Agenda packet — Upland City Council, October 14, 2024 (part 1 of 2)

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EETING OF THE CITY COUNCIL
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Rill Velto, Mayor
James Breitling, Mayor Pro Tern- District 2 Michael Blay, City Manager Carlos A. Garcia,Councilmember-District 3 Stephen P. Deitsch,City Attorney Shannan Maust, Councilmember -District I Keri Johnson, City Clerk Rudy Zuniga,Councilmember-District 4
Monday, October 14, 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.

City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.

City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.

Pages

1. CALL TO ORDER AND ROLL CALL

2. ADDITIONS-DELETIONS TO AGENDA

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

CLOSED SESSION BEGINS AT 4:30 p.m.

4. CLOSED SESSION
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 1.03-acre parcel located on Third Avenue, approximately 75 feet south of the Pacific Electric Trail and adjacent along the north side of the Coy D. Estes Senior Apartments, in the City of Upland (Assessor Parcel Number: 1046-411- 54)
City Negotiators: City Manager Michael Blay, Development Services Director

Robert Da!quest, Housing Manager Diane Cotto and Housing Coordinator Lizzet Avalos
Negotiating Party: Steven Dukett, Upland Community Housing, Inc.

Under Negotiation: Price and Terms of payment
b. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957
Title: City Manager
c. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6
City Designated Representatives: Mayor Bill Velto and City Attorney Stephen Deitsch
Unrepresented Employee: City Manager

5. INVOCATION
Jim Thomas, The Church of Jesus Christ of Latter-day Saints

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Presentation of Certificates of Completion to the Upland Community Emergency Response Team (CERT)
Inland Empire Utilities Agency Update

8. CITY ATTORNEY

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

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

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

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250

made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

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

Recommended Action:

Approve the Consent Calendar
a. APPROVAL OF MINUTES 7
Recommended Action:

Approve the Special Meeting Minutes of September 23, 2024 and the Regular Meeting Minutes of September 23, 2024. (Staff Person: Keri Johnson) b. CONSIDER ADOPTING A RESOLUTION UPDATING THE CITY'S CONFLICT 15

OF INTEREST CODE
CEQA: Not a Project.

Recommended Action:

Adopt a Resolution rescinding Resolution No. 6690 in its entirety and adopting a conflict of interest code applicable to designated positions, including members and staff of the City, Upland Public Financing Authority, Successor Agency to the Upland Housing Authority, City of Upland Parking Authority, and the City of Upland Financing Authority. (Staff Person: Keri Johnson) c. TREASURER'S REPORT AUGUST 2024 35 CEQA: Not a Project.

Recommended Action:

Receive and file the August 2024 Treasurer's Report. (Staff Person: Stephen Parker)
d. CONSIDER ADOPTING A RESOLUTION SUPPORTING PROPOSITION 36, 52

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT CEQA: Not a Project.

Recommended Action:

Adopt a Resolution in support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act. (Staff Person: Marcelo Blanco) e. CONSIDER ACCEPTANCE OF THE SELECTIVE TRAFFIC ENFORCEMENT 60 PROGRAM GRANT PT25117
CEQA: Not a Project
Recommended Action:

Accept the Office of Traffic Safety (OTS) STEP grant funds (Grant No. PT25117) and authorize the appropriation of$170,000. (Staff Person: Marcelo Blanco) f. CONSIDER ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY 81 MOTORCYCLE SAFETY EDUCATION GRANT MC25008
CEQA: Not a Project
Recommended Action:

Accept the Office of Traffic Safety (OTS) Ride to Live Motorcycle Education grant funds (Grant No. MC25008) and authorize the appropriation of the $20,000 in the Office of Traffic Safety fund. (Staff Person: Marcelo Blanco) g. AMERICAN RESCUE PLAN ACT ECONOMIC DEVELOPMENT BUDGET 98

AMENDMENT FROM BUSINESS ATTRACTION AND ASSISTANCE PROGRAM

TO COMMERCIAL REHABILITATION PROGRAM
CEQA: Not a Project.

Recommended Action:

Approve an economic development budget amendment to transfer $166,600 of American Rescue Plan Act ("ARPA") funds from the Business Attraction and Assistance Program ("BAAP") to the Commercial Rehabilitation Program ("CRP") and authorize the City Manager to execute any necessary documents to complete this transaction. (Staff Person: Robert Dalquest)
h. CONSIDER APPROVAL OF AGREEMENTS FOR LANDSCAPE MAINTENANCE 100

SERVICES FOR WATER FACILITIES
CEQA: Not a Project
Recommended Action:

Approve two maintenance services agreements with CLS Landscape Management for landscaping maintenance of City of Upland water facilities; and authorize the City Manager to execute the agreements. (Staff Person: Chris Alanis)
i. CONSIDER AN AWARD OF BID FOR ARPA ALLEY REHABILITATION PHASE 187 I I
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The City filed the Notice of Exemption with the County of San Bernardino on September 3, 2024.

Recommended Action:

Approve the Plans and Specifications for the ARPA Alley Rehabilitation Phase II Project; award the construction contract to Onyx Paving Company in the amount of$936,000; and authorize a construction contingency in the amount of$140,000, for a total amount of$1,076,000. (Staff Person: Chris Alanis) j. CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE 190

AGREEMENT FOR ON-CALL ASPHALT PAVEMENT REPAIR SERVICES WITH

HARDY AND HARPER
CEQA: Not a Project.

Recommended Action:

Approve the Second Amendment to the professional services agreement with Hardy & Harper and authorize the City Manager to execute the Amendment. (Staff Person: Chris Alanis)

11. PUBLIC HEARINGS
a. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING THE 221

PROPOSED WATER AND SEWER RATE CPI INCREASE
CEQA: Not a Project.

Recommended Action:

The City Council will conduct a public hearing to consider approval of a proposed CPI rate increase for water and recycled water service rates and the schedule of sewer fees. (Staff Person: Chris Alanis)

1. Staff Presentation

2. Hold Public Hearing

3. Close Public Hearing

4. Approve a Resolution adopting revisions adjusting the schedule of water and recycled water service rates, effective November 1, 2024.

5. Approve a Resolution adopting revisions to the schedule of sewer fees, effective November 1, 2024.

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. b. PUBLIC WORKS COMMITTEE MEETING, OCTOBER 8, 2024 230 The Committee Chairperson will report on the meeting. This is an information item only.

13. BUSINESS ITEMS
a. CONSIDER ADOPTING AN ORDINANCE AMENDING CHAPTER 12.46 OF THE 233

UPLAND MUNICIPAL CODE FOR CAMPING AND STORAGE OF PERSONAL

PROPERTY
CEQA: Not a Project.

Recommended Action:

Hold the first reading by title only, waive further reading, and introduce an ordinance amending Upland Municipal Code Section 12.46.110 G. and removing Upland Municipal Code Section 12.46.110 H. pertaining to unlawful camping and storage of personal property. (Staff Person: Marcelo Blanco)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, October 28, 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 October 9, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

MINUTES OF THE SPECIAL MEETING OF THE UPLAND CITY COUNCIL September 23, 2024
4:00 p.m.

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

1. CALL TO ORDER AND ROLL CALL
The special meeting of the Upland City Council was called to order by Mayor Bill Velto at 4:00 p.m. in the Council Chamber of the Upland City Hall.

Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Excuse the absence of Councilmember Zuniga
Motion: Carried Unanimously with Councilmember Zuniga absent

2. ORAL COMMUNICATIONS
Brian Taylor, Upland, spoke in support of the proposed parking structure in the downtown and requested that the entire top level be equipped for charging electric vehicles.

3. AGENDA ITEMS
a. FINAL WORKSHOP— DOWNTOWN UPLAND PARKING STRUCTURE
Development Services Director Dalquest provided information on the workshops held during the design phase of the project and introduced consultants Michael Pendergrass and Meghana Prabhune with Watry Design, Inc. who presented the proposed structure design, architectural design concepts, and landscape design concepts for the downtown parking structure.

There was discussion regarding the height difference between a four story or five story structure and the design of the area behind the businesses on Second Avenue.

There were suggestions to mirror the southwest corner façade of the building to match the northwest corner façade, consider adding bike racks to the alley area, 1

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utilize shielded lighting, consistent bench design with other areas of the downtown, and partnering with a private entity for the EV charging stations.

The City Council directed staff to move forward the design for a five story structure with a commercial ground floor and packing house design.

4. ADJOURNMENT
Mayor Velto adjourned the workshop at 4:51 p.m. The next regularly scheduled City Council meeting is Monday, October 14, 2024.

Keri Johnson, City Clerk
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MINUTES OF THE REGULAR JOINT MEETING OF THE UPLAND CITY

COUNCIL THE SUCCESSOR AGENCY TO THE UPLAND COMMUNITY

REDEVELOPMENT AGENCY, THE UPLAND PUBLIC FINANCING

AUTHORITY, AND THE CITY OF UPLAND FINANCING AUTHORITY
September 23, 2024
6:00 p.m.

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

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:01 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION — 5:00 p.m.

4. CLOSED SESSION
At 5:02 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957
Title: City Manager
b. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
City Designated Representatives: Mayor Bill Velto and City Attorney Stephen Deitsch
Unrepresented Employee: City Manager
The Council reconvened in open session at 6:01 p.m.
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5. INVOCATION
Hoosh Amani, Baha'i Faith of Upland

6. PLEDGE OF ALLEGIANCE
Led by Diane Smyers

7. PRESENTATIONS
Presentation of the Proclamation recognizing the 125th anniversary of First United Methodist Church.

Recognition of Upland Foothill Little League for an outstanding spring 2024 season including the Alan Fitzgerald Sportsmanship Award and All-Star Tournament Banners for each division.

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

9. ORAL COMMUNICATIONS
Kati Parker, President of Upland Heritage, announced upcoming Upland Heritage restoration workshops and grant opportunities. She further spoke in support of Measure N.

Brian Taylor, Upland, spoke regarding the generator replacement project and questioned if the old generator could be repurposed at a water treatment plant.

Sarah Lee, Upland, spoke in support of Measure N.

Mike Nunez, Upland, stated that he is trying to ensure that residents are not taxed more than necessary and questioned the timing of the placement of Measure N on the ballot.

Gary Hester, Upland, spoke in support of Measure N.

Diane Smyers, Upland, spoke in support of Measure N.

Greg Bradley, Upland, spoke regarding his experience as the City Treasurer and stated there is misinformation on social media and other sources.

Nathan Stewart, Upland, thanked Council and staff for their service to the community; and suggested a more robust outreach program for the City.

Christine Dallas, Upland, spoke regarding fights and bullying at Pioneer Junior High.

10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 101 for separate action.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously
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a. APPROVAL OF MINUTES
Approve the Special Workshop Minutes of September 9, 2024 and the Regular Meeting Minutes of September 9, 2024.
b. CONSIDER APPROVAL OF AUGUST WARRANT AND PAYROLL REGISTERS Approve the August warrant registers (check numbers 49308 — 49747 and direct disbursements totaling $14,725,905.36) and payroll registers totaling $1,914,877.72 (check numbers 163963 — 163979 and electronic fund transfers 49446 — 50013).
c. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF INC.

Approve a professional services agreement with Robert Half International, Inc. for $150,000 to provide the City with staff augmentation services; and authorize the City Manager to execute the agreement.
d. CONSIDER ADOPTING RESOLUTIONS AUTHORIZING THE INVESTMENT OF

MONIES IN THE LOCAL AGENCY INVESTMENT FUND
The City Council, for itself and acting as the legislative body adopt City Council Resolution No. 6799, Successor Agency to the Upland Community Redevelopment Agency Resolution No. 2024-1, Upland Public Financing Authority Resolution No. 2024-1, and City of Upland Financing Authority Resolution No. 2024-1 authorizing the investment of monies in the Local Agency Investment Fund and establishing positions authorized to invest monies in the Local Agency Investment Fund.
e. CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY

FUND ALLOCATION FROM SUPERVISOR ARMENDAREZ FOR ECONOMIC

DEVELOPMENT AND INFLATION REDUCTION PROJECT
Accept $350,000 in funding from the County of San Bernardino through Supervisor Armendarez allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for an economic development and inflation reduction project; and authorize the City Manager to execute the agreement.
f. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH WATERWORKFORCE
Approve Amendment No. 1 to update the exhibits related to the WaterWorkforce contract that was approved on August 12, 2024 and authorize the City Manager to execute the amendment.
g. CONSIDER APPROVAL OF PURCHASE AGREEMENT FOR 12.5 % SODIUM

HYPOCHLORITE FOR WATER TREATMENT FACILITIES
Approve an agreement with Hasa Inc. for the purchase of 12.5% sodium hypochlorite for use in the City's water treatment facilities; and authorize the City Manager to execute the agreement.
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h. CONSIDER ADOPTING RESOLUTION AUTHORIZING THE SUBMISSION OF

HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATIONS TO

CALRECYCLE
Approve and authorize the submission of a grant application to the California Department of Resource Recycling and Recovery (CalRecycle) for the Small and Large Project discretionary fund Grants starting with HD43 Cycle and any future Cycles; and adopt Resolution No. 6800, as required by CalRecycle, authorizing the submittal of Household Hazardous Waste applications to the Department of resources Recycling and Recovery.

CONSIDER APPROVAL OF THE PURCHASE OF HYDRO EXCAVATOR

WATER TRUCK
Approve the purchase of a new 2024 Truvac Hydro-Excavator Water Truck with a 12 cubic yard debris tank from Haaker Equipment Company in the amount of $704,008.33; and authorize the City Manager to finalize the purchase of the vehicle.
j. CONSIDER APPROVAL OF THE PURCHASE OF PUBLIC WORKS

OPERATIONS AND WATER VEHICLES
Deem the bid received by MK Smith Chevrolet as non-responsive, approve the purchase of two (2) 2024 Public Works Operations Chevrolet Colorado trucks and two (2) Water Department Chevrolet Colorado trucks from Mountain View Chevrolet in the amount of $151,832.36; and authorize the City Manager to execute all necessary documents for the purchase of the vehicles. k. CONSIDER APPROVAL OF A MAINTENANCE SERVICES AGREEMENT FOR

ON-CALL STRIPING SERVICES
Approve a Maintenance Services Agreement with Safe USA, Inc for On-Call Striping Services Agreement; and authorize the City Manager to execute the agreement.

CONSIDER AWARD OF BID FOR PROJECT NO. 9137, 9138 & 82341,

STANDBY GENERATOR INSTALLATION AND REPLACEMENT PROJECT (BID NO. 2024-07)
Interim Public Works Director Alanis introduced Project Manager Nix who answered questions posed by the Council regarding the project and the potential reuse of the existing generator.

Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Approve the plans and specifications for Project No. 9137, 9138 & 82341, Standby Generator Installation and Replacement Project, deem the bid from High Volt Electric as non-responsive, award a construction contract to Proterra Builders, Inc. in the amount of $1,175,000, and approve a construction contingency in the amount of $117,500 for a total contract amount of $1,292,500; and authorize the City Manager to execute the agreement. Additionally, authorize a transfer of $50,000 from the Infrastructure Improvement Reserve to the General Capital Project Fund and appropriate the funds to be used towards the project.
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Motion: Carried Unanimously

11. PUBLIC HEARINGS
a. CONSIDER APPROVAL OF GENERAL PLAN AMENDMENT NO. GPA-24-0002 FOR THE RE-ADOPTION OF THE 2021-2029 HOUSING ELEMENT
Development Services Director Dalquest introduced Housing Element Consultants with Michael Baker International, Planning Manager Farris, and Senior Planner Winter. Senior Planner Winter presented the staff report along with a PowerPoint presentation.

