Upland City Council
April 14, 2025

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EETING OF THE CITY COUNCIL
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Bill Velto,Mayor
Rudy Zuniga, Mayor Pro Tern-District 4 Michael Blay, City Manager James Breitling, Couucilmember• District 2 Stephen P. Deitsch,City Attorney Carlos A.Garcia,Couucilmember- District 3 Keri Johnson,City Clerk Shannan Maust,Councilmember-District 1
Monday, April 14, 2025
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.

4. CLOSED SESSION

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

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS

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 $500 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 vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.

Recommended Action:

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

Approve the Regular Meeting Minutes of March 24, 2025. (Staff Person: Keri Johnson)
b. 2ND READING AND ADOPTION OF ORDINANCE NO. 1993 AMENDING 10 CHAPTER 17.37 OF THE UPLAND MUNICIPAL CODE
Recommended Action:

Hold 2nd reading by title only, waive further reading, and adopt Ordinance No. 1993 amending Chapter 17.37 of the Upland Municipal Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units, and determine the Zoning Code Amendment is Statutorily Exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17. (Staff Person: Robert Dalquest)
c. ANNUAL CITY ETHICS REVIEW 27
CEQA: Not a Project.

Recommended Action:

Receive and file this report on the annual city ethics review. (Staff Person:

Michael Blay)
d. CONSIDER ADOPTING A RESOLUTION UPDATING THE ADMINISTRATIVE 29

FINE SCHEDULE
CEQA: Not a Project.

Recommended Action:

Adopt a Resolution establishing Administrative Fines for violations of the Upland Municipal Code and replacing the existing Administrative Fine Schedule. (Staff Person: Marcelo Blanco)
e. ACCEPT GRANT FUNDS FOR HOUSEHOLD HAZARDOUS WASTE 39

PROGRAM AWARD
CEQA: Not a Project.

Recommended Action:

Approve and authorize the acceptance of grant funds in the amount of $50,000 from the California Department of Resources Recycling and Recovery (CalRecycle) for the Small and Large Project Discretionary Fund Grants under the HD43 Cycle and authorize the execution of all necessary agreements with CalRecycle. (Staff Person: Damien Arrula)
f. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT 43

WITH EAGLE AERIAL SOLUTIONS FOR WATERVIEW SOFTWARE
CEQA: Not a Project.

Recommended Action:

Approve a sole-source professional services agreement with Eagle Aerial Solutions, for a five-year subscription and technical support agreement for WaterView Software and Services; and authorize the City Manager to execute the agreement. (Staff Person: Damien Arrula)
g. CONSIDER ANNUAL CPI SOLID WASTE RATE ADJUSTMENT 70 CEQA: Not a Project.

Recommended Action:

Adopt the Fiscal Year 2025/26 Solid Waste Service Rates as presented in Exhibit M of the Agreement with Burrtec Waste Industries. There are no changes to the Proposition 218-approved base rates or the adopted methodology. (Staff Person:

Damien Arrula)
h. CONSIDER APPROVAL OF FIRST AMENDMENTS TO PROFESSIONAL 77

SERVICES AGREEMENTS WITH OPERATIONS MANAGEMENT GROUP AND

WATER WORKFORCE
CEQA: Not a Project.

Recommended Action:

Approve First Amendments to the Professional Services Agreements with Operations Management Group, Inc. and Water Workforce Inc. to transition their scope of work from temporary staffing to consulting services related to project

management, project administration, and project planning, authorize the City Manager to execute the First Amendments to the Agreements; and approve canceling the Agreement TKE Engineering, Inc. and disencumbering the existing purchase orders as the assigned work has been completed. (Staff Person:

Damien Arrula)

11. PUBLIC HEARINGS

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

CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only. b. PUBLIC WORKS COMMITTEE, APRIL 8, 2025 127 The Committee Chairperson will report on the meeting. This is an information item only.

13. BUSINESS ITEMS
a. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.04.140 OF 132

THE UPLAND MUNICIPAL CODE RELATED TO KEEPING ANIMALS WHICH

DISTURB THE PEACE
CEQA: Not a Project.

Recommended Action:

Hold first reading by title only, waive further reading, and introduce an Ordinance amending Upland Municipal Code Section 6.04.140, "Keeping Dogs and Animals which Disturb the Peace Prohibited". (Staff Person: Marcelo Blanco) b. CONSIDERATION OF AN ORDINANCE REGARDING HARDSHIP WAIVERS 139

FOR INFRACTION FINES
CEQA: Not a Project.

Recommended Action:

Hold first reading by title only, waive further reading, and introduce an Ordinance adding Sections 1.22.050 D., 1.22.050 E., 1.22.050 F., and 1.22.050 G. to the Upland Municipal Code to provide hardship waivers for infraction fines. (Staff Person: Marcelo Blanco)
c. CONSIDER ESTABLISHING AN AD HOC COMMITTEE AND APPOINT 145

MEMBERS
CEQA: Not a Project.

Recommended Action:

Establish an ad hoc committee and appoint two members of the Council to the Committee to serve as the Planning Commissioner interview panel. (Staff Person: Keri Johnson)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, April 28, 2025.

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].

To access written transcription during the meeting, please click this link:
https://attend.wordly.ai/join/LVGO-0906 . Then choose language and click attend to read the transcript on your device.

On April 9, 2025 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL March 24, 2025
6:00 p.m.

City Council Chamber
460 N. Euclid Avenue, Upland, CA 91786
and Kaiser Regional Reference Laboratory, 13000 Peyton Dr Chino Hills CA, 91709 (Room 2201)
Members Present: Mayor Bill Velto, Councilmember James Breitling (arrived at 4:41 p.m.), 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 4:30 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
City Clerk Johnson stated that item 10e. was removed from the agenda.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 4:30 P.M.

4. CLOSED SESSION
At 4:33 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED

LITIGATION
California Government Code Section 54956.9 (d)(2) - 1 or more potential cases b. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 906 Sycamore Court in the City of Upland (Assessor Parcel Number:
1047-192-12)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Housing Manager Diane Cotto
Negotiating Party: Bonnie Cole, Foothill Family Shelter 1

Under Negotiation: Price and terms of payment
c. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 227 N. Vallejo Way in the City of Upland (Assessor Parcel Number:
1046-351-32)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Housing Manager Diane Cotto
Negotiating Party: First Team Real Estate
Under Negotiation: Price and terms of payment
The City Council reconvened in open session at 6:06 p.m.

5. INVOCATION
Pastor Noel Anderson, First Presbyterian Church

6. PLEDGE OF ALLEGIANCE
Led by Michelle Blanco

7. PRESENTATIONS
Proclamation declaring April 2025 as Child Abuse Prevention Month, accepted by Ashley Brooksher, Children's Network Officer.

Proclamation recognizing Police K9 Rudy upon his retirement.

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

9. ORAL COMMUNICATIONS
John Glenn, Rancho Cucamonga, spoke regarding the building code regarding dumpsters in commercial areas being secured and requested that the City not make exceptions to the building code.

Frank Ayala, Upland, spoke regarding safety concerns at several intersections in the City and requested more of a police presence at the intersections.

Avraham, Upland, spoke regarding the current political climate and the rights of citizens.

Joel T., Upland, spoke regarding his dissatisfaction with his experience reporting issues on the City app.

10. CONSENT CALENDAR
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve the Consent Calendar
2

Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of March 10, 2025.
b. CONSIDER RATIFYING AN APPOINTMENT TO THE PUBLIC WORKS

COMMITTEE
Ratify the appointment of Todd D'Braunstein to the Public Works Committee, term to expire in December 2028.
c. TREASURER'S REPORT FEBRUARY 2025
Receive and file the February 2025 Treasurer's Report.
d. CONSIDER APPROVAL OF FEBRUARY WARRANT AND PAYROLL

REGISTERS
Approve the February warrant registers totaling $9,143,021.52 (check numbers 51676 — 52017 and direct disbursements) and payroll registers totaling $1,974,825.91 (check numbers 164156 - 164161 and electronic fund transfers 53107 — 53684).
f. CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF UPLAND AND LWP CLAIMS SOLUTIONS, INC.

Approve a Professional Services Agreement between the City of Upland and LWP Claims Solutions, Inc. (LWP) for the administration of existing workers' compensation claims in an amount not to exceed $75,000; and authorize the City Manager to execute the agreement.
g. CONSIDER APPROVAL OF THE PURCHASE OF A 6" GODWIN NC150S

TRAILER-MOUNTED TRASH PUMP
Approve the purchase of a 6" Godwin NC150S trailer-mounted trash pump from Xylem Dewatering Solutions as a sole-source procurement to enhance emergency response capabilities for wastewater management. e. CONSIDER APPROVAL OF AGREEMENTS WITH THE UPLAND UNIFIED

SCHOOL DISTRICT FOR USE OF ATHLETIC FACILITIES AT GREENBELT AND

MEMORIAL PARKS
This item was removed from the agenda.

11. PUBLIC HEARINGS
a. CONSIDER ZONING CODE AMENDMENT NO. 25-0001 TO AMEND CHAPTER

17.37 AND DETERMINE AMENDMENT IS EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Development Services Director Dalquest introduced Planning Manager Farris who presented the staff report along with a PowerPoint presentation. 3

Development Services Director Dalquest answered questions posed by the Council regarding applications submitted for accessory dwelling units, and the processing and timeline of applications.

Mayor Velto opened the public hearing, and hearing no testimony, Mayor Velto closed the public hearing.

Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Hold first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 17.37 of the Upland Municipal Code regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and determine the Zoning Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17.

Motion: Carried Unanimously

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

CONFERENCE ATTENDANCE
Mayor Velto reported on his attendance at the Omnitrans Board meeting and the Inland Empire Utilities Agency Board meeting.

13. BUSINESS ITEMS

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

15. CITY MANAGER

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 7:04 p.m. The next regularly scheduled City Council meeting is Monday, April 14, 2025.

Keri Johnson, City Clerk
4

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DATE: March 24,2025 Date l t ? TIN TO: MAYOR AND CITY COUNCIL I tern No. ';-� FROM: MICHAEL BLAY,CITY MANAGER J
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

LORALEE FARRIS,PLANNING MANAGER
SUBJECT: CONSIDER ZONING CODE AMENDMENT NO.25-0001 TO AMEND CHAPTER 17.37 AND

DETERMINE AMENDMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL

QUALITY ACT
RECOMMENDED ACTION:

It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 17.37 of the Upland Municipal Code regarding Accessory Dwelling Units(ADUs)and Junior Accessory Dwelling Units(JADUs),and determine the Zoning Code Amendment is Statutorily Exempt from the California Environmental Quality Act(CEQA)pursuant to Public Resources Code Section 21080.17.

GOAL STATEMENT
The proposed action supports the City's goals of maintaining compliance with state law,as well as providing for high quality housing in a range of types, densities, and unit sizes that meet the housing needs of residents of all income levels,promoting equal and fair housing opportunities for all residents, and facilitating the development of a mix of prices,types,and affordability of housing products through the implementation of flexible standards and an efficient permitting process.

BACKGROUND
In recent years, the California Legislature has approved, and the Governor has signed into law numerous bills that impose limits on local authority to regulate ADUs and JADUs.In 2024,the California Legislature approved,and the Governor signed into law,two new bills—Assembly Bill(AB)2533 and Senate Bill(SB) 1211.Both AB 2533 and SB 1211 took effect on January 1,2025.To remain valid,the City's ADU ordinance must be amended to comply with the requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance(See Attachment 1) ensures that the City's ADU ordinance will be consistent with and valid under state law.

On February 26, 2025,the Planning Commission held a noticed public hearing and discussed the City's changes to the ADU and JADU Ordinance. The Commission adopted a Resolution(See Attachment 2) recommending that the City Council adopt the Zoning Code Amendment, amending Upland Municipal Code Chapter 17.37 to address the changes in State law.

ISSUES AND ANALYSIS
The proposed Zoning Code Amendment implements AB 2533 and SB 1211 and have been addressed within the following analysis:

AB 2533—Unpermitted ADUs and JADUs
Subject to limited exceptions, existing State law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1,2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by:
(1)expanding the above prohibition to also include JADUs; (2)moving the construction-cutoff date from January 1,2018,to January 1,2020;and

(3)replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3(Substandard Buildings). (See amended Gov. Code, § 66332(a)—(f).)
SB 1211—Replacement Parking Requirements;Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage,carport,or covered parking structure is demolished in conjunction with the construction of,or conversion to,an ADU.

SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov.Code,§ 66314(d)(11).) Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure.

Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within "portions of existing multifamily dwelling structures that are not used as livable space,including,but not limited to, storage rooms,boiler rooms,passageways,attics,basements, or garages ...."The term"livable space"is not defined by existing state ADU law.

SB 1211 changes this by adding a new definition: "`Livable space' means a space in a dwelling intended for human habitation,including living,sleeping,eating,cooking,or sanitation."(See amended Gov.Code,§ 66313(e).) SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have.

Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight (8) detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. [See amended Gov. Code, § 66323(a)(4)(A)(ii)]. However, SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have—the limit remains at two. (See amended Gov.Code,§ 66323(a)(4).) A legislative copy of the ordinance,indicating the amendments in redline,has been included as Attachment 3.

ENVIRONMENTAL DETERMINATION
Under California Public Resources Code Section 21080.17,CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code,which is California's ADU law and which also regulates JADUs, as defined by Section 66313. Therefore,the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

FISCAL IMPACTS
There is no fiscal impact associated with approving the proposed Zoning Code Amendment.ADUs and JADUs will continue to be subject to the adopted application and permit fees to cover staffs cost in processing the approval of the permits.

ALTERNATIVES
The City Council may provide staff with alternative direction.

CEQA:Determine to be Exempt.

ORDINANCE NO. 1993

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND AMENDING CHAPTER 17.37 OF THE CITY OF

UPLAND MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) GUIDELINES UNDER PUBLIC RESOURCES
CODE § 21080.17
WHEREAS, the City of Upland, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533") and Senate Bill 1211 ("SB 1211"), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City's ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533's and SB 1211's changes to state law; and
WHEREAS, on February 26, 2025 at 6:30 p.m. the Planning Commission conducted a duly-noticed public hearing for the ordinance, as prescribed by law, and heard and considered both oral and written evidence and adopted Resolution No. 5022 recommending that the City Council adopt an Ordinance amending Chapter 17.37 of the City of Upland Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS, a notice of a public hearing on said application has been given in the manner and for the time required by law; and WHEREAS, on March 24, 2025 at 6:00 p.m. the City Council conducted a duly noticed public hearing for the project, as prescribed by law, heard and considered both oral and written evidence, and considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Ordinance No. 1993

WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference and adopted as findings by the City Council.

Section 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:

1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.

Evidence: The proposed Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and goals:

A. Land Use Policy LU-1.5 and Housing Element Policy HE-2.2: Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.

Fact: The proposed Ordinance is consistent with policies in the Land Use and Housing Elements that provide high-quality housing in a range of types, by setting objective development standards for ADUs and JADUs that are consistent with state law while also providing for a housing type that meets the needs of residents of all income levels.

B. Housing Element - Program 9 - Accessory Dwelling Units - Objective: Review State ADU law annually and process amendments to local regulations as necessary to ensure conformance with current law.

Fact: The proposed ordinance meets the objective under Program 9 of the Housing Element, as it specifically involves a review of State ADU law and the processing of amendments to local regulations to ensure conformance with current law.

Ordinance No. 1993

2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.

Evidence: The proposed Ordinance is in the interest of public interest, health, safety, and welfare of the City for several reasons, and will not be detrimental. The City has an interest, as emphasized in the General Plan, in ensuring consistency of their ordinances with state law, and the amendments incorporated contain changes adopted into the California Government Code, effective as of January 1, 2025.

3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

Evidence: The proposed amendment does not conflict with any other sections of the Zoning Ordinance.

Section 4. Chapter 17.37 of the Upland Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.

Section 7. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 8. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance 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 Ordinance 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.

PASSED, APPROVED, AND ADOPTED this 14th day of April, 2025.

Bill Velto, Mayor

Ordinance No. 1993

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 24th of March, 2025, and was adopted at a regular meeting of the City Council of the City of Upland on the 14th day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Exhibit A
Ordinance No. 1993

Title 17. Zoning Ordinance
Part 4. Special Land Use Regulations
Chapter 17.37. ACCESSORY DWELLING UNITS
§ 17.37.010. Purpose.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 17.37.020. Effect of Conforming.

An ADU or JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot or property on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy,or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section 17.37.030 below.

This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. § 17.37.030. Definitions.

As used in this chapter, the following terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Attached ADU" means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares a common wall with the primary dwelling. An attached ADU does not

Ordinance No. 1993

include a manufactured home.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Detached ADU"means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling. "Director" means the Development Services Director or designee. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Existing structure" means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. "Junior accessory dwelling unit" or"JADU" means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet in size;

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;

4. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and

5. It includes an efficiency kitchen, as defined in this section. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Primary dwelling" means the existing or proposed single-family dwelling on the lot where an ADU would be located.

Ordinance No. 1993

"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
§ 17.37.040. Approvals.

The following approvals apply to ADUs and JADUs under this chapter:

A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.37.050 below, it is allowed with only a building permit in the following scenarios:

1. Converted on Single-Family Lot. Only one ADU as described in subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and b. Has exterior access that is independent of that for the single-family dwelling; and c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
d. The JADU complies with the requirements of Government Code Sections 66333 through 66339.

2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1)above), if the detached ADU satisfies the following limitations:
a. The side-and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller. c. The peak height above grade does not exceed the applicable height limit in Section

17.37.050(B) below.

3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for a dwelling. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

Ordinance No. 1993

4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following:
a. The side-and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b. The peak height above grade does not exceed the applicable height limit provided in Section 17.37.050(B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall not exceed the number of multifamily dwelling units on the lot.

B. ADU Permit.

1. Except as allowed under subsection A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 17.37.050 and 17.37.060 below.

2. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Development Services Department and approved by the City Council by resolution.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerial without discretionary review or a hearing.

3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.

Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(2) above.

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

Ordinance No. 1993

§ 17.37.050. General ADU and JADU Requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section

17.37.040(A) or(B) above:

A. Zoning.

1. An ADU subject only to a building permit under Section 17.37.040(A) above may be created on a lot in a residential or mixed-use zone.

2. An ADU subject to an ADU permit under Section 17.37.040(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B. Height.

1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.

5. For purposes of this subsection B, height is measured above existing legal grade to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot)or from the lot and all of the dwellings (in the case of a multifamily lot).

Ordinance No. 1993

F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. ADUs created under this section on or after January 1, 2020 are not subject to any owner-occupancy requirement.

