,2023,the City Council approved a resolution adopting the Fiscal Year 2023/24 annual budget. Included in the Capital Improvement Program was$750,000 in ARPA funds set aside for Downtown Parking Lot Rehabilitation in account 229-7500-16127.

ISSUES AND ANALYSIS
While construction progresses on the project, an opportunity for a public/private partnership arose on another city- owned parking lot(APN 1046-592-24)located on the north side of"A"Street,west of 2nd Avenue,essentially directly southeast of the current parking lot that is under construction. Recognizing the similar types of improvements to be constructed,location,and economies of scale,the City negotiated a change order with Gentry General Engineering to construct the additional parking lot improvements, including ADA parking and access upgrades, asphalt concrete reconstruction, and striping replacements. Business owners and the Parking and Business Improvement Area ("PBIA")are willing to eventually contribute$20,000 towards the change order cost. When received,the contribution will reduce fund 229 cost to approximately$70,000.

ENVIRONMENTAL DETERMINATION
The project involves repair and maintenance of an existing public facility and does not involve expansion of use beyond that which is existing. In accordance with the California Environmental Quality Act(CEQA) and the State CEQA Guidelines,the project is categorically exempt from further environmental review pursuant to Section 15301(c) "Existing Facilities"of the CEQA Guidelines.

FISCAL IMPACTS
Approval of this item would result in an appropriation of$90,000 (including contingencies) to add an additional parking lot to the scope of work. Sufficient funds are available in the FY 23-24 CIP,Account No.229-7500-16127.

ALTERNATIVES

1. Do not approve the contract change order.

2. Provide alternative direction to staff.

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) "Existing Facilities" of the CEQA Guidelines.

4 0v UPt4 City of Upland
4 - �. Public Works Department
cy..

Engineering Division
1370 N. Benson Avenue
5 `
' ' Upland, CA 91786
°.qtx ���` Telephone (909) 291-2930
Facsimile (909) 291-2974

REQUEST FOR QUOTATION
( THIS IS NOT AN ORDER )
REQUEST NO. PROJECT DATE ISSUED
1 Parking Lot Rehabilitation ("A" Street) 12/13/2023 APN 1046-592-24

FOR INFORMATION CALL
NAME ! TELEPHONE NUMBER
Bob Critchfield, PE AREA CODE NUMBER
Engineering Manager (909) 291-2946
[email protected] _
TO:

NAME COMPANY
Brenton Gentry Gentry General Engineering, Inc.

STREET ADDRESS
9277 Archibald Avenue
CITY STATE ZIP CODE
Rancho Cucamonga CA 91730
TELEPHONE NUMBER STATE CONTRACTORS LICENSE No.AND CLASSIFICATION (909) 330-1128 974279 Class A
EMAIL
[email protected]
PLEASE FURNISH QUOTATIONS TO IMPORTANT: This is a request for information, and quotations furnished are not THE CITY ON OR BEFORE THE offers. If you are unable to quote, please so indicate on this form and return it to the FOLLOWING DATE: City. This request does not commit the City to pay any costs incurred in the 12/20/2023 preparation of the submission of this quotation,or to contract for supplies or service.

Supplies and/or materials are of domestic origin unless otherwise indicated by yuoter.

SCHEDULE
ITEM SUPPLIES/ SERVICES QUANTITY UNIT UNIT AMOUNT NO. PRICE
1 Remove and Dispose of Existing Concrete Wheel 7 EA $127.00 $889.00 Stops.
2 I Remove, Protect, and Re-Install Existing ADA 2 EA Railing. $696.00 $1,392.00
3 Sawcut, Remove and Dispose of Existing Concrete 1 EA $3,600.00 $3,600.00 Handicap Ramp at western edge of Existing Ramp
Landing. Protect Existing Landing Area at Building.
4 Construct New PCC ADA Ramp and Yellow 1 EA $5,000.00 $5,000.00 Truncated Domes (Modified Truncated Dome width
from western edge of ramp to Existing Utility Box).

Adjust Existing Utility Box as Necessary. _
5 Remove and Dispose of Existing Asphalt Concrete 5,800 SF Pavement to a max depth of 4 Inches, Moisture $3.00 $17,400.00 Condition and Compact Existing Subgrade to 95%
Relative Comnaction. iAH.rox. 66'x 88') _
6 Construct 2.5 Inches of New Asphalt Concrete 90 TON $187.00 $16,830.00 Pavement Base Course, B-PG 64-10 (3/4"Rock
Mix)

7 Construct 1.5 Inches of New Asphalt Concrete 54 TON $220.00 $11,880.00 Pavement Surface Course, C2-PG 64-10 (1/2"Rock
Mix)
8 Construct Van Accessible ADA Parking Stall Asphalt 306 SF $24.00 $7,344.00 Concrete Pavement,C2-PG 64-10 (1/2"Rock Mix),
with Slopes Not-to-Exceed 2% in any direction.