Consultants Dan Wery and Shannon Liska provided an overview of the Housing Element, the Regional Housing Needs Allocation (RHNA), and the changes to the Housing Element since the last adoption.

Development Services Director Dalquest and Consultants answered questions posed by the Council regarding the RHNA, low income senior housing, parking in residential areas, and state mandated requirements.

Mayor Velto opened the public hearing.

Natasha Walton, People for Upland Parks, requested that the Housing Element include a large portion, at least one acre, of land in downtown Upland as public park land instead of high density housing and that no additional housing be built without increasing available park land in the City.

Mark Gutglueck, Rancho Cucamonga, questioned the 2015 General Plan update process and whether the decisions made during that time are binding. He further questioned why the City did not fight the state regarding the housing mandates.

Hearing no further testimony, Mayor Velto closed the public hearing.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Find that GPA 24-0002 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Section 15162(a) and Section 15283 of the CEQA Guidelines.

Motion: Carried Unanimously
Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Adopt Resolution No. 6801 approving General Plan Amendment No. GPA-24- 0002, approving the 2021-2029 Housing Element Update
Motion: Carried Unanimously

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

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

13. BUSINESS ITEMS
a. CONSIDERATION OF A RESOLUTION ESTABLISHING A MEASURE N

CITIZENS' OVERSIGHT COMMITTEE
City Clerk Johnson presented the staff report.

There was discussion regarding the composition of the committee, the eligibility for membership, and the frequency of meetings.

Council requested the draft Resolution be amended to designate the City Treasurer as an advisor to the Committee and the meeting schedule changed to quarterly.

Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Adopt Resolution No. 6802 establishing a Measure N Citizens' Oversight Committee and adopting operational guidelines for said committee as amended by the Council.

Motion: Carried Unanimously

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

15. CITY MANAGER
City Manager Blay announced upcoming community information meetings for Measure N.

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:09 p.m. The next regularly scheduled City Council meeting is Monday, October 14, 2024.

Keri Johnson, City Clerk
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, trpl" CITY FUPLAND
y6 "The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER ADOPTING A RESOLUTION UPDATING THE CITY'S CONFLICT OF

INTEREST CODE
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution rescinding Resolution No.6690 in its entirety and adopting a conflict of interest code applicable to designated positions, including members and staff of the City,the Successor Agency to the Upland Community Redevelopment Agency, Upland Public Financing Authority, Successor Agency to the Upland Housing Authority,City of Upland Parking Authority,and the City of Upland Financing Authority.

GOAL STATEMENT
The proposed action supports the City's goal to comply with State regulations.

BACKGROUND
The Political Reform Act requires every local government agency to adopt a conflict of interest code designating positions required to file Statements of Economic Interests(Form 700),and assigning disclosure categories specifying the types of interests to be reported.

The purpose of the Code is to identify those individuals who make or participate in governmental decisions,based on the positions they hold,where it is foreseeable that the decision will have a financial impact on their personal finances, or other financial interests. The City must conduct a biennial review of its Conflict of Interest Code to determine if it is accurate,or if the Code must be amended.

ISSUES AND ANALYSIS
The Conflict of Interest Code was last updated in 2022. Since that time there has been changes to several job classification titles as well as reorganization of divisions within City departments.

All positions are listed on Appendix 1 of the City,Agency,and Authority Resolution.Changes are indicated in redline The gift limit prohibits the receipt of gifts in excess of$590 from any single source in a calendar year.This amount is changed periodically by the State.

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.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND RESCINDING RESOLUTION NO. 6690 IN ITS

ENTIRETY AND ADOPTING A CONFLICT OF INTEREST

CODE APPLICABLE TO DESIGNATED POSITIONS,

INCLUDING MEMBERS AND STAFF OF THE CITY, THE

SUCCESSOR AGENCY TO THE UPLAND COMMUNITY

REDEVELOPMENT AGENCY, UPLAND PUBLIC FINANCING

AUTHORITY, SUCCESSOR AGENCY TO THE UPLAND

HOUSING AUTHORITY, CITY OF UPLAND PARKING

AUTHORITY AND THE CITY OF UPLAND FINANCING

AUTHORITY
WHEREAS, The California Fair Political Practices Commission has adopted Section 18730 of Title 2 of the California Code of Regulations which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and
WHEREAS, a Conflict of Interest Code for City officials, employees and commissioners was adopted on September 26, 2022, by Resolution No. 6690; and WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict of Interest Code in all even-numbered years.

WHEREAS, since the last revision of the City of Upland Conflict of Interest Code on September 26, 2022, it has been determined that there are proposed revisions to the Code; and
WHEREAS, City staff has also revised the disclosure requirements for consultants in the Conflict of Interest Code to reflect the definition of "consultant" in FPPC Regulation Section 18700.3(a).

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

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

Section 2. Resolution No. 6690 is hereby rescinded.

Section 3. In compliance with Government Code Section 87300, the City Council hereby adopts the FPPC's Model Conflict of Interest Code authorized by 2 CCR § 18730 and the attached Exhibit "A" Conflict of Interest Code, Appendix 1, Designated Employees, and Appendix 2, Disclosure Categories.

Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality

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Resolution No.

Page 2 ends

Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

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

Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Resolution shall become effective upon adoption.

PASSED, APPROVED AND ADOPTED this 14th day of October, 2024.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 14th day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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EXHIBIT "A"

CONFLICT OF INTEREST CODE OF THE CITY OF UPLAND
The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices "1" and "2" in which officers and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Upland.

Pursuant to Section 4 of the standard code, designated officers and employees shall file Statements of Economic Interest with the City Clerk of the City of Upland.

These Statements shall be retained by the City Clerk. Statements of Economic Interest of members of the City Council, City Manager, City Attorney, members of the City Planning Commission, and Treasurer, shall be filed with the City Clerk who shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.

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APPENDIX 1

DESIGNATED EMPLOYEES
CODE FILERS DISCLOSURE CATEGORIES
Mayor and Council Member 1
City Attorney 1
City Manager 1
City Treasurer 1
Planning Commission Member 1
DESIGNATED POSITIONS DISCLOSURE CATEGORIES

ADMINISTRATIVE SERVICES DEPARTMENT
Human Resources/Risk Management Division
Deputy Director of Human Resources/Risk ManagcrManagement 2 Finance Division
Finance OfficcrManager 2
Accounting Supervisor 2
Utility Billing and Customer Service Supervisor 2
Utility Billing and Business License Inspector 2
IT Division
Information Technology Manager 2
Recreation and Community Services Division
Recreation and Community Services Manaaer 2
Recreation and Community Services Supervisor 2
Recreation Coordinator 2
Animal Services
Animal Services Supervisor 2

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Resolution No.

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CITY MANAGER'S DEPARTMENT
Assistant and Deputy City Attorney 1
Assistant City Manager 1
Recreation Division
Recreation Manager 2
Recreation Supervisor 2
Recreation Coordinator 2

DEVELOPMENT SERVICES DEPARTMENT
Development Services Director 1
Planning Division
Planning Manager 2
Senior Planner 2
Associate Planner 2
Assistant Planner 2
Development Services Technician I/II 3
Development Services Technician 3
Building Division
Building Official 2
Plans Examiner 2
Senior Building Inspector 2
Building Inspector I/II 2
Building Inspector I 2
Senior Development Services Technician 3
Development Services Technician I/II 3

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Resolution No.

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Housing Division
Housing Manager 2
Housing Coordinator 2
Development Services Specialist 3
Development Services Technician I/II 3
Economic Development Division
Economic Development Coordinator 2
Engineering Division/Land Development &Transportation
Principal Engineer 2
Assistant Engineer 2
Associate Engineer 2
Engineering Technician 3

POLICE DEPARTMENT
Chief of Police 1
Police Captain 2
City Prosecutor 1
Animal Services Division
Animal Services Supervisor 2

PUBLIC WORKS DEPARTMENT
Administration Division
Public Works Director/City Engineer 1
Operations Division
Operations Manager 2
Maintenance Operations Supervisor 2

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Resolution No.

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Engineering Division/Capital Improvements
Engineering Manager 2
Senior Engineer 2
Associate Engineer 2
Assistant Engineer 2
Senior Public Works Inspector II 2
Engineering Division/I and Development Q. Transportation Principal Engineer 2
Assistant Engineer 2
Associate Engineer 2
Engineering Technician 3
Water Division
Utilities Manager 2
Utility Systcm Supervisor 2
Senior Public Works Inspector 2
Scwcr DivisionEnvironmental Division
Environmental Quality AdministratorCompliance Program Manager 2 Assistant Engineer 2
Associate Engineer 2

CONSULTANTS
Consultant *See Next Page

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Resolution No.

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*Consultants: Disclosure Requirements'
Designated Consultants Disclosure Requirements
Consultants who make (not just Disclosure Category 5. recommend) governmental
decisions, such as whether to approve
a rate, rule, or regulation, whether to
issue, deny, suspend, or revoke any
permit, license, application, certificate
or similar authorization, adopt or grant
City approval to a plan, design, report,
study, or adopt or grant City approval
of policies, standards, or guidelines for
the City or any subdivision thereof.

Consultants who serve in a staff Disclosure required at the same level as capacity with the City, and in that a comparable designated position in the capacity participate in making a same or similar City Department governmental decision by providing identified elsewhere in this Code. information, an opinion, or a
recommendation for the purpose of
affecting the decision without significant
intervening substantive review.

Consultants who perform the same Disclosure required at the same level as or substantially all the same duties the comparable designated position for the City that would otherwise be identified elsewhere in this Code performed by an individual holding a
designated position in the City's Conflict
of Interest Code.
1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of"Designated Consultants" must file disclosure statements.

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APPENDIX 2

DISCLOSURE CATEGORIES

1. Full Disclosure - All interests in real property as well as investments, business positions and sources of income, including gifts, loans, and travel payments.

2. Full Disclosure - (excluding interests in real property) - Investments and business positions and sources of income, including gifts, loans, and travel payments.

3. Interest in Real Property - Interests in real property located in the city, including property located within two mile radius of any property owned or used by the City.

4. General Contracting - Investments, business positions and of income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City.

5. Consultants in Disclosure Category 5 -- All reportable interests contained in Disclosure Category 1 unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in the section.

If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND RESCINDING RESOLUTION NO. 6690 IN ITS

ENTIRETY AND ADOPTING A CONFLICT OF INTEREST

CODE APPLICABLE TO DESIGNATED POSITIONS,

INCLUDING MEMBERS AND STAFF OF THE CITY, THE

SUCCESSOR AGENCY TO THE UPLAND COMMUNITY

REDEVELOPMENT AGENCY, UPLAND PUBLIC FINANCING

AUTHORITY, SUCCESSOR AGENCY TO THE UPLAND

HOUSING AUTHORITY, CITY OF UPLAND PARKING

AUTHORITY AND THE CITY OF UPLAND FINANCING

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

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

Section 2. Resolution No. 6690 is hereby rescinded.

Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality

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Resolution No.

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

Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 7. Effective Date. This Resolution shall become effective upon adoption.

PASSED, APPROVED AND ADOPTED this 14th day of October, 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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EXHIBIT "A"

Pursuant to Section 4 of the standard code, designated officers and employees shall file Statements of Economic Interest with the City Clerk of the City of Upland.

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APPENDIX 1

ADMINISTRATIVE SERVICES DEPARTMENT
Human Resources/Risk Management Division
Deputy Director of Human Resources/Risk Management 2 Finance Division
Finance Manager 2
Accounting Supervisor 2
Utility Billing and Customer Service Supervisor 2
Business License Inspector 2
IT Division
Information Technology Manager 2
Recreation and Community Services Division
Recreation and Community Services_Manager 2
Recreation and Community Services Supervisor 2
Recreation Coordinator 2

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Resolution No.

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CITY MANAGER'S DEPARTMENT
Assistant and Deputy City Attorney 1
Assistant City Manager 1

DEVELOPMENT SERVICES DEPARTMENT
Development Services Director 1
Planning Division
Planning Manager 2
Senior Planner 2
Associate Planner 2
Assistant Planner 2
Development Services Technician I/II 3
Building Division
Building Official 2
Plans Examiner 2
Senior Building Inspector 2
Building Inspector I/II 2
Senior Development Services Technician 3
Development Services Technician I/II 3
Housing Division
Housing Manager 2
Housing Coordinator 2
Development Services Specialist 3
Development Services Technician I/II 3

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Resolution No.

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Economic Development Division
Economic Development Coordinator 2
Engineering Division/Land Development & Transportation
Principal Engineer 2
Assistant Engineer 2
Associate Engineer 2
Engineering Technician 3

POLICE DEPARTMENT
Chief of Police 1
Police Captain 2
City Prosecutor 1
Animal Services Division
Animal Services Supervisor 2

PUBLIC WORKS DEPARTMENT
Administration Division
Public Works Director/City Engineer 1
Operations Division
Operations Manager 2
Operations Supervisor 2
Engineering Division/Capital Improvements
Engineering Manager 2
Senior Engineer 2
Associate Engineer 2
Assistant Engineer 2
Public Works Inspector II 2

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Resolution No.

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Water Division
Utilities Manager 2
Utility Supervisor 2
Senior Public Works Inspector 2
Environmental Division
Environmental Compliance Program Manager 2
Assistant Engineer 2
Associate Engineer 2

CONSULTANTS
Consultant *See Next Page

BOARDS AND COMMISSIONS
Airport Land Use Commission Member 1
Building Appeals Board Committee Member 1
Personnel Board of Review Committee 1
Member
Citizen's Oversight Committee Member 2
OTHER
Any newly formed position w/decision making authority 1 *Consultants: Disclosure Requirements'
1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of"Designated Consultants" must file disclosure statements.

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Resolution No.

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Designated Consultants Disclosure Requirements
Consultants who make (not just Disclosure Category 5. recommend) governmental
decisions, such as whether to approve
a rate, rule, or regulation, whether to
issue, deny, suspend, or revoke any
permit, license, application, certificate
or similar authorization, adopt or grant
City approval to a plan, design, report,
study, or adopt or grant City approval
of policies, standards, or guidelines for
the City or any subdivision thereof.

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APPENDIX 2

DISCLOSURE CATEGORIES

1. Full Disclosure - All interests in real property as well as investments, business positions and sources of income, including gifts, loans, and travel payments.

2. Full Disclosure - (excluding interests in real property) - Investments and business positions and sources of income, including gifts, loans, and travel payments.

3. Interest in Real Property - Interests in real property located in the city, including property located within two mile radius of any property owned or used by the City.

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trpl" CITY FUPLAND
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

STACI SULLIVAN,FINANCE MANAGER

DARREN CHAN,ACCOUNTING TECHNICIAN
SUBJECT: TREASURER'S REPORT AUGUST 2024

RECOMMENDED ACTION
It is recommended that the City Council receive and file the August 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 amount invested on all securities, current market value as of the date of the report,investments and monies held by the local agency and shall additionally include a description of any of the local agency's funds,investments,or programs,that are under the management of contracted parties,including lending programs. The report shall include a statement of compliance with the investment policy and shall include a statement noting the City's ability to meet its expenditure requirements for the next six months.