2. As required by State law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (G)(3) does not apply if the property is entirely owned by another government agency, land trust, or housing organization.

H. Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by,for example, removal of the kitchen facilities.To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner,and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

I. Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and66330, the following requirements shall be satisfied:

1. With the building permit application, the applicant shall provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

2. Within 90 days after January 1st of each year following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If

Ordinance No. 1993

the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30- day period, the City may enforce this provision in accordance with applicable law.

J. Building and Safety.

1. Must Comply with Building Code. Subject to subsection (J)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (J)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. § 17.37.060. Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under Section

17.37.040(B) above.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

B. Setbacks.

1. ADUs that are subject to this section must conform to a minimum 4-foot side yard and rear yard setbacks. ADUs that are subject to this section must also conform to a minimum 25- foot front-yard setback, subject to subsection (A)(3)above.

2. The setback on the street side of a corner lot must be a minimum of 15 feet, subject to subsection (A)(3) above.

3. All corner lots shall provide and maintain a clear vision triangle at the intersection of streets' right-of-way for the purpose of traffic safety.

4. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Lot Coverage.

1. No ADU subject to this section that is located in the RS-15 or RS-20 zone shall cause the

Ordinance No. 1993

total lot coverage of the lot to exceed 35 percent, subject to subsection (A)(3) above.

2. No ADU subject to this section that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (A)(3).

3. No ADU subject to this section that is located in the RS-7.5 zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

4. No ADU subject to this section that is located in the RS-4 zone shall cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (A)(3).

5. No ADU subject to this section that is located in the B/R-MU zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

D. Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM- 20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements, subject to subsection (A)(3):

1. Private Outdoor Living Space. Private open space shall be provided at a ratio of 100 square feet per dwelling unit, with a minimum dimension of eight feet on any side and a configuration that would accommodate a rectangle of at least 100 square feet.

2. Common Outdoor Living Space. Common open space shall be provided at a ratio of 250 square feet per dwelling unit. Common open space shall be at least 25 feet clear on any side.
a. Portions of setbacks (excluding the front yard setback) that are contiguous with and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of such space. Driveways and parking areas shall not be included in calculations of outdoor living space.
b. The review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open space or open space on site for public use that results in the same total open space square footage as otherwise required.

E. Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.

F. Parking.

1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.37.030 (Definitions) above.

2. Exceptions. No parking under subsection (F)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.37.030 (Definitions) above.
b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an accessory structure under Section 17.37.040(A)(1) above.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the

Ordinance No. 1993

ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(2)(a)though (e) above.

3. No Replacement. When a garage, carport, or covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

G. Architectural and Design Requirements.

1. Roof.
a. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. b. All eave and gable overhangs must be at least 12 inches, unless designed to match the primary unit.

2. Design.
a. The materials, textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing or walls with a minimum height of five feet, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

3. Building Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

4. Parking Space Dimensions.
a. Each unenclosed parking space must be at least nine feet wide by 19 feet deep. b. Each parking space that is provided within an enclosed garage must be at least 10 feet wide by 20 feet deep.

5. Balconies and Roof Decks.
a. Balconies are prohibited on an attached ADU.
b. Roof decks are prohibited on attached and detached ADUs, and accessory structures and garages converted to an ADU.

6. Lighting. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

H. Landscape Requirements.

1. Plant specimens must be at least five feet tall when installed. As an alternative, a solid fence of at least five feet in height may be installed.

Ordinance No. 1993

2. All new landscaping must be drought-tolerant.

I. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

J. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section

17.37.050(B)(4).
§ 17.37.070. Fees.

The following requirements apply to all ADUs that are approved under Section 17.37.040(A) (Building Permit Only) and 17.37.040(B) (ADU Permit) above.

A. Impact Fees.

1. No impact fee is required for an ADU that is less than 750 square feet in size.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit(e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

3. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b))and a fee under the Quimby Act(Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

B. Utility Fees.

1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection (B)(1)of this section, converted ADUs on a single-family lot that are created under Section 17.37.040(A)(1) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU and the utility and for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture-units (DFU)values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 17.37.080. Nonconforming Zoning Code Conditions, Building

Ordinance No. 1993

Code Violations, and Unpermitted Structures.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs and JADUs constructed Before 2020.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or b. The ADU or JADU does not comply with the State ADU or JADU law (Government Code Section 66332) or this ADU ordinance (Chapter 17.37).

2. Exceptions.
a. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3. b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. § 17.37.090. Nonconforming ADUs and Discretionary
Approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections

17.37.010 to 17.37.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

4��a �p19� CITY UPLAND
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DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: ANNUAL CITY ETHICS REVIEW
RECOMMENDED ACTION:

It is recommended that the City Council receive and file this report on the annual city ethics review.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining high ethical standards for staff and elected officials.

BACKGROUND
In 2011, the Upland City Council established Municipal Code Section 2.56 — Code of Ethics and Conduct. This chapter defines the scope and purpose of an ethical code of conduct, examples of prohibited conduct, and penalties for unethical behavior.

Section 2.56.090 of the code requires an annual review of the effectiveness of this policy by the City Council and presented by the City Manager.

ISSUES AND ANALYSIS
The creation and maintenance of an ethical culture is imperative to a successful municipal government. As such,the Upland City Council and Executive Staff recognize that ongoing modeling, training, and leadership is required to maintain a foundation of ethics.

Every elected official and public employee who makes or influences governmental decisions is required to submit a Statement of Economic Interest known as Form 700. In addition,AB 1234 Chapter 700 requires cities,counties,and special districts to provide ethics training to these same officials.

As such,in December 2024 all elected officials and designated employees that are required to submit a Form 700,and had not completed a minimum of two hours of ethics training within the prior two years were offered training provided by our Assistant City Attorney Thomas Rice. Anyone who could not attend that training completed the two-hour online training course provided by the Fair Political Practices Commission. The city had 100% compliance among city officials and designated employees for this training.

In February 2025 all remaining Upland City Employees were required to complete an online ethics training course provided by the City's risk management partner Vector Solutions. Course topics include: Ethics and Money,Ethics and Co-Workers,Scenario-based training,and a final assessment. At this time, 100%of all City staff have completed the required training.

Maintaining an ethical culture is the responsibility of every employee and appropriate systems are in place for the reporting and investigation of unethical conduct.

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.

• �p
4�� 19� CITY UPLAND
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DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF

CLIFF MATHEWS,POLICE CAPTAIN

BRYCE MILAKOVICH,POLICE SERGEANT
SUBJECT: CONSIDER ADOPTING A RESOLUTION UPDATING THE ADMINISTRATIVE FINE

SCHEDULE
RECOMMENDED ACTION:

It is recommended the City Council adopt a Resolution establishing Administrative Fines for violations of the Upland Municipal Code and replacing the existing Administrative Fine Schedule.

GOAL STATEMENT
The proposed action supports the City's desire to be fair, uniform, and consistent with administering fines for infractions and misdemeanors, while remaining within the guidelines of California state law pursuant to California Government Codes 53069.4,36900,and 36901.

BACKGROUND
The current Administrative Fine Schedule includes varied fines for different types of violations,ranging from building and landscaping violations to business licenses,signage,and other ordinance infractions.Currently,the fines for these violations are inconsistent,with certain infractions carrying higher fines than others, even for seemingly comparable violations.

An example of some violations showing variable initial fines listed below:
• Inoperative vehicle in public view: $50(Misdemeanor) • Animals causing noise disturbance: $100(Infraction for the first three violations) • Failure to procure a business license: $25 (Misdemeanor) • Animals without a leash: $100(Infraction)
• Live Entertainment-Without Obtaining Permit$250(Misdemeanor) • Noises Prohibited-Unnecessary Standard: $150(Misdemeanor) • Unnecessary noise-excessive: $200(Misdemeanor)
Such inconsistencies may make it difficult for the public to understand the relative seriousness of different violations and may unintentionally undermine the perceived fairness and transparency of the city's fine structure. A new Administrative Fine Schedule would establish a fair, uniform, and transparent approach for violations in the same category.The new schedule would balance the needs of enforcement and compliance with the financial burden of the public,while aligning with California state law.

ISSUES AND ANALYSIS
The proposed Administrative Fine Schedule aims to address these concerns by establishing a more uniform, predictable,and equitable system of penalties for violations. This new schedule aligns with the standards set forth in California Government Code Sections 53069.4, 36900, and 36901. It introduces a tiered fine structure based on the nature of the violation,whether it constitutes a misdemeanor or an infraction,and whether the violation is a repeated offense. Specifically,for violations that constitute misdemeanors,the fine for a first violation will be set at$250,with subsequent violations within one year resulting in fines of$500 for a second violation and$1,000 for each additional violation within one year. For infractions,fines will start at$100 for a first violation,escalating to$200 for a second violation within one year,and$500 for subsequent violations within one year.This ensures that fines are proportionate to the seriousness and frequency of the offense, encouraging compliance and deterring repeated violations. The new

schedule also introduces specific penalties for high-priority violations such as short-term rental infractions,which will be subject to significantly higher fines.For instance,a first violation of short-term rental regulations will carry a fine of$1,500,rising to$3,000 for a second violation within one year,and$5,000 for each additional violation within the one-year time frame.Similarly,violations of Title 15(Building Code)will begin at$130 for a first violation,$700 for a second violation of the same ordinance within one year of the first violation, $1,300 for each additional violation of the same ordinance within one year of the first violation,and$2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. Fireworks-related offenses, including those under Chapter 8.28.040 and 8.28.050, will also be subject to a standardized fine structure, with$1,000 for each violation of illegal fireworks and$500 for violations related to"Safe and Sane"fireworks.