Parking Stall Length = 18'
Parking Stall Width = 9'
Access Aisle Width = 8'
9 Stripe Double-Spaced 90 Degree Parking Stall 9' 16 EA $302.00 $4,832.00 Wide by 18'Long with Traffic Paint, Double Coat, 7
days apart.
10 Stripe Van Accessible Handicap Parking Stall and 1 EA $1,810.00 Pavement Legend, Double Coat, 7 days apart.
11 Remove Existing Disabled Accessible Parking Sign 1 EA and Post and Install New"Van Accessible"and $302.00 $302.00 "International Symbol of Accessibility"Sign and
Post.
12 Install New Concrete Wheel Stops 17 EA $220.00 $3,740.00 TOTAL: $75,019.00
*Pricing assumes performance under the same DIR project number as the ongoing Parking Lot and Alley Rehabilitation Project; add $4,200 for a new DIR project number.
*Pricing assumes performance of Items 6 and 7 while paving the adjacent parking lot; add $21,100 for additional paving crew mobilization.

The work listed in the Schedule above shall include the furnishing of all labor, materials, time, tools, equipment, and incidentals necessary to complete the improvements. The successful Contractor, if a Contractor is to be selected at the City's sole discretion, shall be required to submit a Certificate of Insurance naming the City of Upland as additional insured, submit a Labor & Materials Bond in an amount equal to 100% of the Contractor's total price quoted on this form, and shall enter into an Agreement in conformance with the form as attached to this RFQ. In addition, the following shall apply:
• Working hours shall be 7:00 a.m. to 3:30 p.m., Monday through Friday. No work shall take place on Saturday, Sunday, and recognized City holidays, unless prior written approval is provided by the Engineering Division.
• Payment shall be made based upon progress of work completed. Progress of work completed is at the City's sole discretion.
• Prevailing Wages are required for this work in accordance with the California Labor Code.

Certified electronic payroll records for the prime contractor and all subcontractors shall be submitted to the City and the Labor Commissioner (aka Division of Labor Standards Enforcement) for each payroll period when work is in progress.

COMPANY NAME OF QUOTER: SIGNATURE OF PERSON AUTHORIZED TO SIGN DATE OF QUOTATION: , QUOTATION:

Gentry General Engineering, Inc December 20, 2023 STREET ADDRESS: SIGNER:

NAME(Print): TELEPHONE:
320 W Tropica Rancho Rd Brenton Gentry (909) 330-1128 CITY: STATE: ZIP CODE: TITLE(Print):

Colton CA 92324 President

Parking Lot Rehab & ADA Accessibility Improvements
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���* RAMP DEMOLITION PLAN � , - � �e 4,4, • Dec- �, ��'0 2.; at f 4,,-1 �� 8 ll
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LEGEND -
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la Remove, Protect& Re-Install Handrails _,.. _
rr.. Dispose of Existing Handicap Ramp
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' - Protect ExistingLandin• & Utili Cover - }. ,..,,;:

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k s 4 •r ' tic', r 2.LL,�,., i , ,.. AMP CONSTRUCTION PLAN ; i lam' 1 ` $ P ',lA � '1 -19 N .- c,u;n d Ave
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LEGEND
Construct New ADA Ramp
Construct New Yellow Truncated Domes
I Adjust Utility Box as Necessary
- - - - • _ Reinstall Hand Rails
- - - Construct Van Accessible ADA Parking Stall

, trpl" CITY FUPLAND
5, i6 "The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:BRADEN YU,PUBLIC WORKS DIRECTOR

ALAN FRENCH,PRINCIPAL ENGINEER

HARRY PARR,ASSISTANT ENGINEER
SUBJECT: REJECT ALL BIDS FOR BID NO.24-001,ON CALL SIGNAGE AND STRIPING

INSTALLATION,AND RE-ADVERTISE THE PROJECT
RECOMMENDED ACTION:

It is recommended that the City Council reject all bids for Bid No.24-001,On-Call Signage and Striping Installation, and authorize staff to re-advertise the project.

