Upland City Council
June 24, 2024

Monday, June 24, 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.

4.CLOSED SESSION

5.INVOCATION
Pastor Chris Rix, One & All Church

6.PLEDGE OF ALLEGIANCE

7.PRESENTATIONS
Proclamation declaring July as Parks Make Life Better Month, accepted by Recreation and Community Services Manager Jessica Gandara
Light Up the Night Preview presented by Recreation and Community Services Manager Jessica Gandara

8.CITY ATTORNEY

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

Anyone wishing to address the legislative body is requested to submit a speaker card to

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

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

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

Recommended Action:

Approve the Consent Calendar
a.APPROVAL OF MINUTES 6
Recommended Action:

Approve the Regular Meeting Minutes of June 10, 2024. (Staff Person: Keri Johnson)
b.CONSIDER APPROVAL OF MAY WARRANT AND PAYROLL REGISTERS 11 CEQA: Not a Project.

Recommended Action:

Approve the May warrant registers (check numbers 47890-48309 and direct disbursements totaling $10,182,747.47) and payroll registers totaling $2,849,312.09 (check numbers 163766-163784 and electronic fund transfers 47507-48328). (Staff Person: Stephen Parker)
c.TREASURER’S REPORT MAY 2024 21
CEQA: Not a Project.

Recommended Action:

Receive and file the May 2024 Treasurer’s Report. (Staff Person: Stephen Parker)
d.CONSIDER APPROVAL OF THE ANNUAL MILITARY EQUIPMENT REPORT PER ASSEMBLY BILL NO. 481
38 CEQA: Not a Project.

Recommended Action:

Review Ordinance No. 1960 and approve the Annual Military Equipment Report

regarding the Police Department’s possession of military equipment per Assembly Bill 481. (Staff Person: Marcelo Blanco)
e.CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH

INLAND VALLEY RECOVERY SERVICES
50 CEQA: Not a Project
Recommended Action:

Approve a professional services agreement with Inland Valley Recovery Services (IVRS) to provide a part-time IVRS Outreach Representative and supportive services and authorize the City Manager to sign the agreement; and appropriate funding using the National Opioid Settlement up to $75,000 annually or the amount available through the National Opioid Settlement, whichever is less. (Staff Person: Marcelo Blanco)
f.CONSIDER APPROVAL OF AN AGREEMENT FOR COBBLE ROCK CURB RESTORATION / REPAIRS WITH VIDO SAMARZICH, INC.
64 CEQA:

Determined to be Exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of CEQA Guidelines.

Recommended Action:

Approve an Agreement with Vido Samarzich, Inc. for cobble rock curb removal & replacement of damaged/broken cobble rock curbs in the amount of $60,690.00, plus 5% contingency $3,034.50 for a total not to exceed amount of $63,724.50.(Staff Person: Chris Alanis)
g.CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT PROGRAM AWARD 97 CEQA: Not a Project.

Recommended Action:

Accept the CalRecycle SB 1383 Local Assistant Grant Program award of $211,031 and appropriate the funds. (Staff Person: Chris Alanis) h.CONSIDER APPROVAL OF A RESOLUTION AMENDING THE REGIONAL

SEWERAGE SUPPLEMENTAL CAPITAL OUTLAY ANNUAL PASS-THROUGH FEE
115
CEQA: Not a Project.

Recommended Action:

Adopt a Resolution amending the annual Regional Supplemental Capital Outlay Pass-Through fee to reflect an increase in the Inland Empire Utilities Agency fee from $8,132 to $8,620 per equivalent dwelling unit (EDU). (Staff Person: Chris Alanis)
i.SOLID WASTE RATE ANNUAL CPI INCREASE FOR SERVICES 122 CEQA: Not a Project.

Recommended Action:

Receive and file the notification of the solid waste annual CPI increase for services. (Staff Person: Chris Alanis)

j.CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC.
124
CEQA: Not a Project.

Recommended Action:

Approve Amendment No. 2 to the agreement with TRANSTECH Engineers, Inc., increasing the annual contract amount by $20,000 for a total amount of $80,000 for FY 23/24. (Staff Person: Chris Alanis)
k.CONSIDER APPROVAL OF SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. 152
CEQA: Not a Project
Recommended Action:

Approve the Second Amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. and authorize the City Manager to execute the Amendment. (Staff Person: Robert Dalquest)
l.CONSIDER ACCEPTING THE CALRECYCLE BEVERAGE CONTAINER
RECYCLING PAYMENT PROGRAM FY 2023-24 GRANT AWARD
185
CEQA: Not a Project
Recommended Action:

Accept the CalRecycle Beverage Container Recycling City/County Payment Program FY 2023-24 grant award of $19,935 and appropriate the funds. (Staff Person: Chris Alanis)

11.PUBLIC HEARINGS
a.CONSIDER APPROVAL OF THE 2024 ANNUAL WEED ABATEMENT

PROGRAM INFRACTION LOG AND NUISANCE ABATEMENT
199
CEQA: Not a project
Recommended Action:

The City Council will conduct a public hearing to consider approval of the Weed Abatement Infraction Log and abatement of the public nuisance. (Staff Person:

Robert Dalquest)
Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Approve the Weed Abatement Program Infraction Log and authorize staff to abate the public nuisance.

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

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

13.BUSINESS ITEMS

14.COUNCIL COMMUNICATIONS

15.CITY MANAGER

16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, July 8, 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 June 19, 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

1 MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL

June 10, 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, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 6:01 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

4. CLOSED SESSION

5. INVOCATION
Mike Ingram, Christian Science Faith

6. PLEDGE OF ALLEGIANCE
Led by Sid Robinson

7. PRESENTATIONS
Presentation of Tom Thomas Scholarship to Upland High School students, presented by the Thomas Family

8. CITY ATTORNEY
City Attorney Deitsch stated he had no report.

9. ORAL COMMUNICATIONS
Michael Stolte, Upland, spoke regarding his experience with the complaint process through the Police Department; and requested an audit by the City Manager's office of the Police Department complaint process and that the Council establish a Police Oversight Commission.

2 Brian Taylor, Upland, questioned why a flashing crossing beacon near Baldy View Elementary School is not functioning and had questions regarding the Econolite Agreement.

Helen Fuentez, Upland, spoke regarding parking tick ets that she had received when parked near her residence; questioned why she received the citations and stated that her street and alley are in need of repairs.

Jessica Perez, Upland, spoke regarding parking issues near her residence due to potholes on the street.

10. CONSENT CALENDAR
Mayor Velto removed Consent Calendar Item 10h for separate action.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar
Motion: Carried Unanimously

a. APPROVAL OF MINUTES
Approve the Special Workshop Minutes of May 22, 2024 and the Regular Meeting Minutes of May 28, 2024.
b. CONSIDER RATIFICATION OF REAPPOINTMENT TO THE LIBRARY BOARD Ratify the Mayor’s reappointment of James Flock to the Library Board, term expires June 30, 2027.
c. CONSIDER RATIFICATION OF APPOINTMENT AND REAPPOINTMENT TO

THE PLANNING COMMISSION
Ratify the Mayor’s appointment of David Borger and reappointment of Christine Caldwell to the Planning Commission, terms ending June 30, 2028. d. ANNUAL ADOPTION OF INVESTMENT POLICY
Adopt Resolution No. 6777 approving and adopting the Annual Statement of Investment Policy for Fiscal Year 2024-2025.
e. CONSIDERATION OF AN AGREEMENT TO PROVIDE CONCEPTUAL AND

SCHEMATIC DESIGN AND PRELIMINARY ENGINEERING SERVICES FOR

PARKING STRUCTURE IN DOWNTOWN UPLAND
Approve the professional services agreement with Watry Design, Inc. for a not to exceed amount of $337,610 to complete conceptual and schematic design and preliminary engineering services for a multiple story parking structure in Downtown Upland; appropriate American Rescue Plan Act funds to the project account to cover the agreement, and authorize the City Manager to execute the agreement and any future amendments within the City Manager’s authority. f. CONSIDER APPROVAL OF THE PURCHASE OF ONE INFORMATION

TECHNOLOGY ADMINISTRATION VEHICLE

3 Approve the purchase of one (1) 2023 Ford Mustang Mach E from Fritts Ford in the amount of $51,313.91; and authorize the City Manager to execute all necessary documents for the purchase of this vehicle.
g. NOTICE OF COMPLETION FOR PROJECT NO. 9128, RESERVOIR 15 REPLACEMENT AT 17TH STREET
Accept the work; authorize the City Manager or his designee to record the Notice of Completion; and, reduce the Faithful Performance Bond to 10% for Project No. 9128, Reservoir 15 Replacement at 17th Street.
i. CONSIDER ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 11 GRANT AND AUTHORIZE THE CITY MANAGER TO

EXECUTE A CONTRACT WITH KIMLEY HORN
Accept the award of the Highway Safety Improvement Program (HSIP) Cycle 11 grant of $1,861,560 for Traffic Signal Improvements, appropriate the funds necessary for the project, and authorize the City Manager to execute the contract with Kimley-Horn to prepare construction documents for the Signal Modification Project.
j. SENATE BILL 1 (SB1) ROAD MAINTENANCE AND REHABILITATION

ACCOUNT FUNDING AND PROJECT LIST
Adopt Resolution No. 6778 approving a list of projects for Fiscal Year 2024-2025 funded by Senate Bill 1: Road Repair and Accountability Act of 2017. k. CONSIDER APPROVAL OF A REIMBURSEMENT AGREEMENT FOR TRACT MAP 20647, LOCATED AT THE NORTHWEST CORNER OF FIRST AVENUE

AND A STREET
Approve the Reimbursement Agreement for Tract Map 20647; and authorize the City Manager, or his designee, to execute the agreement and any subsequent amendments within the City Manager’s signing authority and allocate funds for the cost of improvements.
h. CONSIDER APPROVAL OF THE SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ECONOLITE SYSTEMS, INC. FOR TRAFFIC

SIGNAL MAINTENANCE SERVICES
Council requested Interim Public Works Director Alanis look into the concerns brought up during public comments.

Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Approve the 2nd amendment to the professional services agreement with Econolite Systems, Inc. providing for a one-year term renewal; and authorize the City Manager to execute the amendment.

Motion: Carried Unanimously

11. PUBLIC HEARINGS

12. COUNCIL COMMITTEE REPORTS

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

CONFERENCE ATTENDANCE
No reports.
b. ECONOMIC DEVELOPMENT COMMITTEE MEETING, JUNE 3, 2024 Committee Chairperson Garcia provided a recap of the meeting.

13. BUSINESS ITEMS
a. PROPOSED ANNUAL BUDGET FOR FISCAL YEARS 2024-2025 AND 2025- 2026 AND RELATED ITEMS
Assistant City Manager Parker presented the staff report along with a PowerPoint presentation.

Mayor Velto requested that staff bring back a future agenda item proposing a cost of living increase for the City Manager, the request was seconded by Councilmember Garcia.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve Resolution No. 6779 adopting the Fiscal Year 2024-2025 and 2025- 2026 Annual Budgets.

Motion: Carried Unanimously

Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Adopt Resolution No. 6780 approving the appropriations limit for the Fiscal Year 2024-2025.

Motion: Carried Unanimously

Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Adopt Resolution No. 6781 approving the General Fund Reserve Policy.

Motion: Carried Unanimously

Moved by: Councilmember Zuniga
Seconded by: Councilmember Breitling
Approve amending the City’s Classification Plan to add the Risk Management Coordinator job description.

Motion: Carried Unanimously

14. COUNCIL COMMUNICATIONS

5 Councilmembers announced various activities and events throughout the community.

Councilmember Breitling requested staff bring back a future agenda item drafting an ordinance regulating the application process for residential care facilities, the request was seconded by Councilmember Zuniga.

15. CITY MANAGER

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 6:49 p.m. The next regularly scheduled City Council meeting is Monday, June 24, 2024.

Keri Johnson, City Clerk

DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

ERIN MYERS, SENIOR ACCOUNTING TECHNICIAN
SUBJECT: CONSIDER APPROVAL OF MAY WARRANT AND PAYROLL REGISTERS

RECOMMENDED ACTION:

It is recommended that the City Council approve the May warrant registers (check numbers 47890-48309 and direct disbursements totaling $10,182,747.47) and payroll registers totaling $2,849,312.09 (check numbers 163766-163784 and electronic fund transfers 4 7507-48328).

GOAL STATEMENT
The proposed action supports the City’s goal of managing the City’s resources in a fiscally responsible and transparent manner.

BACKGROUND
The City Council is presented with the financial disbursements for the purchase of materials, supplies, services, capital projects, and payroll warrants issued in the prior month. This process provides the City Council with the opportunity to review the monthly expenses of the city.

ISSUES AND ANALYSIS
In accordance with Government Code 37208, the Finance Officer hereby certifies that the attached warrant registers, direct disbursements, and payroll registers have been found to conform to the approved budget and have been paid.

These demands are submitted to the City Council for review and approval.

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
Funds are available for the payment of the warrant registers, direct disbursements, and payroll registers in accordance with the FY 2023-24 operating budget.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

CHECK #CHECK DATE CHECK TYPE VENDOR #VENDOR NAME CHECK AMOUNT 47890 05/01/2024 PRINTED 207 ADLERHORST INTERNATIONAL LLC 80.81 47891 05/01/2024 PRINTED 291 GOLDEN STATE SUPPLY, LLC 369.09 47892 05/01/2024 PRINTED 358 ADVANCED AUTO, SMOG CHECK CENTER 80.00 47893 05/01/2024 PRINTED 1380 ADVANTEC CONSULTING ENGINEERS, INC 11,610.00 47894 05/01/2024 PRINTED 15750 AFLAC PREMIUM HOLDING 636.20 47895 05/01/2024 PRINTED 3 AIRGAS USA LLC 296.33
47896 05/01/2024 PRINTED 1313 UNIVERSAL PROTECTION SERVICE, LP 19,341.72 47897 05/01/2024 PRINTED 131971 ANNEALTA GROUP 10,290.00 47898 05/01/2024 PRINTED 308 ASPINALL, ROBIN JEAN 100.00 47899 05/01/2024 PRINTED 6683 ATMAA INC 1,040.00
47900 05/01/2024 PRINTED 862 BADGER METER INC 8,975.97
47901 05/01/2024 PRINTED 1734 BATTERY WORX INC 1,233.91 47902 05/01/2024 PRINTED 1374 BAY ALARM COMPANY 103.00
47903 05/01/2024 PRINTED 119661 BEST BEST & KRIEGER LLP 37,697.16 47904 05/01/2024 PRINTED 1726 CALIFORNIA DEPARTMENT OF TECHNOLOGY 169,826.25 47905 05/01/2024 PRINTED 1007 CALDWELL, CHRISTINE 100.00 47906 05/01/2024 PRINTED 827 CALIFORNIA DEPARTMENT OF TAX AND FEE ADMIN 2,549.24 47907 05/01/2024 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 4,207.49 47908 05/01/2024 PRINTED 83401 CARL WARREN & CO 4,067.50 47909 05/01/2024 PRINTED 1191 CATHOLIC CHARITIES SAN BERNARDINO & RIVERSIDE 21,000.00 47910 05/01/2024 PRINTED 177 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 534.00 47911 05/01/2024 PRINTED 82791 CHEM PRO LLC 333.00
47912 05/01/2024 PRINTED 448 CINTAS CORPORATION 1,410.57 47913 05/01/2024 PRINTED 1785 CLAREMONT TOYOTA 112,566.16 47914 05/01/2024 PRINTED 1784 CLEARGOV INC 5,575.00
47915 05/01/2024 PRINTED 1799 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 8,182.01 47916 05/01/2024 PRINTED 1801 DASH CONSTRUCTION COMPANY, INC 119,037.37 47917 05/01/2024 PRINTED 16636 DELL MARKETING LP 2,510.65 47918 05/01/2024 PRINTED 1153 DENCO LIEN SALES, INC 1,065.00 47919 05/01/2024 PRINTED 124 DEPARTMENT OF JUSTICE 526.00 47920 05/01/2024 PRINTED 1794 FIGHTERS SHOP INC 5,473.91 47921 05/01/2024 PRINTED 78 FRONTIER 340.00
47922 05/01/2024 PRINTED 78 FRONTIER 133.87
47923 05/01/2024 PRINTED 78 FRONTIER 715.01
47924 05/01/2024 PRINTED 58311 G H A TECHNOLOGIES 13,585.00 47925 05/01/2024 PRINTED 1287 GALLAGHER BENEFIT SERVICES, INC 4,243.75 47926 05/01/2024 PRINTED 1721 DAVID YOVANI RUIZ 10,376.28 47927 05/01/2024 PRINTED 129941 GENTRY GENERAL ENGINEERING INC 287,767.17 47928 05/01/2024 PRINTED 255 DENNIS SILLETTO & ASSOCIATES 1,004.00 47929 05/01/2024 PRINTED 167 GOLDSTAR ASPHALT PRODUCTS 1,842.53 47930 05/01/2024 PRINTED 134381 GRAHAM, GEORGE 500.00
47931 05/01/2024 PRINTED 989 GRAHN, THOMAS 100.00
47932 05/01/2024 PRINTED 290 GRAINGER 1,409.87
47933 05/01/2024 PRINTED 72691 HAAKER EQUIPMENT CO 1,035.94 47934 05/01/2024 PRINTED 1362 HALVORSON, TORIN 175.20
47935 05/01/2024 PRINTED 88061 HISTORIC DOWNTOWN UPLAND 5,915.84 47936 05/01/2024 PRINTED 329 HOLLIDAY ROCK CO INC 839.32 47937 05/01/2024 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 16,410.36 47938 05/01/2024 PRINTED 4137 INLAND FAIR HOUSING MEDIATION BOARD/FHMB 5,078.16 47939 05/01/2024 PRINTED 17528 INNOVATIVE PRINTING CONCEPTS 750.32 City of Upland
Accounts Payable Check Reconciliation Register
05/01/2024 - 05/31/2024