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

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority For Period Ended
August 31,2024
Investment Portfolio Cost Par Value Market Value %of Portfolio State Local Agency Investment Fund 1,259,882 1,259,882 1,273,693 1.0% California Asset Management Plan 23,583,738 23,583,738 23,583,738 19.1% Negotiable Certificates of Deposit 23,664,734 23,654,000 23,589,222 19.1% Money Market Fund 365,257 365,257 365,257 0.3% Municipal Bonds 3,544,856 3,555,000 3,573,166 2.9% Government Agency Securities 68,076,661 68,625,000 66,664,536 53.9% US Treasury 4,593,925 4,750,000 4,621,215 3.7% Total Investments $ 125,089,053 $ 125,792,877 $ 123,670,828 100.0% Weighted Average Days to Maturity 593.57
Blended Yield: 2.98%
Cash Cost Market Value
Bank Accounts and Change Funds 3,277,829 3,277,829 Total Cash $ 3,277,829 $ 3,277,829
Total Cash and Investments $ 128,366,882 $ 126,948,657 PARS Investment Portfolio Cost Market Value
115 Trust-OPEB Investment 1,800,968 2,360,733
115 Trust-Pension Investment 7,457,904 8,330,830 Total Restricted Funds Held in Trust $ 9,258,872 $ 10,691,564 Benchmarks:

LAIF 4.58% _
CAMP 5.42% _
2yr U.S.Treasury 3.91% _
5yr U.S.Treasury 3.71%
Restricted Funds with Fiscal Agent Book Value Market Value Water Revenue Bonds 2022 15,501,821 15,501,821 Water System Lease Revenue Refunding Bonds 2021 - - Successor Agency TARBS 2013/2016-Merged Project 2,618,344 2,618,344 Colonies CFD Area#1 2022 1,497,100 1,497,100
Colonies CFD Area#2 2015 2,429,242 2,429,242
Upland 54 CFD 2004 226,002 226,002
Sycamore Hills CFD 2015-1 1,115,102 1,115,102
Harvest at Upland CFD 2016-1 Area#1 914,107 914,107 Harvest at Upland CFD 2016-1 Area#2 2,568,647 2,568,647 Enclave at Upland CFD 2022-1 4,160,128 4,160,128 Sycamore Hills CFD 2015-1-2 STB 2022A 1,135,802 1,135,802 Total Restricted Funds $ 32,166,295 $ 32,166,295

1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council in June 10,2024.

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

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

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

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

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

LDocuSigned by:
5'tyyn/,e.,. P 9/18/2024 I 6:29 AM PDT
fill 1-884-Fr.2..,rB 88
Assistant City Manager(Finance Director) Date
S:g d by:
co<os... 9/23/2024 I 1:26 PM PDT
0 00000ra
City Treasurer Date PiPlatj6186)4DP2cnn

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Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For Period Ended
August 31, 2024
Account
Fund or Account Balance
City 98-36-942 1,259,882
Market
Value
Totals $ 1,259,882 $ 1,273,693
Yield for Period Ended 8/31/2024 4.58%
Prepare b D err

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Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority California Asset Management Plan
For Period Ended
August 31, 2024
Account
Fund or Account Balance
City of Upland 6113-001 23,583,738
Market
Value
Totals $ 23,583,738 $ 23,583,738
Yield for Period Ended 8/31/2024 5.42%
Prepare b Dr �

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Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2024
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Negotiable Certificates of Deposit
A+FCU CD 00224TAN6 250,000 250,000 251,735 4.67% 02/17/2026 Alabama CU CD 01025RAF6 250,000 250,000 252,455 5.00% 12/22/2025 Ally Bank Utah CD 02007GH22 250,000 250,000 250,060 4.65% 12/22/2025 American Equity Bank CD 02568KAJ4 250,000 250,000 235,693 0.74% 05/27/2026 American Exp CD 02589AEZ1 250,000 250,000 256,843 4.47% 09/13/2028 Arsenal CU CD 04288LAA6 248,000 248,000 248,012 5.10% 01/25/2025 BMW Bank North America CD 05580AXF6 250,000 250,000 239,978 0.52% 09/25/2025 Bank Hapoalim CD 06251A6Z8 244,000 244,000 252,142 4.35% 05/21/2029 The Bank of the Valley CD 06543PCN3 250,000 250,000 249,053 0.35% 09/30/2024 BankUnited NA CD 066519RW1 249,000 249,000 234,827 1.43% 12/08/2026 Baxter CU CD 07181JAY0 250,000 250,000 253,083 4.44% 01/25/2027 Burke Herbert Finanical Services CD 121331AT9 249,000 249,000 249,129 4.75% 02/13/2026 California CD 130162BB5 250,000 250,000 253,680 5.57% 10/27/2025 Capital One NA CD 14042RQN4 250,000 250,000 235,270 1.33% 12/08/2026 Chartway FCU CD 16141BAD3 248,000 248,000 250,383 5.00% 12/16/2025 City FCU Tax CD 17783PAJ0 249,000 249,000 250,183 3.93% 01/12/2029 City National Bank CD 178180GU3 250,000 250,000 250,323 4.34% 01/12/2026 Clearpath FCU CD 18507MAB7 250,000 250,000 250,145 5.10% 04/27/2026 Communitywide FCU CD 20416TAX0 250,000 250,000 251,433 4.67% 01/06/2026 Connex CU CD 208212BD1 250,000 250,000 254,545 5.30% 03/18/2026 Connexus CU CD 20825WBR0 250,000 250,000 251,145 5.13% 06/23/2025 Continental Bank CD 211163MG2 250,000 250,000 233,798 0.64% 08/24/2026 Customers Bank CD 23204HPB8 250,000 250,000 255,488 4.40% 06/14/2028 Discover Bank CD 254676AR0 250,000 250,000 257,443 4.51% 09/18/2028 Dort FCU CD 25844MBC1 250,000 250,000 253,755 4.73% 06/22/2026 Empower FCU CD 291916AE4 250,000 250,000 257,488 5.29% 10/23/2026 Enerbank USA CD 29278TMR8 250,000 250,000 246,955 1.82% 01/29/2025 Essential CU CD 29669XAP3 250,000 250,000 255,110 4.60% 06/15/2027 Fahey Banking Co CD 303117DG7 250,000 250,000 250,118 3.90% 01/12/2028 Fifth Third Bank CD 316777YV7 236,000 236,000 236,104 5.50% 10/17/2024 First Carolina Bank CD 31944MBJ3 250,000 250,000 237,955 0.52% 12/23/2025 First Farmers Bank&Trust CD 320165JK0 246,682 235,000 234,885 1.75% 09/04/2024 First Foundation Bank CD 32026U5U6 244,000 244,000 252,147 4.45% 05/22/2029 FirstBank of Nebraska CD 32116PAR9 248,000 248,000 231,825 0.64% 08/27/2026 1st Security Bank of Washington CD 33625CDR7 250,000 250,000 243,253 0.31% 04/16/2025 1st Source Bank CD 33646CNW0 250,000 250,000 250,218 4.60% 01/19/2027 First Technology FCU CD 33715LEB2 249,000 249,000 247,202 3.67% 08/05/2027 Freedom Bk of Virginai CD 35633MCT7 250,000 250,000 250,060 4.80% 02/17/2026 General Electric CU CD 369674CJ3 250,000 250,000 250,285 5.00% 02/14/2025 Generations Bank C D 37149CAV9 250,000 250,000 244,678 3.17% 05/06/2027 Gesa CU CD 37424PAH7 250,000 250,000 255,563 5.13% 07/31/2026 Global FCU CD 37892MAM6 248,000 248,000 251,899 4.92% 06/16/2026 Great Midwest CD 39083PDQ2 249,000 249,000 256,288 4.13% 04/27/2029 Greenstate CU CD 39573LCC0 250,000 250,000 239,783 0.94% 11/24/2025 Ideal CU CD 45157PAY6 125,000 125,000 124,520 4.01% 08/29/2025 Industrial Commercial Bank China CD 45581ECJ8 250,000 250,000 243,993 0.46% 03/31/2025 InFirst FCU CD 45673RAA9 236,675 249,000 247,110 1.86% 11/27/2024 Insight CU CD 45791JAC0 250,000 250,000 250,053 5.10% 02/27/2025 Preptitil4yyagyn287n

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Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2024
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Iriquois Fed CD 46355PDQ8 249,000 249,000 254,732 4.59% 09/17/2027 Jeanne D Arc CD 472207AK5 249,000 249,000 253,908 4.31% 07/31/2028 JPMorgan Chase Bank CD 48128URC5 250,000 250,000 238,950 0.52% 11/10/2025 Kemba FCU CD 48836LBK7 248,000 248,000 248,932 5.38% 05/29/2029 Keypoint CU CD 49332PAC4 248,000 248,000 248,293 5.39% 12/27/2024 Liberty FED CD 53052LAU3 248,000 248,000 248,883 5.08% 06/09/2025 Live Oak Banking Company CD 538036NV2 250,000 250,000 240,233 0.57% 09/16/2025 Magnolia Bank Inc CD 559582AP6 250,000 250,000 247,268 0.35% 11/25/2024 Malaga Bank CD 56102ABK1 250,000 250,000 233,373 0.91% 11/19/2026 Manufacturers Traders Trust Co CD 564759RJ9 244,000 244,000 243,966 4.90% 12/09/2024 Medallion Bank CD 58404DGK1 250,000 250,000 245,240 1.32% 03/27/2025 Meritrust FCU MTN CD 59001PARO 225,000 225,000 222,480 3.23% 06/30/2025 Merrick Bank CD 59013KFH4 250,000 250,000 246,890 1.77% 01/31/2025 Milestone Bk CD 59934MAK4 244,000 244,000 246,425 4.36% 12/15/2026 Morgan Stanley CD 616900RE0 244,000 244,000 252,669 4.49% 05/22/2029 Morgan Stanley CD 61768E4B6 244,000 244,000 252,669 4.49% 05/22/2029 NBC Bancorp Inc CD 633398AA0 248,000 248,000 252,124 4.77% 09/14/2026 New York Community Bank CD 649447UY3 250,000 250,000 241,718 0.52% 07/01/2025 Optum Bank Draper CD 68405VAU3 244,000 244,000 249,424 4.60% 09/13/2027 Pacific Western Bank CD 69506YYX1 243,000 243,000 243,080 5.15% 11/12/2024 Partners Bank of California CD 70212YAZ5 250,000 250,000 244,713 1.02% 04/02/2025 Pentagon FCU CD 70962LAJ1 250,000 250,000 249,878 0.50% 09/03/2024 People's Bank CD 710275AH1 250,000 250,000 250,448 4.04% 01/12/2027 Popular Bank CD 73317ABL5 250,000 250,000 249,495 4.11% 01/08/2026 Poppy Bank CD 73319FAF6 235,893 229,000 224,564 1.12% 03/18/2025 Preferred CU CD 74043RAA2 250,000 250,000 257,863 4.85% 09/15/2027 Red Crown Fed CD 756558AB8 200,000 200,000 205,692 5.25% 10/13/2026 Rogue CU CD 77535MAG8 250,000 250,000 250,183 5.20% 12/23/2027 Solarity CU CD 83418NAG6 248,000 248,000 252,189 4.97% 06/23/2026 Southeast Bank CD 84133PFC7 250,000 250,000 241,918 0.46% 06/17/2025 Southern First CD 84287PJB9 244,000 244,000 253,955 4.66% 10/17/2028 Souther States Bank CD 843879EZ6 249,000 249,000 248,694 4.46% 04/14/2025 Spokane Teachers CD 849061AC0 248,000 248,000 248,875 5.63% 01/28/2025 State Bank of India CD 856285RS2 252,625 250,000 248,170 2.06% 11/27/2024 State Employees CD 85678LAA3 249,000 249,000 254,593 4.69% 05/24/2027 Tandem Bank CD 87537YAB0 250,000 250,000 242,300 0.57% 06/23/2025 Technology CU CD 87868YAH6 248,000 248,000 248,171 5.10% 07/21/2025 Texas Exchange Bank CD 88241TMG2 249,000 249,000 234,130 1.22% 11/13/2026 Third Federal Savings&Loan CD 88413QDE5 250,000 250,000 243,093 0.82% 05/23/2025 Toyota Financial Savings Bank CD 89235MLE9 249,860 248,000 233,946 1.01% 07/29/2026 True Sky Credit CD 89786MAH7 250,000 250,000 254,503 4.42% 11/30/2027 TTCU Federal CU CD 89854LAD5 250,000 250,000 260,338 4.80% 07/26/2028 Tucson FCU CD 898812AC6 250,000 250,000 260,683 4.79% 09/08/2028 USAlliance FCU CD 90352RCD5 100,000 100,000 96,050 1.40% 01/28/2026 USAlliance FCU CD 90352RDL6 149,000 149,000 154,866 4.52% 06/28/2029 Union Bank CD 90520VAX1 250,000 250,000 236,548 0.63% 03/19/2026 Utah First CD 91739JAJ4 249,000 249,000 256,839 4.41% 04/30/2029 Vibrant CU CD 92559TAL2 248,000 248,000 252,365 5.26% 03/20/2026 WebBank Salt CD 947547NT8 248,000 248,000 244,826 1.01% 12/30/2024 Preptiti4yOufn2817n

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Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2024
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Negotiable Certificates of Deposit Subtotal $ 23,664,734 $ 23,654,000 $ 23,589,222 Cash and Equivalents(Money Market Fund)
First American Govt OB Fund-Y 31846V203 365,257 365,257 365,257 4.89% Money Market Fund Subtotal $ 365,257 $ 365,257 $ 365,257 Municipal Bond Fund
Burbank Glendale, CA 120827EJ5 2,029,661 1,990,000 2,059,491 4.96% 07/01/2029 Klamath Trinity,CA-2021 B 498422JJ4 15,075 15,000 14,578 1.57% 08/01/2025 Riverside Cnty,CA 76913CBA6 950,120 1,000,000 973,320 2.94% 02/15/2026 San Bernardino,CA 796720PA2 300,000 300,000 289,995 0.86% 08/01/2025 San Bernardino,CA 796720PB0 250,000 250,000 235,783 1.16% 08/01/2026 Municipal Bond Fund Subtotal $ 3,544,856 $ 3,555,000 $ 3,573,166 Government Securities
Federal Home Ln Bks DEB 3130AKLH7 1,500,000 1,500,000 1,440,765 0.78% 12/30/2025 Federal Home Ln Bks DEB 3130AKQX7 2,000,000 2,000,000 1,904,460 0.73% 01/28/2026 Federal Home Ln Bks DEB 3130AKWK8 2,000,000 2,000,000 1,896,760 0.54% 02/12/2026 Federal Home Ln Bks DEB 3130AL6A7 1,000,000 1,000,000 950,800 0.84% 02/26/2026 Federal Home Ln Bks DEB 3130AL6L3 1,000,000 1,000,000 950,460 0.66% 02/26/2026 Federal Home Ln Bks DEB 3130ALN34 1,100,000 1,100,000 1,075,316 0.72% 03/24/2025 Federal Home Ln Bks DEB 3130ALPJ7 1,000,000 1,000,000 968,070 0.85% 06/30/2025 Federal Home Ln Bks DEB 3130ALZ80 1,300,000 1,300,000 1,260,987 0.77% 04/29/2026 Federal Home Ln Bks DEB 3130AMBD3 1,500,000 1,500,000 1,442,940 1.04% 05/12/2026 Federal Home Ln Bks DEB 3130AMET5 2,000,000 2,000,000 1,931,500 1.03% 05/27/2026 Federal Home Ln Bks DEB 3130AMZPO 1,500,000 1,500,000 1,469,880 0.66% 02/28/2025 Federal Home Ln Bks DEB 3130AN3R9 1,500,000 1,500,000 1,418,925 1.19% 07/20/2026 Federal Home Ln Bks DEB 3130APJ55 1,600,000 1,600,000 1,507,952 1.32% 10/26/2026 Federal Home Ln Bks DEB 3130APU37 1,500,000 1,500,000 1,412,265 1.38% 11/24/2026 Federal Home Ln Bks DEB 3130APV51 2,000,000 2,000,000 1,934,260 1.29% 11/24/2026 Federal Home Ln Bks DEB 3130AQ5D1 1,500,000 1,500,000 1,440,780 1.25% 12/22/2025 Federal Home Ln Bks DEB 3130AQD59 1,250,000 1,250,000 1,246,063 1.00% 09/30/2024 Federal Home Ln Bks DEB 3130ARCL3 1,000,000 1,000,000 962,990 2.59% 03/30/2027 Federal Home Ln Bks DEB 3130ARKL4 591,600 600,000 605,592 3.21% 04/21/2027 Federal Home Ln Bks DEB 3130AUS54 1,500,000 1,500,000 1,498,935 5.00% 02/17/2026 Federal Home Ln Bks DEB 3130AUS70 1,500,000 1,500,000 1,499,070 5.00% 08/15/2025 Federal Home Ln Bks DEB 3130AUS88 1,500,000 1,500,000 1,498,515 5.00% 02/16/2028 Federal Home Ln Bks DEB 3130AWBZ2 998,300 1,000,000 1,006,470 4.08% 06/11/2027 Federal Home Ln Bks DEB 3130AWTR1 1,991,760 2,000,000 2,042,500 4.26% 09/08/2028 Fed Home Ln Mort Corp#WN1356 3132XFQJO 1,481,250 1,500,000 1,505,100 4.26% 04/01/2029 Fed Home Ln Mort Corp#WN2560 3132XGZ25 994,688 1,000,000 1,007,660 4.79% 01/01/2029 Federal Farm Credit Bks DEB 3133EMBK7 1,500,000 1,500,000 1,463,250 0.46% 04/07/2025 Federal Farm Credit Bks DEB 3133EMER9 1,500,000 1,500,000 1,472,010 0.48% 01/27/2025 Pre Fatitigniplarynnren