GOAL STATEMENT
The proposed action supports the City's goal of providing reliable, timely, and efficient traffic engineering services for the citizens of the City.

BACKGROUND
On June 12,2023,the City Council adopted the Fiscal Year 2023-2024 Annual Budget which allocated$50,000 from the General Fund to address traffic safety issues by the Land Development and Transportation Division.

The scope of work includes on-call services for installation of new signs,striping,and traffic control devices at times when the Traffic Division identifies a need for these services to improve traffic safety. The contract amount is not to exceed$50,000 per year.

ISSUES AND ANALYSIS
A Notice Inviting Bids(NIB)was advertised in the Inland Valley Daily Bulletin on December 11 and December 18, 2023 in accordance with the California Public Contract Code(Section 20164).It was also listed on the City's website and distributed to several local public works contractors.

On January 8,2024,the City received and opened one bid for the project,under Bid No.24-001 as follows:

BIDDER BID AMOUNT
Cat-Tracking,Inc. $581.95
City staff reviewed the bid information and contacted several unresponsive contractors to get some feedback. It is believed that due to the on-call nature of the contract,adding certain stipulations to the contract would make the project more attractive to bidders. Potential bidders may feel more confident providing competitive unit prices for the work if they are guaranteed a certain amount of work on each call-out.

If the City Council rejects all bids, staff will modify the project specifications as such and re-bid the project with the goal of receiving at least three bids and getting the best possible value for the City's resources.

ENVIRONMENTAL DETERMINATION
The recommended action is to reject all proposals,which means that no project will occur. As such,this will not be considered a project under the California Environmental Quality Act(CEQA).

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

ALTERNATIVES

1.Award on-call contract to Cat Tracking,Inc.

2.Provide alternative direction to staff.

CEQA:Not a Project

CITY OF UPLAND

TABULATION OF BIDS
On-Call Signage and Striping Installation
Bid Opening January 8, 2024 @ 11:00 A.M.

BIDDER BID BOND TOTAL AMOUNT
Cat Tracking Inc.
$581.95
BID OPENING ATTENDED AND ATTESTED TO BY:

Alan French, Principal Engineer
Harry Parr, Assistant Engineer
Keri Johnson, City Clerk
Jennifer Rodriguez, Deputy City Clerk

C,,, �pl"� CITY
UPLAND
.5, _i.� "The City of Gracious Living" C,,tIFOBw
- Stafif(krctilt
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF

CLIFFORD MATHEWS,POLICE CAPTAIN

BRYCE MILAKOVICH,POLICE SERGEANT
SUBJECT: CONSIDERATION OF AN ORDINANCE REGARDING FIREWORKS REGULATIONS AND

HOST'S LIABILITY
RECOMMENDED ACTION:

It is recommended that the City Council hold first reading by title only, waive further reading and introduce an Ordinance amending Upland Municipal Code (UMC) Section 8.28.040 regarding fireworks and adding Upland Municipal Code Section 8.28.045 regarding host liability for fireworks to regulate the safety of members of the public.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining order and enhancing public safety by supporting fire prevention from the discharge of illegal fireworks.

BACKGROUND
In March 2021, two people were killed and several surrounding homes were damaged as a result of a fireworks explosion in the City of Ontario.The explosion also caused multiple structure fires.Around 50 residents were provided hotel vouchers due to the fire in the neighborhood.Authorities also collected 60 containers, each having a 27-gallon capacity of unexploded fireworks.

On September 5,2020,during a gender reveal party in Yucaipa, a"pyrotechnic device"was deemed to be the cause of the El Dorado Fire that spread and burned more than 22,000 acres across the San Gorgonio Wilderness and the San Bernardino National Forest.

Illegal fireworks can also affect pets and individuals with Post-Traumatic Stress.

ISSUES AND ANALYSIS
Over the past several years, the Upland Police Department has responded to numerous Fireworks calls. From 2019 through 2022,there were 1210 Illegal Fireworks calls for service. An average of 302 calls per year were for"Illegal Fireworks"calls.Out of 1,210"Illegal Fireworks"calls during this period,there were only 22 citations or arrests made during these calls. The current Upland Municipal Code does not provide accountability to property owners,business owners,or hosts who allow individuals on their property to discharge illegal fireworks.The current Upland Municipal Code also does not specify that illicit fireworks can be confiscated,which is essential to keep the public safe.

An estimate was obtained for how much the City spent on"Illegal Fireworks"calls from 2019 to 2022.The average "Illegal Fireworks"call is estimated to be about 10 minutes for one Police Officer.The top step Police Officer hourly rate with benefits is$91.75,which means the City of Upland spent about$36,700 on"Illegal Fireworks"calls.