47940 05/01/2024 PRINTED 106951 INTEGRATED TECHNOLOGY 1,149.58 47941 05/01/2024 PRINTED 63221 J C I JONES CHEMICALS INC 5,295.89 47942 05/01/2024 PRINTED 1269 JOHNSON, JEFFREY 100.00
47943 05/01/2024 PRINTED 80561 KEENAN & ASSOCIATES 29,786.25 47944 05/01/2024 PRINTED 1555 LAIDLAW'S HARLEY-DAVIDSON SALES, INC 40,172.40 47945 05/01/2024 PRINTED 91491 LIBRARY SYSTEMS & SERVICES LLC 6,155.03 47946 05/01/2024 PRINTED 1692 MONICA MARROQUIN 100.00
47947 05/01/2024 PRINTED 824 MK CONSULTING 4,421.30
47948 05/01/2024 PRINTED 1740 O-REILLY AUTO ENTERPRISES, LLC 86.03 47949 05/01/2024 PRINTED 42771 OCCU-MED LTD 3,558.32
47950 05/01/2024 PRINTED 1419 ONYX PAVING COMPANY INC 911,122.45 47951 05/01/2024 PRINTED 1781 PLANETBIDS, LLC 14,925.00 47952 05/01/2024 PRINTED 334 PULL UP A CHAIR EVENT RENTALS 1,716.30 47953 05/01/2024 PRINTED 1731 R E S ENVIRONMENTAL INC 1,700.00 47954 05/01/2024 PRINTED 15594 R P M COMPANY 1,200.00
47955 05/01/2024 PRINTED 1573 LIZBETH RODRIGUEZ 199.00
47956 05/01/2024 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 600.00 47957 05/01/2024 PRINTED 20171 SAN BERNARDINO COUNTY SHERIFF 842.00 47958 05/01/2024 PRINTED 637 SMART & FINAL IRIS CO 441.71 47959 05/01/2024 PRINTED 1796 SOUNDSKILZ INC 5,000.00
47960 05/01/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,234.81 47961 05/01/2024 PRINTED 1106 SPORT PINS INTERNATIONAL, INC 564.07 47962 05/01/2024 PRINTED 1608 STAFFING NETWORK HOLDINGS, LLC 5,013.50 47963 05/01/2024 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 208.25 47964 05/01/2024 PRINTED 98 TRITECH SOFTWARE SYSTEMS 371.31 47965 05/01/2024 PRINTED 125411 TYLER TECHNOLOGIES INC 800.00 47966 05/01/2024 PRINTED 617 VAN LANT & FANKLHANEL, LLP 25,950.00 47967 05/01/2024 PRINTED 725 VIDO SAMARZICH, INC 947,210.89 47968 05/01/2024 PRINTED 857 WATERLINE TECHNOLOGIES, INC 1,062.20 47969 05/01/2024 PRINTED 1725 WEST COAST ARBORISTS INC 1,000.00 47970 05/01/2024 PRINTED 14050 WILLDAN FINANCIAL SERVICES 4,220.00 47971 05/01/2024 PRINTED 999999 AGAPE AC & HEATING 111.20 47972 05/01/2024 PRINTED 999999 AGAPE AC & HEATING 184.00 47973 05/01/2024 PRINTED 999999 JENNIFER MOORE 230.00
47974 05/01/2024 PRINTED 999999 LISA ZISKA-MARCHAND 60.41 47975 05/01/2024 PRINTED 999999 TESLA ENERGY 111.20
47976 05/08/2024 PRINTED 25 AGUILAR-RILEY, VIRGINIA 966.63 47977 05/08/2024 PRINTED 3 AIRGAS USA LLC 1,191.28
47978 05/08/2024 PRINTED 1704 JACOB ALDRIDGE 172.39
47979 05/08/2024 PRINTED 1790 ALL ACCESS SERVICES, INC 15,013.93 47980 05/08/2024 PRINTED 1396 ALVAREZ, MARIA ELENA 1,026.00 47981 05/08/2024 PRINTED 1259 ARCHITECTURAL DESIGN & SIGNS, INC 2,365.50 47982 05/08/2024 PRINTED 289 ARROW TRAILER SUPPLIES INC 90.30 47983 05/08/2024 PRINTED 3987 BALDY VIEW GYMNASTICS 1,027.25 47984 05/08/2024 PRINTED 1348 BAST, KAY 590.10
47985 05/08/2024 PRINTED 1734 BATTERY WORX INC 75.25
47986 05/08/2024 PRINTED 1374 BAY ALARM COMPANY 664.85
47987 05/08/2024 PRINTED 1112 BEGINNERS EDGE SPORTS TRAINING, LLC 834.75 47988 05/08/2024 PRINTED 84141 CARTY, DIANE 273.60
47989 05/08/2024 PRINTED 1600 CDL BASIC TRAINING LLC 9,100.00 47990 05/08/2024 PRINTED 1877 FRANCISCO MONRREAL 404.06 47991 05/08/2024 PRINTED 363 CHINO MOWER & ENGINE SERVICE 162.42 47992 05/08/2024 PRINTED 97141 EUROFINS EATON ANALYTICAL INC 900.00 47993 05/08/2024 PRINTED 1562 EVCO CLEANING SUPPLIES LLC 45.97 47994 05/08/2024 PRINTED 117361 FERREIRA, NORBERTO 200.00

47995 05/08/2024 PRINTED 96251 FORD OF UPLAND 215.74
47996 05/08/2024 PRINTED 58311 G H A TECHNOLOGIES 389.00 47997 05/08/2024 PRINTED 255 DENNIS SILLETTO & ASSOCIATES 121.67 47998 05/08/2024 PRINTED 16829 GOURMET GOURMET CATERING 545.22 47999 05/08/2024 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS 7,176.65 48000 05/08/2024 PRINTED 290 GRAINGER 1,153.85
48001 05/08/2024 PRINTED 72691 HAAKER EQUIPMENT CO 917.28 48002 05/08/2024 PRINTED 1787 VANESSA ANN HIDALGO 334.80 48003 05/08/2024 PRINTED 3231 HINDERLITER, DE LLAMAS & ASSOCIATES 730.00 48004 05/08/2024 PRINTED 56561 HLP INC 2.10
48005 05/08/2024 PRINTED 329 HOLLIDAY ROCK CO INC 741.00 48006 05/08/2024 PRINTED 15090 HOLLIDAY TRUCKING INC 5,163.16 48007 05/08/2024 PRINTED 629 HONEYCOTT, INC 140.00
48008 05/08/2024 PRINTED 17528 INNOVATIVE PRINTING CONCEPTS 2,126.71 48009 05/08/2024 PRINTED 284 J G BAUTISTA CONSULTING 10,800.00 48010 05/08/2024 PRINTED 583 KING FENCING INC 2,150.00
48011 05/08/2024 PRINTED 1810 CHRISTOPHER KIVETT 67.24
48012 05/08/2024 PRINTED 53241 KONICA MINOLTA BUSINESS SOLUTIONS 320.34 48013 05/08/2024 PRINTED 102 LIGHTING INSTYLE 413.11
48014 05/08/2024 PRINTED 1533 MELVIN ZARAGOZA 300.00
48015 05/08/2024 PRINTED 1151 OLVERA, GREGORIO 161.62
48016 05/08/2024 PRINTED 1315 MORALES, BRANDON 200.00
48017 05/08/2024 PRINTED 473 MUNICIPAL MAINTENANCE EQUIPMENT INC 1,714.45 48018 05/08/2024 PRINTED 117121 NUCKLES OIL COMPANY INC 35,020.17 48019 05/08/2024 PRINTED 1740 O-REILLY AUTO ENTERPRISES, LLC 947.85 48020 05/08/2024 PRINTED 14483 ONTARIO ICE SKATING CENTER 931.00 48021 05/08/2024 PRINTED 999 PACIFIC PRODUCTS AND SERVICES, LLC 964.36 48022 05/08/2024 PRINTED 4509 PARKHOUSE TIRE INC 252.31 48023 05/08/2024 PRINTED 33021 PELLITTERI, CHRISTOPHER 675.68 48024 05/08/2024 PRINTED 349 RAIN MASTER IRRIGATION SYSTEMS 597.80 48025 05/08/2024 PRINTED 10638 RICHARDS, WATSON & GERSHON 805.00 48026 05/08/2024 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 25,810.13 48027 05/08/2024 PRINTED 612 RIDE ON POWERSPORTS, INC 2,161.86 48028 05/08/2024 PRINTED 67381 ROUTE 66 CAR WASH INC 783.00 48029 05/08/2024 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 300.00 48030 05/08/2024 PRINTED 90591 S & J SUPPLY CO INC 2,130.75 48031 05/08/2024 PRINTED 210 SALDANA DIAZ, NURYS E.189.00 48032 05/08/2024 PRINTED 1654 SAN BERNARDINO COUNTY 1,381,348.09 48033 05/08/2024 PRINTED 407 SINGLETON, DENICE 353.40
48034 05/08/2024 PRINTED 1619 PATRICIA L SONTAG 2,072.88 48035 05/08/2024 PRINTED 43011 SMITH-EMERY LABORATORIES 432.28 48036 05/08/2024 PRINTED 18062 SOFFA ELECTRIC INC 780.00 48037 05/08/2024 PRINTED 1037 MARCUS ANDREWS 1,800.00
48038 05/08/2024 PRINTED 1798 RODOLFO CARDENAS 250.00
48039 05/08/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 132.83 48040 05/08/2024 PRINTED 1608 STAFFING NETWORK HOLDINGS, LLC 4,712.30 48041 05/08/2024 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 2,251.68 48042 05/08/2024 PRINTED 69231 STEP SAVER CA LLC 1,432.67 48043 05/08/2024 PRINTED 93351 STEVE'S FIVE STAR SERVICE INC 6,365.00 48044 05/08/2024 PRINTED 2439 T K E ENGINEERING INC 1,100.00 48045 05/08/2024 PRINTED 11583 THOMPSON PLUMBING SUPPLY 1,725.84 48046 05/08/2024 PRINTED 63381 UTILITY COST MANAGEMENT LLC 5,260.28 48047 05/08/2024 PRINTED 392 WAXIE SANITARY SUPPLY 1,120.72 48048 05/08/2024 PRINTED 104521 WESCO DISTRIBUTION, INC 1,165.64 48049 05/08/2024 PRINTED 14050 WILLDAN FINANCIAL SERVICES 17,010.22

48050 05/08/2024 PRINTED 5193 ZAILO, ROBERT 257.40
48051 05/15/2024 PRINTED 17 ADAMSON POLICE PRODUCTS 2,017.08 48052 05/15/2024 PRINTED 207 ADLERHORST INTERNATIONAL LLC 80.81 48053 05/15/2024 PRINTED 39171 ALL AMERICAN ASPHALT 1,054,191.42 48054 05/15/2024 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 4,633.50 48055 05/15/2024 PRINTED 1805 AMERICAN AED, LLC 9,304.00 48056 05/15/2024 PRINTED 1243 AMERICAN GLOBAL SECURITY, INC 11,540.98 48057 05/15/2024 PRINTED 12378 ATKINSON ANDELSON LOYA RUDD 13,466.11 48058 05/15/2024 PRINTED 6683 ATMAA INC 1,400.00
48059 05/15/2024 PRINTED 119661 BEST BEST & KRIEGER LLP 4,215.90 48060 05/15/2024 PRINTED 1769 BIO-TOX LABORATORIES 1,155.00 48061 05/15/2024 PRINTED 1722 RAQUEL VEISAGA 200.20
48062 05/15/2024 PRINTED 120021 BRIGHTVIEW 2,842.00
48063 05/15/2024 PRINTED 1503 BROWN AND CALDWELL 5,748.90 48064 05/15/2024 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 498.80 48065 05/15/2024 PRINTED 1797 CARNIVAL SERVICES 6,745.00 48066 05/15/2024 PRINTED 475 CITY OF MONTCLAIR 9,100.93 48067 05/15/2024 PRINTED 1755 CIVICA LAW GROUP, APC 19,919.04 48068 05/15/2024 PRINTED 163 CLINICAL LABORATORY OF SAN BERNARDINO, INC 309.00 48069 05/15/2024 PRINTED 1306 COMPLETE PAPERLESS SOLUTIONS 33,067.38 48070 05/15/2024 PRINTED 1629 COTTO, DIANE 32.96
48071 05/15/2024 PRINTED 1570 DIRECTV ENTERTAINMENT HOLDINGS LLC 166.98 48072 05/15/2024 PRINTED 2435 EVERSOFT 933.80
48073 05/15/2024 PRINTED 10485 EXPERIAN 77.00
48074 05/15/2024 PRINTED 99418 FRANCHISE TAX BOARD 123.46 48075 05/15/2024 PRINTED 78 FRONTIER 1,796.51
48076 05/15/2024 PRINTED 78 FRONTIER 550.00
48077 05/15/2024 PRINTED 78 FRONTIER 93.17
48078 05/15/2024 PRINTED 78 FRONTIER 1,220.00
48079 05/15/2024 PRINTED 78 FRONTIER 66.58
48080 05/15/2024 PRINTED 129521 GRAFIX SYSTEMS 1,110.45 48081 05/15/2024 PRINTED 1212 HARDY & HARPER, INC 295,757.45 48082 05/15/2024 PRINTED 329 HOLLIDAY ROCK CO INC 4,740.27 48083 05/15/2024 PRINTED 629 HONEYCOTT, INC 145.00
48084 05/15/2024 PRINTED 4495 HOSE-MAN INC 115.63
48085 05/15/2024 PRINTED 47821 INLAND VALLEY HOPE PARTNERS 2,533.00 48086 05/15/2024 PRINTED 80561 KEENAN & ASSOCIATES 8,236.20 48087 05/15/2024 PRINTED 1732 GREGORY KILEY 3,900.00
48088 05/15/2024 PRINTED 1012 KOA CORPORATION 19,999.31 48089 05/15/2024 PRINTED 1802 KTUA 306.25
48090 05/15/2024 PRINTED 15595 L D M ASSOCIATES INC 936.00 48091 05/15/2024 PRINTED 3020 LAW ENFORCEMENT MEDICAL SVCS 3,020.00 48092 05/15/2024 PRINTED 102 LIGHTING INSTYLE 201.33
48093 05/15/2024 PRINTED 3013 MAYA QUINTERO 401.11
48094 05/15/2024 PRINTED 1622 MAUST, SHANNON 98.41
48095 05/15/2024 PRINTED 1530 CHRISTINA LEACH 279.83
48096 05/15/2024 PRINTED 1315 MORALES, BRANDON 450.00
48097 05/15/2024 PRINTED 1740 O-REILLY AUTO ENTERPRISES, LLC 472.58 48098 05/15/2024 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 310.00 48099 05/15/2024 PRINTED 141 PEREZ-GARCIA, AUDRY 21.99
48100 05/15/2024 PRINTED 1563 MICHELLE L COLEY 500.00
48101 05/15/2024 PRINTED 300 PVP COMMUNICATIONS 375.79
48102 05/15/2024 PRINTED 67381 ROUTE 66 CAR WASH INC 714.00 48103 05/15/2024 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 600.00 48104 05/15/2024 PRINTED 90591 S & J SUPPLY CO INC 2,772.41

48105 05/15/2024 PRINTED 6610 SAN BERNARDINO COUNTY SHERIFF 206.40 48106 05/15/2024 PRINTED 11671 SAN BERNARDINO COUNTY 13,651.54 48107 05/15/2024 PRINTED 20171 SAN BERNARDINO COUNTY SHERIFF 206.00 48108 05/15/2024 PRINTED 1013 SHAW HR CONSULTING 465.00 48109 05/15/2024 PRINTED 131121 SHRED-IT USA JV LLC 420.92 48110 05/15/2024 PRINTED 1251 SHREDCYCLE USA, INC 1,777.50 48111 05/15/2024 PRINTED 507 SERVIAM BY WRIGHT LLP 2,794.94 48112 05/15/2024 PRINTED 18062 SOFFA ELECTRIC INC 3,343.38 48113 05/15/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 219.13 48114 05/15/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 149.98 48115 05/15/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 144.98 48116 05/15/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 110.76 48117 05/15/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,033.50 48118 05/15/2024 PRINTED 1608 STAFFING NETWORK HOLDINGS, LLC 3,507.50 48119 05/15/2024 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 964.53 48120 05/15/2024 PRINTED 69231 STEP SAVER CA LLC 1,005.85 48121 05/15/2024 PRINTED 988 T. E. ROBERTS, INC 89,990.46 48122 05/15/2024 PRINTED 11583 THOMPSON PLUMBING SUPPLY 200.47 48123 05/15/2024 PRINTED 626 TMP ENTERPRISES, LLC 200.00 48124 05/15/2024 PRINTED 62321 U.S. TELEPACIFIC CORP 2,543.81 48125 05/15/2024 PRINTED 483 ULINE, INC 7,416.16
48126 05/15/2024 PRINTED 3557 UNDERGROUND SERVICE ALERT 523.23 48127 05/15/2024 PRINTED 1792 UNITED SITE SERVICES OF CALIFORNIA, INC 528.41 48128 05/15/2024 PRINTED 1809 UNITY TACTICAL, LLC 1,752.00 48129 05/15/2024 PRINTED 62571 HD SUPPLY FACILITIES MAINTENANCE LTD.439.05 48130 05/15/2024 PRINTED 1595 VALLEY MAINTENANCE CORP 8,015.00 48131 05/15/2024 PRINTED 14735 VERIZON WIRELESS 960.28
48132 05/15/2024 PRINTED 14735 VERIZON WIRELESS 849.21
48133 05/15/2024 PRINTED 14735 VERIZON WIRELESS 7,637.17 48134 05/15/2024 PRINTED 14735 VERIZON WIRELESS 287.72
48135 05/15/2024 PRINTED 14735 VERIZON WIRELESS 320.08
48136 05/15/2024 PRINTED 14735 VERIZON WIRELESS 40.01
48137 05/15/2024 PRINTED 14735 VERIZON WIRELESS 2,184.77 48138 05/15/2024 PRINTED 14735 VERIZON WIRELESS 501.68
48139 05/15/2024 PRINTED 14735 VERIZON WIRELESS 523.23
48140 05/15/2024 PRINTED 14735 VERIZON WIRELESS 163.04
48141 05/15/2024 PRINTED 14735 VERIZON WIRELESS 120.03
48142 05/15/2024 PRINTED 14735 VERIZON WIRELESS 164.54
48143 05/15/2024 PRINTED 14735 VERIZON WIRELESS 120.03
48144 05/15/2024 PRINTED 1653 MARIA E WALWORTH 250.00
48145 05/15/2024 PRINTED 760 WATER FACILITIES AUTHORITY 10,640.00 48146 05/15/2024 PRINTED 857 WATERLINE TECHNOLOGIES, INC 1,206.11 48147 05/15/2024 PRINTED 999999 JANET KAYMAZ 214.00
48148 05/15/2024 PRINTED 999999 JJ ROOFING 536.00
48149 05/15/2024 PRINTED 999999 JOANNE WALTMAN 500.00
48150 05/15/2024 PRINTED 999999 LENNAR HOMES OF CA 34,528.48 48151 05/15/2024 PRINTED 999999 PHUONG LA 214.00
48152 05/22/2024 PRINTED 851 ADVANTAGE SEALING SYSTEMS, INC 406.43 48153 05/22/2024 PRINTED 1380 ADVANTEC CONSULTING ENGINEERS, INC 11,465.00 48154 05/22/2024 PRINTED 6109 AMERICAN HERITAGE LIFE INS CO 93.09 48155 05/22/2024 PRINTED 1291 AMTECH ELEVATOR SERVICES 94,564.80 48156 05/22/2024 PRINTED 1678 JOHN P ANDREWS 100.00
48157 05/22/2024 PRINTED 131971 ANNEALTA GROUP 9,600.00 48158 05/22/2024 PRINTED 226 ARCHITERRA DESIGN GROUP 935.00 48159 05/22/2024 PRINTED 226 ARCHITERRA DESIGN GROUP 366.50