Another important aspect of the proposed schedule is the inclusion of a late fee penalty for unpaid administrative citations. If a fine remains unpaid for 90 days after the due date, a late fee in the amount of 50 percent of the administrative fine shall be accessed to the citee. If a fine pursuant to an administrative citation remains unpaid for more than 90 days after the due date, a late fee in the amount of 100 percent of the overdue administrative fine shall be assessed to the citee.In the event the citee requests an administrative hearing pursuant to section 1.22.060,the late penalty will be assessed if the fine remains unpaid sixty days after final decision by the hearing officer.

Furthermore,the provisions for grace periods will remain the same as the previous resolution, which are detailed in Exhibit A. These grace periods vary depending on the type of violation and the circumstances, ensuring that enforcement remains fair and reasonable.

By adopting this new fine schedule, the city will create a clearer and more consistent enforcement process, while ensuring that fines remain within the boundaries of state law. This approach will not only promote compliance but also ensure that the public is treated equitably. It is recommended that the City Council approve the new Administrative Fine Schedule as presented to enhance the efficiency and fairness of the city's enforcement activities.

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
While the primary goal of the new Administrative Fine Schedule is to promote compliance rather than revenue generation,it is anticipated that the revised structure will generate increased revenue for the City. However,the overall fiscal impact will depend on compliance rates and the volume of citations issued. Additionally, the introduction of late fees for unpaid fines will help ensure timely payment and may provide an additional revenue stream. Any revenue generated from administrative fines will be allocated to cover enforcement-related costs, including administrative processing,hearings,and legal expenses.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND ESTABLISHING ADMINISTRATIVE FINES FOR

VIOLATIONS OF THE UPLAND MUNICIPAL CODE AND

REPLACING THE EXISTING ADMINISTRATIVE FINE

SCHEDULE
WHEREAS, pursuant to authority provided by California Government Code Section 53069.4, the City Council has adopted Chapter 1.22 of the Upland Municipal Code, declaring any violation of the Upland Municipal Code subject to an administrative citation and fine;
WHEREAS, California Government Code Sections 53069.4, 36900 and 36901 establish limits on the amount of administrative fines which can be levied for such violations; and
WHEREAS, the City desires to set fine amounts within the limits of State law, balancing the need to incentivize compliance with impacts on those cited.

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

Section 1. Administrative fines for violations of the Upland Municipal Code shall be as follows:

For violations that would otherwise constitute Misdemeanors:

First violation $250.00
Second violation of the same within $500.00
one year of the first violation
Each additional violation of the $1000.00
same within one year of the first
violation
For violations that would otherwise constitute Infractions and when no other Infraction fines below apply:

First violation $100.00
Second violation of the same $200.00
within one year of the first violation
Each addition violation of the same $500.00
within one year of the first violation

Resolution No.

For violations of Chapter 17.23.1 of the Upland Municipal Code Regarding Short Term Rentals that would otherwise constitute Infractions:

First violation $1500.00
Second violation of the same section of $3000.00
the Upland Municipal Code within one
year of the first violation
Each additional violation of the $5000.00
same section of the Upland Municipal
Code within one year of the first
violation
For violations of Title 15 of the Upland Municipal Code that would otherwise constitute Infractions:

First violation $130.00
Second violation of the same section of $700.00
the Upland Municipal Code within one
year of the first violation
Each additional violation of the $1300.00
same section of the Upland Municipal
Code within one year of the first
violation
Each additional violation of the same $2500.00
section of the Upland Municipal Code
within two years of the first violation if
(1) the property is a commercial
property that has an existing building
at the time of the violation and (2) the
violation is due to failure by the owner
to remove visible refuse or failure to
prohibit unauthorized use of the
property
For violations of Chapter 8.28.040 and 8.28.050 of the Upland Municipal Code Regarding Fireworks that would otherwise constitute Misdemeanors:

Illegal Fireworks. First, second and $1000.00
subsequent violations of the same
section of the Upland Municipal Code
Illegal use of "Safe and Sane" Fireworks. $500.00
First, second and subsequent violations
of the same section of the Upland
Municipal Code

Resolution No.

Section 2. Late Fees for Administrative Fines: If a fine imposed pursuant to an administrative citation remains unpaid for less than ninety days after the due date, a late fee in the amount of 50 percent of the initial administrative fine shall be accessed. If a fine pursuant to an administrative citation remains unpaid for more than 90 days after the due date, a late fee in the amount of 100 percent of the overdue administrative fine shall be assessed to the citee. In the event the citee requests an administrative hearing pursuant to section 1.22.060, the late penalty will be assessed if the fine remains unpaid sixty days after final decision by the hearing officer, as provided herein.

Section 3. The Administrative Fine Schedule Grace Period is attached as Exhibit A to this Resolution.

Section 4. All previous resolutions establishing administrative fines for violations of the Upland Municipal Code are repealed and replaced with this Resolution.

Section 5. Certification. 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 30 days after the date of adoption.

PASSED, APPROVED and ADOPTED this 14th day of April, 2025.

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 April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

EXHIBIT A
Administrative Fine Schedule Grace Period
Pursuant to UMC section 1.22.040, a party is entitled to a reasonable opportunity to correct continuing or ongoing violations that do not constitute a continuing violation, that do not create an immediate danger, and that are not the result of the illegal cultivation of cannabis as designated herein ("Grace Period"). Any violation of the UMC entitled to a Grace Period that is not otherwise designated herein shall be entitled a Grace Period of at least three days.

Code Brief Description of Violation Grace
Period

5.02.010 Business License—Illegal Businesses(Non- 1 Day — Cannabis Related)

5.02.010 Business License—Illegal Businesses(Cannabis N/A Related)

5.04.090(A) Business License—Failure to Procure License 30 Days

5.16.020 Gambling Devices N/A

5.28.010 Solicitor,Canvasser or Peddler—Failure to 5 Days Procure License

5.40.020 Outdoor Festival—Failure to Procure License N/A

5.44.020 Dwelling Unit Construction—Failure to Procure 5 Days License

5.48.030 Residential Property Transactions—Failure to N/A Deliver Report of Residential Property

5.60.210(A)—(C) Massage—Prohibited Services N/A

5.60.050(A)—(Q) Massage—Failure to Abide by Operating 5 Days Requirements

6.04.120(A) Animals—Without A Leash N/A

6.04.140 Animals—Causing Noise Disturbance N/A

8.12.020(A) Nuisance—Improper Drainage 15 Days

8.12.020(B)(1) Nuisance—Accumulation of Discards and 15 Days Rubbish

8.12.020(B)(2) Nuisance—Accumulation of Building Materials 15 Days

8.12.020(B)(3) Nuisance—Accumulation of Firewood 15 Days

8.12.020(C) Nuisance—Commercial Vehicles Stored on 15 Days Residential Property

8.12.020(D)(1) Nuisance—Dead or Hazardous Vegetation 15 Days

8.12.020(D)(2) Nuisance—Overgrown Weeds 15 Days

8.12.020(D)(3) Nuisance—Inadequate Landscaping 15 Days

8.12.020(D)(4) Nuisance—Unmaintained Landscaping 15 Days

ADMINISTRATIVE FINE SCHEDULE GRACE PERIOD
— 1 of 5—

EXHIBIT A

8.12.020(E)(1) Nuisance—Partially Destroyed or Incomplete 15 Days _ Construction

8.12.020(E)(3) Nuisance—Deteriorating Paint or Unpainted 15 Days Surface

8.12.020(E)(4) Nuisance—Roofs with Loose Shingles 15 Days

8.12.020(E)(5) Nuisance—Broken Windows and Doors 15 Days

8.12.020(E)(6) Nuisance—Defective Steps,Rails,Walls, 15 Days Driveways

8.12.020(E)(7) Nuisance—Defective Garage Doors 15 Days

8.12.020(E)(8) Nuisance—Premise Detrimental to Health and N/A Safety

8.12.020(E)(9) Nuisance—Graffiti on Premises 15 Days

8.12.020(E)(10) Nuisance—Blight 15 Days

8.12.020(F) Nuisance—Parking of Vehicles 15 Days

8.12.020(G) Nuisance—Inoperative Vehicles 15 Days

8.12.020(H) Nuisance—Unmaintained Swimming Pools and 15 Days _ Ponds

8.12.020(I) Nuisance—Accumulation of Dirt and Debris 15 Days —

8.20.010(A)(1) Attractive Nuisance—Abandoned Vehicles 3 Days

9.04.070 Human Waste—Bodily Waste in Public Place N/A

9.04.110(C) Trespass Upon Private Property N/A

9.08.020 Gambling Betting N/A

9.12.030(A) Juvenile Curfew Violations N/A

9.12.060 Juvenile Curfew Violations—Responsibility of N/A Guardian

9.12.080(C) Distribution of Harmful Materials to Minor N/A

9.16.020(A) Alcoholic Beverages—Drinking in Public N/A

9.16.020(B) Alcoholic Beverages—Intoxication in Public N/A

9.16.030 Alcoholic Beverages—Possession or N/A
Consumption in Public Park

9.24.020 Firearms—Discharge of Firearm or Weapon N/A

9.24.030 Firearms—Minor in Possession of Firearm or N/A Weapon

9.28.020 Live Entertainment—Without Obtaining Permit 3 Days

9.36.040 Graffiti—Application thereof N/A

ADMINISTRATIVE FINE SCHEDULE GRACE PERIOD
—2 of 5—

EXHIBIT A

9.36.050 Defacing Public Buildings N/A

9.36.060 Graffiti—Possession of Graffiti Implements N/A

9.36.090 Maintaining Graffiti Unlawful—Public Nuisance 15 Days

9.40.060 Unnecessary Noise—Excessive N/A

9.40.100 Noises Prohibited—Unnecessary Noise Standard N/A

9.48.040 Marijuana—All Prohibited Marijuana Use and N/A Activity

9.48.050 Marijuana—Unlawful Use of Structure or N/A Property

9.52.030 Synthetic Drug—Sale and Distribution Thereof N/A

9.52.050 Synthetic Drug—Possession Thereof N/A

10.36.050 Vehicles and Traffic—Use of Street for Storage 5 Days of Vehicles

10.36.060 Vehicles and Traffic—Repairing or Maintaining N/A Vehicles on Public Street

10.68.010 Vehicles and Traffic—Vegetation that Obstructs 10 Days _ View of Vehicular Traffic

10.72.010(A) Vehicles and Traffic—Use of Skateboard or N/A Similar Device to Travel on Roadway