The proposed amendment will provide a more comprehensive municipal code related to "Illegal Fireworks," enhancing public safety while holding individuals,businesses,property owners,and hosts accountable for individuals possessing or discharging illegal fireworks.

Upland Municipal Code 8.28.040 states,"It is unlawful for any person,business,or entity to sell,use or discharge any fireworks within the city,including,but not limited to,"safe and sane"fireworks as defined in the California Health and Safety Code,and also lists other novelty items specified by the State Fire Marshall.When officers respond to this type of call,the person responsible for setting off fireworks is usually gone or unable to be located.Therefore,often, nobody is held accountable for the illegal act.

The proposed ordinance will continue to make it illegal to use"Illegal Fireworks"in the City of Upland,but will also enhance the City's ability to take effective enforcement action by putting more liability on individuals who own or control the property where illegal firework activity is found to take place.Furthermore,it will also protect minors by holding adults responsible for minors lighting illegal fireworks. The new ordinance also allows the City to have persons violating the ordinance through eyewitness accounts,photographs,video footage, audio recordings, internet postings, or social media postings depicting or describing the fireworks activity. Lastly, the new ordinance would allow the City to seize and confiscate illegal fireworks to protect the public further.

A violation of the amended municipal code would be a misdemeanor and can be enforced criminally or administratively through civil enforcement, restraining orders, or injunctions. Violators can be fined up to $1,000, imprisoned for a period not exceeding six months,or both. The Ordinance would also allow the City of Upland to go through the cost recovery administrative procedure currently used for all other public nuisances.

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
It is anticipated that the amended "Illegal Fireworks" municipal code will help the City of Upland decrease the enforcement operating costs associated with dealing with individuals discharging illegal fireworks in the city over time. The amended ordinance should deter individuals, property owners, business owners, and hosts from allowing "Illegal Fireworks"and associated activity.The deterrent is believed to decrease calls for service regarding Fireworks.

As the City of Upland has a remedy to obtain cost recovery for public nuisances related to "Illegal Fireworks," it is expected the costs associated with enforcement will be significantly reduced.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA AMENDING UPLAND MUNICIPAL
CODE SECTION 8.28.040 REGARDING FIREWORKS AND
ADDING UPLAND MUNICIPAL CODE SECTION 8.28.050

REGARDING HOST LIABILITY FOR FIREWORKS TO

REGULATE SAFETY AND ENSURE THE SAFETY OF

MEMBERS OF THE PUBLIC
WHEREAS, fireworks are illegal in many areas in California due to the severe injuries caused by their use and millions of dollars in property loss occurring annually from wildfires sparked by fireworks; and
WHEREAS, given the historically dry conditions in California and ongoing drought conditions statewide, there is an exceptionally high risk of fires occurring in the City of Upland; and
WHEREAS, the use, possession, manufacturing, and sale of fireworks on public or private property is harmful and seriously threatens all persons and property within the City; and
WHEREAS, the City desires to protect the health, safety, and welfare of all persons and properties; and
WHEREAS, the California Constitution, article XI, section 7, authorizes the City to adopt and enforce local ordinances and resolutions that do not conflict with the general laws; and
WHEREAS, California Health and Safety Code section 12541 authorizes the City to regulate and prohibit the sale of fireworks within the city.

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

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

Section 2. Upland Municipal Code ("UMC") Section 8.28.040 is hereby amended to read in its entirety as follows:
"8.28.040 Fireworks.

A. For purposes of this Section, the term "Fireworks" has the meaning outlined in the California Health and Safety Code section 12511, as it may be amended from time to time. At the minimum, the term "Fireworks" includes the following:

1. "Dangerous Fireworks" as defined in California Health and Safety Code section 12505, as it may be amended from time to time.

2. "Safe and Sane Fireworks" as defined in California Health and Safety Code Section 12529, as it may be amended from time to time.

Ordinance No.

B. Except as otherwise provided by State or federal law, it is unlawful for any person, business, or entity to possess, use, explode, ignite, discharge, sell, give away, display, display for sale, or improperly store any Fireworks within the City, or to engage in any Fireworks activity prohibited by the California Health and Safety Code.

C. No person, business, or entity may possess, carry, or transport any Fireworks outside unless the Fireworks are safely stored in a locked container rated for containing explosives.