Page 6 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
August 31,2024
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Federal Farm Credit Bks DEB 3133EMTQ5 1,100,000 1,100,000 1,076,944 0.71% 03/17/2025 Federal Farm Credit Bks DEB 3133ENAF7 1,235,150 1,250,000 1,172,938 1.06% 10/07/2026 Federal Farm Credit Bks DEB 3133ENHW3 1,250,000 1,250,000 1,215,725 1.20% 06/23/2025 Federal Farm Credit Bks DEB 3133EPN50 998,000 1,000,000 1,018,210 4.15% 12/15/2028 Federal Farm Credit Bks DEB 3133EPPR0 750,803 750,000 756,030 4.58% 04/10/2026 Federal Home Ln Corp MTN 3134GW4C7 1,379,420 1,400,000 1,308,426 0.85% 10/27/2026 Federal Home Ln Corp MTN 3134GWH82 1,500,000 1,500,000 1,442,220 0.65% 09/08/2025 Federal Home Ln Corp MTN 3134GWUX2 1,500,000 1,500,000 1,494,540 0.38% 09/30/2024 Federal Home Ln Corp MTN 3134GWWT9 1,500,000 1,500,000 1,444,170 0.57% 09/30/2025 Federal Home Ln Corp MTN 3134GWZG4 2,000,000 2,000,000 1,922,800 0.62% 10/20/2025 Federal Home Ln Corp MTN 3134GXAP9 1,500,000 1,500,000 1,439,055 0.62% 11/12/2025 Federal Home Ln Corp MTN 3134GXBM5 1,500,000 1,500,000 1,439,055 0.62% 11/12/2025 Federal Home Ln MTG 3134GYEK4 1,250,000 1,250,000 1,250,088 5.15% 01/27/2026 Fed Natl Mortgage Assoc 3136G4A45 1,500,000 1,500,000 1,448,970 0.73% 07/22/2025 Fed Natl Mortgage Assoc#AN1614 3138LDYL1 1,896,875 2,000,000 1,934,100 2.55% 06/01/2026 Fed Natl Mortgage Assoc#BS5506 3140HVB60 1,886,875 2,000,000 1,875,860 2.87% 08/01/2029 Fed Natl Mortgage Assoc#BS1416 3140LBSE4 594,825 660,000 594,548 1.20% 03/01/2028 Fed Natl Mortgage Assoc#BS5506 314OLGDL3 772,922 825,000 782,463 3.25% 06/01/2029 Fed Natl Mortgage Assoc#BS5552 3140LGE24 1,995,544 2,130,000 2,041,562 3.46% 05/01/2029 Fed Natl Mortgage Assoc#BS8656 3140LKTN3 659,588 660,000 666,758 4.78% 06/01/2028 Fed Natl Mortgage Assoc#BZ0815 3140NU3Z0 1,499,063 1,500,000 1,525,800 4.54% 04/01/2029 Government Securities Subtotal $ 68,076,661 $ 68,625,000 $ 66,664,536 US Treasury
US Treasury Note 2.625% 9128286B1 928,900 1,000,000 953,950 2.73% 02/15/2029 US Treasury Note 0.625% 912828ZE3 220,875 250,000 230,450 0.68% 03/31/2027 US Treasury Note 0.375% 91282CBC4 1,476,450 1,500,000 1,426,815 0.39% 12/31/2025 US Treasury Note 3.750% 91282CJR3 978,600 1,000,000 999,880 3.73% 12/31/2028 US Treasury Note 4.000% 91282CJW2 989,100 1,000,000 1,010,120 3.93% 01/31/2029 US Treasury Subtotal $ 4,593,925 $ 4,750,000 $ 4,621,215 Total Portfolio $ 100,245,433 $ 100,949,257 $ 98,813,396 Pre

Page 7 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
August 31,2024
No.of
days until Days to maturity Total by
August 31,2024 Market Value Availability maturity Weight weighted average maturity Petty Cash 32,898 8/31/2024 0 0.0% - Checking Account 3,207,948 9/1/2024 1 2.5% 0.03 Utility&Credit Cards Account 36,983 9/1/2024 1 0.0% 0.00 Total Bank Accounts 3,277,829 3,277,829 State Local Agency Investment Fund 1,273,693 9/1/2024 1 1.0% 0.01 1,273,693 California Asset Management Plan 23,583,738 8/31/2024 0 18.6% - 23,583,738 First American Govt OB Fund-Y 365,257 9/1/2024 1 0.3% 0.00 Money Market Accounts 365,257 365,257
Federal Home Ln Bks DEB 1,246,063 9/30/2024 30 1.0% 0.29 Federal Home Ln Corp MTN 1,494,540 9/30/2024 30 1.2% 0.35 Government Securities 2,740,603 2,740,603 The Bank of the Valley CD 249,053 9/30/2024 30 0.2% 0.06 First Farmers Bank&Trust CD 234,885 9/4/2024 4 0.2% 0.01 Pentagon FCU CD 249,878 9/3/2024 3 0.2% 0.01 Negotiable Certificates of Deposit 733,815 733,815 $ 31,974,935 1-30 days
Fifth Third Bank CD 236,104 10/17/2024 47 0.2% 0.09 Negotiable Certificates of Deposit 236,104 236,104 $ 236,104 31 -60 days
InFirst FCU CD 247,110 11/27/2024 88 0.2% 0.17 Keypoint CU CD 248,293 12/27/2024 118 0.2% 0.23 Magnolia Bank Inc CD 247,268 11/25/2024 86 0.2% 0.17 Manufacturers Traders Trust Co CD 243,966 12/9/2024 100 0.2% 0.19 Pacific Western Bank CD 243,080 11/12/2024 73 0.2% 0.14 State Bank of India CD 248,170 11/27/2024 88 0.2% 0.17 Negotiable Certificates of Deposit 1,477,886 1,477,886 $ 1,477,886 61 -120 days
Federal Farm Credit Bks DEB 1,472,010 1/27/2025 149 1.2% 1.73 Government Securities 1,472,010 1,472,010 Arsenal CU CD 248,012 1/25/2025 147 0.2% 0.29 Enerbank USA CD 246,955 1/29/2025 151 0.2% 0.29 General Electric CU CD 250,285 2/14/2025 167 0.2% 0.33 Insight CU CD 250,053 2/27/2025 180 0.2% 0.35 Merrick Bank CD 246,890 1/31/2025 153 0.2% 0.30 Spokane Teachers CD 248,875 1/28/2025 150 0.2% 0.29 WebBank Salt CD 244,826 12/30/2024 121 0.2% 0.23 Negotiable Certificates of Deposit 1,735,896 1,735,896 $ 3,207,906 121 -180 days
Federal Home Ln Bks DEB 1,075,316 3/24/2025 205 0.8% 1.74 Federal Home Ln Bks DEB 968,070 6/30/2025 303 0.8% 2.31 Federal Home Ln Bks DEB 1,469,880 2/28/2025 181 1.2% 2.10 Federal Home Ln Bks DEB 1,499,070 8/15/2025 349 1.2% 4.12 Federal Farm Credit Bks DEB 1,463,250 4/7/2025 219 1.2% 2.52 Federal Farm Credit Bks DEB 1,076,944 3/17/2025 198 0.8% 1.68 Federal Farm Credit Bks DEB 1,215,725 6/23/2025 296 1.0% 2.83 Fed Natl Mortgage Assoc 1,448,970 7/22/2025 325 1.1% 3.71 Government Securities 10,217,225 10,217,225

Page 8 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
August 31,2024
No.of
days until Days to maturity Total by
August 31,2024 Market Value Availability maturity Weight weighted average maturity Connexus CU CD 251,145 6/23/2025 296 0.2% 0.59 1st Security Bank of Washington CD 243,253 4/16/2025 228 0.2% 0.44 Ideal CU CD 124,520 8/29/2025 363 0.1% 0.36 Industrial Commercial Bank China CD 243,993 3/31/2025 212 0.2% 0.41 Liberty FED CD 248,883 6/9/2025 282 0.2% 0.55 Medallion Bank CD 245,240 3/27/2025 208 0.2% 0.40 Meritrust FCU MTN CD 222,480 6/30/2025 303 0.2% 0.53 New York Community Bank CD 241,718 7/1/2025 304 0.2% 0.58 Partners Bank of California CD 244,713 4/2/2025 214 0.2% 0.41 Poppy Bank CD 224,564 3/18/2025 199 0.2% 0.35 Southeast Bank CD 241,918 6/17/2025 290 0.2% 0.55 Souther States Bank CD 248,694 4/14/2025 226 0.2% 0.44 Tandem Bank CD 242,300 6/23/2025 296 0.2% 0.56 Technology CU CD 248,171 7/21/2025 324 0.2% 0.63 Third Federal Savings&Loan CD 243,093 5/23/2025 265 0.2% 0.51 Negotiable Certificates of Deposit 3,514,682 3,514,682 Klamath Trinity,CA-2021 B 14,578 8/1/2025 335 0.0% 0.04 San Bernardino,CA 289,995 8/1/2025 335 0.2% 0.77 Municipal Bonds 304,573 304,573
$ 14,036,480 181 -1 year
Federal Home Ln Bks DEB 1,440,765 12/30/2025 486 1.1% 5.52 Federal Home Ln Bks DEB 1,904,460 1/28/2026 515 1.5% 7.73 Federal Home Ln Bks DEB 1,896,760 2/12/2026 530 1.5% 7.92 Federal Home Ln Bks DEB 950,800 2/26/2026 544 0.7% 4.07 Federal Home Ln Bks DEB 950,460 2/26/2026 544 0.7% 4.07 Federal Home Ln Bks DEB 1,260,987 4/29/2026 606 1.0% 6.02 Federal Home Ln Bks DEB 1,442,940 5/12/2026 619 1.1% 7.04 Federal Home Ln Bks DEB 1,931,500 5/27/2026 634 1.5% 9.65 Federal Home Ln Bks DEB 1,418,925 7/20/2026 688 1.1% 7.69 Federal Home Ln Bks DEB 1,440,780 12/22/2025 478 1.1% 5.42 Federal Home Ln Bks DEB 1,498,935 2/17/2026 535 1.2% 6.32 Federal Farm Credit Bks DEB 756,030 4/10/2026 587 0.6% 3.50 Federal Home Ln Corp MTN 1,442,220 9/8/2025 373 1.1% 4.24 Federal Home Ln Corp MTN 1,444,170 9/30/2025 395 1.1% 4.49 Federal Home Ln Corp MTN 1,922,800 10/20/2025 415 1.5% 6.29 Federal Home Ln Corp MTN 1,439,055 11/12/2025 438 1.1% 4.97 Federal Home Ln Corp MTN 1,439,055 11/12/2025 438 1.1% 4.97 Federal Home Ln MTG 1,250,088 1/27/2026 514 1.0% 5.06 Fed Natl Mortgage Assoc#AN1614 1,934,100 6/1/2026 639 1.5% 9.74 Government Securities 27,764,830 27,764,830 A+FCU CD 251,735 2/17/2026 535 0.2% 1.06 Alabama CU CD 252,455 12/22/2025 478 0.2% 0.95 Ally Bank Utah CD 250,060 12/22/2025 478 0.2% 0.94 American Equity Bank CD 235,693 5/27/2026 634 0.2% 1.18 BMW Bank North America CD 239,978 9/25/2025 390 0.2% 0.74 Burke Herbert Finanical Services CD 249,129 2/13/2026 531 0.2% 1.04 California CD 253,680 10/27/2025 422 0.2% 0.84 Chartway FCU CD 250,383 12/16/2025 472 0.2% 0.93 City National Bank CD 250,323 1/12/2026 499 0.2% 0.98 Clearpath FCU CD 250,145 4/27/2026 604 0.2% 1.19 Communitywide FCU CD 251,433 1/6/2026 493 0.2% 0.98 Connex CU CD 254,545 3/18/2026 564 0.2% 1.13 Continental Bank CD 233,798 8/24/2026 723 0.2% 1.33 Dort FCU CD 253,755 6/22/2026 660 0.2% 1.32 First Carolina Bank CD 237,955 12/23/2025 479 0.2% 0.90 FirstBank of Nebraska CD 231,825 8/27/2026 726 0.2% 1.33 Freedom Bk of Virginai CD 250,060 2/17/2026 535 0.2% 1.05 Gesa CU CD 255,563 7/31/2026 699 0.2% 1.41 Global FCU CD 251,899 6/16/2026 654 0.2% 1.30 Greenstate CU CD 239,783 11/24/2025 450 0.2% 0.85 JPMorgan Chase Bank CD 238,950 11/10/2025 436 0.2% 0.82 Live Oak Banking Company CD 240,233 9/16/2025 381 0.2% 0.72 Popular Bank CD 249,495 1/8/2026 495 0.2% 0.97 Paged 4 2