10.72.010(B) Vehicles and Traffic—Use of Skateboard or N/A Similar Device on Property with Signs
Prohibiting Such Acts

12.08.010(A) Street Excavations—Failure to Obtain Permit N/A

12.08.060(A) Street Closures—Failure to Obtain Permit N/A

12.16.010 Sidewalk or Street—Use for Display of Goods N/A

12.16.040 Sidewalk or Street—Pool Discharge into Streets N/A

12.16.050 Sidewalk or Street—Encroaching Vegetation 15 Days

12.16.060 Sidewalk or Street—Animals Tethered in Public N/A Place

12.16.070 Sidewalk or Street—Riding Bicycle in Street N/A

12.16.080 Sidewalk or Street—Littering N/A

12.24.060 Allowable Objects and Plantings in the Public- 15 Days Right-of-Way

12.24.110 Sidewalk or Street—Maintenance of Trees in the 10 Days Public Right of Trees

12.24.130 Sidewalk or Street—Maintenance of Property 10 Days Landscaping

12.36.050(A-Q) Sidewalk or Street—Failure to Abide by N/A Skateboard Park Regulations

12.40.030(A) Sidewalk or Street—Camping in Public Areas N/A

ADMINISTRATIVE FINE SCHEDULE GRACE PERIOD
—3 of 5—

EXHIBIT A

12.44.040 Sidewalk or Street—Permit Required for Use of N/A Park Facilities

13.12.060(B) Water Service Regulations—Failure to Place N/A Utility Service Account in Property Owner's
Name

13.16.020(A)(1) Public Services—Failure to Conserve Water N/A

13.24.130 Public Services—Failure to Obtain Permit to 30 Days Connect to Public Sewer
' 13.28.510 Public Services—Garbage Containers in Public 10 Days View

13.32.190 Community Sewer System—Nondomestic 10 Days Wastewater Discharge

13.32.280 Community Sewer System—Compliance 10 Days Monitoring,Sampling,&Inspection

15.08.010 Building Code—Violation of Building Codes 30 Days

15.08.070 Building Code—Failure to Enclose Swimming 30 Days Pools

15.12.010 Mechanical Code—Unpermitted Mechanical 30 Days Work

15.14.010 Residential Code—Violation of Residential 30 Days Codes

15.16.010 Housing Code—Violation of Housing Codes 30 Days

15.20.010 Abatement of Dangerous Buildings Code— 30 Days _ Violation of the Codes

15.24.010 Plumbing Code—Unpermitted Plumbing Work 30 Days

15.28.010 Electrical Code—Unpermitted Electrical Work 30 Days

15.40.080 Address Numbering of Curb and Structures— 15 Days Size,Color,and Location

15.52.030 Building Code—Failure to Obtain Grading 30 Days Permits

15.56.080 Building Code—Failure to Obtain Development 30 Days Permit

17.13.040 Height Limits 15 Days

17.40.030 Light Trespass 15 Days

17.15.030 Signs—Failure to Obtain Permits 30 Days

17.15.050(C) Signs—Prohibited Vehicle Signs 30 Days

17.15.050(E) Signs—Prohibited Roof Signs 30 Days

17.15.050(D) Signs—Temporary Signs 30 Days

17.15.060(A) Signs—Prohibited On-Premise Signs 30 Days

17.15.060(B) Signs—Prohibited Off-Premise Signs 30 Days

17.15.080(E) Signs—Prohibited Signs Over Rights of Way 30 Days

ADMINISTRATIVE FINE SCHEDULE GRACE PERIOD
—4 of 5—

EXHIBIT A

17.15.110 Temporary Real Estate Signs N/A

17.15.130 Political Campaign Signs 1 Day
—

17.15.150 Flags,Banners,Pennants,Balloons,Window and 1 Day Interior Signs
' 17.16.030 Zoning Ordinance—Excessive Storage in Yards 30 Days

17.16.050(B)(1-9) Zoning Ordinance—Unmaintained Structures 30 Days

17.16.050(C) Zoning Ordinance—Damaged Structures 30 Days

17.16.060 Zoning Ordinance—Fence and Wall 30 Days
Maintenance

17.16.080 Zoning Ordinance—Unmaintained Landscaping 30 Days

17.19.050 Zoning Ordinance—Accessory Uses and 30 Days Structures in Residential Zones

17.34.040 Parking, Storage,and Screening 3 Days

ADMINISTRATIVE FINE SCHEDULE GRACE PERIOD
—5 of 5—

trpl" CITY FUPLAND
"The City of Gracious Living"
C�tIFOB�Sc_staff`krctill
DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

NICOLE DEMOET,ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER

TANYA GARCIA,MANAGEMENT ANALYST
SUBJECT: ACCEPT GRANT FUNDS FOR HOUSEHOLD HAZARDOUS WASTE PROGRAM AWARD RECOMMENDED ACTION:

It is recommended that the City Council approve and authorize the acceptance of grant funds in the amount of$50,000 from the California Department of Resources Recycling and Recovery(CalRecycle)for the Small and Large Project Discretionary Fund Grants under the HD43 Cycle and authorize the execution of all necessary agreements with CalRecycle.

GOAL STATEMENT
The proposed action supports the City's goal of actively pursuing grant funding opportunities to enhance local programs and services.

BACKGROUND
CalRecycle annually provides grant funding to assist public and private entities in the effective management of Household Hazardous Waste (HHW) programs. These programs offer comprehensive services, including the collection,packaging,transportation,re-use,recycling,and environmentally safe disposal of hazardous waste.

The HHW Section plays a crucial role in managing household hazardous waste at the local level. Within San Bernardino County,twenty-two cities and two towns contract with the San Bernardino County Fire Department for HHW management.The City of Upland is one of fourteen sites collecting HHW,requiring ongoing maintenance and operational improvements.

ISSUES AND ANALYSIS
The CalRecycle Discretionary Fund Grants provide financial assistance for HHW programs,with small project grants offering up to$50,000.The City previously applied for this grant and has now been awarded funding under the HD43 Cycle.

Grant funds will be used to enhance HHW facilities, purchase necessary equipment and supplies, and improve operations for the benefit of the community.The grant does not require matching funds,and all costs must be incurred within the identified program term.

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, and the acceptance of grant funds does not meet the definition of a "project,"making it exempt.

FISCAL IMPACTS
Grant funds in the amount of$50,000 will be available in the CalRecycle FY 2024-25 Project Account No.40104.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

State of California - California Environmental Department of Resources Recycling and Protection Agency Recovery (CalRecycle)
CalRecycle 110 (Rev 10/19)
Grant Agreement Cover Sheet
Grant Number
H D43-24-0080
Name of Grant Program
2024-25 Household Hazardous Waste Discretionary Grants
Grantee Name
City of Upland
Taxpayer's Federal Employer Identification Number
Total Grant not to Exceed
$50,000.00
Start of Grant Term
Notice to Proceed Email Date
End of Grant Term
February 29, 2028
The Department of Resources Recycling and Recovery (CalRecycle) and City of Upland (the "Grantee"), in mutual consideration of the promises made herein, agree to comply with the provisions of this Agreement, which consists of this Grant Agreement Cover Sheet and the following Exhibits, which are incorporated by this reference and made a part of this Agreement as if attached hereto:

Exhibit A— Terms and Conditions
Exhibit B — Procedures and Requirements
Exhibit C —Application with revisions, if any, and any amendments This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives written approval from CalRecycle. In witness whereof, the parties hereto have executed this Agreement as of the dates entered below.