48160 05/22/2024 PRINTED 308 ASPINALL, ROBIN JEAN 100.00 48161 05/22/2024 PRINTED 862 BADGER METER INC 4,485.94
48162 05/22/2024 PRINTED 120021 BRIGHTVIEW 10,766.71
48163 05/22/2024 PRINTED 819 BRINKS, INC 1,042.27
48164 05/22/2024 PRINTED 1503 BROWN AND CALDWELL 11,523.98 48165 05/22/2024 PRINTED 1007 CALDWELL, CHRISTINE 100.00 48166 05/22/2024 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 1,888.81 48167 05/22/2024 PRINTED 83401 CARL WARREN & CO 2,730.01 48168 05/22/2024 PRINTED 1479 MAP COMMUNICATIONS INC 378.81 48169 05/22/2024 PRINTED 448 CINTAS CORPORATION 7,291.58 48170 05/22/2024 PRINTED 1755 CIVICA LAW GROUP, APC 423.68 48171 05/22/2024 PRINTED 1807 PLP-CTS HOLDINGS, INC 8,820.92 48172 05/22/2024 PRINTED 966 COMMERCIAL DOOR METAL SYSTEMS, INC 1,377.78 48173 05/22/2024 PRINTED 45421 COSTAR REALTY INFORMATION GROUP INC 729.40 48174 05/22/2024 PRINTED 1629 COTTO, DIANE 22.78
48175 05/22/2024 PRINTED 1811 BLAKE CROSMER 125.00
48176 05/22/2024 PRINTED 1500 THE CUSTOM GRAPHICS 210.11 48177 05/22/2024 PRINTED 1408 DALQUEST, ROBERT 44.65
48178 05/22/2024 PRINTED 1153 DENCO LIEN SALES, INC 465.00 48179 05/22/2024 PRINTED 124 DEPARTMENT OF JUSTICE 226.00 48180 05/22/2024 PRINTED 1699 DRAPE-RITE, INC 1,506.50
48181 05/22/2024 PRINTED 82651 ECONOLITE SYSTEMS, INC 27,056.01 48182 05/22/2024 PRINTED 10485 EXPERIAN 77.96
48183 05/22/2024 PRINTED 1486 NORMA FLORES 296.66
48184 05/22/2024 PRINTED 78 FRONTIER 43.23
48185 05/22/2024 PRINTED 78 FRONTIER 698.81
48186 05/22/2024 PRINTED 78 FRONTIER 119.61
48187 05/22/2024 PRINTED 16829 GOURMET GOURMET CATERING 545.22 48188 05/22/2024 PRINTED 989 GRAHN, THOMAS 100.00
48189 05/22/2024 PRINTED 290 GRAINGER 3,124.52
48190 05/22/2024 PRINTED 1362 HALVORSON, TORIN 450.00
48191 05/22/2024 PRINTED 329 HOLLIDAY ROCK CO INC 368.51 48192 05/22/2024 PRINTED 16340 INFOSEND INC 8,574.77
48193 05/22/2024 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 51,861.51 48194 05/22/2024 PRINTED 4719 INTERSTATE BATTERIES 309.80 48195 05/22/2024 PRINTED 114501 INTERWEST CONSULTING GROUP 17,120.00 48196 05/22/2024 PRINTED 1269 JOHNSON, JEFFREY 100.00
48197 05/22/2024 PRINTED 79821 K S M ELECTRIC 2,815.73
48198 05/22/2024 PRINTED 1802 KTUA 13,101.25
48199 05/22/2024 PRINTED 102 LIGHTING INSTYLE 654.44
48200 05/22/2024 PRINTED 1692 MONICA MARROQUIN 100.00
48201 05/22/2024 PRINTED 7816 MR T'S TOWING INC 1,200.00 48202 05/22/2024 PRINTED 203 MV CHENG & ASSOCIATE 20,742.50 48203 05/22/2024 PRINTED 1724 VETERINARY PET INSURANCE COMPANY 349.26 48204 05/22/2024 PRINTED 83491 NOBEL SYSTEMS 8,640.00
48205 05/22/2024 PRINTED 788 O F WOLFINBARGER INC 459.02 48206 05/22/2024 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 385.00 48207 05/22/2024 PRINTED 250 PICAZO, MELECIO 214.09
48208 05/22/2024 PRINTED 328 FERGUSON ENTERPRISES, INC 2,880.51 48209 05/22/2024 PRINTED 16823 PRE PAID LEGAL SVC, INC 86.70 48210 05/22/2024 PRINTED 14051 PRO FORCE LAW ENFORCEMENT 2,311.24 48211 05/22/2024 PRINTED 1563 MICHELLE L COLEY 500.00
48212 05/22/2024 PRINTED 62081 QUADIENT LEASING USA, INC 1,863.42 48213 05/22/2024 PRINTED 612 RIDE ON POWERSPORTS, INC 37,957.75 48214 05/22/2024 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 300.00

48215 05/22/2024 PRINTED 90591 S & J SUPPLY CO INC 2,397.44 48216 05/22/2024 PRINTED 601 SAN ANTONIO WATER CO 197,958.83 48217 05/22/2024 PRINTED 606 SAN BERNARDINO COUNTY SHERIFF'S 598.00 48218 05/22/2024 PRINTED 1237 VANESSA SEE 7,668.00
48219 05/22/2024 PRINTED 131121 SHRED-IT USA JV LLC 86.67 48220 05/22/2024 PRINTED 28271 SOUTH COAST AQMD 647.24
48221 05/22/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 134.98 48222 05/22/2024 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 668.85 48223 05/22/2024 PRINTED 1608 STAFFING NETWORK HOLDINGS, LLC 3,463.80 48224 05/22/2024 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 1,861.44 48225 05/22/2024 PRINTED 1439 STATON, BRIAN 100.00
48226 05/22/2024 PRINTED 69231 STEP SAVER CA LLC 863.95 48227 05/22/2024 PRINTED 417 E&S TOWING ENTERPRISES, INC 2,885.00 48228 05/22/2024 PRINTED 37071 TARGETSOLUTIONS LEARNING, LLC 15,870.00 48229 05/22/2024 PRINTED 4463 NANCY K BOHL INC 1,890.00 48230 05/22/2024 PRINTED 1296 TRANSTECH 3,770.00
48231 05/22/2024 PRINTED 11484 U S BANK 2,000.00
48232 05/22/2024 PRINTED 14735 VERIZON WIRELESS 40.01
48233 05/22/2024 PRINTED 760 WATER FACILITIES AUTHORITY 1,478.40 48234 05/22/2024 PRINTED 766 WEST END CONSOLIDATED WATER CO 21,378.41 48235 05/22/2024 PRINTED 1261 WEX HEALTH INC 242.55
48236 05/22/2024 PRINTED 14050 WILLDAN FINANCIAL SERVICES 12,000.00 48237 05/22/2024 PRINTED 1345 YOUR PROPERTY SOLUTIONS 7,727.50 48238 05/29/2024 PRINTED 1681 10-8 RETROFIT INC 23,131.64 48239 05/29/2024 PRINTED 36721 ALHAMBRA REPROGRAPHICS INC 125.01 48240 05/29/2024 PRINTED 207 ADLERHORST INTERNATIONAL LLC 175.00 48241 05/29/2024 PRINTED 34571 ALL STATE POLICE EQUIPMENT 2,700.22 48242 05/29/2024 PRINTED 5906 ANHAEUSER ELECTRIC 18,240.00 48243 05/29/2024 PRINTED 131971 ANNEALTA GROUP 27,160.00 48244 05/29/2024 PRINTED 1729 ANTHESIS SERVICES 7,500.00 48245 05/29/2024 PRINTED 1538 ARNOLD FIELDS INC 11,700.00 48246 05/29/2024 PRINTED 1734 BATTERY WORX INC 246.65
48247 05/29/2024 PRINTED 1374 BAY ALARM COMPANY 440.00
48248 05/29/2024 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 1,162.30 48249 05/29/2024 PRINTED 83401 CARL WARREN & CO 4,067.50 48250 05/29/2024 PRINTED 448 CINTAS CORPORATION 1,697.98 48251 05/29/2024 PRINTED 1755 CIVICA LAW GROUP, APC 15,000.00 48252 05/29/2024 PRINTED 366 CRAFCO INC 493.28
48253 05/29/2024 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 99.39 48254 05/29/2024 PRINTED 124 DEPARTMENT OF JUSTICE 371.00 48255 05/29/2024 PRINTED 816 DOG WASTE DEPOT 4,369.53
48256 05/29/2024 PRINTED 599 DOOLEY ENTERPRISES, INC 51,972.14 48257 05/29/2024 PRINTED 1786 DRAGONFLY PUBLIC AFFAIRS 7,000.00 48258 05/29/2024 PRINTED 1002 DUNN-EDWARDS 51.08
48259 05/29/2024 PRINTED 4456 FEDERAL EXPRESS 195.97
48260 05/29/2024 PRINTED 58311 G H A TECHNOLOGIES 1,289.41 48261 05/29/2024 PRINTED 1714 GENUINE PARTS COMPANY 270.38 48262 05/29/2024 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS 7,176.65 48263 05/29/2024 PRINTED 290 GRAINGER 477.72
48264 05/29/2024 PRINTED 72691 HAAKER EQUIPMENT CO 1,370.60 48265 05/29/2024 PRINTED 158 HD SUPPLY FACILITIES MAINTENANCE LTD 36.84 48266 05/29/2024 PRINTED 329 HOLLIDAY ROCK CO INC 647.58 48267 05/29/2024 PRINTED 629 HONEYCOTT, INC 720.00
48268 05/29/2024 PRINTED 106951 INTEGRATED TECHNOLOGY 1,149.58 48269 05/29/2024 PRINTED 4719 INTERSTATE BATTERIES 59.26

48270 05/29/2024 PRINTED 114501 INTERWEST CONSULTING GROUP 27,082.75 48271 05/29/2024 PRINTED 15595 L D M ASSOCIATES INC 11,700.00 48272 05/29/2024 PRINTED 373 LA POLICE GEAR, INC.103.31 48273 05/29/2024 PRINTED 91491 LIBRARY SYSTEMS & SERVICES LLC 19,277.31 48274 05/29/2024 PRINTED 1332 MERIDIAN RAPID DEFENSE GROUP 1,395.37 48275 05/29/2024 PRINTED 1123 HYATT LEGAL PLANS, INC 714.00 48276 05/29/2024 PRINTED 273 MOORE PHOTOGRAPHY 167.01
48277 05/29/2024 PRINTED 473 MUNICIPAL MAINTENANCE EQUIPMENT INC 10,475.90 48278 05/29/2024 PRINTED 117121 NUCKLES OIL COMPANY INC 33,732.82 48279 05/29/2024 PRINTED 1740 O-REILLY AUTO ENTERPRISES, LLC 947.51 48280 05/29/2024 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 433.00 48281 05/29/2024 PRINTED 16032 PLUMBERS DEPOT INC 3,417.40 48282 05/29/2024 PRINTED 110471 R A BATCHELOR CO 450.00 48283 05/29/2024 PRINTED 612 RIDE ON POWERSPORTS, INC 610.04 48284 05/29/2024 PRINTED 1528 RISE INTERPRETING, INC 1,870.00 48285 05/29/2024 PRINTED 67381 ROUTE 66 CAR WASH INC 690.00 48286 05/29/2024 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 600.00 48287 05/29/2024 PRINTED 90591 S & J SUPPLY CO INC 31,899.03 48288 05/29/2024 PRINTED 3662 SAFETY-KLEEN SYSTEMS, INC 250.49 48289 05/29/2024 PRINTED 601 SAN ANTONIO WATER CO 2,743.45 48290 05/29/2024 PRINTED 10673 SO CAL BOLT & IND SUPPLY CO 10.78 48291 05/29/2024 PRINTED 28271 SOUTH COAST AQMD 323.62
48292 05/29/2024 PRINTED 1608 STAFFING NETWORK HOLDINGS, LLC 3,660.05 48293 05/29/2024 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 1,134.42 48294 05/29/2024 PRINTED 69231 STEP SAVER CA LLC 1,066.49 48295 05/29/2024 PRINTED 1777 TELEGRAPH AVENUE ADVISORS, LLC 5,000.00 48296 05/29/2024 PRINTED 11583 THOMPSON PLUMBING SUPPLY 1,730.14 48297 05/29/2024 PRINTED 1656 TRANSMAP CORPORATION 3,699.00 48298 05/29/2024 PRINTED 483 ULINE, INC 4,942.58
48299 05/29/2024 PRINTED 4481 V C A CENTRAL ANIMAL HOSPITAL 56.05 48300 05/29/2024 PRINTED 990 VEOLIA NORTH AMERICA, INC 125.60 48301 05/29/2024 PRINTED 14735 VERIZON WIRELESS 9,141.35 48302 05/29/2024 PRINTED 104521 WESCO DISTRIBUTION, INC 287.18 48303 05/29/2024 PRINTED 14050 WILLDAN FINANCIAL SERVICES 2,655.00 48304 05/29/2024 PRINTED 999999 BETTER EARTH ELECTRIC 393.60 48305 05/29/2024 PRINTED 999999 JODIE BOUNA 100.00
48306 05/29/2024 PRINTED 999999 KERN WILSON 99.00
48307 05/29/2024 PRINTED 999999 MAGDELENA MORENO 10.00
48308 05/29/2024 PRINTED 999999 THE ENERGUY 368.00
48309 05/30/2024 PRINTED 1581 OPERATIONS MANAGEMENT GROUP 11,175.00 PRINTED CHECKS (420 COUNT)7,277,700.12$
50224000 05/02/2024 MANUAL 1804 EPX ACQUISITION COMPANY LLC 11,264.22 50224001 05/02/2024 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,167.88 50224002 05/02/2024 MANUAL 621 KAREN LONG 187.50
50224003 05/02/2024 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 920.00 50224004 05/02/2024 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 324.00 50224005 05/02/2024 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 1,072.00 50224006 05/02/2024 MANUAL 737 UPLAND POLICE OFFICERS ASSN 5,295.00 50224007 05/07/2024 MANUAL 1597 TRUSTMARK VOLUNTARY BENEFIT ADMINISTRATOR 2,661.99 50224008 05/02/2024 MANUAL 1594 COBRA PROFESSIONALS, INC 1,586.37 50224009 05/02/2024 MANUAL 618 ICMA-RC 11,675.00
50324000 05/03/2024 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 146,581.53 50324001 05/03/2024 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 26,828.29 50324002 05/03/2024 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 25,587.33

50324003 05/03/2024 MANUAL 43651 U S BANK NATIONAL ASSN 41,305.20 50324004 05/03/2024 MANUAL 1589 LIVELY INC 2,777.17
50324005 05/03/2024 MANUAL 760 WATER FACILITIES AUTHORITY 210,273.12 50324006 05/03/2024 MANUAL 624 DEPT OF THE TREASURY 100.00 50324007 05/03/2024 MANUAL 1499 EMPOWER TRUST COMPANY, LLC 74,910.82 50924000 05/09/2024 MANUAL 65181 CALPERS 218,329.42
51024000 05/10/2024 MANUAL 83401 CARL WARREN & CO 80,000.00 51024001 05/10/2024 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 650,414.38 51624000 05/16/2024 MANUAL 32091 SOUTHERN CALIF EDISON CO 87,717.17 51624001 05/16/2024 MANUAL 116231 NEOPOST USA INC 5,000.00 51624002 05/16/2024 MANUAL 1589 LIVELY INC 2,777.17
51624003 05/16/2024 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,309.63 51624004 05/16/2024 MANUAL 621 KAREN LONG 187.50
51624005 05/16/2024 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 950.00 51624006 05/16/2024 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 324.00 51624007 05/16/2024 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 5,295.00 51624008 05/16/2024 MANUAL 737 UPLAND POLICE OFFICERS ASSN 1,072.00 51624009 05/16/2024 MANUAL 1594 COBRA PROFESSIONALS, INC 1,585.37 51624010 05/16/2024 MANUAL 618 ICMA-RC 1,668.75
51624011 05/16/2024 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 32,698.32 51624012 05/16/2024 MANUAL 83401 CARL WARREN & CO 51,436.22 51724000 05/17/2024 MANUAL 1499 EMPOWER TRUST COMPANY, LLC 64,632.27 51724001 05/17/2024 MANUAL 543 SOUTHERN CALIF GAS COMPANY 5,469.10 51724002 05/17/2024 MANUAL 624 DEPT OF THE TREASURY 100.00 52224000 05/22/2024 MANUAL 65181 CALPERS 216,636.49
52324000 05/23/2024 MANUAL 754 PUBLIC AGENCY COALITION ENTERPRISE 110,347.56 52324001 05/23/2024 MANUAL 960 MUNICIPAL DENTAL POOL 25,848.86 52324002 05/23/2024 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 1,753.23 52424000 05/24/2024 MANUAL 126761 THE LINCOLN NATIONAL LIFE INS 7,060.01 52424001 05/24/2024 MANUAL 91491 LIBRARY SYSTEMS & SERVICES LLC 118,731.00 52424002 05/24/2024 MANUAL 760 WATER FACILITIES AUTHORITY 277,156.78 53024000 05/30/2024 MANUAL 1282 WESTERN ALLIANCE BUSINESS TRUST 85,812.15 53024001 05/30/2024 MANUAL 10720 CITIZENS BUSINESS BANK 36,600.00 53024002 05/30/2024 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 139,064.53 53024003 05/30/2024 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 30,554.42 53024004 05/30/2024 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 24,084.05 53024005 05/30/2024 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,280.69 53124000 05/31/2024 MANUAL 1499 EMPOWER TRUST COMPANY, LLC 4,633.86 53124001 05/31/2024 MANUAL 83401 CARL WARREN & CO 50,000.00 MANUAL CHECKS (52 COUNT)2,905,047.35$
PRINTED CHECKS (420 COUNT)7,277,700.12$
MANUAL CHECKS (52 COUNT)2,905,047.35$
VOID CHECKS (0 COUNT)-$
PRINTED & MANUAL CHECK TOTALS 10,182,747.47$

DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

DARREN CHAN, ACCOUNTING TECHNICIAN
SUBJECT: TREASURER’S REPORT MAY 2024

RECOMMENDED ACTION
It is recommended that the City Council receive and file the May 2024 Treasurer’s Report.

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

BACKGROUND
Per California Government Code Section 53646(b), the City’s treasurer or chief fiscal officer may render a treasurer’s report to the City Council on a quarterly basis. The City has elected to provide this report to City Council monthly, but the City of Upland’s Investment Policy (Approved September 25, 2023) requires the Investment Officer to provide a report quarterly to the Finance Committee at regularly scheduled meetings. This report shall include the type of investment, issuer, date of maturity, par, and dollar amou nt invested on all securities, current market value as of the date of the report, investments and monies held by the local agency, and shall additionally include a description of any of the local agency’s funds, investments, or programs, that are under the management of contracted parties, including lending programs. The report shall include a statement of compliance with the investment policy and shall include a statement noting the City’s ability to meet its expenditure requirements for the next six months.