Page 9 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
August 31,2024
No.of
days until Days to maturity Total by
August 31,2024 Market Value Availability maturity Weight weighted average maturity Solarity CU CD 252,189 6/23/2026 661 0.2% 1.31 Toyota Financial Savings Bank CD 233,946 7/29/2026 697 0.2% 1.28 USAlliance FCU CD 96,050 1/28/2026 515 0.1% 0.39 Union Bank CD 236,548 3/19/2026 565 0.2% 1.05 Vibrant CU CD 252,365 3/20/2026 566 0.2% 1.13 Negotiable Certificates of Deposit 6,743,969 6,743,969 US Treasury Note 0.375% 1,426,815 12/31/2025 487 1.1% 5.47 US Treasury 1,426,815 1,426,815
Riverside Cnty,CA 973,320 2/15/2026 533 0.8% 4.09 San Bernardino,CA 235,783 8/1/2026 700 0.2% 1.30 Municipal Bonds 1,209,103 1,209,103
$ 37,144,716 1-2 years
Federal Home Ln Bks DEB 1,507,952 10/26/2026 786 1.2% 9.34 Federal Home Ln Bks DEB 1,412,265 11/24/2026 815 1.1% 9.07 Federal Home Ln Bks DEB 1,934,260 11/24/2026 815 1.5% 12.42 Federal Home Ln Bks DEB 962,990 3/30/2027 941 0.8% 7.14 Federal Home Ln Bks DEB 605,592 4/21/2027 963 0.5% 4.59 Federal Home Ln Bks DEB 1,006,470 6/11/2027 1014 0.8% 8.04 Federal Farm Credit Bks DEB 1,172,938 10/7/2026 767 0.9% 7.09 Federal Home Ln Corp MTN 1,308,426 10/27/2026 787 1.0% 8.11 Government Securities 9,910,893 9,910,893 BankUnited NA CD 234,827 12/8/2026 829 0.2% 1.53 Baxter CU CD 253,083 1/25/2027 877 0.2% 1.75 Capital One NA CD 235,270 12/8/2026 829 0.2% 1.54 Empower FCU CD 257,488 10/23/2026 783 0.2% 1.59 Essential CU CD 255,110 6/15/2027 1018 0.2% 2.05 1st Source Bank CD 250,218 1/19/2027 871 0.2% 1.72 First Technology FCU CD 247,202 8/5/2027 1069 0.2% 2.08 Generations Bank C D 244,678 5/6/2027 978 0.2% 1.88 Malaga Bank CD 233,373 11/19/2026 810 0.2% 1.49 Milestone Bk CD 246,425 12/15/2026 836 0.2% 1.62 NBC Bancorp Inc CD 252,124 9/14/2026 744 0.2% 1.48 People's Bank CD 250,448 1/12/2027 864 0.2% 1.70 Red Crown Fed CD 205,692 10/13/2026 773 0.2% 1.25 State Employees CD 254,593 5/24/2027 996 0.2% 2.00 Texas Exchange Bank CD 234,130 11/13/2026 804 0.2% 1.48 Negotiable Certificates of Deposit 3,654,658 3,654,658 US Treasury Note 0.625% 230,450 3/31/2027 942 0.2% 1.71 US Treasury 230,450 230,450
$ 13,796,001 2-3 years
Federal Home Ln Bks DEB 1,498,515 2/16/2028 1264 1.2% 14.92 Fed Natl Mortgage Assoc#BS1416 594,548 3/1/2028 1278 0.5% 5.99 Fed Natl Mortgage Assoc#BS8656 666,758 6/1/2028 1370 0.5% 7.20 Government Securities 2,759,821 2,759,821 Customers Bank CD 255,488 6/14/2028 1383 0.2% 2.78 Fahey Banking Co CD 250,118 1/12/2028 1229 0.2% 2.42 Iriquois Fed CD 254,732 9/17/2027 1112 0.2% 2.23 Jeanne D Arc CD 253,908 7/31/2028 1430 0.2% 2.86 Optum Bank Draper CD 249,424 9/13/2027 1108 0.2% 2.18 Preferred CU CD 257,863 9/15/2027 1110 0.2% 2.25 Rogue CU CD 250,183 12/23/2027 1209 0.2% 2.38 True Sky Credit CD 254,503 11/30/2027 1186 0.2% 2.38 TTCU Federal CU CD 260,338 7/26/2028 1425 0.2% 2.92 Negotiable Certificates of Deposit 2,286,554 2,286,554 $ 5,046,375 3-4 years
Pied45Jofe2Nn

Page 10 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

Page 11 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority CA Government Code Section 53607
For Period Ended
August 31,2024
Issue Par Market Maturity
Investment Name CUSIP ID Date Cost Value Value Date Sales&Maturities
Bank Hope CD 062683HV2 5/12/2023 243,000.00 243,000.00 242,997.57 8/12/2024 Fed Natl Mortgage Assoc MTN 3134GYJC7 2/24/2023 1,250,000.00 1,250,000.00 1,249,462.50 2/24/2026 Federal Home Ln Bks DEB 3130AUX33 2/22/2023 599,100.00 600,000.00 599,556.00 2/22/2028 Freedom Northwest CD 356436AF2 1/19/2023 249,000.00 249,000.00 249,012.45 1/19/2028 Klamath Trinity, CA-2021 B 498422JJ4 11/10/2021 15,075.00 15,000.00 14,743.50 8/1/2025 Klamath Trinity, CA-2021 C 498422JN5 11/10/2021 25,100.00 25,000.00 24,997.25 8/1/2024 Sales&Maturities Subtotal $ 2,381,275.00 $ 2,382,000.00 $ 2,380,769.27 Purchases
Fed Natl Mortgage Assoc#BS5506 3140HVB60 8/1/2019 1,886,875.00 2,000,000.00 1,875,860.00 8/1/2029 Fed Natl Mortgage Assoc#BS1416 3140LBSE4 3/1/2021 594,825.00 660,000.00 594,547.80 3/1/2028 Purchases Subtotal $ 2,481,700.00 $ 2,660,000.00 $ 2,470,407.80

Page 12 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Maturities in Thousands of Dollars
For Period Ended
August 31, 2024
61 days 121 days 1 year 2 years 3 years
1 day to 30 31 day to to 120 to 180 181 days to to 2 to 3 to 4 4 years to 5 Investment Portfolio days 60 days days j j days 1 year years years years years State Local Agency Investment Fund 1,274 - - - - - - - - California Asset Management Plan 23,584 - - - - - - - - Bank Accounts and Change Funds —1 3,278 - - - - - - - - Negotiable Certificates of Deposit 734 236 1,478 1,736 3,515 6,744 3,655 2,287 3,206 Government Securities 2,741 - - 1,472 10,217 27,765 9,911 2,760 11,799 Money Market Fund 365 - - - - - - - Municipal Bonds - - - - 305 1,209 - - 2,059 US Treasury - - - - - 1,427 230 - 2,964 Total Cash and Investments 31,975 236 1,478 3,208 14,036 37,145 13,796 5,046 20,028 Percentage 25.19% 0.18% 1.16% 2.53% 11.06% 29.26% 10.87% 3.97% 15.78%

INVESTMENTS BY MATURITY
2 years to 3
years 10.87%
1 year to 2 --
years 29.26%
3 years t7 4 years

3.97%
181 days to 1 year

11.06% 4 years to5years
N _

15.78%
121 days to 180
days 2.53%
61 days to 120
days 1.16%
31 day to 60 days

0.18% 1 day to 30
days 25.19%
Prep18rr im

Page 13 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Bank Accounts and Change Funds
For Period Ended
August 31, 2024
Account Insured Collateralized Total
Name Institution Deposits Deposits Deposits
Petty Cash
City of Upland City of Upland $ - $ - $ 32,898 City of Upland
Payroll Zero Balance Account Chase - - - City of Upland
Checking Account Chase 250,000 2,957,948 3,207,948 City of Upland
Utility& Credit Cards Account Chase 36,983 - 36,983 City of Upland
Successor Agency Chase - - -
Totals $ 286,983 $ 2,957,948 $ 3,277,829
Prepare b D err

Page 14 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For 12 Month Period Ended
August 31, 2024
Month Yield
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%
June-2024 4.48%
July-2024 4.52%
August-2024 4.58%
Average Yield On Investment Portfolio

5.00%

4.50%

4.00%

3.50%

3.00%

2.50%

2.00%

1.50%

1.00%

0.50%

0.00%
01'
'ti ' ti � Jc t � r r � ee e e a� Jt �,o 0 ,p V J%e�Qp`s0 � ce � �to a <<e P S Oe
Prepared,bv D err �

Page 15 of 16 ends

Docusign Envelope ID:256EF64E-4CFD-4102-826B-5F03543F8124

TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Summary
August 31,2024
September-2023 October-2023 November-2023 December-2023 January-2024 February-2024 March-2024 April-2024 May-2024 June-2024 July-2024 August-2024 Investment Portfolio
State Local Agency Investment Fund(LAIF) 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 1,218,471 1,270,702 1,273,693 California Asset Management Plan(CAMP) 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 37,319,358 25,471,211 23,583,738 Negotiable Certificates of Deposit 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 24,096,892 23,891,458 23,589,222 Money Market Fund 1,416,006 373,395 1,534,652 1,160,163 292,728 1,264,033 3,100,698 3,537,396 994,116 2,266,289 177,239 365,257 Municipal Bonds 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 1,533,372 3,587,504 3,573,166 Government Agency Securities 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 64,382,476 65,588,408 66,664,536 Corporate Bonds - - - - - - - - - - - - US Treasury 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 4,513,773 4,582,538 4,621,215 Total Investments $ 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 $ 135,330,631 $ 124,569,059 $ 123,670,828 Weighted Average Days to Maturity 563.07 559.72 559.72 506.90 491.11 459.24 483.70 461.83 471.80 499.32 572.63 593.57 Blended Yield: 3.01% 3.02% 3.02% 3.08% 3.05% 2.94% 3.14% 3.08% 3.02% 3.15% 3.07% 2.98% Cash
Bank Accounts and Change of Funds 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 8,130,947 7,113,239 3,277,829 Total Cash $ 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 $ 8,130,947 $ 7,113,239 $ 3,277,829 Total Cash and Investments $ 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 $ 143,461,577 $ 131,682,298 $ 126,948,657 PARS Investment Portfolio
115 Trust-OPEB Investment 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 2,272,555 2,321,327 2,360,733 115 Trust-Pension Investment 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 7,376,442 7,533,336 8,330,830 Total Restricted Funds Held in Trust $ 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 $ 9,648,997 $ 9,854,664 $ 10,691,564 Benchmarks:

LAIF 3.53% 3.67% 3.67% 3.93% 4.01% 4.12% 4.23% 4.27% 4.33% 4.48% 4.52% 4.58% CAMP 5.55% 5.56% 5.42% 5.55% 5.54% 5.50% 5.50% 5.45% 5.43% 5.44% 5.44% 5.42% 2yr U.S.Treasury 5.03% 4.95% 4.73% 4.23% 4.27% 4.64% 4.59% 5.04% 4.82% 4.71% 4.29% 3.91% Syr U.S.Treasury 4.60% 4.67% 4.31% 3.84% 3.91% 4.26% 4.21% 4.72% 4.42% 4.33% 3.97% 3.71% Restricted Funds with Fiscal Agent
Wtr Sys Lease Rev Ref Bonds 2011
Wtr Revenue Bonds 2022 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 15,501,692 15,501,755 15,501,821 Wtr Sys Lease Rev Ref Bonds 2021 73,960 25 25 25 25 25 48,773 0 - - - - Successor Agency TAN 2013/TAN 2016-Me 10 10 10 10 10 223,344 0 0 - - - 2,618,344 Colonies CFD Area#1 2012 - - - - - - - - - - - - ColoniesCFDArea#1 2022 585,586 585,588 585,591 585,593 585,595 1,311,297 1,122,204 1,122,209 1,122,212 1,122,216 1,122,219 1,497,100 Colonies CFD Area#2 2015 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 2,010,413 2,010,421 2,429,242 Upland 54 CFD 2004 166,186 166,187 166,188 166,188 166,188 231,819 203,448 203,449 203,449 203,449 203,450 226,002 Sycamore Hills CFD 2015-1 737,752 737,756 737,759 737,762 737,762 1,006,794 824,056 824,059 824,060 824,061 824,062 1,115,102 Harvest at Upland CFD 2016-1 Area#1 571,804 574,056 576,398 578,670 581,045 912,960 743,629 746,634 749,547 752,572 755,509 914,107 Harvest at Upland CFD 2016-1 Area#2 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 2,435,392 2,435,400 2,568,647 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 4,110,632 4,126,259 4,160,128 Sycamore Hills CFD 2015-1-2 765,827 765,830 765,833 765,836 765,840 1,049,013 848,106 848,109 848,111 848,101 848,113 1,135,802 Total Restricted Funds $ 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 $ 27,808,528 $ 27,827,188 $ 32,166,295

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..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,CHIEF OF POLICE

CLIFFORD MATHEWS,POLICE CAPTAIN
SUBJECT: CONSIDER ADOPTING A RESOLUTION SUPPORTING PROPOSITION 36,THE

HOMELESSNESS,DRUG ADDICTION,AND THEFT REDUCTION ACT
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution in support of Proposition 36, the Homelessness, Drug Addiction,and Theft Reduction Act.

GOAL STATEMENT
The proposed action supports the City's goal of enhancing quality of life,public health,public safety,and maintaining order.

BACKGROUND
On November 4, 2014, California voters passed Proposition 47, a law that changed certain low-level crimes from potential felonies to misdemeanors. The savings from reduced incarceration costs were designated to be invested into drug and mental health treatment;programs for at-risk students K-12 schools;and victim services.

Although Proposition 47 was aimed at attempting to make California's criminal justice system more equitable,it has also led to unintended consequences over the past decade. The unintended consequences of Proposition 47 include repeat and often organized retail theft; inner-city store closings; and difficulty convincing people to seek drug and mental health treatment. These consequences can only be corrected by the voters of the State of California at the ballot box with modest amendments to Proposition 47.

Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense,targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver. The Upland Police Department believes Proposition 36 provides important fixes to Proposition 47 to provide further leverage in its efforts to address crimes in the City of Upland.

ISSUES AND ANALYSIS
The City of Upland, like many other cities, has not been exempt from the rising challenges of homelessness, retail theft, and drug related crimes. A few examples include year to date increases in Upland of 52% more commercial burglaries,27%more residential burglaries,20%more retail thefts and 50%more purse snatchings.

At the same time,drug crimes have become more prevalent,further complicating efforts to maintain public safety and community well-being. In 2024 the Upland Police Depastunent has experienced a 22%increase in overdose related calls for service.

Drugs are a leading cause of homelessness nationwide. It often takes the Quality of Life team over 50 contacts with individuals experiencing homelessness before they accept the resources we have to offer. Moreover, it often takes five or more attempts for homeless individuals to successfully complete the rehabilitation process, stop using drugs, and achieve sobriety. These issues highlight the need for continued focus and collaboration among city leaders, law enforcement,and community organizations to address these pressing concerns.

Additionally,the fentanyl crisis has reached alarming levels. According to UCLA,there are now 22 adolescent deaths from drug overdoses each week nationwide driven by fentanyl. 19 counties in the United States are considered hotspots for adolescent overdose death rates including San Bernardino County,Riverside County,Orange County and

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Los Angeles County. Proposition 36 is crafted to define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable,and grant judges' greater discretion in sentencing drug traffickers.

Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. Proposition 36 provides critical mental health,drug treatment services,and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.