D. Any eyewitness accounts, photographs, video footage, audio recordings, Internet postings, or social media postings that depict or describe any Fireworks activity prohibited by this Section may be used to establish a violation of this Section.

E. Any person having care, custody, or control and in the presence of a minor shall be liable for any violation of this Section committed by that minor.

F. Any law enforcement official, peace officer, fire chief, fire marshal, or code enforcement officer may seize, confiscate, impound, take, remove, or cause to be removed any Fireworks sold, displayed, possessed, stored, used, exploded, or ignited in violation of this Section.

G. Enforcement

1. Any violation of this Section is hereby declared unlawful, a misdemeanor, and a public nuisance punishable per Title 1 of this Code.

2. Violations of this Section involving a person, business, or entity who willfully resists, delays, or obstructs an authorized City agent from enforcing any provision of this Section or who willfully resists, delays, or refuses to comply with any provision of this Section after being requested to do so by an authorized City agent, shall violate this Section and subject to the penalties outlined in this Section.

3. Each person, business, or entity shall be deemed guilty of a separate offense for every day, or portion thereof, during which any violation of, or failure to comply with, any of the provisions of this Section is committed, continued, or permitted by such person, business, or entity, and each instance shall be deemed separately punishable.

4. The provisions of this Section shall not be construed as permitting any conduct not proscribed herein and shall not affect the enforceability of any other applicable law provisions.

5. The City may enforce any violation of this Section by any means available at law, including but not limited to administrative enforcement, administrative fines, criminal prosecution, civil enforcement, restraining orders, or injunctions.

Ordinance No.

6. These penalties and remedies are cumulative and in addition to any other penalties and remedies available to the City, including but not limited to those provided in Chapters 1.16, 1.20, and 1.22 of this Code.

7. Nothing within this Section shall preclude the presentation of a public fireworks display by the City or with written permission from the City." Section 3. Section 8.28.050 is hereby added to the Upland Municipal Code to read as follows:
"8.28.050 Hosts Liability for Fireworks.

A. Except as may be permitted by state law or as provided in subsection G.2. of this Section, it is unlawful for any person to permit, allow, aid, or abet any discharge of Fireworks (including a public display) if such a person either knows or reasonably should have known that an individual is discharging Fireworks on his or her private property. Any person who permits, allows, aids, or abets any discharge of Fireworks on a property under their possession or control shall be deemed to have actual or constructive knowledge that Fireworks have been discharged if the person has not taken all reasonable steps to prevent the discharge of Fireworks, as noted in subsection G.2. of this Section.

B. Any person who permits the discharge of Fireworks from their premises shall be rebuttably presumed to have actual or constructive knowledge that individuals have discharged Fireworks if such person is present at the premises at any time the fireworks are to have occurred.

C. Upon identification of an unpermitted discharge of Fireworks, code enforcement and or law enforcement personnel may issue a written notice to all other identifiable responsible persons not present at the unpermitted discharge of Fireworks that a violation of the Fireworks ordinance has occurred and that further violations may result in citations, enforcement proceedings, and assessment of response costs.

D. Any eyewitness accounts, photographs, video footage, audio recordings, Internet postings, or social media postings that depict or describe any Fireworks activity prohibited by this Section may be used to establish a violation of this Section.

E. Any law enforcement official, peace officer, fire chief, fire marshal, or code enforcement officer may seize, confiscate, impound, take, remove, or cause to be removed any Fireworks sold, displayed, possessed, stored, used, exploded, or ignited in violation of this Section.

F. It is the duty of any person who permits, allows, aids, or abets any Fireworks discharge at their residence, other private property, or any other premises under their control to take all reasonable steps to prevent the discharge of Fireworks at the premises.

Ordinance No.

G. The provisions of this section shall not apply to:

1. The possession, manufacture, storage, display, sale, use, or discharge of Fireworks as permitted by federal or state law.

2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity to comply with this Section if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violations of this Chapter.

H. No host shall aid or abet another person's violation of a provision of this Chapter in a public right of way adjacent to the host's private property. A host aids or encourages another person's violation of a provision of this Chapter if they know or should have known of the other person's unlawful purpose and the host intends to and does aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.

I. Any person having care, custody, or control and in the presence of a minor shall be liable for any violation of this Section committed by that minor.

J. Nothing within this Section shall preclude the presentation of a public fireworks display by the City or with written permission from the City." Section 4. Compliance with California Environmental Quality Act. The Upland City Council ("City Council") finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, title 14, chapter 3 ("CEQA Guidelines"), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly.

Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 7. Publication. The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.