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

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

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Investment Portfolio Cost Par Value Market Value % of Portfolio State Local Agency Investment Fund 1,222,977 1,222,977 1,228,815 0.9% California Asset Management Plan 35,667,423 35,667,423 35,667,423 27.1% Negotiable Certificates of Deposit 25,099,634 25,095,000 24,598,093 18.7% Money Market Fund 994,116 994,116 994,116 0.8% Municipal Bonds 1,555,370 1,605,000 1,531,768 1.2% Government Agency Securities 65,812,896 66,080,000 63,208,309 48.0% US Treasury 4,593,925 4,750,000 4,485,273 3.4% Total Investments 134,946,340$ 135,414,515$ 131,713,797$ 100.0% Weighted Average Days to Maturity 471.80
Blended Yield:3.02%
Cash Cost Market Value
Bank Accounts and Change Funds 13,970,016 13,970,016 Total Cash 13,970,016$ 13,970,016$
Total Cash and Investments 148,916,356$ 145,683,813$ PARS Investment Portfolio Cost Market Value
115 Trust-OPEB Investment 1,800,968 2,247,348 12/18/23 - EM: PARS ending balances 115 Trust-Pension Investment 6,803,894 7,289,805 12/18/23 - EM: PARS ending balances Total Restricted Funds Held in Trust 8,604,862$ 9,537,153$ Benchmarks:

LAIF 4.33%12/18/23 - EM: Report Available 12/13/23
CAMP 5.44%
2yr U.S. Treasury 4.82%
5yr U.S. Treasury 4.42%
Restricted Funds with Fiscal Agent Book Value Market Value Water Revenue Bonds 2022 15,501,626 15,501,626 Water System Lease Revenue Refunding Bonds 2021 - - Successor Agency TARBS 2013/2016-Merged Project - - Colonies CFD Area #1 2022 1,122,212 1,122,212 Colonies CFD Area #2 2015 2,010,404 2,010,404 Upland 54 CFD 2004 203,449 203,449
Sycamore Hills CFD 2015-1 824,060 824,060 Harvest at Upland CFD 2016-1 Area #1 749,547 749,547 Harvest at Upland CFD 2016-1 Area #2 2,435,384 2,435,384 Enclave at Upland CFD 2022-1 4,094,517 4,094,517 Sycamore Hills CFD 2015-1-2 STB 2022A 848,111 848,111 Total Restricted Funds 27,789,310$ 27,789,310$
Assistant City Manager (Finance Director)Date
City Treasurer Date

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

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

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

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

6. This report meets the requirements of Government Code Section 53646.

1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council in September 2023.

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority For Period Ended
May 31, 2024

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A 6/18/2024 | 8:22 AM PDT
6/19/2024 | 4:17 AM PDT

Account
Fund or Account Balance
City 98-36-942 1,222,977
Market
Value
Totals 1,222,977$ 1,228,815$
Yield for Period Ended 5/31/2024 4.33%
May 31, 2024
For Period Ended

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund

Prepared by Darren Chan
6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Account
Fund or Account Balance
City of Upland 6113-001 35,667,423
Market
Value
Totals 35,667,423$ 35,667,423$
Yield for Period Ended 5/31/2024 5.44%
For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority California Asset Management Plan

Prepared by Darren Chan
6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
Negotiable Certificates of Deposit
A+ FCU CD 00224TAN6 250,000 250,000 248,253 4.74%02/17/2026 Alabama CU CD 01025RAF6 250,000 250,000 249,545 5.06%12/22/2025 Ally Bank Utah 02007GH22 250,000 250,000 247,995 4.69%12/22/2025 American Equity Bank CD 02568KAJ4 250,000 250,000 229,393 0.76%05/27/2026 American Exp CD 02589AEZ1 250,000 250,000 248,455 4.63%09/13/2028 Arsenal CU CD 04288LAA6 248,000 248,000 247,591 5.11%01/25/2025 BMW Bank North America CD 05580AXF6 250,000 250,000 235,060 0.53%09/25/2025 Bank Hapoalim CD 06251A6Z8 244,000 244,000 243,041 4.52%05/21/2029 Bank Hope CD 062683HV2 243,000 243,000 242,893 5.10%08/12/2024 The Bank of the Valley CD 06543PCN3 250,000 250,000 245,855 0.36%09/30/2024 BankUnited NA CD 066519RW1 249,000 249,000 227,785 1.48%12/08/2026 Baxter CU CD 07181JAY0 250,000 250,000 247,285 4.56%01/25/2027 Blupeak CU CD 09644EAB8 150,000 150,000 150,015 5.65%07/25/2024 Burke Herbert Finanical Services CD 121331AT9 249,000 249,000 247,436 4.78%02/13/2026 CIBC Bank USA CD 12547CBP2 237,000 237,000 236,974 5.25%06/13/2024 California CD 130162BB5 250,000 250,000 251,493 5.62%10/27/2025 Capital One NA CD 14042RQN4 250,000 250,000 228,228 1.37%12/08/2026 Chartway FCU CD 16141BAD3 248,000 248,000 247,536 5.06%12/16/2025 City FCU Tax CD 17783PAJ0 249,000 249,000 241,107 4.08%01/12/2029 City National Bank CD 178180GU3 250,000 250,000 246,978 4.40%01/12/2026 Clearpath FCU CD 18507MAB7 250,000 250,000 249,968 5.10%04/27/2026 Communitywide FCU CD 20416TAX0 250,000 250,000 248,233 4.74%01/06/2026 Connex CU CD 208212BD1 250,000 250,000 251,225 5.38%03/18/2026 Connexus CU CD 20825WBR0 250,000 250,000 249,650 5.16%06/23/2025 Continental Bank CD 211163MG2 250,000 250,000 226,920 0.66%08/24/2026 Customers Bank CD 23204HPB8 250,000 250,000 247,440 4.55%06/14/2028 Discover Bank CD 254676AR0 250,000 250,000 249,050 4.67%09/18/2028 Dort FCU CD 25844MBC1 250,000 250,000 249,528 4.81%06/22/2026 Empower FCU CD 291916AE4 250,000 250,000 252,603 5.40%10/23/2026 Enerbank USA CD 29278TMR8 250,000 250,000 244,198 1.84%01/29/2025 Essential CU CD 29669XAP3 250,000 250,000 248,763 4.73%06/15/2027 Fahey Banking Co CD 303117DG7 250,000 250,000 242,410 4.03%01/12/2028 Fifth Third Bank CD 316777YV7 236,000 236,000 235,943 5.50%10/17/2024 First Carolina Bank CD 31944MBJ3 250,000 250,000 232,520 0.54%12/23/2025 First Farmers Bank & Trust CD 320165JK0 246,682 235,000 232,784 1.77%09/04/2024 First Foundation Bank CD 32026U5U6 244,000 244,000 243,044 4.62%05/22/2029 FirstBank of Nebraska CD 32116PAR9 248,000 248,000 224,839 0.66%08/27/2026 1st Security Bank of Washington CD 33625CDR7 250,000 250,000 239,250 0.31%04/16/2025 1st Source Bank CD 33646CNW0 250,000 250,000 247,955 4.65%01/19/2027 First Technology FCU CD 33715LEB2 249,000 249,000 240,136 3.79%08/05/2027 Freedom Bk of Virginai CD 35633MCT7 250,000 250,000 248,565 4.83%02/17/2026 Freedom Northwest CD 356436AF2 249,000 249,000 248,046 4.72%01/19/2028 General Electric CU CD 369674CJ3 250,000 250,000 249,323 5.01%02/14/2025 Generations Bank C D 37149CAV9 250,000 250,000 237,790 3.27%05/06/2027 Gesa CU CD 37424PAH7 250,000 250,000 251,148 5.23%07/31/2026 Global FCU CD 37892MAM6 248,000 248,000 247,735 5.01%06/16/2026 Great Midwest CD 39083PDQ2 249,000 249,000 246,986 4.29%04/27/2029 Greenstate CU CD 39573LCC0 250,000 250,000 234,743 0.96%11/24/2025 For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
Ideal CU CD 45157PAY6 125,000 125,000 123,135 4.06%08/29/2025 Industrial Commercial Bank China CD 45581ECJ8 250,000 250,000 240,110 0.47%03/31/2025 InFirst FCU CD 45673RAA9 236,675 249,000 244,732 1.88%11/27/2024 Insight CU CD 45791JAC0 250,000 250,000 249,513 5.11%02/27/2025 Iriquois Fed CD 46355PDQ8 249,000 249,000 247,894 4.73%09/17/2027 Jovia Financial FCU CD 48115LAE4 242,900 249,000 248,863 2.85%06/07/2024 JPMorgan Chase Bank CD 48128URC5 250,000 250,000 233,775 0.53%11/10/2025 Kemba FCU CD 48836LBK7 248,000 248,000 248,084 5.38%05/29/2029 Keypoint CU CD 49332PAC4 248,000 248,000 247,869 5.40%12/27/2024 Liberty FED CD 53052LAU3 248,000 248,000 247,487 5.11%06/09/2025 Live Oak Banking Company CD 538036NV2 250,000 250,000 235,390 0.58%09/16/2025 Magnolia Bank Inc CD 559582AP6 250,000 250,000 243,978 0.36%11/25/2024 Malaga Bank CD 56102ABK1 250,000 250,000 226,100 0.94%11/19/2026 Manufacturers Traders Trust Co CD 564759RJ9 244,000 244,000 243,400 4.91%12/09/2024 Medallion Bank CD 58404DGK1 250,000 250,000 241,870 1.34%03/27/2025 Meritrust FCU MTN CD 59001PAR0 225,000 225,000 220,084 3.27%06/30/2025 Merrick Bank CD 59013KFH4 250,000 250,000 244,105 1.79%01/31/2025 Milestone Bk CD 59934MAK4 244,000 244,000 240,979 4.46%12/15/2026 Morgan Stanley CD 61690DRE0 244,000 244,000 243,580 4.66%05/22/2029 Morgan Stanley CD 61768E4B6 244,000 244,000 243,580 4.66%05/22/2029 Mountain Pac Bk CD 62424PAC6 237,000 237,000 236,884 5.20%07/19/2024 NBC Bancorp Inc CD 633398AA0 248,000 248,000 247,174 4.87%09/14/2026 New York Community Bank CD 649447UY3 250,000 250,000 237,543 0.53%07/01/2025 Optum Bank Draper CD 68405VAU3 244,000 244,000 242,782 4.73%09/13/2027 Pacific Western Bank CD 69506YYX1 243,000 243,000 242,740 5.16%11/12/2024 Partners Bank of California CD 70212YAZ5 250,000 250,000 241,150 1.04%04/02/2025 Pentagon FCU CD 70962LAJ1 250,000 250,000 246,880 0.51%09/30/2024 People's Bank CD 710275AH1 250,000 250,000 244,498 4.15%01/12/2027 Popular Bank CD 73317ABL5 250,000 250,000 245,993 4.17%01/08/2026 Poppy Bank CD 73319FAF6 235,893 229,000 221,406 1.14%03/18/2025 Preferred CU CD 74043RAA2 250,000 250,000 251,138 4.99%09/15/2027 Red Crown Fed CD 756558AB8 200,000 200,000 201,802 5.36%10/13/2026 Rogue CU CD 77535MAG8 250,000 250,000 250,025 5.20%12/23/2027 Solarity CU CD 83418NAG6 248,000 248,000 247,990 5.05%06/23/2026 Southeast Bank CD 84133PFC7 250,000 250,000 237,823 0.47%06/17/2025 Southern First CD 84287PJB9 244,000 244,000 245,735 4.82%10/17/2028 Souther States Bank CD 843879EZ6 249,000 249,000 247,145 4.48%04/14/2025 Spokane Teachers CD 849061AC0 248,000 248,000 248,429 5.64%01/28/2025 State Bank of India CD 856285RS2 252,625 250,000 245,890 2.08%11/27/2024 State Employees CD 85678LAA3 249,000 249,000 248,427 4.82%05/24/2027 Tandem Bank CD 87537YAB0 250,000 250,000 238,233 0.58%06/23/2025 Technology CU CD 87868YAH6 248,000 248,000 247,511 5.11%07/21/2025 Texas Exchange Bank CD 88241TMG2 249,000 249,000 227,058 1.26%11/13/2026 Third Federal Savings & Loan CD 88413QDE5 250,000 250,000 239,273 0.84%05/23/2025 Toyota Financial Savings Bank CD 89235MLE9 249,860 248,000 227,498 1.04%07/29/2026 True Sky Credit CD 89786MAH7 250,000 250,000 247,283 4.56%11/30/2027 TTCU Federal CU CD 89854LAD5 250,000 250,000 252,230 4.96%07/26/2028 Tucson FCU CD 898812AC6 250,000 250,000 252,403 4.96%09/08/2028 USAlliance FCU CD 90352RCD5 100,000 100,000 93,977 1.44%01/28/2026

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
Union Bank CD 90520VAX1 250,000 250,000 230,638 0.65%03/19/2026 Utah First CD 91739JAJ4 249,000 249,000 247,513 4.58%04/30/2029 Vibrant CU CD 92559TAL2 248,000 248,000 249,034 5.33%03/20/2026 WebBank Salt CD 947547NT8 248,000 248,000 241,857 1.03%12/30/2024 Wells Fargo Bk CD 949764DS0 237,000 237,000 236,908 5.30%07/24/2024 Western CD 95763PNQ0 237,000 237,000 236,993 5.35%06/05/2024 Negotiable Certificates of Deposit Subtotal 25,099,634$ 25,095,000$ 24,598,093$ Cash and Equivalents (Money Market Fund)
First American Govt OB Fund-Y 31846V203 994,116 994,116 994,116 4.93% Money Market Fund Subtotal 994,116 994,116 994,116 Municipal Bond Fund
Klamath Trinity CA 498422JJ4 30,150 30,000 29,269 1.56%08/01/2025 Klamath Trinity CA 498422JN5 25,100 25,000 24,833 1.21%08/01/2024 Riverside Cnty CA 76913CBA6 950,120 1,000,000 960,990 2.98%02/15/2026 San Bernardino CA 796720PA2 300,000 300,000 285,789 0.88%08/01/2025 San Bernardino CA 796720PB0 250,000 250,000 230,888 1.19%08/01/2026

Municipal Bond Fund Subtotal 1,555,370 1,605,000 1,531,768 Government Securities
Federal Home Ln Bks DEB 3130AKLH7 1,500,000 1,500,000 1,413,330 0.53%12/30/2025 Federal Home Ln Bks DEB 3130AKQX7 2,000,000 2,000,000 1,862,360 0.75%01/28/2026 Federal Home Ln Bks DEB 3130AKWK8 2,000,000 2,000,000 1,853,140 0.55%02/12/2026 Federal Home Ln Bks DEB 3130AL6A7 1,000,000 1,000,000 932,630 0.64%02/26/2026 Federal Home Ln Bks DEB 3130AL6L3 1,000,000 1,000,000 931,400 0.54%02/26/2026 Federal Home Ln Bks DEB 3130ALN34 1,100,000 1,100,000 1,060,620 0.73%03/24/2025 Federal Home Ln Bks DEB 3130ALPJ7 1,000,000 1,000,000 956,970 0.86%06/30/2025 Federal Home Ln Bks DEB 3130ALZ80 1,300,000 1,300,000 1,236,677 0.79%04/29/2026 Federal Home Ln Bks DEB 3130AMBD3 1,500,000 1,500,000 1,409,610 1.06%05/12/2026 Federal Home Ln Bks DEB 3130AMET5 2,000,000 2,000,000 1,891,820 1.06%05/27/2026 Federal Home Ln Bks DEB 3130AMZP0 1,500,000 1,500,000 1,450,230 0.67%02/28/2025 Federal Home Ln Bks DEB 3130AN3R9 1,500,000 1,500,000 1,383,105 1.22%07/20/2026 Federal Home Ln Bks DEB 3130APJ55 1,600,000 1,600,000 1,468,592 1.36%10/26/2026 Federal Home Ln Bks DEB 3130APU37 1,500,000 1,500,000 1,372,365 1.42%11/24/2026 Federal Home Ln Bks DEB 3130APV51 2,000,000 2,000,000 1,898,300 1.32%11/24/2026 Federal Home Ln Bks DEB 3130AQ5D1 1,500,000 1,500,000 1,414,485 1.27%12/22/2025 Federal Home Ln Bks DEB 3130AQD42 500,000 500,000 498,455 0.92%06/28/2024 Federal Home Ln Bks DEB 3130AQD59 1,250,000 1,250,000 1,231,850 1.01%09/30/2024 Federal Home Ln Bks DEB 3130ARCL3 1,000,000 1,000,000 939,560 2.66%03/30/2027 Federal Home Ln Bks DEB 3130ARKL4 591,600 600,000 593,172 3.29%04/21/2027 Federal Home Ln Bks DEB 3130AUS54 1,500,000 1,500,000 1,493,400 5.02%02/17/2026 Federal Home Ln Bks DEB 3130AUS70 1,500,000 1,500,000 1,494,750 5.02%08/15/2025

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
Federal Home Ln Bks DEB 3130AUS88 1,500,000 1,500,000 1,493,850 5.02%02/16/2028 Federal Home Ln Bks DEB 3130AUX33 599,100 600,000 598,488 5.48%02/22/2028 Federal Home Ln Bks DEB 3130AWBZ2 998,300 1,000,000 983,880 4.19%06/11/2027 Federal Home Ln Bks DEB 3130AWTR1 1,991,760 2,000,000 1,988,380 4.39%09/08/2028 Federal Home Ln Mort Corp #WN2560 3132XGZ25 994,688 1,000,000 985,890 4.90%01/01/2029 Federal Farm Credit Bks DEB 3133EMBK7 1,500,000 1,500,000 1,441,455 0.47%04/07/2025 Federal Farm Credit Bks DEB 3133EMER9 1,500,000 1,500,000 1,453,245 0.48%01/27/2025 Federal Farm Credit Bks DEB 3133EMTQ5 1,100,000 1,100,000 1,061,357 0.73%03/17/2025 Federal Farm Credit Bks DEB 3133ENAF7 1,235,150 1,250,000 1,141,863 1.10%10/07/2026 Federal Farm Credit Bks DEB 3133ENHW3 1,250,000 1,250,000 1,196,975 1.22%06/23/2025 Federal Farm Credit Bks DEB 3133EPN50 998,000 1,000,000 989,020 4.29%12/15/2028 Federal Farm Credit Bks DEB 3133EPPR0 750,803 750,000 746,310 4.65%04/10/2026 Federal Home Ln Corp MTN 3134GW4C7 1,379,420 1,400,000 1,271,228 0.88%10/27/2026 Federal Home Ln Corp MTN 3134GWH82 1,500,000 1,500,000 1,419,630 0.66%09/08/2025 Federal Home Ln Corp MTN 3134GWJ64 1,500,000 1,500,000 1,498,575 0.40%06/10/2024 Federal Home Ln Corp MTN 3134GWUX2 1,500,000 1,500,000 1,474,740 0.38%09/30/2024 Federal Home Ln Corp MTN 3134GWWT9 1,500,000 1,500,000 1,414,545 0.58%09/30/2025 Federal Home Ln Corp MTN 3134GWZG4 2,000,000 2,000,000 1,880,820 0.64%10/20/2025 Federal Home Ln Corp MTN 3134GXAP9 1,500,000 1,500,000 1,408,260 0.64%11/12/2025 Federal Home Ln Corp MTN 3134GXBM5 1,500,000 1,500,000 1,407,270 0.64%11/12/2025 Federal Home Ln MTG 3134GYEK4 1,250,000 1,250,000 1,246,925 5.16%01/27/2026 Fed Natl Mortgage Assoc MTN 3134GYJC7 1,250,000 1,250,000 1,247,950 5.41%02/24/2026 Fed Natl Mortgage Assoc 3136G4A45 1,500,000 1,500,000 1,427,985 0.75%07/22/2025 Fed Natl Mortgage Assoc #AN1614 3138LDYL1 1,896,875 2,000,000 1,894,600 2.60%06/01/2026 Federal Natl Mortgage Assoc #BS5552 3140LGE24 1,995,544 2,130,000 1,977,833 3.58%05/01/2029 Tennessee Valley Authority DEB 880591CJ9 781,658 750,000 770,415 6.59%11/01/2025 Government Securities Subtotal 65,812,896 66,080,000 63,208,309 US Treasury
US Treasury Note 2.625%9128286B1 928,900 1,000,000 920,120 2.84%02/15/2029 US Treasury Note 0.625%912828ZE3 220,875 250,000 223,408 0.70%03/31/2027 US Treasury Note 0.375%91282CBC4 1,476,450 1,500,000 1,395,765 0.40%12/31/2025 US Treasury Note 3.750%91282CJR3 978,600 1,000,000 967,890 3.86%12/31/2028 US Treasury Note 4.000%91282CJW2 989,100 1,000,000 978,090 4.08%01/31/2029 US Treasury Subtotal 4,593,925 4,750,000 4,485,273 Total Portfolio 98,055,941$ 98,524,116$ 94,817,559$