H D43-24-0080
City of Upland Page 40 of 159

Department/Grantor Name Grantee Name
CalRecycle City of Upland
Signature of CalRecycle's Authorized Signature of Grantee's Authorized Signatory Signatory (as authorized in Resolution, Letter of Commitment, or Letter of Designation)
Digitally signed by Brandy Hunt
chael Blay
X Brandy Hunt Date:08 00?025.02.05 10:10:50 M i c h a e I B I a y DatDigle: 025 02 04tally signed y 15:21:47 08 00' Printed Name of CalRecycle's Authorized Printed Name of Grantee's Authorized Signatory Signatory
Brandy Hunt Michael Blay
Title Title
Deputy Director, CalRecycle City Manager
Date Date
Feb 5, 2025 Feb 4, 2025
Grantee Payment Address
Public Works
460 N Euclid Ave
Upland , CA 91786
Revised Grantee Payment Address (if needed)
1 1
1

H D43-24-0080
City of Upland Page 41 of 159

Certification of Funding
Amount Encumbered by Prior Amount Encumbered for Total Amount this Agreement this Agreement Encumbered to Date _ $50,000.00 $50,000.00
Grant Year/Program Chapter Statute Year
2024-25 Household
Hazardous Waste 22 2024
Discretionary Grants
Org Code Reference Fund
3970 101 0387

Enactment Year Fiscal Year Fund Title
2024 2024-25 IWMA
Fi$CaI Expenditure Information
Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account 39707820 3700000224 5432000
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

Signature of CalRecycle Budget Office Date
Mae O'Neal Digitally signed by Mae O'Neal Jan 31 2OZS Date:2025.01.31 09:49:19-08'00'

H D43-24-0080
City of Upland Page 42 of 159

4��a �p19� CITY UPLAND
�5, _�• "The City of Gracious Living"
_1.1. Staff i
C�tIFOB�S
DATE: March 24,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

ED DIGGS,INTERIM UTILITY MANAGER

NORBERTO FERREIRA,ACTING UTILITIES MANAGER

MICHELLE MADRIZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH EAGLE

AERIAL SOLUTIONS FOR WATERVIEW SOFTWARE
RECOMMENDED ACTION:

It is recommended that the City Council approve a sole-source professional services agreement with Eagle Aerial Solutions, for a five-year subscription and technical support agreement for WaterView Software and Services; and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action aligns with the City's goal of ensuring compliance with California's water conservation regulations, Senate Bill 606 and Assembly Bill 1668,collectively known as the "Making Water Conservation a Way of Life Regulation." This legislation establishes a regulatory framework designed to achieve long-term water use efficiency in response to climate change and more frequent and severe droughts in California.

BACKGROUND
In 2018, Senate Bill 606 and Assembly Bill 1668 were passed to determine efficient uses of California's limit water resource. As part of this legislation, a Water Use Objective and long-term standards are determined for each urban water supplier,which will act as a budget-based water use target.Five elements are combined to create the supplier's Water Use Objective: indoor residential water use, outdoor residential water use, commercial, industrial, and institutional(CII)irrigation with dedicated meters,water loss,and other unique local uses or adjustments if applicable.

Eagle Aerial Solutions(EAS)has developed WaterView,a software tool that consolidates all of the five elements and calculates the water budget for each parcel. This information contributes to the City's overall Water Use Objective.

The software enables staff to assess whether the calculated water budget is accurate and identifies if additional variance requests are necessary. Individual customers will not be required to adhere to a water budget. The software provides overall usage data for the entire City,assisting in identifying areas of improvement to meet the necessary compliance threshold as outlined in SB 606 and SB 1668.

ISSUES AND ANALYSIS
Eagle Aerial Solutions has custom-designed and developed WaterView to help water utilities meet the water usage efficiency and allocation requirements established under SB606 and AB 1668legislation.Eagle Aerial Solutions is the sole producer and distributor of the software. The Landscape Area Measurement (LAM) data Department of Water Resources (DWR) released to all the urban water suppliers statewide is a foundational piece of the legislation. The Eagle Aerial/NV5 team produced the LAM data for the DWR. Because conservation and reporting requirements are complex,EAS's direct involvement allows them the ability to fine-tune WaterView as requirements evolve.

Below are some of the key features that EAS combines to streamline water usage monitoring and data collection for reporting.
• Track and Analyze Water Use: The software monitors how much water is being used across the city at a detailed level. The laws require local agencies to report on their annual water use objectives and conservation efforts.

•Identify Trends:The software analyzes and spots patterns in water use and detects issues with overuse in homes and businesses. This will help Upland plan targeted water conservation and efficiency outreach programs and assess their effectiveness.
•Meet Water Use Goals: The software helps Upland comply with its water use objectives set by State laws and plans where to make improvements to the water system,
• Manage Annual Reporting: The software creates reports required by the State that show if Upland is in compliance with its water objectives and conservation efforts.

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

FISCAL IMPACTS
The five-year WaterView Subscription, Set-up fee, and CII Pathway Plan contract totals $361,050. The first-year subscription totals $42,390 with available funds in the Water Utility Conservation Contract Services Account No. 6406208-5253.

Funding in future years will be included as a part of the biennial budget process.

Upland&Eagle Aerial Solution-WaterView 5-Year Agreement FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Year 1 Year 2 Year 3 Year 4 Year 5 Total
WaterView
Software $42,390.00 $42,390.00 $42,390.00 $42,390.00 $42,390.00 $211,950.00 Subscription
(Resid. &CII)
Commercial,
Industrial& $149,100.00
Institutional $74,550.00 $74,550.00
Module
Total $42,390.00 $116,940.00 $116,940.00 $42,390.00 $42,390.00 $361,050.00

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of April 1, 2025 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Eagle Aerial Solutions a limited liability company, with its principal place of business at 3333 Michelson Dr. Suite 300 Irvine, CA 92612 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project: Eagle Aerial Solutions for WaterView Softwear and water use management consulting services. (hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 361,050.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed.

Payments to Consultant for work performed will be made at the times and in the amounts set forth in Exhibit "B".
c. In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed $361,050.00. Any additional work in excess of this amount shall require approval by the City Council.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed

by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from April 1, 2025 to April 1, 2030, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

9. Assignment and Subconsultant

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

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage

(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or(4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants

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

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty(30)days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If

any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any)of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

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

performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.

b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Name of WaterView Person: Marisela Lopez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

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

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

CITY: CONSULTANT:

City of Upland Eagle Aerial Solutions
460 N. Euclid Avenue 3333 Michelson Dr.

Upland, CA 91786 Irvine, CA 92612
Attn. Management Analyst Attn. Jazmine Molloy
and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

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

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or

written understanding, promises or representations with respect to those matters covered hereunder.

Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void.

This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

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

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

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

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

29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND EAGLE AERIAL SOLUTIONS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND EAGLE AERIAL SOLUTIONS
Approved By:

By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By: By:

KERI JOHNSON
City Clerk Its:

Printed Name:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

EXHIBIT A
Scope of Services
In our work supporting over 100 Californian urban water suppliers with compliance tasks and requirements, we have found that a clear understanding of not only how much water is being used, but where it is being used is imperative.

The lack of accurate data makes compliance to the new state water conservation objectives extremely difficult to achieve. In an effort to support the City of Upland's pathway to compliance, a necessary first step is an analysis of the district's data to identify and separate the Dedicate Irrigation Meters(DIMs)from the Mixed Use Meters(MUMs),and the water provided to each.This analysis allows focus to be placed on the largest water customers first.

To support this the Eagle/NV5 team has developed the methodology outlined below.

CII Meter Analysis
CII Dedicated Irrigation Meter Analysis:

This phase of the SOW will focus on geolocating the City of Upland's Dedicated Irrigation Meters (DIMs) and work to group them by customer into premise aggregations.

This process aims to define the total number of premises in the service area and, with consumption data, can order these premise aggregations by water consumption.The meter grouping or premise aggregation process is outlined in 3,4, and 5
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Figure 3: Data provided in form of a shapefile or.csv with geospatial coordinates or addresses can be geolocated on the map Meter points on map
List of meter service addresses
Meter ID Customer N.m. Meter Service Address
01-012 CITY OF XX 1452 IOWA AVE
01-00O CITY 0E 1500 IOWA AVE •
O1�202 CITY OF 04%% 150010WA AVE

01.222 CITY OF KN PARKS AND REC 1486 COLUMBIA AVE • 01i16 ABC PROPERTIES 1450 IOWA AVE Geolocate

01.666 ABC PROPERTIES 142010,NA AVE •
/ - -
01340 CITY OEN.PARKS AND REC 1375 MARLBOROUGH AVE }-i I —i I • mil_
= -
Figure 4: Geolocated meter points placed on the map

Grouping meters into premises
based on location and customer name.

Meter 10 Customer None Moles SCrv1CC Address
01 Oil CITY OF NA 1452 IOWA AVE
01-000 CITY OF EN 1422 IOWA AVE
04103 CITY0F KA MO IOWA AVE
r I I L 01-121 COV000 EAU-SAND AEC 1486COLVMBIA AVE r / b1-$]6 AOC PROPERTIES 1440IOWA AVE
j - 1-666 ABC PROPERTIES 1420IOWA AVE
01-340 CITY OF NN PAAILS AND 1E1 13)5 MA10L0000UGX AVE 0111
0 50 100 m
Figure 5:Meter locations are grouped by the City of Upland's customer information and those meters that are serving adjoining landscapes, and are paid for by one customer,are grouped into a premise.Further mapping is still necessary to determine the true geographical extent of the premise and to map the landscape area served by these meters.

Approving DIM Meter Grouping Report and Prioritization of Mapping:

The DIM Meter Analysis will provide georeferenced locations of the City of Upland's DIM meters,a meter grouping report and an estimate of premise locations(premises will generally have more than one meter serving them).

The next step requires the City of Upland's staff to review and approve(or request adjustments)to these groups.This final review then allows for the EAS/NV5 team to proceed into the next phase of final mapping of the DIM irrigated premises, data required for state reporting.