If approved,Proposition 36 will implement the following provisions:
• Reclassify retail theft with two or more prior convictions as a felony. • Permit the aggregation of multiple theft offenses to reach a total of$950 and charge as a felony. • Impose enhanced penalties for excessive theft or property damage. • Impose enhanced penalties for acting in concert or participating in takeover theft or destruction of property. • Grant discretion to charge a third hard drug possession offense as a treatment-mandated felony after two prior hard drug convictions.
• Address the fentanyl crisis by targeting fentanyl drug traffickers.

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

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND IN SUPPORT OF PROPOSITION 36, THE

HOMELESSNESS, DRUG ADDICTION, AND THEFT

REDUCTION ACT
WHEREAS, while Proposition 47 achieved notable success in making California's criminal justice system more equitable, Proposition 47 has also led to unintended consequences over the past decade; and
WHEREAS, Proposition 47 has contributed to increases in repeat and often organized retail theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Proposition 47; and WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Proposition 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities; and WHEREAS, spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments; and
WHEREAS, cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration; and WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and
WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, it is time for meaningful and tailored reforms to our justice system to ensure the safety of our communities.

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Resolution No.

Page 2 ends

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

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

Section 2. The City Council of the City of Upland formally expresses support for Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community's safety.

Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

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

Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 6. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 14th day of October, 2024.

Bill Velto, Mayor

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Resolution No.

Page 3 ends

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 14th day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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LEAGUE OF
CALIFORNIA Retail Theft Package
CITIES
and Proposition 36
Recently, Gov. Gavin Newsom signed a 10-bill package addressing retail theft. The table below compares Proposition 36 — the ballot initiative sponsored by the District Attorneys that would make changes to Proposition 47 —with the retail theft package signed by the Governor.

PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE RELEVANT BILL (NO AMENDMENTS TO NUMBERS
PROPOSITION 47)
Fentanyl
Fentanyl Adds to list of Not in package.
possession with crimes with
firearm penalties of 2, 3, or
4 years in prison.

Fentanyl Increases penalties Not in package.
increasing from 2 to 20 years
penalties depending on the
amount.

Treatment Creates a new Not in package.
mandated crime for hard drug
felony possession with
tiered penalties up
to 25 years.

Retail Theft
Aggregation Provides that any Not in package.
case involving one
or more acts of
theft or shoplifting
may be
aggregated into a
single count or
charge.

Auto theft Does not address Closes the loophole SB 905 (Wiener) this issue. under existing law
regarding locked cars.

Cargo theft Does not address Adds cargo theft to the AB 1972 (Alanis) this issue. Regional Property Crime
Task Force operated by
the CHP.

Fencing Does not address Expands existing law for SB 1 144 (Skinner) this issue. online marketplaces to
report high-volume sellers
to law enforcement.

Fires Does not address Makes it a factor in SB 1242 (Min) this issue. , aggravation if an offense

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PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE RELEVANT BILL (NO AMENDMENTS TO NUMBERS
PROPOSITION 47)
was carried out in a
merchant's premises to
commit retail theft.

Increased Increases penalty Increases penalty AB 1960 (Rivas)*; penalties enhancements for enhancements for resale SB 1416 property crimes for of property or stolen (Newman) up to 4 years and property in the
allows the court to commission of a felony for
impose up to 4 years and allows
enhancements the court to impose
with another single enhancements with
count. another single count. No
changes to Proposition

47. Multi- Does not address Allows local jurisdictions to AB 1779 (Irwin) jurisdictional this issue. file charges that deal with offenses offenses across county
lines.

Organized retail Several provisions Removes the sunset AB 1802 (Jones- theft related to acting in clause on the organized Sawyer); concert and retail theft statute. SB 982 (Wahab) increasing
penalties for
organized retail
theft. However, it
does not address
the sunset date of
the statute. (Does
not amend the
same code section
as the legislative
bills).

Police ability to Does not address Provides that under AB 2943 (Zbur) arrest this issue. certain circumstances
police can arrest without
a warrant.

Probation Does not address Provides that the term of AB 2943 (Zbur) this issue. probation for shoplifting
or petty theft would be
two years.

Repeat An offender with Creates a new crime for AB 2943 (Zbur) offenders two prior shoplifting which can be
convictions of charged as a felony but
petty theft or does not change the
shoplifting can be threshold amount of $950.

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PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE RELEVANT BILL (NO AMENDMENTS TO NUMBERS
PROPOSITION 47)
charged with a
felony regardless of
value. Amends
Proposition 47.

Restraining Does not address Creates the Retail Theft AB 3209 orders this issue. Restraining Order for (Berman) repeated attempts of
shoplifting which can be
requested by city
attorneys, retailers, or
district attorneys.

Retailers- Does not address Prohibits local AB 2943 (Zbur) nuisance this issue. government and law
action enforcement from
threatening or filing
nuisance complaints
against retailers for
reporting crime.
*AB 1960 (Rivas) is currently pending on the Governor's desk.

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�-;ov riPZ4,,aeotk• ..,..°-t.. cI FU P LAND "The City of Gracious Lining"
Staff
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,CHIEF OF POLICE

MARCI WILLIAMS,POLICE SERGEANT
SUBJECT: CONSIDER ACCEPTANCE OF THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT PT25117
RECOMMENDED ACTION:

It is recommended that the City Council accept the Office of Traffic Safety (OTS) STEP grant funds (Grant No.

PT25117)and authorize the appropriation of$170,000.

GOAL STATEMENT
The proposed action supports the City's goal of promoting safety by securing funding to allow for training, enforcement, checkpoints, public education, and the purchase of equipment to assist in the investigation of traffic crashes.

BACKGROUND
The Office of Traffic Safety has approved the Upland Police Department's request for a$170,000 traffic safety grant for fiscal year 2024/2025,effective October 1,2024,through September 30,2025.

ISSUES AND ANALYSIS
By accepting this grant, the Upland Police Department will be able to participate in traffic safety programs that otherwise would not have funding. This is a reimbursement grant, which means the city would need to expend the funds,then request reimbursement which is guaranteed under the grant agreement.

The amount of$152,750 from this grant will be used for overtime costs to conduct DUI checkpoints,DUI saturation patrols,traffic enforcement,motorcycle safety enforcement,pedestrian and bicycle enforcement operations,and traffic safety education.

The amount of $5,000 will be used for travel expenses to attend grant-related conferences and training events supporting the grant goals and objectives and/or traffic safety.

The amount of$3,750 will be used to pay for contracted phlebotomist services associated with DUI enforcement.

The remaining$8,500 will be used for other direct costs such as supplies and equipment.

FISCAL IMPACTS
The budgeted revenues and expenses in the Office of Traffic Safety fund will be increased by$170,000 in the manner indicated above. The account that is used before reimbursement is 2183276-5133-32621.

ALTERNATIVES
Provide alternative direction to staff.

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CEQA:Not a Project

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State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT25117

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Upland From: 10/01/2024

4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2025 Upland Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $170,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A—Problem Statement, Goals and Objectives and Method of Procedure • Schedule B—Detailed Budget Estimate and Sub-Budget Estimate(if applicable) • Schedule B-1 —Budget Narrative and Sub-Budget Narrative(if applicable) • Exhibit A—Certifications and Assurances
• Exhibit B*—OTS Grant Program Manual
• Exhibit C—Grant Electronic Management System (GEMS)Access *Items shown with an asterisk(*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.qov .

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Marci Williams ADDRESS: Marcelo A. Blanco
TITLE: Traffic Supervisor Chief of Police
EMAIL: [email protected] [email protected] PHONE: (909)946-7624 xt3342 (909)946-7624
ADDRESS: 1499 W. 13th St. 1499 W. 13th St.

Upland,CA 91786 Upland,CA 91786
&Cara;wd/ Sep 3,2024 Sep 3,2024
A.r Niiama Sip 3,_oxa C6.39 PDi: Marcelo 3lan<p Sep 3.xOx015:3p PDi) (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Susan Schultz ADDRESS: Barbara Rooney
Budget Specialist Director
[email protected] [email protected] (909)946-7624 (916)509-3030
1499 W. 13th St. 2208 Kausen Drive, Suite 300
Upland,CA 91786 Elk Grove, CA 95758
Susie Schultz Sep 3,2024 F3a<6v, . Sep 23,2024 s.D., (Signature) (Date) (Signature) (Date) 8/29/2024 7:02:49 PM Page 1 of 19

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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#: WR3XEAJCJHH1
ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED Elk Grove,CA 95758 ADDRESS: 1499 W 13th Street
CITY: Upland
ZIP+4: 91786-2992

10. PROJECTED EXPENDITURES

PROJECTED
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE EXPENDITURES 402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $13,779.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $22,821.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $50,221.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $83,179.00 AGREEMENT $170,000.00
TOTAL

AMOUNT ENCUMBERED BY THIS DOCUMENT
$170,000.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and AGREEMENT purpose of the expenditure stated above. $0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE Sep 3,2024 $170,000.00
8/29/2024 7:02:49 PM Page 2 of 19

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State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT25117
Schedule A

1. PROBLEM STATEMENT
Upland is a city comprised of residential, commercial, and industrial areas bordered by two heavily used state highways; the 1-10 freeway to the south and the 1-210 freeway to the north. There are over 210 miles of roadway within the city. Many of these roads are used as major thoroughfares from neighboring cities to the state highways during commuting hours. As the city of Upland continues to grow, we see a significant increase in the residential population as well as the daily commuters that travel through the city. The data we compiled in 2023 helped us identify several different areas of enforcement needing improvement.

In 2022, we had 417 injury crashes, whereas in 2023 we had 414 injury traffic crashes, a 0.72% decrease in crashes. Comparatively, there were 623 injured parties in 2022 and 603 injured parties in 2023, which is a

3.21% decrease in the number of injured parties. The number of fatal traffic crashes that occurred in our city decreased from (6) in 2022 to (5) in 2023, which reflects a 16.67% decrease. Alcohol was the primary crash factor in one of the fatal crashes (1). Pedestrian Violations were a factor in three of the fatal crashes and speed was the primary CRASH factor in 1 fatality. Unsafe speed was one of the top primary crash factors in 2023 along with Auto Right-of-Way. Violations of traffic signs/signals was the third leading primary crash factor.

Traffic Enforcement Index statistics show a direct correlation between enforcement rates and crash rates. For example, without constant enforcement, motorists tend to speed and disregard other basic traffic laws such as yielding the right of way. In the past, we focused on upgrading equipment, training police personnel, educating the motoring public, and directed-traffic enforcement. Our data shows this yielded positive results.

The continued funding provided by the STEP grant has assist with covering the overtime costs associated with the directed enforcement details so we can focus on the issues that affect our motoring public. Our department has used the funding to continue our enforcement objectives while putting our new equipment to use and providing valuable training to our police personnel. The Upland Traffic Unit anticipates reductions in injury-related traffic CRASHES after the data collection in 2024.

The Upland Police Department is experiencing an expansion in its staffing. Our sworn personnel is 97% staffed, and we are planning to unfreeze previously frozen patrol positions due to our substantial staffing growth that has taken place in the past few years. With this positive staffing growth, challenges in other areas have surfaced. We are currently experiencing difficulties with keeping our patrol fleet fully stocked. Due to an aging patrol vehicle fleet, repairs that take units out of service for long periods, high demand for patrol vehicles throughout the State of California, and the growth of our patrol staff, we have continually experienced unit shortages on our shifts to the point our dedicated traffic unit has been absorbed by patrol. On several occasions, we have had officers willing to work grant-funded overtime operations but were forced to reschedule due to the lack of available patrol vehicles. Patrol officers get priority of units over officers working grant-funded overtime. A unit equipped with moving radar to enforce speed violations and outfitted with subdued emergency lighting and official police markings to better blend in with traffic will be an effective tool for enforcing DUI and traffic violations.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes. 8/29/2024 7:02:49 PM Page 3 of 19

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9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit& run fatal crashes.

16. Reduce hit& run injury crashes.

17. Reduce nighttime (2100 - 0259 hours)fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.

2. Participate and report data (as required) in the following campaigns; Quarter 1: 12 National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.

3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.

4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 5 Testing (SFST) (minimum 16 hours) POST-certified training.

5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 5 Driving Enforcement(ARIDE) 16 hour POST-certified training.

6. Send law enforcement personnel to the Drug Recognition Expert(DRE)training 2 (classroom and field training must be completed).

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 6 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

9. Conduct DUI Saturation Patrol operation(s). 14

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary 10 crash factor violations.

11. Conduct highly publicized Distracted Driving enforcement operation(s)targeting 3 drivers using hand held cell phones and texting.

12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 3 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.

13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 2 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 8/29/2024 7:02:49 PM Page 4 of 19

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14. Conduct Traffic Safety educational presentation(s)with an effort to reach 2 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.

15. Conduct Know Your Limit campaigns with an effort to reach members of the 2 community.

16. Participate in highly visible collaborative DUI Enforcement operations. 2

17. Participate in highly visible collaborative Traffic Enforcement operations. 2

18. Send law enforcement personnel to DUI Checkpoint Planning and Management 2 training.

19. Conduct specialized enforcement operations focusing specifically on street racing 2 and sideshow activities.

3. METHOD OF PROCEDURE
A. Phase 1 —Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section.
• All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the"worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2—Program Operations (Throughout Grant Year)
• The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pioots.ca.qov for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at pioots.ca.qov for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at pio(c�ots.ca.gov and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff 8/29/2024 7:02:49 PM Page 5 of 19

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press releases are an exception to this policy and require prior approval before distribution to the media and public.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio(a�ots.ca.gov for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio(c�ots.ca.gov and your OTS grant coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio a(�.ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective)to the OTS PIO at pioots.ca.qov and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pioots.ca.qov and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. • Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3— Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

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• Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT25117
Schedule B
FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT

NUMBER(CFDA)
402PT-25 20.600 State and Community Highway $64,000.00 Safety
164AL-25 20.608 Minimum Penalties for Repeat $106,000.00 Offenders for Driving While
Intoxicated
COST CATEGORY FUND UNIT COST OR UNITS TOTAL COST TO NUMBER RATE GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $11,000.00 6 $66,000.00 DUI Saturation Patrols 164AL-25 $1,750.00 14 $24,500.00 Know Your Limit 164AL-25 $2,125.00 2 $4,250.00 Collaborative DUI Enforcement 164AL-25 $2,000.00 2 $4,000.00 Traffic Enforcement 402PT-25 $2,500.00 10 $25,000.00 Distracted Driving 402PT-25 $2,500.00 3 $7,500.00 Motorcycle Safety 402PT-25 $1,750.00 3 $5,250.00 Pedestrian and Bicycle Enforcement 402PT-25 $2,500.00 2 $5,000.00 Traffic Safety Educational Presentations 402PT-25 $750.00 2 $1,500.00 Collaborative Traffic Enforcement 402PT-25 $2,150.00 2 $4,300.00 Street Racing and Sideshow Enforcement 402PT-25 $2,725.00 2 $5,450.00 Operations
Category Sub-Total $152,750.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $5,000.00 1 $5,000.00 $0.00
Category Sub-Total $5,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $3,500.00 1 $3,500.00 Phlebotomist 164AL-25 $75.00 50 $3,750.00 Lidar Device 402PT-25 $2,500.00 2 $5,000.00 Category Sub-Total $12,250.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $170,000.00
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State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT25117
Schedule B-1

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Know Your Limit-Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement- Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety- Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES

EQUIPMENT

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28 traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Phlebotomist-To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.