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

05/31/24 No. of
06/01/24 days until Days to maturity Total by
May 31, 2024 Market Value Availability maturity Weight weighted average maturity Petty Cash 34,100 5/31/2024 0 0.0%-
Checking Account 10,979,549 6/1/2024 1 7.5%0.08 Successor Agency 2,956,367 6/1/2024 1 2.0%0.02 Total Bank Accounts 13,970,016 13,970,016
State Local Agency Investment Fund 1,228,815 6/1/2024 1 0.8%0.01 1,228,815 California Asset Management Plan 35,667,423 5/31/2024 0 24.5%- 35,667,423 First American Govt OB Fund-Y 994,116 6/1/2024 1 0.7%0.01 Money Market Accounts 994,116 994,116
Federal Home Ln Bks DEB 498,455 6/28/2024 28 0.3%0.10 Federal Home Ln Corp MTN 1,498,575 6/10/2024 10 1.0%0.10 Government Securities 1,997,030 1,997,030 CIBC Bank USA CD 236,974 6/13/2024 13 0.2%0.02 Jovia Financial FCU CD 248,863 6/7/2024 7 0.2%0.01 Western CD 236,993 6/5/2024 5 0.2%0.01 Negotiable Certificates of Deposit 722,830 722,830 54,580,230 1 - 30 days
Blupeak CU CD 150,015 7/25/2024 55 0.1%0.06 Mountain Pac Bk CD 236,884 7/19/2024 49 0.2%0.08 Wells Fargo Bk CD 236,908 7/24/2024 54 0.2%0.09 Negotiable Certificates of Deposit 623,806 623,806 623,806 31 - 60 days
Bank Hope CD 242,893 8/12/2024 73 0.2%0.12 First Farmers Bank & Trust CD 232,784 9/4/2024 96 0.2%0.15 Negotiable Certificates of Deposit 475,677 475,677 Klamath Trinity CA 24,833 8/1/2024 62 0.0%0.01 Municipal Bonds 24,833 24,833
500,510 61 - 120 days
Federal Home Ln Bks DEB 1,231,850 9/30/2024 122 0.8%1.03 Federal Home Ln Corp MTN 1,474,740 9/30/2024 122 1.0%1.23 Government Securities 2,706,590 2,706,590 The Bank of the Valley CD 245,855 9/30/2024 122 0.2%0.21 Fifth Third Bank CD 235,943 10/17/2024 139 0.2%0.23 InFirst FCU CD 244,732 11/27/2024 180 0.2%0.30 Magnolia Bank Inc CD 243,978 11/25/2024 178 0.2%0.30 Pacific Western Bank CD 242,740 11/12/2024 165 0.2%0.27 Pentagon FCU CD 246,880 9/30/2024 122 0.2%0.21 State Bank of India CD 245,890 11/27/2024 180 0.2%0.30 Negotiable Certificates of Deposit 1,706,018 1,706,018 4,412,608 121 - 180 days
Federal Home Ln Bks DEB 1,060,620 3/24/2025 297 0.7%2.16 Federal Home Ln Bks DEB 1,450,230 2/28/2025 273 1.0%2.72 Federal Farm Credit Bks DEB 1,441,455 4/7/2025 311 1.0%3.08 Federal Farm Credit Bks DEB 1,453,245 1/27/2025 241 1.0%2.40 Federal Farm Credit Bks DEB 1,061,357 3/17/2025 290 0.7%2.11 Government Securities 6,466,907 6,466,907 For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

05/31/24 No. of
06/01/24 days until Days to maturity Total by
May 31, 2024 Market Value Availability maturity Weight weighted average maturity For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
Arsenal CU CD 247,591 1/25/2025 239 0.2%0.41 Enerbank USA CD 244,198 1/29/2025 243 0.2%0.41 1st Security Bank of Washington CD 239,250 4/16/2025 320 0.2%0.53 General Electric CU CD 249,323 2/14/2025 259 0.2%0.44 Industrial Commercial Bank China CD 240,110 3/31/2025 304 0.2%0.50 Insight CU CD 249,513 2/27/2025 272 0.2%0.47 Keypoint CU CD 247,869 12/27/2024 210 0.2%0.36 Manufacturers Traders Trust Co CD 243,400 12/9/2024 192 0.2%0.32 Medallion Bank CD 241,870 3/27/2025 300 0.2%0.50 Merrick Bank CD 244,105 1/31/2025 245 0.2%0.41 Partners Bank of California CD 241,150 4/2/2025 306 0.2%0.51 Poppy Bank CD 221,406 3/18/2025 291 0.2%0.44 Souther States Bank CD 247,145 4/14/2025 318 0.2%0.54 Spokane Teachers CD 248,429 1/28/2025 242 0.2%0.41 Third Federal Savings & Loan CD 239,273 5/23/2025 357 0.2%0.59 WebBank Salt CD 241,857 12/30/2024 213 0.2%0.35 Negotiable Certificates of Deposit 3,886,487 3,886,487 10,353,394 181 - 1 year
Federal Home Ln Bks DEB 1,413,330 12/30/2025 578 1.0%5.61 Federal Home Ln Bks DEB 1,862,360 1/28/2026 607 1.3%7.76 Federal Home Ln Bks DEB 1,853,140 2/12/2026 622 1.3%7.91 Federal Home Ln Bks DEB 932,630 2/26/2026 636 0.6%4.07 Federal Home Ln Bks DEB 931,400 2/26/2026 636 0.6%4.07 Federal Home Ln Bks DEB 956,970 6/30/2025 395 0.7%2.59 Federal Home Ln Bks DEB 1,236,677 4/29/2026 698 0.8%5.93 Federal Home Ln Bks DEB 1,409,610 5/12/2026 711 1.0%6.88 Federal Home Ln Bks DEB 1,891,820 5/27/2026 726 1.3%9.43 Federal Home Ln Bks DEB 1,414,485 12/22/2025 570 1.0%5.53 Federal Home Ln Bks DEB 1,493,400 2/17/2026 627 1.0%6.43 Federal Home Ln Bks DEB 1,494,750 8/15/2025 441 1.0%4.52 Federal Farm Credit Bks DEB 1,196,975 6/23/2025 388 0.8%3.19 Federal Farm Credit Bks DEB 746,310 4/10/2026 679 0.5%3.48 Federal Home Ln Corp MTN 1,419,630 9/8/2025 465 1.0%4.53 Federal Home Ln Corp MTN 1,414,545 9/30/2025 487 1.0%4.73 Federal Home Ln Corp MTN 1,880,820 10/20/2025 507 1.3%6.55 Federal Home Ln Corp MTN 1,408,260 11/12/2025 530 1.0%5.12 Federal Home Ln Corp MTN 1,407,270 11/12/2025 530 1.0%5.12 Federal Home Ln MTG 1,246,925 1/27/2026 606 0.9%5.19 Fed Natl Mortgage Assoc MTN 1,247,950 2/24/2026 634 0.9%5.43 Fed Natl Mortgage Assoc 1,427,985 7/22/2025 417 1.0%4.09 Tennessee Valley Authority DEB 770,415 11/1/2025 519 0.5%2.74 Government Securities 31,057,657 31,057,657 A+ FCU CD 248,253 2/17/2026 627 0.2%1.07 Alabama CU CD 249,545 12/22/2025 570 0.2%0.98 Ally Bank Utah 247,995 12/22/2025 570 0.2%0.97 American Equity Bank CD 229,393 5/27/2026 726 0.2%1.14 BMW Bank North America CD 235,060 9/25/2025 482 0.2%0.78 Burke Herbert Finanical Services CD 247,436 2/13/2026 623 0.2%1.06 California CD 251,493 10/27/2025 514 0.2%0.89 Chartway FCU CD 247,536 12/16/2025 564 0.2%0.96 City National Bank CD 246,978 1/12/2026 591 0.2%1.00 Clearpath FCU CD 249,968 4/27/2026 696 0.2%1.19 Communitywide FCU CD 248,233 1/6/2026 585 0.2%1.00 Connex CU CD 251,225 3/18/2026 656 0.2%1.13 Connexus CU CD 249,650 6/23/2025 388 0.2%0.66 First Carolina Bank CD 232,520 12/23/2025 571 0.2%0.91 Freedom Bk of Virginai CD 248,565 2/17/2026 627 0.2%1.07 Greenstate CU CD 234,743 11/24/2025 542 0.2%0.87 Ideal CU CD 123,135 8/29/2025 455 0.1%0.38 JPMorgan Chase Bank CD 233,775 11/10/2025 528 0.2%0.85 Liberty FED CD 247,487 6/9/2025 374 0.2%0.64 Live Oak Banking Company CD 235,390 9/16/2025 473 0.2%0.76

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

05/31/24 No. of
06/01/24 days until Days to maturity Total by
May 31, 2024 Market Value Availability maturity Weight weighted average maturity For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
Meritrust FCU MTN CD 220,084 6/30/2025 395 0.2%0.60 New York Community Bank CD 237,543 7/1/2025 396 0.2%0.65 Popular Bank CD 245,993 1/8/2026 587 0.2%0.99 Southeast Bank CD 237,823 6/17/2025 382 0.2%0.62 Tandem Bank CD 238,233 6/23/2025 388 0.2%0.63 Technology CU CD 247,511 7/21/2025 416 0.2%0.71 USAlliance FCU CD 93,977 1/28/2026 607 0.1%0.39 Union Bank CD 230,638 3/19/2026 657 0.2%1.04 Vibrant CU CD 249,034 3/20/2026 658 0.2%1.12 Negotiable Certificates of Deposit 6,759,211 6,759,211 US Treasury Note 0.375%1,395,765 12/31/2025 579 1.0%5.55 US Treasury 1,395,765 1,395,765
Klamath Trinity CA 29,269 8/1/2025 427 0.0%0.09 Riverside Cnty CA 960,990 2/15/2026 625 0.7%4.12 San Bernardino CA 285,789 8/1/2025 427 0.2%0.84 Municipal Bonds 1,276,048 1,276,048
40,488,680 1- 2 years
Federal Home Ln Bks DEB 1,383,105 7/20/2026 780 0.9%7.41 Federal Home Ln Bks DEB 1,468,592 10/26/2026 878 1.0%8.85 Federal Home Ln Bks DEB 1,372,365 11/24/2026 907 0.9%8.54 Federal Home Ln Bks DEB 1,898,300 11/24/2026 907 1.3%11.82 Federal Home Ln Bks DEB 939,560 3/30/2027 1033 0.6%6.66 Federal Home Ln Bks DEB 593,172 4/21/2027 1055 0.4%4.30 Federal Farm Credit Bks DEB 1,141,863 10/7/2026 859 0.8%6.73 Federal Home Ln Corp MTN 1,271,228 10/27/2026 879 0.9%7.67 Fed Natl Mortgage Assoc #AN1614 1,894,600 6/1/2026 731 1.3%9.51 Government Securities 11,962,785 11,962,785 BankUnited NA CD 227,785 12/8/2026 921 0.2%1.44 Baxter CU CD 247,285 1/25/2027 969 0.2%1.64 Capital One NA CD 228,228 12/8/2026 921 0.2%1.44 Continental Bank CD 226,920 8/24/2026 815 0.2%1.27 Dort FCU CD 249,528 6/22/2026 752 0.2%1.29 Empower FCU CD 252,603 10/23/2026 875 0.2%1.52 FirstBank of Nebraska CD 224,839 8/27/2026 818 0.2%1.26 1st Source Bank CD 247,955 1/19/2027 963 0.2%1.64 Generations Bank C D 237,790 5/6/2027 1070 0.2%1.75 Gesa CU CD 251,148 7/31/2026 791 0.2%1.36 Global FCU CD 247,735 6/16/2026 746 0.2%1.27 Malaga Bank CD 226,100 11/19/2026 902 0.2%1.40 Milestone Bk CD 240,979 12/15/2026 928 0.2%1.54 NBC Bancorp Inc CD 247,174 9/14/2026 836 0.2%1.42 People's Bank CD 244,498 1/12/2027 956 0.2%1.60 Red Crown Fed CD 201,802 10/13/2026 865 0.1%1.20 Solarity CU CD 247,990 6/23/2026 753 0.2%1.28 State Employees CD 248,427 5/24/2027 1088 0.2%1.86 Texas Exchange Bank CD 227,058 11/13/2026 896 0.2%1.40 Toyota Financial Savings Bank CD 227,498 7/29/2026 789 0.2%1.23 Negotiable Certificates of Deposit 4,753,340 4,753,340 US Treasury Note 0.625%223,408 3/31/2027 1034 0.2%1.59 US Treasury 223,408 223,408
San Bernardino CA 230,888 8/1/2026 792 0.2%1.26 Municipal Bonds 230,888 230,888
17,170,420 2- 3 years

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

05/31/24 No. of
06/01/24 days until Days to maturity Total by
May 31, 2024 Market Value Availability maturity Weight weighted average maturity For Period Ended
May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
Federal Home Ln Bks DEB 1,493,850 2/16/2028 1356 1.0%13.90 Federal Home Ln Bks DEB 598,488 2/22/2028 1362 0.4%5.60 Federal Home Ln Bks DEB 983,880 6/11/2027 1106 0.7%7.47 Government Securities 3,076,218 3,076,218 Essential CU CD 248,763 6/15/2027 1110 0.2%1.90 Fahey Banking Co CD 242,410 1/12/2028 1321 0.2%2.20 First Technology FCU CD 240,136 8/5/2027 1161 0.2%1.91 Freedom Northwest CD 248,046 1/19/2028 1328 0.2%2.26 Iriquois Fed CD 247,894 9/17/2027 1204 0.2%2.05 Optum Bank Draper CD 242,782 9/13/2027 1200 0.2%2.00 Preferred CU CD 251,138 9/15/2027 1202 0.2%2.07 Rogue CU CD 250,025 12/23/2027 1301 0.2%2.23 True Sky Credit CD 247,283 11/30/2027 1278 0.2%2.17 Negotiable Certificates of Deposit 2,218,476 2,218,476 5,294,694 3- 4 years
Federal Home Ln Bks DEB 1,988,380 9/8/2028 1561 1.4%21.31 Federal Home Ln Mort Corp #WN2560 985,890 1/1/2029 1676 0.7%11.34 Federal Farm Credit Bks DEB 989,020 12/15/2028 1659 0.7%11.26 Federal Natl Mortgage Assoc #BS5552 1,977,833 5/1/2029 1796 1.4%24.38 Government Securities 5,941,123 5,941,123 American Exp CD 248,455 9/13/2028 1566 0.2%2.67 Bank Hapoalim CD 243,041 5/21/2029 1816 0.2%3.03 City FCU Tax CD 241,107 1/12/2029 1687 0.2%2.79 Customers Bank CD 247,440 6/14/2028 1475 0.2%2.51 Discover Bank CD 249,050 9/18/2028 1571 0.2%2.69 First Foundation Bank CD 243,044 5/22/2029 1817 0.2%3.03 Great Midwest CD 246,986 4/27/2029 1792 0.2%3.04 Kemba FCU CD 248,084 5/29/2029 1824 0.2%3.11 Morgan Stanley CD 243,580 5/22/2029 1817 0.2%3.04 Morgan Stanley CD 243,580 5/22/2029 1817 0.2%3.04 Southern First CD 245,735 10/17/2028 1600 0.2%2.70 TTCU Federal CU CD 252,230 7/26/2028 1517 0.2%2.63 Tucson FCU CD 252,403 9/8/2028 1561 0.2%2.70 Utah First CD 247,513 4/30/2029 1795 0.2%3.05 Negotiable Certificates of Deposit 3,452,248 3,452,248 US Treasury Note 2.625%920,120 2/15/2029 1721 0.6%10.87 US Treasury Note 3.750%967,890 12/31/2028 1675 0.7%11.13 US Treasury Note 4.000%978,090 1/31/2029 1706 0.7%11.45 US Treasury 2,866,100 2,866,100
12,259,470 4- 5 years
Total Investments 145,683,813$ 100%472$ 145,683,813 Average Maturity in Days 472
Average Maturity in Years:1

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Issue Par Market Maturity
Investment Name CUSIP ID Date Cost Value Value Date
Sales & Maturities
Amoco FCU CD 31424AAA8 2/8/2023 249,000.00 249,000.00 249,002.49 2/8/2028 Evergreen Bank Group CD 300185KL8 5/28/2021 250,000.00 250,000.00 249,025.00 5/28/2024 Federal Home Ln Corp MTN 3134GXSB1 5/17/2022 1,000,000.00 1,000,000.00 998,090.00 5/17/2027 Morgan Stanley Private Bank CD 61760AZR3 5/2/2019 250,000.00 250,000.00 249,927.50 5/2/2024 Sales & Maturities Subtotal 1,749,000.00 1,749,000.00 1,746,044.99 Purchases
Bank Hapoalim CD 06251A6Z8 5/21/2024 244,000.00 244,000.00 243,041.08 5/21/2029 Federal Home Ln Mort Corp #WN2560 3132XGZ25 3/1/2024 994,687.50 1,000,000.00 985,890.00 1/1/2029 Federal Natl Mortgage Assoc #BS5552 3140LGE24 5/1/2022 1,995,543.75 2,130,000.00 1,977,832.80 5/1/2029 First Foundation Bank CD 32026U5U6 5/22/2024 244,000.00 244,000.00 243,043.52 5/22/2029 Kemba FCU CD 48836LBK7 5/28/2024 248,000.00 248,000.00 248,084.32 5/29/2029 Morgan Stanley CD 61690DRE0 5/22/2024 244,000.00 244,000.00 243,580.32 5/22/2029 Morgan Stanley CD 61768E4B6 5/22/2024 244,000.00 244,000.00 243,580.32 5/22/2029 State Employees CD 85678LAA3 5/22/2024 249,000.00 249,000.00 248,427.30 5/24/2027 Purchases Subtotal 4,463,231.25 4,603,000.00 4,433,479.66 May 31, 2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority CA Government Code Section 53607
For Period Ended

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Investment Portfolio
1 day to 30
days
31 day to
60 days
61 days
to 120
days
121 days
to 180
days
181 days to
1 year
1 year
to 2
years
2 years
to 3
years
3 years
to 4
years
4 years to 5
years
State Local Agency Investment Fund 1,229 - - - - - - - - California Asset Management Plan 35,667 - - - - - - - - Bank Accounts and Change Funds 13,970 - - - - - - - - Negotiable Certificates of Deposit 723 624 476 1,706 3,886 6,759 4,753 2,218 3,452 Government Securities 1,997 - - 2,707 6,467 31,058 11,963 3,076 5,941 Money Market Fund 994 - - - - - - - - Municipal Bonds - - 25 - - 1,276 231 - - US Treasury - - - - - 1,396 223 - 2,866 Total Cash and Investments 54,580 624 501 4,413 10,353 40,489 17,170 5,295 12,259 Percentage 37.5%0.4%0.3%3.0%7.1%27.8%11.8%3.6%8.4%