CII Mixed Use Meter Analysis:

This phase focuses on determining where there are"qualified" MUMs per AB1668&SB606 regulations • A Qualified MUM (qMUM) is a meter or group of meters irrigating a landscape area of 0.5 acre or greater and is considered a "large Landscape area", per the regulations. • A Potential Qualified MUM (pqMUM) is a meter or group of meters that has the potential, based on the water use, to be irrigating a landscape area of 0.5 acre or greater and is considered a "large landscape area", per the regulations.
• The water supplier must decide if the qualified MUM will be converted to a DIM or use"in lieu"technology(as defined in state regulatory text)and track performance.

MUM Workflow:

1. Obtain CII data and filter for all MUMs records.

2. Aggregate annual consumption data with meters.

3. Estimate the threshold based on ET for region that water use would have to exceed for the MUM to be qualified by current regulations.This is to reduce the possible number of potential qualified MUMS(pqMUMs)to geocode.

4. Geocode pqMUMs by address/parcel number(APN).

5. Obtain parcel data and DIMs spatial data.

6. Filter out parcels containing DIMs and residential properties.

7. Assign ownership to parcel data.
a. Overlay pqMUMs spatial data with parcels.
b. Assign pqMUMs customer attributes to parcels.

8. Extract parcels containing a pqMUM.

9. If ownership records are not accurate/available, review parcels for common ownership. a. Manually review to identify what parcels will need to be dissolved together. b. Look where turf crosses parcel boundaries and confirm common ownership,then dissolve parcels into one.

10. Extract all pqMUM parcels.

11. Obtain LUCD data to use for initial review.
a. Summarize LUCD landscape area within each pqMUM parcel. b. Identify parcels with 0.5 acre or greater of II+INI areas.

12. Extract qMUM parcels.
a. qMUM parcels feature class will contain at a minimum (when available):
i. Meter IDs
ii. Annual consumption (gallons)
Hi. Annual consumption (district units)
iv. Customer name
v. II+INI area in acres

13. Extract qMUMs(meters).
a. qMUMs intersecting qMUM parcels will be flagged in the MUMs feature class and will contain at a minimum (when available):
i. Meter ID
ii. Annual consumption (gallons)
Hi. Annual consumption (district units)
iv. Customer name
v. Location

14. Final Report
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DIM & MUM Consumption Analysis:

In conjunction with the spatial analysis and DIM meter/customer groupings,the EAS/NV5 team will perform an in-depth consumption analysis for every DIM included in the dataset provided by the City of Upland.The results will be delivered in the form of a PDF and serve as a guide to next-step prioritization of the remaining compliance tasks;finalizing DIM premises, SLA designation and measurement,etc.

A consumption analysis for the City of Upland's Mixed Use Meters will also be conducted and provide a deeper dive into the relationship between the consumption of the pqMUMs and the associated outdoor landscapes.This process supports the

final phase of the qMUM designation and subsequently aides the City of Upland in the mandatory decision making process outlined in the regulatory text under SB606&AB1668.

Figure 6 and Figure 7 below illustrate some of outputs provided in the final PDF reports.

Water Consumption Analysis
10%
300- r 5930
t
Median
163000
Mean
m 489735.9
0_200-
90%
1258450
6t
E
100^ -
ZA
0^ I —
0 1,920.283 3,840,567 5,760,850 7,681,133 9,601,417 11,521,700 Total Consumption
Figure 6:Example of the water consumption analysis provided in the report CV:0.2-Lower Variation CV:0.9-Higher Variation
Mean Usage Mean Usage
100 units 100 units
200
O
Feb Apr Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Date
Figure 7:Coefficient of Variation(CV)analysis which demonstrates water use trend analysis-performed on a per premise basis and used to determine anomalies of water use.CV is standardized and presented as a numerical value between 0-1. The smaller the number,the less variance in month-to-month usage.

Meter Analysis Deliverables:
• DIM Meter Grouping Report—List of meters assigned to each group and total consumption of the group • DIM Consumption analysis(per meter grouping) report • Spatial file with geocoded DIM meters
• qMUM Final Report—MUMs that have met the"qualifying" criteria and correlated customer/parcel data • MUM Consumption analysis
• Spatial File with geocoded qMUMs

DIM Irrigated Premise Delineation &Special Landscape Areas (SLAs) This phase of the SOW takes the data collected and created in the DIM Meter Analysis and creates a compressive dataset with mapped dedicated irrigation meter premise boundaries as well as mapped landscape areas associated with these premises. By mapping the landscaping served by the dedicated irrigation meters the City of Upland will be able to report actual water use(consumption)compared to expected water use(mapped irrigated landscaping)as directed by CA Legislation.

The data created in the phase will provide the City of Upland with the required CII measurements required under the Urban Water Use Objective and will be a dataset the City will need to reference annually for reporting purposes.

With meter groupings confirmed (through the Meter Analysis)the EAS/NV5 team will map the provisional premise boundaries.This work is completed using heads up digitization methods with the base imagery used in the analysis for reference.Ancillary data sources such as Google Street View and other image services are consulted to help in the identification of premise boundaries.The goal of this step is to provisionally map the maximum extent of the landscaping that the dedicated irrigation meters are serving.

DIM Premise Approval
Once the premise boundaries are mapped in draft form the boundaries will need to be reviewed and approved by the City staff.This refinement of these premise boundaries has been found to be most efficiently done when best supported by water supplier staff that is very familiar with the customers' properties(i.e. meter readers or some other equivalent).The approval process can take many forms but is most often facilitated by EAS/NV5 analysts and project managers through screen share sessions,water supplier review of PDF maps(see Figure 1 for example),and through GIS data review.

A premise is an area that is owned by one customer who has meters that serve adjacent areas.This is shown in the graphic below:
• Premiees_all_mete}s
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Figure 7.Example premise boundary as displayed in a PDF map review packet generated and delivered to aid in the review and approval of premise boundaries.Additional review is accomplished via shapefile review and through facilitated screen share sessions.

SLA Mapping
With a complete set of approved premises,the EAS/NV5 analysts will map the Special Landscape Areas(SLA)within each premise according to established guidance. Under AB 1668&SB606,Special Landscape Areas are allocated MORE WATER and a vital classification and mapping exercise in order to maximize the City of Upland's CII water allocation and lower the reduction requirement.Special Landscape Areas are mapped landscapes dedicated solely to edible plants,areas irrigated with recycled water,water features using recycled water,and areas dedicated to active play such as parks,sports fields,golf courses,and where turf provides a playing surface. Engineered slopes are mapped landscape areas that are purposely graded and planted for vegetative slope stabilization and erosion control Special Landscape Areas and Engineered Slopes are mapped as a part of the Maximum Applied Water Allowance(MAWA).The goal of this step is to identify landscape features that may require the full water budget to support the needs of the community.This work is completed using heads up digitization methods with the base imagery used in the analysis for reference.Ancillary data sources such as Google Street View and other image services are consulted to help in the identification of SLA. There are seven classes of landscape that qualify as SLA,they are listed in the table below.
# Class name Class Description
1 Public Pools Community pools open to public use 2 Recycled Water Landscape and water features fed by recycled water DIMS 3 Engineered Slopes Slopes where vegetation is planted for the purpose of terrain stabilization and/or erosion control.
4 Active/Passive Recreation Active and passive recreational areas(e.g.outdoor event spaces and sports fields) 5 Edible Plants/Community Garden Landscape dedicated solely to edible plants.Community and educational gardens. 6 Supplemental Water Ponds and lakes sustaining wildlife,recreation,or public benefit. 7 Cemeteries Green area associated with graves is
•
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110.

SLA Approval
Once the SLA are mapped in draft form the boundaries will need to be reviewed and approved by the water district staff. It has been found that the refinement of these features is best supported by water district staff that is very familiar with the customers' properties(i.e., meter readers or some other equivalent).The approval process can take many forms but is most often facilitated by NV5 analysts and EAS project managers through a web-based review portal or water district review of PDF maps The EAS/NV5 team will work closely with the City of Upland to determine the most appropriate review combination to support a timely and efficient review period.

Land Use Classification Data (LUCD) for MFR Parcels with DIMs The Department of Water Recourses(DWR) is working to provide a landscape map to all the urban water suppliers for the CII areas within each supplier's service area. In virtually all cases does not include Multi-Family Residential (MFR) parcels. It has been found that many landscapes irrigated by DIMs include MFR and HOA areas.Additionally, it has been found that most of the irrigated areas in the MFR and HOA areas can be designated as SLA,thusly giving the water supplier a higher allocation for those areas.Since the MFR and HOA areas are not a part of the dataset that will be delivered by the state,this phase of the CII SOW focuses on identifying and mapping those areas.The goal is to maximize the City of Upland's water allocation and including these areas will be of extremely high importance.

Datasets will be developed from 2020 1'4 band summer imagery provided by Eagle Aerial Solutions.The mapped landscape areas associated with this project will achieve an overall accuracy of 95%with a per class positive predictive accuracy of 90% or higher at a 95%confidence interval.The mapped accuracy will be assessed by independent randomly sampled checkpoints across the project(s)extent(s).

The LUCD classification scheme matches the definitions developed for the California Department of Water Resources(DWR) Program and meets all the requirements under the regulation for"Alternative Data".