INDIRECT COSTS
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STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT25117
Exhibit A
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants(23 U.S.C.Chapter 4 or Section 1906,Public Law 109-59,as amended by Section 25024,Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations,and directives and State rules, guidelines, policies,and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include,but are not limited to,the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations,including but not limited to:
• 23 U.S.C.Chapter 4—Highway Safety Act of 1966,as amended; • Sec. 1906,Public Law 109-59,as amended by Sec.25024,Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency[and its subrecipients]will comply with all Federal statutes and implementing regulations relating to nondiscrimination("Federal Nondiscrimination Authorities").These include but are not limited to:
• Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race, color,national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3(U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq),and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.794 et seq.),as amended,(prohibits discrimination on the basis of disability)and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended,(42 U.S.C.6101 et seq.),(prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987,(Pub.L. 100-209),(broadens scope,coverage,and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal aid recipients,subrecipients and contractors,whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act(42 U.S.C. 12131-12189)(prohibits discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation, and certain testing)and 49 CFR parts 37 and 38;
• Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations(preventing discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
• Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency(requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency(LEP));
• Executive Order 13985,Advancing Racial Equity and Support for Underserved Communities through the Federal Government(advancing equity across the Federal Government);and • Executive Order 13988,Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation(clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding statutory and regulatory cites hereinafter are referred to as the"Acts"and"Regulations,"respectively.

GENERAL ASSURANCES
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In accordance with the Acts,the Regulations,and other pertinent directives,circulars,policy,memoranda,and/or guidance,the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity,for which the Recipient receives Federal financial assistance from DOT, including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements(the Age Discrimination Act of 1975,and Section 504 of the Rehabilitation tact of 1973),by restoring the broad,institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient,so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically,and without limiting the above general Assurance,the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each"activity,""facility,"or"program,"as defined in§21.23(b) and (e)of 49 CFR part 21 will be(with regard to an"activity")facilitated,or will be(with regard to a"facility")operated,or will be(with regard to a"program")conducted in compliance with all requirements imposed by,or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids,Requests For Proposals for work,or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and,in adapted form,in all proposals for negotiated agreements regardless of funding source:
"The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat.252,42 U.S.0 2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

3. The Recipient will insert the clauses of appendix A and E of this Assurance(also referred to as DOT Order 1050.2A)in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A,as a covenant running with the land,in any deed from the United States effecting or recording a transfer of real property,structures,use,or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility,or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of,or for the acquisition of,real property or an interest in real property,the Assurance will extend to rights to space on,over,or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A,as a covenant running with the land,in any future deeds,leases,licenses,permits,or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity,project,or program;and
b. for the construction or use of,or access to,space on,over,or under real property acquired or improved under the applicable activity,project,or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program,except where the Federal financial assistance is to provide,or is in the form of,personal property,or real property,or interest therein,or structures or improvements thereon,in which case the Assurance obligates the Recipient,or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits;or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it,other recipients,sub-recipients,sub-grantees,contractors,subcontractors,consultants,transferees,successors in interest,and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts,the Regulations,and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations,and this Assurance.

By signing this ASSURANCE,the State highway safety agency also agrees to comply(and require any sub-recipients,sub-grantees, contractors,successors,transferees,and/or assignees to comply)with all applicable provisions governing NHTSA's access to records, accounts,documents,information,facilities,and staff.You also recognize that you must comply with any program or compliance reviews,and/or complaint investigations conducted by NHTSA.You must keep records,reports,and submit the material for review 8/29/2024 7:02:49 PM Page 12 of 19

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upon request to NHTSA,or its designee in a timely,complete,and accurate way.Additionally,you must comply with all other reporting,data collection,and evaluation requirements,as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants,loans,contracts, agreements,property,and/or discounts,or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S.Department of Transportation under the Highway Safety Grant Program.This ASSURANCE is binding on the State highway safety agency,other recipients,sub-recipients,sub-grantees,contractors,subcontractors and their subcontractors', transferees,successors in interest,and any other participants in the Highway Safety Grant Program.The person(s)signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988(41 U.S.C.8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace,and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling,rehabilitation,and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph(a);
c. Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will-

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph(c)(2)from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions,within 30 days of receiving notice under subparagraph(c)(2),with respect to any employee who is so convicted-

1. Taking appropriate personnel action against such an employee,up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY(HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508),which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that:

1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers(including subcontracts,subgrants,and contracts under grant,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 8/29/2024 7:02:49 PM Page 13 of 19

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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body.Such activities include both direct and indirect(e.g.,"grassroots")lobbying activities,with one exception.This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials,in accordance with customary State practice,even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION(STATES)

1. By signing and submitting this proposal,the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction,civil judgment,debarment,suspension,ineligible,participant,person,principal, and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any prospective lower tier participants, each participant may,but is not required to,check the System for Award Management Exclusions website ( https://www.sam.gov/) .

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS
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1. The prospective primary tier participant certifies to the best of its knowledge and belief,that it and its principals:
a. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State,or local)terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification,such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction,civil judgment,debarment,suspension,ineligible,participant,person,principal,and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9.subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9.subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any prospective lower tier participants, each participant may,but is not required to,check the System for Award Management Exclusions website ( https://www.sam.gov/) .

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency.
8/29/2024 7:02:49 PM Page 15 of 19

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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)when purchasing items using Federal funds.Buy America requires a State,or subrecipient,to purchase with Federal funds only steel,iron and manufactured products produced in the United States,unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest,that such materials are not reasonably available and of a satisfactory quality,or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.In order to use Federal funds to purchase foreign produced items,the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee,officer,or agent of a State or its subrecipient who is authorized in an official capacity to negotiate,make, accept,or approve,or to take part in negotiating,making,accepting,or approving any subaward,including contracts or subcontracts,in connection with this grant shall have,directly or indirectly,any financial or personal interest in any such subaward.Such a financial or personal interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents. a. The code or standards shall provide that the recipient's officers,employees,or agents may neither solicit nor accept gratuities,favors,or anything of monetary value from present or potential subawardees,including contractors or parties to subcontracts.
b. The code or standards shall establish penalties,sanctions,or other disciplinary actions for violations,as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
No State or its subrecipient,including its officers,employees,or agents,shall perform or continue to perform under a grant or cooperative agreement,whose objectivity may be impaired because of any related past,present,or currently planned interest, financial or otherwise,in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible,making an immediate and full disclosure in writing to NHTSA.The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.If a conflict of interest is found to exist,NHTSA may(a)terminate the award,or(b)determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past,present,or currently planned organizational,financial, contractual,or other interest(s)with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities,and which are related to this award.The interest(s)that require disclosure include those of any recipient,affiliate,proposed consultant,proposed subcontractor,and key personnel of any of the above.Past interest shall be limited to within one year of the date of award.Key personnel shall include any person owning more than a 20 percent interest in a recipient,and the officers,employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 8/29/2024 7:02:49 PM Page 16 of 19

Page 77 of 237 ends

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety(NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org . The NHTSA website( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 8/29/2024 7:02:49 PM Page 17 of 19

Page 78 of 237 ends

State of California—Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PT25117 Exhibit C

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

GRANT DETAILS
Grant Number: PT25117
Agency Name: Upland Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $170,000.00
Authorizing Official: Marcelo A. Blanco
Fiscal Official: Susan Schultz
Grant Director: Marci Williams

CURRENT GEMS USER(S)

1. Moe Duran
Title: Lieutenant Media Contact: Yes
Phone: (909) 946-7624
Email: [email protected]

2. Sue Gutierrez
Title: Accounting Technician Media Contact: No Phone: (909) 946-7624 x 3233
Email: [email protected]

3. Gabriel Santana
Title: Traffic Officer Media Contact: Yes
Phone: (909) 946-7624
Email: [email protected]

4. Susan Schultz
Title: Budget Specialist Media Contact: No
Phone: (909) 946-7624
Email: [email protected]

5. Marci Williams
Title: Traffic Supervisor Media Contact: No
Phone: (909) 946-7624 xt3342
Email: [email protected]
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes n No❑ Add/Change Remove Access ❑
Name Job Title
Email address Phone number
GEMS User 2 Add as a media contact? Yes❑ No❑ Add/Change n Remove Access n
Name Job Title
Email address Phone number
GEMS User 3 Add as a media contact? Yes C No Add/Change ❑ Remove Access 7
Name Job Title
Email address Phone number
GEMS User 4 Add as a media contact? Yes T No❑ Add/Change❑ Remove Access n
Name Job Title
Email address Phone number
GEMS User 5 Add as a media contact? Yes n No C Add/Change El Remove Access❑
Name Job Title
Email address Phone number
Form completed by: a Maki wi6Giain Date: Sep 3,2024
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.

Mara,Wilia u Marci Williams
darci W fiams i Sep 3_[02<06-19 PDT;
Signature Name
Sep 3,2024 Grant Director
Date Title
8/29/2024 7:02:49 PM Page 19 of 19

Page 80 of 237 ends

�� pl"� CITY
UPLAND
-'‘ '.
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF

MARCI WILLIAMS,POLICE SERGEANT
SUBJECT: CONSIDER ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY MOTORCYCLE SAFETY EDUCATION GRANT MC25008
RECOMMENDED ACTION:

It is recommended that the City Council accept the Office of Traffic Safety(OTS)Ride to Live Motorcycle Education grant funds(Grant No.MC25008)and authorize the appropriation of the$20,000 in the Office of Traffic Safety fund.

GOAL STATEMENT
The proposed action supports the City's goal of promoting safety by securing funding to allow for motorcycle safety training open to the public.

BACKGROUND
The Office of Traffic Safety has approved the Upland Police Department's request for a $20,000 motorcycle rider safety course grant for fiscal year 2024/2025,effective October 1,2024,through September 30,2025.

ISSUES AND ANALYSIS
By accepting this grant,the Upland Police Department will be able to facilitate a minimum of four motorcycle rider safety classes that otherwise would not have funding. This is a reimbursement grant, which means the city would need to expend the funds and then request reimbursement,which is guaranteed under the grant agreement.

A total of$17,400 will be used for overtime costs to facilitate four eight-hour training courses.A total of$1,500 will be used for in-state travel for officer training. The remaining sum of$1,100 will be used to pay for grant-approved training supplies.

FISCAL IMPACTS
The budgeted revenues and expenses in the Office of Traffic Safety fund will be increased by $20,000 with the acceptance and use of proceeds of this grant. The account that is used before reimbursement is 2183276-5133-32621.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

Page 81 of 237 ends

State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT MC25008

1. GRANT TITLE
Motorcyclist Safety Education and Training Program

2. NAME OF AGENCY 3. Grant Period
Upland From: 10/01/2024

4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2025 Upland Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving motorcycles. The funded strategies may include hands-on motorcyclist safety courses, motorcyclist helmet usage training, classroom education, community outreach and public awareness campaigns, educational presentations, and workshops. These countermeasures should be conducted in communities with a high number of motorcycle related crashes.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $20,000.00

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov .

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Marci Williams ADDRESS: Marcelo A. Blanco TITLE: Traffic Supervisor Chief of Police
EMAIL: [email protected] [email protected] PHONE: (909)946-7624 xt3342 (909)946-7624
ADDRESS: 1499 W. 13th St. 1499 W. 13th St.

Upland,CA 91786 Upland, CA 91786
Artgrci Sep 5,2024 r Lr%�� Sep 5,2024
i fii os.ns.zozo.eso.,,.
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Susan Schultz ADDRESS: Barbara Rooney
Budget Specialist Director
[email protected] [email protected]
(909)946-7624 (916)509-3030
1499 W. 13th St. 2208 Kausen Drive, Suite 300
Upland,CA 91786 Elk Grove, CA 95758
Susie Schultz Sep 5,2024 Sep 23,2024
(Signature) (Date) (Signature) (Date)
9/5/2024 3:41:14 PM PVege g21of 237

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#: WR3XEAJCJHH1
ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 1499 W 13th Street
CITY: Upland
ZIP+4: 91786-2992

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405f MC- 20.616 0521-0890-101 2023 12/23 BA/23 $4,306.00 405f MC-25 20.616 0521-0890-101 2024 22/24 BA/24 $15,694.00 AGREEM ENT $20,000.00
TOTAL

AMOUNT ENCUMBERED BY THIS DOCUMENT
$20,000.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and AGREEMENT purpose of the expenditure stated above.
$0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE Sep 6,2024 $20,000.00
9/5/2024 3:41:14 PM Pg31gf 237

State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT MC25008
Schedule A

1. PROBLEM STATEMENT
The city of Upland is comprised of residential, commercial, and industrial areas bordered by two heavily used state highways; the 1-10 freeway to the south and the 1-210 freeway to the north. There are over 210 miles of roadway in the city, some of which are arterial roadways used as major thoroughfares between neighboring cities and to the state highways. This roadway is heavily traveled during commuter hours.

The city of Upland continues to grow as available land is yet to be developed. This increase in development creates a significant increase in commuter traffic through the city. This growth has not only increased the density of the commercial areas, but it brings a substantial increase in trucks, cars, and motorcycles on our roadways causing more congestion, traffic violations, and crashes.

Due to the high cost of fuel and the economic lay of the land, more and more people are choosing to park their cars and use motorcycles as a fuel-efficient and less expensive alternate means of transportation. Along with the heavy traffic traveling in and out of our city, the economy plays a major factor in motorcycle crashes. Regarding congestion, more motorcycles on the roads mean fewer cars but realistically, many of those who are replacing their cars for a motorcycle are untrained riders. The renowned "Hunt Study" pointed out the following facts regarding motorcycles and crashes:
• Approximately one-fourth of motorcycle crashes were single-vehicle crashes involving a motorcycle crashing with the roadway or some fixed object in the environment. • The motorcyclists involved in these crashes lack training; 92% were self-taught or learned from family or friends. Motorcycle rider training experience reduces crashes and is related to reduced injuries in the event of a crash.
• More than half of the crashes involved motorcycle riders who had less than 5 months of motorcycle riding experience on the motorcycles they were riding, with an average total street riding experience of almost 3 years.
• Lack of attention to the driving task is a common factor for the motorcyclist in a crash.

For the past several years, our department has deployed consistent motorcycle safety traffic enforcement details in efforts to reduce the amount of motorcycle injury-related crashes. Even with this extra enforcement, our city still experienced 20 injury crashes involving motorcycles in 2023.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of motorcyclists killed in traffic crashes.

4. Reduce the number of motorcyclists injured in traffic crashes.

B. Objectives: Target Number

2. Conduct free to the public motorcyclist safety and training courses throughout the 4 grant year.

3. Update and maintain Department website and/or Social Media platforms to further 1 promote motorcyclist safety to the public and to promote educational goals of safe motorcycle riding.