1.912%
-2 -2
For Period Ended
May 31, 2024
Maturities in Thousands of Dollars

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority 1 day to 30
days 37.5%
31 day to 60 days

0.4%
61 days to 120
days 0.3%
121 days to 180 …
181 days to 1 year

7.1%1 year to 2
years 27.8%
2 years to 3
years 11.8%
3 years to 4 years

3.6%
4 years to 5
years 8.4%

INVESTMENTS BY MATURITY

Prepared by Darren Chan
6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Account Insured Collateralized Total
Name Institution Deposits Deposits Deposits
Petty Cash
City of Upland City of Upland -$ 34,100$ 34,100$ City of Upland
Payroll Zero Balance Account Chase - - - City of Upland
Checking Account Chase 250,000 10,729,549 10,979,549 City of Upland
Successor Agency Chase 250,000 2,706,367 2,956,367 Totals 500,000$ 13,470,016$ 13,970,016$

TREASURER'S REPORT
May 31, 2024
For Period Ended
Bank Accounts and Change Funds
City of Upland - Successor Agency - Public Financing Authority

Prepared by Darren Chan
6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Month Yield
June-2023 3.17%
July-2023 3.31%
August-2023 3.43%
September-2023 3.53%
October-2023 3.67%
November-2023 3.84%
December-2023 3.93%
January-2024 4.01%
February-2024 4.12%
March-2024 4.23%
April-2024 4.27%
May-2024 4.33%
May 31, 2024
State Local Agency Investment Fund
City of Upland - Successor Agency - Public Financing Authority

TREASURER'S REPORT
For 12 Month Period Ended

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%

5.00%
Average Yield On Investment Portfolio

Prepared by Darren Chan
6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

Investment Portfolio
State Local Agency Investment Fund (LAIF)4,983,829 5,023,403 5,063,212 3,065,740 1,115,944 1,118,938 6,112,217 6,140,634 10,179,928 8,165,694 5,738,513 1,228,815 California Asset Management Plan (CAMP)25,098,674 30,230,929 30,372,628 30,511,128 30,655,126 30,795,733 30,940,951 31,086,004 31,221,545 31,366,454 35,511,736 35,667,423 Negotiable Certificates of Deposit 19,841,577 22,273,062 22,275,160 23,734,007 24,947,630 25,067,720 24,049,279 26,489,593 25,738,967 25,434,176 25,146,286 24,598,093 Money Market Fund 3,094,006 544,366 3,331,015 1,416,006 373,395 1,534,652 1,160,163 292,728 1,264,033 3,100,698 3,537,396 994,116 Municipal Bonds 1,532,380 1,535,585 1,497,757 1,494,993 1,497,169 1,510,198 1,524,299 1,534,972 1,529,703 1,533,303 1,527,597 1,531,768 Government Agency Securities 58,931,606 59,305,626 57,908,782 58,260,760 58,443,604 58,080,656 60,417,271 59,328,194 59,106,065 59,868,893 59,663,646 63,208,309 Corporate Bonds - - - - - - - - - - - - US Treasury 2,561,858 2,569,213 1,577,943 1,573,238 1,576,070 1,595,435 1,614,818 1,619,928 1,610,845 4,512,223 4,446,395 4,485,273 Total Investments 116,043,930$ 121,482,183$ 122,026,498$ 120,055,871$ 118,608,939$ 119,703,332$ 125,818,997$ 126,492,053$ 130,651,085$ 133,981,439$ 135,571,569$ 131,713,797$ Weighted Average Days to Maturity 508.51 532.00 529.41 563.07 559.72 559.72 506.90 491.11 459.24 483.70 461.83 471.80 Blended Yield:2.42%2.58%2.93%3.01%3.02%3.02%3.08%3.05%2.94%3.14%3.08%3.02% Cash
Bank Accounts and Change of Funds 19,573,164 7,875,465 3,307,087 4,661,508 4,719,830 7,043,740 7,158,488 8,280,241 7,286,941 5,023,019 5,167,174 13,970,016 Total Cash 19,573,164$ 7,875,465$ 3,307,087$ 4,661,508$ 4,719,830$ 7,043,740$ 7,158,488$ 8,280,241$ 7,286,941$ 5,023,019$ 5,167,174$ 13,970,016$ Total Cash and Investments 135,617,094$ 129,607,649$ 125,333,584$ 124,717,379$ 123,328,768$ 126,747,072$ 132,977,485$ 134,772,294$ 137,938,026$ 139,004,459$ 140,738,742$ 145,683,813$ PARS Investment Portfolio
115 Trust-OPEB Investment 1,780,155 1,818,663 1,783,295 1,717,318 1,722,469 1,722,469 1,872,738 1,877,569 1,898,632 1,936,964 2,184,493 2,247,348 115 Trust-Pension Investment 3,876,869 4,566,993 4,509,472 4,370,416 4,432,144 4,432,144 4,729,333 4,746,692 4,775,020 4,855,290 7,104,472 7,289,805 Total Restricted Funds Held in Trust 5,657,024$ 6,385,657$ 6,292,767$ 6,087,734$ 6,154,613$ 6,154,613$ 6,602,071$ 6,624,260$ 6,673,652$ 6,792,254$ 9,288,965$ 9,537,153$ Benchmarks:

LAIF 3.17%3.31%3.43%3.53%3.67%3.67%3.93%4.01%4.12%4.23%4.27%4.33% CAMP 5.27%5.43%5.54%5.55%5.56%5.44%5.55%5.54%5.50%5.50%5.45%5.43% 2yr U.S. Treasury 4.87%4.88%4.85%5.03%4.95%4.73%4.23%4.27%4.64%4.59%5.04%4.82% 5yr U.S. Treasury 4.13%4.18%4.23%4.60%4.67%4.31%3.84%3.91%4.26%4.21%4.72%4.42% Restricted Funds with Fiscal Agent
Wtr Sys Lease Rev Ref Bonds 2011
Wtr Revenue Bonds 2022 15,500,914 15,500,977 15,501,043 16,509,197 15,501,173 15,501,239 15,501,303 15,501,369 15,501,435 15,636,280 15,501,562 15,501,626 Wtr Sys Lease Rev Ref Bonds 2021 0 0 0 73,960 25 25 25 25 25 48,773 0 - Successor Agency TAN 2013/2016-Merged 2,256,162 2,256,172 2,892,444 10 10 10 10 10 223,344 0 0 - Colonies CFD Area #1 2012 - - - - - - - - - - - - Colonies CFD Area #1 2022 1,640,517 1,640,523 1,640,530 585,586 585,588 585,591 585,593 585,595 1,311,297 1,122,204 1,122,209 1,122,212 Colonies CFD Area #2 2015 2,615,776 2,615,787 2,615,798 1,526,950 1,526,956 1,526,958 1,526,969 1,526,975 2,236,488 2,010,387 2,010,393 2,010,404 Upland 54 CFD 2004 261,003 261,004 261,005 166,186 166,187 166,188 166,188 166,188 231,819 203,448 203,449 203,449 Sycamore Hills CFD 2015-1 1,076,848 1,076,852 1,102,057 737,752 737,756 737,759 737,762 737,762 1,006,794 824,056 824,059 824,060 Harvest at Upland CFD 2016-1 Area #1 893,973 897,321 904,297 571,804 574,056 576,398 578,670 581,045 912,960 743,629 746,634 749,547 Harvest at Upland CFD 2016-1 Area #2 2,695,089 2,695,100 2,695,112 2,289,308 2,289,318 2,289,328 2,289,337 2,289,347 2,583,777 2,435,366 2,435,376 2,435,384 3,998,701 4,013,696 4,029,216 3,992,422 4,007,837 4,023,801 4,039,244 4,055,265 4,145,681 4,062,915 4,078,970 4,094,517 Sycamore Hills CFD 2015-1-2 4,544,939 1,104,332 1,124,072 765,827 765,830 765,833 765,836 765,840 1,049,013 848,106 848,109 848,111 Total Restricted Funds 35,483,921$ 32,061,765$ 32,765,574$ 27,219,003$ 26,154,735$ 26,173,129$ 26,190,936$ 26,209,421$ 29,202,632$ 27,935,164$ 27,770,761$ 27,789,310$ May-2024

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Summary
May 31, 2024
Jul-2023 Jan-2024Jun-2023 Aug-2023 Sep-2023 Oct-2023 Nov-2023 Dec-2023 Feb-2024 Apr-2024Mar-2024

6/18/2024
DocuSign Envelope ID: 66529772-D0DD-49D6-88EC-D9BF7E13A15A

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF

LON TEAGUE, POLICE LIEUTENANT
SUBJECT: CONSIDER APPROVAL OF THE ANNUAL MILITARY EQUIPMENT REPORT PER ASSEMBLY BILL NO. 481

RECOMMENDED ACTION:

It is recommended that the City Council review Ordinance No. 1960 and approve the Annual Military Equipment Report regarding the Police Department’s possession of military equipment per Assembly Bill 481 .

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining compliance with the State's regulations described under AB 481. Furthermore, this policy promotes transparency, accountability, and oversight surrounding the police department's use of military equipment.

BACKGROUND
On September 30, 2021, Governor Newsom signed into law seven major peace officer reform bills, including Assembly Bill 481. AB 481 was authored by Assembly Member David Chieu (D -San Francisco) to address the funding, acquisition, and use of items lawmakers deemed to be considered “military equipment.”

The bill requires law enforcement agencies, including the Upland Police Department, “to obtain approval of the City Council, by the adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.”

In accordance with the procedure set forth unde r AB 481, the Police Department’s Military Equipment Policy 706 was first made available on the Police Department’s website on March 14, 2022, more than 30 days before the public meeting at which the policy was first considered by the City Council. The Policy includes a list of newly defined military equipment currently in the Upland Police Department’s possession. The city’s website provides a means for the public to submit complaints, concerns, or questions about the use of each specific type of military equipment.

On May 9, 2022, the City Council adopted Ordinance No. 1960 approving a Military Equipment Use Policy (Policy).

The military equipment identified in the Policy is necessary because no reasonable alternatives can achieve the same objectives for officer and civilian safety. The Policy safeguards the public’s welfare, safety, civil rights, and civil liberties. The military equipment identified in the Policy is reasonably cost-effective compared to available alternatives that can achieve the same officer and civilian safety objective. All prior military equipment use complied with the City’s policies that were in effect at the time.

AB 481 Annual Reporting Requirements (Government Code 7072) The Police Department must annually submit an Annual Military Equipment Report (Report) that lists each type of military equipment used.

At a minimum, and as required by Government Code Section 7072(a), the Report includes the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

ISSUES AND ANALYSIS
AB 481 requires the City Council to review the ordinance at least annually. This includes a review of each type of military equipment identified in the Report provided by the Police Department. The Police Department’s Report includes the use of military equipment, any complaints received, any internal audits or other information about violations of the Upland Police Department Military Equipment Policy 706, and the cost of such use and other similar information. The Police Department’s webpage is utilized for the distribution of any updates to the above materials and the Report.

AB 481 Definition of Military Equipment (Government Code 7070) AB 481 created Government Code 7070 which defined the following 15 categories of items as military equipment:

Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached Category 4: Tracked armored vehicles that provide ballistic protection to their occupants Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Category 6: Weaponized aircraft, vessels, or vehicles of any kind Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard-issue shotgun ammunition
Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns
Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles Category 11: Noise-flash diversionary devices and explosive breaching tools Category 12: Munitions containing tear gas or oleoresin capsicum (pepper spray), excluding standard, service-issued handheld pepper spray
Category 13: TASER® Shockwave, microwave weapons, water cannons, and long -range acoustic devices Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight

The Upland Police Department currently possesses items in Categories 1, 2, 9, 11, 12, and 14 from the above list. All items currently in possession of the Upland Police Department have been approved during the associated budgetary periods commensurate with the items purchased. The Report is attached for City Council’s approval.

As required by AB481, in order to allow the public to discuss the Report in an open forum, the Police Department will hold a public meeting within 30 days of approval.

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
Approving the Annual Military Equipment Report has no direct fiscal impact on the City’s General Fund. Indirect costs would include staff time for compiling reports and responding to complaints concerning the policy.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Upland Police Department Annual Report 2024 – Military Equipment List. The Upland Police Department utilizes the equipment listed below for law enforcement purposes only in a manner that is consistent with the equipment’s category’s description. The Department’s use complies with state and federal law, including any licensing and certification requirements, and City and Department policies and procedures. All equipment is used in a manner that protects public and officer safety and the community’s civil rights and civil liberties, with the goal of minimizing injury to persons and property, including when exigent circumstances arise that may require a related use not explicitly described below. Deployments are regulated to those who have completed requisite training or qualification, including that from the Department and the Commission on Peace Officer Standards and Training (POST).

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

16 (sixteen) Geissele 5.56mm rifle is capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire. The Geissele rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The

5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST:
$2,068.62 per rifle.
• Authorized Use: Only members that are POST certified Peace Officers, and are members of the SWAT Team that have completed POST SWAT Academy/Firearms Training.

Members meeting the above qualifications are also authorized to carry these weapons in a patrol capacity.
12 (twelve) M16A1 service rifles. The M16A1 service rifles possessed by the Upland Police department are NOT currently in service (storage). The M16A1 service rifle is capable of accurately engaging an armed subject at various distances. The M16A1 service rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi- automatic and automatic fire. The M16A1 service rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $0. These firearms were granted from the U.S. Military. The firearms are currently in storage and pending return or legal disposition.

There is no additional category 9 equipment anticipated to be acquired in FY 24/25.

2. Tear Gas (Category 12):
a. Quantity, Description, Capabilities, and Purchase Cost: Description: Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Upland Police Department as a nonlethal tool to disperse rioting suspects and on barricaded suspects per Upland Police Department Policy and applicable law. The Upland Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de- regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Descriptions of each agent/munition are taken directly from the manufacturer.

1. 1017 -Pocket Tactical SAF-Smoke – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 20 to 30 seconds to cover small areas. May be launched or hand-thrown Cost: $27.75 per munition.

2. 1062 - SAF-Smoke Black – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 30 to 40 seconds to cover large areas. May be launched or hand-thrown Cost: $50.70 per munition.

3. 2042 - Flameless Expulsion CS Grenade - The CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time. Cost: $49.00 per munition.

4. 1082 - Riot Control Continuous Discharge Grenade - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.

Cost: $29.30 per munition.

5. 1072 - Spede-Heat Continuous Discharge Chemical Grenade - The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. Cost: $33.05 per munition.

6. 5230B – Baffled Riot CS Smoke. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

Cost $49.75 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals. 5. Training exercises or approved demonstrations. c. Authorized Use: Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:

1. 1017 – 5 years

2. 1062 – 5 years

3. 2042 – 5 years

4. 1082 – 5 years

5. 1072 – 5 years

6. 5230B – 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.

f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.

3. Flash Bang (Category 11):
a. Quantity, Description, Capabilities, and Purchase Cost: The noise/flash diversionary device (NFDD) has become an essential tool for law enforcement tactical teams. Manufacturers of NFDD's have developed training devices to realistically simulate the operational characteristics of standard NFDD's. Although the energy released from the training model is insufficient to use the irritant powder modules, other accessories may be used for the same purposes that they might be used operationally. Examples include trip wiring, perimeter protection, remote initiation, and attaching lanyards for retrieval. The fuze is the most important part of a pyrotechnic munition.

Combined Tactical Systems (CTS) Inc. has taken the standard military M201A1 fuze and improved it Rev. 6/21/23 to provide increased consistency, reliability, and safety. The article describes the CTS Flash-Bang Training System as a superb, cost-effective training tool. The Model 7290T Training Flash-Bang is a low-cost training device that realistically simulates all the functional characteristics of a standard NFDD without any of the liabilities associated with using a full-power device.

1. 7290MT – Mini Bang Training Body. Training system makes for excellent training scenarios.

The system is built and weighs exactly the same as the Model 7290M Flash-Bang but has no flash charge. The 7290MT body is painted with a bright blue coating and can be used an unlimited number of times. The M201FB fuse for this system has 10 times the output of a normal M201 fuse and it is threaded with a left-hand thread so it cannot be accidentally used in any other munitions.

The Model 7290MT produce an audible output of about 120db. The base contains a standard 3/8- 16 UNC thread at its center, allowing attachment of numerous accessories, including: Clamp, Stake, Eye Bolt or Magnet. Cost: $54.75

2. 7290M – Mini Flash Bang. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Cost: $49.50.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
c. Authorized Use: Only officers who have received POST certification or manufacturer specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan: 1. 7290MT – 5 years

2. 7290M – 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.

4. Pepper Ball Launcher (Category 14):
a. Quantity, Description, Capabilities, and Purchase Cost:

Twelve (12) Launchers that a part of a system that uses high-pressure air to deliver PAVA powder projectiles (similar to a paintball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-escalation tool used to avoid further injuries or lethal options on a subject; Cost: Unknown for Six (6) items as they were purchased @ 15 years ago. Six (6) launchers were recently purchased as Cost $664.99

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

2. Pepper Ball Glass Breaker Projectiles, a solid projectile used to shatter windows only.

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

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

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

1. Pepper Ball Launcher – No expiration

2. Live Projectile – 3 years

3. Glass Breaker Projectiles – No expiration
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.

5. Projectile Launch platforms and associated munitions (Category 14):
a. Quantity, Description, Capabilities, and Purchase Cost:

1. Three (3) 40mm Single Launcher:
a. Manufacturer: Defense Technology
b. Cost: $985.70.

2. Fifteen (15) 40mm Single Launchers:
a. Manufacturer: LMT Defense Technology
b. Cost Per: $1,212.83.

The LMT Defense Technology 40mm Single Launcher is not a firearm, but a Less-Lethal launching system that uses smokeless powder to deliver 40MM projectiles from a safe distance.

The Less-Lethal launcher can launch 40MM munitions at a subject up to 40 yards. The Less- Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition.

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

1. 6320 - The 40mm Direct Impact Crushable Foam Round is the perfect munition for incapacitating a single subject or for controlling a crowd. The plastic body with a crushable orange foam nose containing a powder payload makes for a lightweight, high -speed projectile. This munition is a point-of-aim, point-of-impact direct fire round that has passed extensive human effects assessments for blunt impact and penetration, most commonly used by tactical teams where greater accuracy and deliverable energy is needed for incapacitation of a non-compliant subject at longer distances. When it is loaded with agent, it combines blunt trauma with the effects of an irritant, which maximizes the potential for incapacitation. Cost: $30.50 per munition.

2. 6322 - The 40mm Direct Impact munition is a point-of-aim, point-of-impact directfire round.

An excellent solution whether you need to incapacitate a single subject or control a crowd.

When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Cost: $30.30 per munition.

3. 6299 - The 40 mm Multiple Foam Baton Round is most widely used as a crowd management tool where stand-off distances are limited. It may also prove valuable in riot situations where police lines and protestors are in close proximity. The round contains three foam projectiles. It utilizes smokeless powder and has more consistent velocities and tighter patterns compared to its 37 mm counterpart. The foam Rev. 6/21/23 projectile allows for closer deployment, while minimizing injury. Cost: $25.60 per munition.

4. 2262 - 40mm CS Liquid Ferret (Barricade Penetrating Projectile “Black Tip”). The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined

areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $28.15 per munition.

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

Cost: $25.60 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals. 5. Training exercises or approved demonstrations. c. Authorized Use: Only officers who have received POST certification or manufacturer specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:

1. 6320 – 5 years

2. 6322 – 5 years

3. 6299 – 5 years

4. 2262 – 5 years

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

6. Bean Bag Shotgun (Category 14):
a. Quantity, Description, Capabilities, and Purchase Cost: Fifteen (15) Remington 870 12 Gauge Multi-Shot Beanbag Launcher: Cost: Unknown, purchased over 25 years ago. The Remington 870 12 Gauge Multi-Shot Beanbag Launcher is a converted Remington 870 used as a Less- Lethal launching system. The launching system uses smokeless powder to deliver a 12 gauge 40-gram lead-filled cotton-ballistic fiber blend projectile from a safe distance. The Less-Lethal launcher is capable of launching munitions at a subject up to 75 feet. The Less-Lethal launcher is a pump-action launcher, which allows the officer to assess after every spent munition. Less- Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.

1. 3027 – 12 gauge 40-gram lead-filled cotton-ballistic fiber blend stabilized bean bag munition is designed to produce blunt trauma and pain compliance. The bean bag munition is used as a Less- Lethal weapon designed to de-escalate a potentially violent encounter; Cost: $6.15 per munition.

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

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

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

1. Bean Bag Launcher – No expiration.

2. Bean Bag Munitions – 5 years e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used. f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.

7. Small Unmanned Aerial Systems (sUAS) (Category 1):
a. Quantity, Description, Capabilities, and Purchase Cost:

1. LOKI 2 (Quantity 4)
a. Manufacturer: Sky Hero
b. Total Cost: $29,960

2. EVOII (Quantity 3)
a. Manufacturer: Autel Robotics
b. Total Cost: $20,694

3. Nano+(Quantity 2)
a. Manufacturer: Autel Robotics
b. Total Cost: $1,418

4. DJI Avata (Quantity 5)
a. Manufacturer: DJI
b. Total Cost: $7,195

5. EVO Max 4T (Quantity 3)
a. Manufacturer: Autel Robotics
b. Total Cost: $25,325

6. SIGYN UGV (Quantity 1)
a. Manufacturer: Sky Hero
b. Total Cost: $8,795

7. EVO Max 4N (Quantity 2)
a. Manufacturer: Autel Robotics
b. Total Cost: $17,398

An unmanned aircraft of any type that is capable of sustaining direct flight, whether pre- programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means. sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses

could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes. b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with the FAA regulations and with respect for constitutional rights and privacy, which include but not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support search warrant or tactical operations such as barricaded suspects, mapping of critical infrastructure for Homeland Security purposes, security operations, at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government.
c. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate sUAS equipment during approved missions. d. Expected Lifespan: All sUAS equipment, approximately 3-5 years. e. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000. f. Additional Equipment: Equipment anticipated to be acquired in Fiscal Year 24/25:

1. Two Autel Evo Max 4N UAVs. Cost per - $8,699

2. Two Autel Nano+ UAV’s. Total cost - $1,418

8. Armored Personnel Carrier (Category 2):
a. Quantity, Description, Capabilities, and Purchase Cost

1. Bearcat Gen 2 (Quantity 1)
a. Manufacturer: Lenco
b. Cost: $285k
An armored rescue vehicle capable of providing high ballistic protection, cover, limited breaching capability, and transporting officers and/or civilians at critical incidents and high-risk tactical operations. Bearcats can support first responders in any hazardous, high-risk, or critical incident, which would benefit from having a vehicle that provides a high level of ballistic protection. b. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT Commander, based on the specific circumstances of a given incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected Lifespan: Lenco Bearcat Gen 2, approximately 15 years. e. Fiscal Impact: Annual maintenance costs approximately $1,000. f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25

9. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs) (Category 13):
a. Quantity, Description, Capabilities, and Purchase: Ninety three (93) AXON TASER 7 Cost per:
$2,464.16. The Axon TASER 7 is a conducted energy weapon (CEW) designed for law enforcement to incapacitate suspects with less risk of serious injury or death. By providing a less- lethal option, the TASER 7 can give officers a window to de-escalate a tense situation before resorting to firearms.

1. The AXON TASER 7 probe cartridge is a single-use magazine containing two barbed probes connected to insulated wires. These cartridges are designed to be fired from the TASER 7 conducted energy weapon (CEW) to subdue a suspect with minimal harm. Cost: $$40.31 per cartridge.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized use:

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

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Expected Lifespan: No expiration.
e. Fiscal Impact: There is no current fiscal impact. Replacement of Taser equipment is included in the Axon Officer Safety Plan, valid through February 2028. f. Additional Equipment: None anticipated to be acquired in fiscal year 24/25.

Confirmed Non-Compliance:

The Department had no reportable instances of confirmed non-compliance with its Military Equipment Use Policy to report to the City Council.

Justification:

In order to ensure that the Department’s military equipment provides the best value to meet the City’s needs in comparison to alternatives, if any were available, and to achieve officer and civilian safety, the Department’s past and future acquisitions of military equipment comply with the City’s purchasing policy.

DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF

CLIFF MATHEWS, POLICE CAPTAIN

JONATHAN INGLES, HOMELESS SERVICES COORDINATOR
SUBJECT: CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH INLAND

VALLEY RECOVERY SERVICES

RECOMMENDED ACTION:

It is recommended that the City Council authorize the City Manager to approve a professional services agreement with Inland Valley Recovery Services (IVRS) to provide a part-time IVRS Outreach Representative and supportive services; and appropriate funding using the National Opioid Settlement up to $75,000 annually or the amount available through the National Opioid Settlement, whichever is less.

GOAL STATEMENT
The proposed action supports the City’s goal of providing safe and effective law enforcement services for the residents of Upland by providing additional resources to address people experiencing homelessness and substance use disorders.

BACKGROUND
Substance Use Disorder and homelessness often intersect in a complex and mutually reinforcing manner, resulting in significant challenges for individuals and communities. Homeless individuals often face significant barriers to accessing substance use treatment and recovery services, including lack of transportation, limited financial resources, and insufficient availability of programs tailored to their needs. The Upland Police Department is looking to contract for additional outreach services using funding provided by the National Opioid Settlement to bridge the gap and make these necessary services accessible.

ISSUES AND ANALYSIS
The Upland Police Department Quality of Life Team contacts people experiencing homelessness daily, most of whom are experiencing substance abuse. The Quality of Life Team is dedicated to treating this problem by providing access to evidence-based treatment programs. IVRS has the resources to provide the necessary treatme nt and supportive services to help overcome substance abuse, including detoxification, residential treatment, supportive housing, and aftercare services.

IVRS has agreed to provide these services, and a part-time outreach representative will accompany the Quality of Life Team in the field as they contact people experiencing homelessness. The outreach representative will conduct the initial screening of potential applicants into IVRS and facilitate the immediate enrollment of individuals into their detox and/or residential program when applicable. This representative will also provide education and information regarding services available to IVRS clients and/or offer other linkage and coordination services as they become available.

The IVRS service agreement shall be from July 1, 2024, to June 30, 2025, and may be extended upon mutual written consent by the City and IVRS. This service agreement includes $24,960 per fiscal year to cover the cost of the Outreach Representative. Additionally, IVRS will provide additional services at a reduced rate, including Detoxification Services at a daily rate of $400 (10-day max), Residential Treatment Services at a daily rate of $190 for the first 30 days, and $140 per day if additional treatment is deemed necessar y after the first 30 days, and Supportive Housing at a daily rate of $40 (180-day max).

Funding for this treatment is currently allocated through the National Opioid Settlement and can only be used for specific treatment. The services IVRS provides in this agreement are authorized by the National Opioid Agreement.

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
This action will appropriate $75,000 in FY 24/25 in National Opioid Settlement expense accounts. The City of Upland currently has $148,826 in allocated funding provided by the Distributor Settlement Agreement (Account #2173201- 4429-32440), the Jannsen Settlement Agreement (Account #2173201-4429-32441), and the National Opioid Abatement Trust (NOAT) II (Account #2173201-4429-32442) collectively known as the National Opioid Settlement.

As part of this agreement, the City is expected to receive an average annual funding of $33,295 through the Distributor Settlement Agreement through June 2038, an average annual funding of $12,090 through the Jannsen Settlement Agreement through June 2031, and an average annual funding of $4,500 through the NOAT II through June 2030.

There is no fiscal impact on the General Gund as these allocated funds are specifically regulated and can only be used to cover services described in this agreement.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of July 1st, 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and Inland Valley Recovery Services (IVRS), a certified non-profit corporation with its principal place of business at 1260 E. Arrow Highway, Upland, CA 91786 (hereinafter referred to as “Service Provider”). City and Service Provider are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Upland Cares National Opioid Settlement Project (hereinafter referred to as “the Project”).

B. Service Provider is licensed and has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Service Provider shall provide the City with the services described in the Scope of Services attached below:

Scope of Services:
a. Inland Valley Recovery Services will provide an outreach representative that is assigned to the Upland Police Department Impact Team. The job function of the IVRS outreach representative includes the following:

1. Conduct homeless outreach on a part-time basis in the City of Upland with the Impact Team and the Upland Police Department Homeless Coordinator.

2. Conduct screenings of persons experiencing homelessness and Substance Use Disorder (SUD) and document contacts with potential clients.

3. Coordinate and facilitate direct intakes into Inland Valley Recovery Services by means of phone call or in-person meetings.

4. Assist in the coordination of necessary medical clearance for applicable individuals who are eligible for the IVRS program but require medical or psychiatric clearance prior to enrollment.

5. Retain documentation of the number of contacts made by the outreach worker, all coordinated efforts made for individuals who are eligible for the IVRS program, and all individuals placed into the IVRS program.

2 6. Actively meet and communicate with the Impact Team and Upland Police Department Homeless Coordinator about clients who are or may be eligible for the IVRS program.
b. Inland Valley Recovery Services will provide detox services for eligible City of Upland clients located by the Upland Police Department or its representatives.

1. Provide immediate detox and restorative services to individuals experiencing Substance Use Disorder (SUD).

2. Provide assessments, medical-assisted treatment (MAT), close monitoring, and medications as necessary for safe detoxification.
c. Inland Valley Recovery services will provide residential treatment for eligible City of Upland clients located by the Upland Police Department or its representative.
1 Residential treatment will include 24-hour monitoring, therapeutic services such as counseling, group education, UA testing, room and board services, laundry facilities, food, and other supportive residential services. 2 Inland Valley Recovery Services will provide supportive housing for City of Upland clients located by the Upland Police Department or its representatives.
a. Supportive housing includes a sober living environment, room and board, food, laundry facilities, a case manager for oversight, random UA testing, and referral to workforce development to assist with obtaining employment and supportive services.
d. Inland Valley Recovery Services outreach representatives will provide periodic training and educational training to Upland Police Department Personnel on Substance Use Disorder, the process for people to receive treatment for Substance Use Disorder (SARC), and knowledge of IVRS’s process for treating Substance Use Disorder.

2. Compensation

a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the schedule of charges listed below. In no event shall the total amount paid for the salary of the IVRS Outreach Representative Provider under this Agreement exceed the sum of $24,960 per fiscal year, and for the services set forth in section 2.b., separate from the IVRS Outreach Representative Provider, in an amount exceeding $50,040 per fiscal year, or the remaining balance of the National Opioid Settlement Agreement, whichever is less. The additional funding provided by the National Opioid Settlement will be utilized for related costs associated with the treatment and supportive services when alternative sources of funding cannot be utilized (such as a qualifying grant that IVRS has to treat the same client for the same service). The City will not pay any additional fees for other services or other person(s) not referred to care by the Upland Police Department or its representative. Payments to the service provider for work performed will be made on a monthly billing basis. IVRS will provide the City with an invoice of hours worked by the IVRS Outreach Representative along with a detailed description of services provided (excluding protected client information such as client names, birth dates, and information covered under the Health Insurance Portability and Accountability Act) to clients in residential treatment, detox services, and supportive housing. IVRS will also include the rate and duration for each type of service listed above (residential treatment, detox

3 services, supportive housing) for each client in the IVRS program, along with the date range the costs cover. The City will then remit payment. b. IVRS Outreach Representative
a. This representative will earn a maximum salary of $24,960/year and receive benefits for up to 16 hours per week (52 weeks a year) at an hourly rate of $30.00.
c. Detoxification Services
a. IVRS will provide immediate detox and restorative services to individuals experiencing SUD. IVRS will provide medically appropriate services for a daily rate of $400.
d. Residential Treatment Services
a. Residential treatment for SUD services will be provided at a rate of $190 per day for each individual for the first 30 days.
b. When continued treatment is necessary after 30 days, the treatment rate will be $140 per day for 30 days.
e. Supportive Housing
a. Supportive housing for people who have been sober for 30 days and are experiencing homelessness will be provided at the rate of $40 per day for a maximum of 180 days.

3. Additional Work.

If changes in the work seem merited by Service Provider or the City, and informal services with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Service Provider with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, logs, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by the Service Provider. The Service Provider shall provide the city of Upland a quarterly report of costs incurred and services rendered to each client (excluding protected client information such as client names, birth dates, and information covered under the Health Insurance Portability and Accountability Act) under the Upland Cares National Opioid Settlement Project. The Service Provider shall submit to the City of Upland a quarterly report no later than April 15th, July 15th, October 15th, and January 15th of each year. Under this agreement, IVRS agrees to allow the City of Upland to audit the records pertaining to the invoices submitted to the City of Upland for payment. The City of Upland may require IVRS to submit additional documentation proving the scope of services for each client and associated costs as necessary while protecting patient privacy rights.

5. Length of Agreement
The term of this Agreement shall be from July 1, 2024 to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project.

6. Delays in Performance.

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

7. Compliance with Law.
a. Service Provider shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

8. Standard of Care
Service Provider services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

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

10. Independent Contractor
Service Provider is retained as an independent contractor and is not an employee of City.

No employee or agent of the Service Provider shall become an employee of the City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from the City as herein provided. a. PERS Eligibility Indemnification
In the event that Service Provider or any employee, agent, or subcontractor of Service Provider 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, Service Provider shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Service Provider 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.

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

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

In addition, the Service Provider shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

6 b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Service Provider shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Service Provider certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Service Provider has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Service Provider shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Service Provider shall require all subservice Providers to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Service Provider shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Service Provider. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit

7 Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

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

8 Provider or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Service Provider hereby waives its own right of recovery against City.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Service Provider from liability in excess of such coverage, nor shall it limit the Service Provider’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. h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Service Provider, 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 Service Provider pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider or City will withhold amounts sufficient to pay premium from Service Provider payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Service Provider to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subservice Provider Insurance Requirements. Service Provider shall not allow any subcontractors or Su-service Providers to commence work on any Sub-service Provider until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-service providers shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by the Service Provider, the City may approve different scopes or minimum limits of insurance for particular subcontractors or sub-service providers.

9 12. Indemnification.
a. To the fullest extent permitted by law, Service Provider shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Service Provider, its officials, officers, employees, subcontractors, Service Providers or agents in connection with the performance of the Service Provider’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Service Provider's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Service Provider, the City, its officials, officers, employees, agents, or volunteers.

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

13. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

14. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Service Provider. City shall pay Service Provider the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Service Provider of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Service Provider shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Service Provider may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Service Provider.

18. Organization

10 Service Provider shall assign an Inland Valley Recovery Services Lead as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

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

20. Notice

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

CITY OF UPLAND
Upland Police Department
1499 W. 13th Street
Upland, CA 91786
Attn: Office of the Chief of Police
SERVICE PROVIDER:

Inland Valley Recovery Services
1260 E. Arrow Hwy
Upland, CA 91786
Attn: Tina Hughes

and shall be effective upon receipt thereof.

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

22. Equal Opportunity Employment.

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

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

24. Severability

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

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

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

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

28. City’s Right to Employ Other Service Providers
City reserves its right to employ other Service Providers in connection with this Project or other projects.

29. Prohibited Interests
Service Provider maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Service Provider, to solicit or secure this Agreement. Further, Service Provider 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 Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND INLAND VALLEY RECOVERY SERVICES

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

CITY OF UPLAND INLAND VALLEY RECOVERY SERVICES
Approved by: If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer

REQUIRED

By: By:

Michael Blay
City Manager, City of Upland Its:

Printed Name:

Attested by:

By:

By:

Keri Johnson Its:

City Clerk, City of Upland
Printed Name:

Approved as to form:

By:

Best Best & Krieger LLP
City Attorney

DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

RICHARD SMIDERLE, OPERATIONS MANAGER
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR COBBLE ROCK CURB RESTORATION / REPAIRS WITH VIDO SAMARZICH, INC.

RECOMMENDED ACTION:

It is recommended that the City Council approve an Agreement with Vido Samarzich, Inc. for cobble rock curb removal & replacement of damaged/broken cobble rock curbs in the amount of $60,690.00, plus 5% contingency $3,034.50 for a total not to exceed amount of $63,724.50.

GOAL STATEMENT
The proposed action supports the City’s objective in maintaining/restoring ha rdscape infrastructure throughout the City.

BACKGROUND
In 2023 the Public Works Department received information regarding broken/damaged cobble rock curbs along the frontage of serval residential homes on 8th Ave. south of Arrow. Cobble rock curbing has remained a permanent infrastructure standard throughout the City’s Historical District areas. The City has continued to maintain and/or restore all historic cobble rock curbing on an as needed/requested basis.

Historic District Cobble Rock Curbs, in some cases may be over 100 years old and as a result have surpassed their functional life. Cobble rock curb restoration has proven to be a time -consuming process as well as a premium cost for the cobble rock product. For these reasons, it is expected that cobble rock curb repairs/restoration would be performed at a premium cost.

ISSUES AND ANALYSIS
Staff reached out to three contractors with a request for quotes to perform cobble rock curb removal & replacement of damaged/broken cobble rock curbs on 8th Ave. south of Arrow. The City received responses from all three contractors (see attached quotes). Staff recommends the Council approve an agreement with the lowest bidder, Vido Samarzich, Inc.

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 Fac ilities), 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 exists.

FISCAL IMPACTS
The adopted FY 2023-24 Operations Street Maintenance Budget contains sufficient funds for the proposed Cobble Rock Curb Restoration Project.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of CEQA Guidelines.

CITY OF UPLAND

CONSTRUCTION CONTRACT

8th Ave Cobble Rock Curb Project

1. PARTIES AND DATE.

This Contract is made and entered into this 10th day of June, 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 Vido Samarzich, Inc., a California Corporation with its principal place of business at 6829 Billings Place, Rancho Cucamonga, CA, 91701 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Concrete cobble rock curb repairs and replacements related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class A.

2.3 Project. City desires to engage Contractor to render such services for 8th Ave.

Cobble Rock Curb Project, (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

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

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

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

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work.

Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. (A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
(B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7)

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

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

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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

3.3 Period of Performance and Liquidated Damages.

3.3.1 Contractor shall perform and complete all Work under this Contract within 60 days, beginning the effective date of the Notice to Proceed (“Contract Time”).

Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, 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

4 damages the sum of $250 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

3.3.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a 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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to th e extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

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

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract 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, and workers’ compensation insurance.

5 3.5.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Sixty Thousand, Six-Hundred Ninety Dollars ($60,690.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. The City Manager may approve Additional Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.

Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

6 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

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

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

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

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

7 3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.

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

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages

8 paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in La bor Code Section 1771.4.

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal

9 Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”).

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

3.9.1.3 Other Water Quality Rules Regulations and Policies.

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

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

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

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will

10 receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or k inds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.

Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with.

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

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

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

11 trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

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

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

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

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

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

12 3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

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

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

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

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

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

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

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

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

3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16-point capital font:

13 “THIS IS A CLAIM.” The Claim shall include all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

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

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

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

3.11.5.3 Chronology of events and correspondence

3.11.5.4 Narrative analysis of claim merit

3.11.5.5 Analysis of Claim cost, including calculations & supporting documents

3.11.5.6 Time impact analysis in CPM format

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

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

3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, s hall be submitted

14 to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.

Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally.

The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

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

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

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

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

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

15 3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

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

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

3.11.11 Government Code Claim Procedures.

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

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

3.11.11.3 Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

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

16 3.11.12 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this Section.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section

3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for d efects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding.

Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor

17 to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

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

3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City).

Policies shall not contain exclusions contrary to this Contract.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000; per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability $1,000,000; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000; each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

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

18 3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

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

3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage.

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

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) 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, employees, agents and volunteers.

3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.14.5 Separation of Insureds; No Special Limitations. 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 officials, employees, agents and volunteers.

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with

19 respect to Work performed and shall otherwise comply with all requirements of this Section.

Defense costs shall be paid in addition to the limits.

3.14.7 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 officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.14.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract 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 supplied or approved by the City. 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.

3.14.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.14.11 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 Work under this Contract.

3.15 Bond Requirements.

3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 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 effected bond within (ten) 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

20 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 Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

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

3.16 Warranty. Contractor warrants all Work 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 Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work 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 Work 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 acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such co rrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of 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.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s 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 Work. A certification

21 form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

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

3.17.3 Verification of Employment Eligibility. By executing this Contract, 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, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.18 General Provisions.

3.18.1 City’s Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”).

Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site.

Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor ’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance wr itten notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

22 3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

VIDO SAMARZICH, INC.
6829 Billings Place

RANCHO CUCAMONGA, CA
91701
CITY:

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

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

23 3.18.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full perform ance of all of the provisions contained in this Contract.

3.18.13 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.18.14 Conflict of Interest. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to 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 Work.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

24 3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.18.20 Fleet Compliance.

3.18.20.1 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 “H” and incorporated herein by this reference.

3.18.20.2 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.

3.18.20.3 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]

25 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF UPLAND
AND VIDO SAMARZICH, INC.

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

CITY OF UPLAND
APPROVED BY:

Bill Velto
Mayor

ATTESTED BY:

Keri Johnson
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

VIDO SAMARZICH, INC.

Signature
Vido Samarzich
Name

President
Title

Signature
Monika Samarzich
Name

Secretary
Title

433210 – Class A .

Contractor’s License Number and
Classification

1000013213 .

DIR Registration Number

26 EXHIBIT C

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

EXHIBIT D

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

VIDO SAMARZICH, INC.

By: ________________________________.

Signature
Vido Samarzich .

Name (Print)
President .

Title (Print)

EXHIBIT E

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: Vido Samarzich, Inc. .

Signature: .

Name and Title: Vido Samarzich, President .

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

EXHIBIT G

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 “Regulat ion”). 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: Vido Samarzich, Inc. .

Signature: _________________________________________________

Name: Vido Samarzich .

Title: President .

Date: __________________________________________________

DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

TANYA GARCIA, MANAGEMENT ANALYST
SUBJECT: CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT PROGRAM AWARD

RECOMMENDED ACTION:

It is recommended that the City Council accept the CalRecycle SB 1383 Local Assistant Grant Program award of $211,031 and appropriate the funds.

GOAL STATEMENT
The proposed action supports the City's goal to pursue grant funding to supplement local funding sources and exercise prudent financial management of the City’s Solid Waste Fund.

BACKGROUND
In 2016, the State of California passed Senate Bill 1383 (SB 1383), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants. SB 1383 establishes targets to reduce the level of statewide disposal of organic waste, recover edible food that is currently disposed of, and requires local jurisdictions to implement various programs to comply with the legislation.

CalRecycle offered a one-time, non-competitive grant to aid local jurisdictions in the implementation of regulation requirements associated with SB 1383, including but not limited to, capacity planning, col lection, edible food recovery, education and outreach, enforcement and inspection, program evaluation/gap analysis, procurement requirements, and record keeping.

On January 24, 2022, the City Council adopted Resolution 6634 and authorized the submittal of an application to CalRecycle for SB 1383 Grant funds.

ISSUES AND ANALYSIS
On February 26, 2024, CalRecycle approved the City’s application for SB 1383 Grant funds and awarded the City $211,031. The Grant term began February 26, 2024 and ends April 1, 2 026. A check was received by Finance on May 30, 2024.

Staff identified administrative costs; collection; and marketing, promotion, and outreach as priority expenditure categories on the grant application. The SB 1383 Grant terms and conditions allow local jurisdictions to request expenditure category revisions.

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

FISCAL IMPACTS
The SB 1383 Local Assistance Grant Program FY 2022 -23 award funding will be tracked in Solid Waste Fund 641 - Project Code 42032. The Fiscal Year 2023 -24 budgeted revenues and expenditures will be increased by the grant award amount of $211,031.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Request for Approval
Revised May 2024
To: Karen Kayfetz
Acting Deputy Director, Division of Circular Economy

From: Michelle Martin
Branch Chief, Financial Resources Management Branch

Request Date: February 14, 2024

Decision Subject: Awards for the SB 1383 Local Assistance Grant Program (Greenhouse Gas Reduction Fund, Fiscal Year 2022–23)

Action By: February 20, 2024 May 24, 2024

Summary of Request
Staff requests approval of 387 grant awards in the amount of $109,515,543$109,590,543 for the SB 1383 Local Assistance Grant Program (Program) for fiscal year (FY) 2022–23.

Funding
The FY 2022–23 Budget Act allocated $180,000,000 to be used to assist local jurisdictions in the implementation of regulations adopted by the Department of Resources Recycling and Recovery pursuant to Chapter 395 of the Statutes of 2016, with $9,000,000 reserved to cover administrative costs. CalRecycle allocated $90,000,000 to the SB 1383 Local Assistance Grant Program. The remaining funds were allocated to the Organics Grant Program to fund immediate, critical infrastructure needed to process organic waste as required by SB 1383.

After award of the Organics Grant Program, there was $19,590,543 remaining. Those funds were moved to the SB 1383 Local Assistance Grant making the total amount available for award to $109,590,543.

Table 1. Funding
Fund Source Amount
Available
Amount to
Fund Item
Amount
Remaining Line Item
Greenhouse Gas
Reduction Fund
$109,590,543 $109,515,543
$109,590,543
$75,000
$0
Local Assistance
Grants
Background and Findings
Statutory Authority
Senate Bill (SB) 1383 Lara, Chapter 395, Statutes of 2016, set methane emissions reduction targets for California in a statewide effort to reduce emissions of short-lived climate pollutants.

The Budget Act of 2022 authorizes CalRecycle to award grants to local jurisdictions to assist in the implementation of programs to meet these statutory requirements.

Program Background
The SB 1383 Local Assistance Grant Program provides funding to assist local jurisdictions with meeting the requirements below:
• Provide organics collection services to all residents and businesses • Conduct education and outreach to the community
• Secure access to recycling and edible food recovery capacity • Establish edible food recovery program
• Procure recyclable and recovered organic products
• Monitor compliance and conduct enforcement

Criteria and Process
The Eligibility Criteria and Evaluation Process was approved by the Deputy Director on July 19, 2023 and was presented at the July 2023 CalRecycle Monthly Public Meeting. The Notice of Funds Available was placed on the CalRecycle web site on September 14, 2023, with an appropriate notice sent to interested parties.

Applications were due November 15, 2023, with a secondary due date of December 20, 2023, for authorizing documentation submission. CalRecycle received 390 applications requesting $78,899,869. Staff reviewed the applications in accordance with the approved evaluation and criteria. Subsequently, three applications did not meet the eligibility requirements and are therefore ineligible. The base grant award is $75,000 for eligible entities. The remaining funds will be distributed to eligible entities based on per capita calculations using the Department of Finance’s January 2023 population statistics and data provided by special districts. Staff proposes to fund 387 applications.

If additional monies become available, staff recommends funding the remaining applicants.

Listed below are the types of projects recommended for funding. The types of projects recommended for funding include but are not limited to: green bins and food waste counter pails, development of education and outreach materials, record keeping subscriptions, equipment for food rescue, compost procurement, enforcement and inspections, and personal and administrative costs.

Recommendation
Staff recommends approval of 387 grant awards as listed below for $109,515,543$109,590,543.

Table 2. Recommended Awards

Applicant Award Amount
Alameda County $388,722
Amador County
• City of Amador
• City of Ione
• City of Jackson
• City of Plymouth
• City of Sutter Creek
$450,000
Castro Valley Sanitary District $173,811
Central Contra Costa Solid Waste Authority dba
RecycleSmart
• City of Lafayette
• City of Orinda
• City of Walnut Creek
• Town of Danville
• Town of Moraga
$531,371
City and County of San Francisco $2,161,472
City of Adelanto $103,014
City of Agoura Hills $75,000
City of Alameda $208,212
City of Alhambra $218,610
City of Aliso Viejo $139,546
City of American Canyon $75,000
City of Anaheim $858,835
City of Antioch $306,999
City of Arcata $75,000
City of Artesia $75,000
City of Atwater $89,452
City of Auburn $75,000
City of Avalon $75,000
City of Avenal $75,000
City of Bakersfield $1,065,428
City of Banning $89,017
City of Barstow $75,000
City of Beaumont $154,625
City of Bell Gardens $107,651
City of Bellflower $207,272
City of Belmont $77,478
City of Benicia $75,891
City of Berkeley $328,023
City of Beverly Hills $90,074
City of Big Bear Lake $75,000
City of Blythe $75,000
City of Brawley $79,409
City of Brea $132,861

Applicant Award Amount
City of Brentwood $175,139
City of Brisbane $75,000
City of Buellton $75,000
City of Buena Park $224,342
City of Burbank $278,760
City of Burlingame $86,133
City of Calabasas $75,000
City of Calexico $108,298
City of Calimesa $75,000
City of Camarillo $187,556
City of Canyon Lake $75,000
City of Capitola $75,000
City of Carlsbad $304,687
City of Carpinteria $75,000
City of Cathedral City $141,273
City of Ceres $131,683
City of Chico $286,162
City of Chino $249,249
City of Chino Hills $207,619
City of Chula Vista $719,552
City of Citrus Heights $230,349
City of Claremont $103,281
City of Clayton $75,000
City of Clovis $330,511
City of Coachella $118,046
City of Coalinga $75,000
City of Colfax $75,000
City of Colton $145,729
City of Compton $250,756
City of Concord $324,170
City of Corcoran $75,000
City of Corona $414,610
City of Coronado $75,000
City of Costa Mesa $295,972
City of Culver City $110,849
City of Cupertino $161,264
City of Cypress $137,092
City of Daly City $270,827
City of Davis $174,062
City of Del Mar $75,000
City of Delano $142,034
City of Desert Hot Springs $92,533
City of Diamond Bar $146,317
City of Dinuba $75,000
City of Dixon $75,000

Applicant Award Amount
City of Dos Palos $75,000
City of Downey $296,174
City of Dublin $193,876
City of East Palo Alto $82,120
City of Eastvale $188,087
City of El Cajon $278,977
City of El Centro $123,181
City of El Cerrito $75,000
City of El Monte $283,529
City of El Segundo $75,000
City of Elk Grove $466,392
City of Emeryville $75,000
City of Encinitas $166,263
City of Escalon $75,000
City of Escondido $395,953
City of Eureka $75,785
City of Fairfield $317,573
City of Ferndale $75,000
City of Fillmore $75,000
City of Folsom $229,471
City of Fontana $561,790
City of Fort Bragg $75,000
City of Fortuna $75,000
City of Foster City $92,779
City of Fountain Valley $155,653
City of Fremont $602,222
City of Fresno $1,415,099
City of Fullerton $378,021
City of Galt $75,000
City of Garden Grove $451,318
City of Gardena $162,960
City of Glendale $503,362
City of Goleta $92,104
City of Grass Valley $75,000
City of Gustine $75,000
City of Half Moon Bay $75,000
City of Hawaiian Gardens $75,000
City of Hawthorne $229,999
City of Hayward $421,847
City of Hemet $240,915
City of Hermosa Beach $75,000
City of Hesperia $267,124
City of Hidden Hills $75,000
City of Highland $153,056
City of Holtville $75,000

Applicant Award Amount
City of Hughson $75,000
City of Huntington Beach $514,832
City of Huntington Park $146,058
City of Imperial $75,000
City of Imperial Beach $75,072
City of Indio $243,294
City of Industry $75,000
City of Inglewood $283,195
City of Irvine $792,738
City of Jurupa Valley $279,920
City of Kerman $75,000
City of Kingsburg $75,000
City of La Habra $168,205
City of La Mesa $164,536
City of La Puente $104,826
City of La Quinta $106,439
City of La Verne $91,104
City of Laguna Beach $75,000
City of Laguna Hills $87,140
City of Laguna Niguel $175,628
City of Laguna Woods $75,000
City of Lake Elsinore $194,453
City of Lake Forest $233,689
City of Lakewood $215,635
City of Lancaster $456,996
City of Lathrop $98,934
City of Lawndale $88,065
City of Lemon Grove $79,101
City of Lemoore $77,001
City of Lincoln $143,552
City of Livermore $227,646
City of Livingston $75,000
City of Lodi $179,747
City of Lomita $75,000
City of Lompoc $120,716
City of Long Beach $1,194,492
City of Los Alamitos $75,000
City of Los Altos $88,425
City of Los Angeles $9,758,951
City of Lynwood $179,579
City of Malibu $75,000
City of Manhattan Beach $96,873
City of Martinez $102,722
City of Maywood $75,000
City of Menifee $292,997

Applicant Award Amount
City of Menlo Park $92,197
City of Millbrae $75,000
City of Milpitas $217,999
City of Mission Viejo $245,907
City of Modesto $569,930
City of Montclair $105,184
City of Montebello $167,713
City of Monterey Park $161,611
City of Moorpark $99,117
City of Moreno Valley $547,390
City of Morgan Hill
• City of Gilroy
$290,583
City of Mountain View $224,560
City of Murrieta $292,904
City of Napa $207,005
City of National City $165,976
City of Newark $130,984
City of Norco $75,000
City of Norwalk $270,003
City of Oakdale $75,000
City of Oakland $1,094,382
City of Oakley $124,605
City of Oceanside $451,008
City of Ojai $75,000
City of Ontario $476,003
City of Orange $368,156
City of Orange Cove $75,000
City of Oroville $75,000
City of Oxnard $519,396
City of Pacifica $104,117
City of Palm Desert $139,155
City of Palm Springs $122,267
City of Palmdale $437,684
City of Palo Alto $182,321
City of Palos Verdes Estates $75,000
City of Paramount $143,202
City of Pasadena $362,784
City of Patterson $75,000
City of Pico Rivera $165,978
City of Pinole $75,000
City of Pittsburg $201,796
City of Placentia $144,054
City of Placerville $75,000
City of Pleasant Hill $94,576
City of Pleasanton $206,068

Applicant Award Amount
City of Point Arena $75,000
City of Porterville $170,155
City of Poway $133,635
City of Rancho Cordova $218,128
City of Rancho Cucamonga $457,434
City of Rancho Mirage $75,000
City of Rancho Palos Verdes $114,339
City of Rancho Santa Margarita $129,967
City of Redding $247,509
City of Redlands $194,451
City of Redondo Beach $185,221
City of Redwood City $219,107
City of Reedley $75,000
City of Rialto $274,747
City of Richmond $302,018
City of Ridgecrest $80,305
City of Rio Dell $75,000
City of Rio Vista $75,000
City of Ripon $75,000
City of Riverbank $75,000
City of Riverside $820,247
City of Rocklin $192,398
City of Rolling Hills $75,000
City of Rolling Hills Estates $75,000
City of Roseville $404,054
City of Sacramento $1,349,680
City of San Bruno $116,990
City of San Buenaventura $286,025
City of San Carlos $84,476
City of San Diego $3,551,023
City of San Dimas $96,342
City of San Fernando $75,000
City of San Gabriel $107,700
City of San Jacinto $148,186
City of San Jose $2,491,720
City of San Juan Capistrano $98,957
City of San Leandro $234,647
City of San Marcos $252,856
City of San Mateo $275,609
City of San Pablo $89,149
City of San Ramon $222,667
City of Sanger $76,049
City of Santa Ana $783,881
City of Santa Barbara $229,264
City of Santa Clara $351,102

Applicant Award Amount
City of Santa Cruz $171,801
City of Santa Fe Springs $75,000
City of Santa Maria $291,555
City of Santa Monica $245,580
City of Santa Paula $89,465
City of Santee $161,453
City of Scotts Valley $75,000
City of Seal Beach $75,000
City of Selma $75,000
City of Shafter $75,000
City of Solana Beach $75,000
City of South Gate $247,931
City of South Lake Tahoe $75,000
City of South San Francisco $174,647
City of Stanton $109,300
City of Stockton $835,924
City of Suisun City $81,822
City of Sunnyvale $412,829
City of Taft $75,000
City of Tehachapi $75,000
City of Temecula $290,059
City of Thousand Oaks $326,482
City of Torrance $378,497
City of Tracy $255,665
City of Trinidad $75,000
City of Tulare $188,509
City of Turlock $191,561
City of Tustin $214,092
City of Twentynine Palms $75,241
City of Union City $180,941
City of Upland $211,031
City of Vacaville $269,105
City of Vallejo $323,093
City of Vernon $75,000
City of Victorville $363,315
City of Villa Park $75,000
City of Visalia $378,430
City of Vista $266,591
City of Wasco $77,035
City of Watsonville $137,242
City of West Sacramento $148,404
City of Westlake Village $75,000
City of Westminster $242,417
City of Whittier $234,113
City of Wildomar $102,186

Applicant Award Amount
City of Willits $75,000
City of Winters $75,000
City of Woodlake $75,000
City of Woodland $163,146
City of Yorba Linda $181,754
City of Yucaipa $147,896
Contra Costa County $459,414
Costa Mesa Sanitary District $315,341
Del Norte Solid Waste Management Authority
• City of Crescent City
• Del Norte County
$150,000
El Dorado County $416,857
El Dorado Hills Community Services District $126,168
Fresno County $419,377
Garden Grove Sanitary District $455,122
Heber Public Utility District $75,000
Helendale Community Service District $75,000
Home Garden Community Services District $75,000
Humboldt County $191,655
Imperial County $95,705
Kensington Police Protection and Community Services
District
$75,000
Kern County $793,965
Kings County $87,593
Lake County $125,832
Los Angeles County $2,592,030
Madera County $199,091
Marin City Community Services District $75,000
Marin County Hazardous and Solid Waste Management Joint Powers Authority
• City of Belvedere
• City of Larkspur
• City of Mill Valley
• City of Novato
• City of San Rafael
• City of Sausalito
• Marin County
• Town of Corte Madera
• Town of Fairfax
• Town of Ross
• Town of San Anselmo
• Town of Tiburon
$1,157,867