4. Send law enforcement personnel to advanced motorcycle training. 1

5. Participate in Motorcycle Safety Month in May. 1

3. METHOD OF PROCEDURE
A. Phase 1 - Program Preparation (1st Quarter of Grant Year) • Develop operational plans to implement the "best practice" strategies outlined in the objectives section.
9/5/2024 3:41:14 PM P4 et1VF 237

• All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
• Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2— Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pioAots.ca.gov for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at pioots.ca.qov for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at pioAots.ca.gov and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pioAots.ca.gov and your OTS grant coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pioAots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, 9/5/2024 3:41:14 PM PVegt W518f 237

etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective)to the OTS PIO at pio(c�ots.ca.gov and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

C. Phase 3— Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report(QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT MC25008
Schedule B
FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT

NUMBER(CFDA)
405f MC-25 20.616 Motorcyclist Safety Grants $20,000.00 COST CATEGORY FUND UNIT COST OR UNITS TOTAL COST TO NUMBER RATE GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
Motorcyclist Training Instruction 405f MC- $4,350.00 4 $17,400.00 25 Category Sub-Total $17,400.00
B. TRAVEL EXPENSES
In State Travel 405f MC- $1,500.00 1 $1,500.00 25 $0.00
Category Sub-Total $1,500.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Motorcycle Training Supplies 405f MC- $1,100.00 1 $1,100.00 25 Category Sub-Total $1,100.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $20,000.00
9/5/2024 3:41:14 PM P e 6 f 16
vage�7 of 237

State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT MC25008
Schedule B-1

BUDGET NARRATIVE

PERSONNEL COSTS
Motorcyclist Training Instruction - Overtime for grant funded Motorcyclist safety education classes conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES

EQUIPMENT

OTHER DIRECT COSTS
Motorcycle Training Supplies - Costs to include cones, delineators, and barriers. Additional items may be purchased with OTS approval.

INDIRECT COSTS

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. 9/5/2024 3:41:14 PM P#Wg;481gf 237

State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT MC25008
Exhibit A
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants(23 U.S.C.Chapter 4 or Section 1906,Public Law 109-59,as amended by Section 25024,Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes,regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include,but are not limited to,the following:

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency[and its subrecipients]will comply with all Federal statutes and implementing regulations relating to nondiscrimination("Federal Nondiscrimination Authorities").These include but are not limited to:
• Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race, color,national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3(U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.794 et seq.),as amended,(prohibits discrimination on the basis of disability)and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended,(42 U.S.C.6101 et seq.),(prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987,(Pub.L. 100-209),(broadens scope,coverage,and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal aid recipients,subrecipients and contractors,whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act(42 U.S.C. 12131-12189)(prohibits discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation, and certain testing)and 49 CFR parts 37 and 38;
• Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations(preventing discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
• Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency(requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency(LEP));
• Executive Order 13985,Advancing Racial Equity and Support for Underserved Communities through the Federal Government(advancing equity across the Federal Government);and • Executive Order 13988,Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation(clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding statutory and regulatory cites hereinafter are referred to as the"Acts"and"Regulations,"respectively.

GENERAL ASSURANCES
9/5/2024 3:41:14 PM PVeg> $f918f 237

In accordance with the Acts,the Regulations,and other pertinent directives,circulars,policy,memoranda,and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity,for which the Recipient receives Federal financial assistance from DOT, including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements(the Age Discrimination Act of 1975,and Section 504 of the Rehabilitation Act of 1973),by restoring the broad,institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient,so long as any portion of the program is Federally assisted.

1. The Recipient agrees that each"activity,""facility,"or"program,"as defined in§21.2 3(b) and(e)of 49 CFR part 21 will be(with regard to an"activity")facilitated,or will be(with regard to a"facility")operated,or will be(with regard to a"program")conducted in compliance with all requirements imposed by,or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids,Requests For Proposals for work,or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and,in adapted form,in all proposals for negotiated agreements regardless of funding source:
"The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252, 42 U.S.0 2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

3. The Recipient will insert the clauses of appendix A and E of this Assurance(also referred to as DOT Order 1050.2A)in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A,as a covenant running with the land,in any deed from the United States effecting or recording a transfer of real property,structures,use, or improvements thereon or interest therein to a Recipient.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations,and this Assurance.

upon request to NHTSA,or its designee in a timely,complete,and accurate way.Additionally,you must comply with all other reporting,data collection, and evaluation requirements,as prescribed by law or detailed in program guidance.

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling,rehabilitation,and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

1. Abide by the terms of the statement;

1. Taking appropriate personnel action against such an employee,up to and including termination;

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that:

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g.,"grassroots")lobbying activities,with one exception.This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials,in accordance with customary State practice,even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION(STATES)

CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS
9/5/2024 3:41:14 PM P gt1 f 8P237

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification,such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any prospective lower tier participants, each participant may,but is not required to,check the System for Award Management Exclusions website ( https://www.sam.gov/) .

CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS
. The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency.9/5/2024 3:41:14 PM Page 2 9o.f 16 f 237

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee,officer,or agent of a State or its subrecipient who is authorized in an official capacity to negotiate,make,accept,or approve,or to take part in negotiating,making,accepting,or approving any subaward,including contracts or subcontracts,in connection with this grant shall have,directly or indirectly,any financial or personal interest in any such subaward.Such a financial or personal interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.Based on this policy:

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

State of California—Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access MC25008 Exhibit C

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

GRANT DETAILS
Grant Number: MC25008
Agency Name: Upland Police Department
Grant Title: Motorcyclist Safety Education and Training Program Agreement Total: $20,000.00
Authorizing Official: Marcelo A. Blanco
Fiscal Official: Susan Schultz
Grant Director: Marci Williams

CURRENT GEMS USER(S)

1. Moe Duran
Title: Lieutenant Media Contact: Yes
Phone: (909) 946-7624
Email: [email protected]

2. Sue Gutierrez
Title: Accounting Technician Media Contact: No Phone: (909) 946-7624 x 3233
Email: [email protected]

3. Gabriel Santana
Title: Traffic Officer Media Contact: Yes
Phone: (909) 946-7624
Email: [email protected]

4. Susan Schultz
Title: Budget Specialist Media Contact: No
Phone: (909) 946-7624
Email: [email protected]

5. Marci Williams
Title: Traffic Supervisor Media Contact: No
Phone: (909) 946-7624 xt3342
Email: [email protected]
9/5/2024 3:41:14 PM Pfght5g 8f'237

Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes n No❑ Add/Change n Remove Access n
Name Job Title
Email address Phone number
GEMS User 2 Add as a media contact? Yes n No❑ Add/Change n Remove Access❑
Name Job Title
Email address Phone number
GEMS User 3 Add as a media contact? Yes n No❑ Add/Change n Remove Access n
Name Job Title
Email address Phone number
GEMS User 4 Add as a media contact? Yes❑ No❑ Add/Change n Remove Access❑
Name Job Title
Email address Phone number
GEMS User 5 Add as a media contact? Yes n No❑ Add/Change C Remove Access C
Name Job Title
Email address Phone number
Form completed by: M � W lGiar�r Date: Sep 5,2024
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.

NtAra- Marci Williams
'.1aci Wi.l iamz Sep 5,io3a t s-a5 PDii
Signature Name
Sep 5,2024 Grant Director
Date Title
9/5/2024 3:41:14 PM Pgg60 237

� �p1
4�� 94. CITY UPLAND
�5, _�� "The City of Gracious Living"
C,itIFOB,,S
,- c_staff .,rciii-t
_,
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

GIOVANNI ARELLANO,CONTRACT REHABILITATION PROGRAMS ADMINISTRATOR SUBJECT: AMERICAN RESCUE PLAN ACT ECONOMIC DEVELOPMENT BUDGET AMENDMENT

FROM BUSINESS ATTRACTION AND ASSISTANCE PROGRAM TO COMMERCIAL

REHABILITATION PROGRAM
RECOMMENDED ACTION:

It is recommended that the City Council approve an economic development budget amendment to transfer$166,600 of American Rescue Plan Act("ARPA") funds from the Business Attraction and Assistance Program("BAAP")to the Commercial Rehabilitation Program("CRP")and authorize the City Manager to execute any necessary documents to complete this transaction.

GOAL STATEMENT
The proposed action supports the City's goal to eliminate blight and promote economic development activities in Historical Downtown Upland("Downtown").

BACKGROUND
On June 12,2023,City Council approved the Fiscal Year 2023-24 Operating Budget,which included$1,025,000 set aside for economic development activity under three Development Services Department's Economic Development programs:

1.BAAP($350,000 ARPA)
a.Assists new businesses locate in Historical Downtown Upland by providing forgivable business loans up to $75,000 to be used for eligible business equipment, working capital and/or tenant improvements in exchange for the creation and retention of full time equivalent low-to moderate-income jobs.

2. CRP($350,000 ARPA)
a. Assists existing Downtown building/businesses with making City-approved facade improvements by providing up to a$25,000 grant.

3. Small Business Rental and Assistance Programs($325,000 ARPA) a.Assistance provided to Upland small businesses under two programs:
i.Restaurant Assistance for Improved Sales and Efficiency—Upland("RAISE-UP")

1.Provided up to$10,000 to restaurants citywide in a rental assistance grant ii.Micro-Retail Resiliency Program("MRRP")

1.Provided forgivable business assistance loans for marketing and business equipment up to$5,000 for Downtown micro retailers(micro retailers have five employees or less)

ISSUES AND ANALYSIS
Under the City's economic development goals for Downtown, improving its infrastructure and aesthetics, which include building facades, are key to eliminate blight, facilitate commercial revitalization and preserve and beautify historic Downtown. An improved Downtown environment will promote private investment and stimulated economic activity by creating more opportunities for dining,shopping and entertainment for the public,and the creation of new local jobs. The City, through its economic development goals, seeks to continue recovery efforts and offset the economic downturn of the COVID-19 pandemic and subsequent inflation by continuing to provide financial assistance to the Downtown's small businesses.

Page 98 of 237 ends

The popularity of the CRP is such that the program's current year funding has been exhausted with six additional downtown businesses still seeking to participate. Due to a culmination of both a lack of suitable spaces in Downtown, a degree of economic uncertainty and higher than average interest rates,private investment has slowed in downtown thereby freeing BAAP funding for other needed economic development activities namely the CRP. Staff is currently actively assisting two businesses located in Downtown for a total of$100,000 of BAAP ARPA assistance,and working with a few other businesses still seeking locations or negotiating leases but will not meet the ARPA obligation deadline of December 31, 2024. The CRP, on the other hand, is structured to expeditiously meet ARPA obligation and expenditure deadlines and therefore is the best program to expend BAAP ARPA fund balance at this time. Any unexpended economic development ARPA funds will be recapture and reprogrammed for other City projects.

ENVIRONMENTAL DETERMINATION
The CRP project is exempt from the California Environmental Quality Act (CEQA) pursuant to 15301 (Existing Facilities)and 15331 (Historical Resource Restoration/Rehabilitation)of the CEQA Guidelines.

FISCAL IMPACTS
The CRP provides grants up to a maximum of$25,000 for City approved façade improvements. Staff seeks approval to initiate a transfer of$166,600 of BAAP ARPA fund balance(Account Number 2292203-5258-16120)to the CRP (Account Number 2292203-5258-16121)for program façade improvement activities. There are no fiscal impacts to the General Fund relative to the financing of these projects.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 99 of 237 ends

..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

NORBERTO FERREIRA,CHIEF WATER TREATMENT OPERATOR

LIZBETH RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF AGREEMENTS FOR LANDSCAPE MAINTENANCE

SERVICES FOR WATER FACILITIES
RECOMMENDED ACTION:

It is recommended that the City Council approve two maintenance services agreements with CLS Landscape Management for landscaping maintenance of City of Upland water facilities; and authorize the City Manager to execute the agreements.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and enhancing the landscape around our water facilities, ensuring a safe,clean,and aesthetically pleasing environment that meets both regulatory requirements and community expectations.

BACKGROUND
The landscape maintenance of water facilities plays a crucial role in the overall operation and appearance of the facilities. Regular maintenance is necessary to prevent overgrowth, ensure accessibility, and comply with local and state environmental regulations. Such as:

Regulatory Compliance:
• Landscaping maintenance around water facilities is governed by several local and state regulations that require regular upkeep to prevent contamination and ensure environmental protection. • Failure to maintain these areas adequately could result in penalties and increased scrutiny from regulatory bodies.

Operational Efficiency:
• Overgrown vegetation can interfere with facility operations, including obstructing access to critical infrastructure and reducing the efficiency of routine inspections and repairs. • A well-maintained landscape enhances safety by reducing the risk of fire hazards and providing clear visibility for security personnel.

Aesthetic and Community Impact:
• Water facilities are often located near residential areas, and their appearance can impact community perceptions. A well-maintained landscape contributes to the overall attractiveness of the facility and promotes a positive image of the organization.
• Community engagement and support are often linked to how the facilities are perceived, making it essential to keep the surrounding areas tidy and visually appealing.

ISSUES AND ANALYSIS
Historically, our water facilities have relied on a combination of internal staff and external contractors to perform routine landscaping tasks.However,recent assessments have highlighted the need for a more structured and consistent maintenance plan.

In July 2024, the Utilities Division issued a request for quotes for monthly landscape maintenance services for the City's twenty-one(21)water facilities and quarterly landscape maintenance services for the Upland Basin.The request was sent to four vendors,and responses were received from three of the vendors.

Page 100 of 237 ends

REQUEST FOR QUOTE RESPONSES:
a) Monthly Landscape Maintenance of Twenty-One Water Facilities Company Term Quote Amount(per Anticipated Yearly Month) Cost
Brightview 9/08/2024-6/30/2025 $8,542.00 $102,504.00 CLS Landscape Management* 9/08/2024-6/30/2025 $5,758.00 $69,096.00 Landscape West Management NO RESPONSE
Services - -
Mariposa Landscape Inc. 9/08/2024-6/30/2025 $10,895.55 $130,746.60 b) Quarterly Landscape Maintenance of Upland Basin
Company Term Quote Amount(per Anticipated Yearly Quarter) Cost
Brightview 9/09/2024-6/30/2025 $15,173.06 $60,692.25 CLS Landscape Management* 9/09/2024-6/30/2025 $14,000.00 $56,000.00 Landscape West Management NO RESPONSE
Services - -
Mariposa Landscape Inc. 9/09/2024-6/30/2025 $20,856.15 $83,424.60 *The original bid documents from CLS Landscape Management stipulated price validity for 60 days,the vendor has since provided revised bid documents extending the expiration date. The updated bid is now valid for 60 days from the revised date of September 16,2024.

After careful consideration and due to cost efficiency, the division recommends contracting with CLS Landscape Maintenance for both services. Therefore, Staff is requesting the City Council approve two (2) contracts with CLS Landscape Management for landscape services at City water facilities.

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

FISCAL IMPACTS
The total cost for these services is an annual $56,000 (for the Upland Basin) that is currently budgeted in account 6406211-5258,and$69,096(for twenty-one sites)that is currently budgeted in account 6406205-5258($56,922)and 6406207-5258($12,144).

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

Page 101 of 237 ends

CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT
PARTIES AND DATE.

This Agreement is made and entered into this 9th day of September 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 CLS Landscape Management Inc, a California corporation with its principal place of business at 4711 Schaefer Ave, Chino, CA 91710 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS.

Contractor.

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

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

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

Project.

City desires to engage Contractor to render such services for the weed abatement services project for twenty-one (21) water facilities ("Project") as set forth in this Agreement.

TERMS.

Scope of Services and Term.

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

Term. The term of this Agreement shall be from September 9, 2024 to June 30, 2025, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Responsibilities of Contractor.

Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means,

Page 102 of 237 ends

methods and details of performing the Services subject to the requirements of this Agreement.

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

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

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

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

Contractor's Representative. Contractor hereby designates Pat Strohman, Vice President, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and -2-

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procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred and Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.

Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to -3-

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the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1)failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

Water Quality.

Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

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

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

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

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000)per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage; and (3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of One million dollars ($1,000,000) per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

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 Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. -6-

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

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

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

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

Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

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

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
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Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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

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

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

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

Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, -8-

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equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

Bonds.

Performance 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 Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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 Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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

Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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Upland City CouncilOctober 14, 2024

Upland City Council
October 14, 2024