The classification system is a "canopy priority"and classifies landscape areas using a top-down approach. If the canopy of a tree extends over a rooftop or out over the roadway,the entire extent of that canopy will be considered canopy and receive the appropriate irrigation status based on the land use. Each class has a unique irrigation status associated:
• Irrigated: areas that are presumed to be irrigated at the time the imagery was collected • Irrigable not irrigated:areas that show high potential of being irrigated at one time, but are presumed to not be currently irrigated, based on the imagery used to conduct the analysis • Not irrigable:areas that have no irrigation
The Minimum Mapping Unit(MMU) used for capturing features and accuracy assessment from the imagery is 64 square feet.

The classification data will be summarized to the client-provided parcel location data.

Classification Scheme
The modified turfgrass specific LUCD classification schema is shown below:

LUCD Canopy Priority Classification System
Level 1 Level 2 Irrigation Status

1. Impervious Impervious Not Irrigable

2. Pools Swimming pools/man made water features Irrigated

3.1.1 Turf grass
Irrigated

3. Irrigated 3.1.2 Other vegetated ground cover (CII Properties only:

3.2 Canopy Turf grass separated in Functional and Non-Functional)

3.3 Bare Irrigated

4.1.1 Turf grass Irrigable not irrigated Irrigable not

4. Irrigable not irrigated 4.1.2 Other vegetated ground cover irrigated

4.2 Canopy

4.3 Bare Irrigable not irrigated

5. Non irrigated vegetation Undeveloped for the purposes of irrigation Not Irrigable

6. Undeveloped lands Undeveloped Lands Not Irrigable

7. Horse Corrals Horse Corrals Irrigated

8. Open Water Other open natural water(rivers/ponds) Not Irrigable

9. Artificial Turf Artificial Turf Not Irrigable

10. Agricultural Land Agricultural Land(0.25 acre mmu) Irrigated

Quality Control and Accuracy Assessment
The EAS/NV5 Team conducts detailed quality control and accuracy assessments to ensure the datasets we provide meet rigid accuracy standards.This is not something most other companies do,and for those that do take these steps,something they often do incorrectly.Often companies use a pixel-based accuracy assessment metric which means that if a large field of 100 pixels is considered correct then they take that as 100 samples.We instead use an object-based analysis where a single object is evaluated by skilled photo interpreters as to whether it was correctly or incorrectly classified so the 100-pixel field discussed above is considered as 1 sample-not 100.This assessment methodology more correctly identifies the accuracy and therefore reliability of the dataset.

The EAS/NV5 team will map the classification dataset to an overall accuracy of 95%.To ensure this accuracy level is met,an assessment will be performed through independent interpretation of check points distributed throughout the service areas.

Checkpoint distribution will be stratified by Level 2 LUCD classes(defined in the classification table)as well as geography.A minimum of 25 checkpoints(objects) per square mile will be randomly distributed across the sites in addition,25 sites will be allocated to specific land use classes not sufficiently represented by the randomly distributed points. Photo interpreters will independently classify each checkpoint with the outline of the classified product but with no information of the mapped class. Each classified point will be interpreted and evaluated to an appropriate classification of both land cover and land use within the context of the overall line work associated with the mapped classification.A confusion matrix will be developed to assess user and producer accuracies for each class as well as the overall accuracy across classes. Overall accuracy will meet or exceed 95%,with individual per-class user accuracies at 90%or better at a 95%confidence interval.

An example of the level of detail provided in the LUCD classification mapping is demonstrated in Figure 6. � ._
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Figure 6. Example of the Land Use Cover Data(LUCD)set classification within an HOA DIM Premise.

Report, Final Delivery, and Metadata
Once all data has been finalized and approved by the City of Upland staff, development of the final products will begin.The final products include a file geodatabase (GDB) that contains the LUCD/SLA classified premises and the mapped meters. In addition,a final technical data report will be generated.This report will outline the process steps taken to accomplish this work as well as provide summary statistics of the results. All deliveries will contain FGDC compliant metadata created in a format most suitable to the City of Upland.

WaterView Compliance Support Web-Based Software as a Service (SaaS) In partnership with the California Water Efficiency Partnership(CaIWEP), Eagle Aerial Solutions has developed WaterView,a web-based water efficiency software and vital tool designed specifically to support urban water suppliers meet their mandated water use objectives under state legislation (SB606 and AB1668).Staying in compliance with the new conservation regulations ensures that the City of Upland avoids the significant fines that can be imposed upon citys and water districts that exceed their allocation.WaterView is currently being used by over 100 water agencies throughout the state,virtually all of whom have subscribed to it on a sole source basis.

In order to achieve these conservation goals,a district needs to understand and track its progress in meeting the state's allocation requirements. And in order to attain the required district level efficiency, it needs to understand and manage the efficiency of its residential and commerical customers, not just the quantity of water used.

WaterView has been designed with input from many California water districts to provide ACCURATE data in compliance with state requirements, integrate a variety of existing district specific data sets and facilitate effective outreach and communication to retail customers with respect to their efficiency.

WaterView provides an easy-to-use,GIS-based mapping solution that incorporates imagery data,demographic data to assess indoor water use, ET data, district water use data,and state provided irrigated vegetation data. it is the only software solution designed specifically to integrate all of this data and provide detailed and accurate information essential to attain efficiency objectives,while supporting customer conservation outreach efforts,for both residential and CII customers. Its tools allow a wide range of up-to-date and historical performance analysis from the district level all the way down to individual customer level. The data can be used to track performance in a variety of ways, measure the efficiency of water conservation efforts,and communicate directly with customers in terms of their water efficiency trends. By focusing on individual groups of customers that are inefficient,significant water can be saved while simultaneously saving money by focusing outreach efforts specifically on the inefficient customers.Additionally, by leveraging the results of the conservation programs from all 100+WaterView customers,the City of Upland will receive guidance on which programs are most likely to be effective,given real results from other water suppliers and what worked for them,thus avoiding the costly pitfalls of trial and error.
^ _ I,
•
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Clean,standardized data is one of the most important components to successfully meeting compliance requirements and through WaterView and the ongoing support of the Eagle Aerial team,the City of Upland will have a team helping solve problems that often occur with the underlying data that is required in order to conduct the efficiency analyses. For example, land use designations from assessors can be incorrect or are missing data, requiring analytic processes to address the issue.

This incorrect or missing data can lead to your district receiving a lower allocation of water from the state. Multi-family metering and related parcel information problems require special approaches to assure required data accuracy at the overall district and parcel level. These problems, if not addressed, not only can add to the inaccuracy of the efficiency assessments but they can,as mentioned above, lead to agencies receiving a reduced allocation from the state.The platform's in-depth data mining and analytical querying capabilities allows water managers to spot water use trends,track and manage "over- allocation" users within a service area and identify targeted land classification types like high turf areas,essential for effective water management under the new"Making Conservation a California Way of Life"framework.

EXHIBIT B
Schedule of Charges/Payments
The WaterView software is provided as a subscription service with subscription fees payable for each year of the term of this Agreement annually, with the first payment relating to the first year of the subscription being payable upon execution of this Agreement, with subsequent annual payments being due on each subsequent anniversary of the execution of this Agreement for the remainder of the term of this Agreement.

The fees payable for the Commercial, Industrial and Institutional Data Services to be provided by Consultant as set forth in this Agreement shall be payable as follows: $74,550 shall be payable as of July 1, 2025 and $74,550 shall be payable as of July 1, 2026.

Upland & Eagle Aerial Solution-WaterView 5-Year Agreement FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Year 1 Year 2 Year 3 Year 4 Year 5 Total WaterView
Software $42,390.00 $42,390.00 $42,390.00 $42,390.00 $42,390.00 $211,950.00 Subscription
(Resid. &CII) _
Commercial,
Industrial& $149,100.00
Institutional Data $74,550.00 $74,550.00
Services
Total $42,390.00 $116,940.00 $116,940.00 $42,390.00 $42,390.00 $361,050.00 1

EXHIBIT C
Activity Schedule
FY 24/25 - WaterView:Account creation,data clean up and initial UWUO status check
- CII DIM & MUM Meter Analysis
FY 25/26 - WaterView:Annual report preparation, program integration, compliance evaluation,custom dashboard design as needed by City of Upland
- CII: DIM Premise Delineation &SLA Mapping
FY 26/27 - WaterView:Annual report preparation,CII Data integration, monthly compliance and program efficiency reports provided,custom reports/dashboard created as needed by City of Upland
- NFT tracking support
- CII: Continuation of DIM Premise Delineation&SLA Mapping - CII: LUCD mapping of MFR parcels
FY 27/28 - WaterView:Annual report preparation, Compliance Status review, Program/Outreach effectiveness review, monthly compliance and program efficiency reports provided,custom reports/dashboard created as needed by City of Upland
- NFT tracking support
- CII: Final deliveries and preparation of required CII data for state report FY 28/29 - WaterView:Annual report preparation, In Lieu technology tracking for CII qMUM, BMP for CII non qMUM tracking and report prep, monthly compliance and program efficiency reports provided,custom reports/dashboard created as needed by City of Upland
2

EXHIBIT D
Federal/State Requirements
Regulatory tasks completed by SOW deliverables:
• CII DIM Objective:
o Irrigated areas services by Dedicated Irrigation Meters [required for reporting] o CII Special Landscape Areas: More water is allocated to these SLAs—so this is a VITAL step towards maximizing your water allocation [required for reporting] o MFR& HOA Analysis-Determines if Multi Family parcels or HOA's that have DIMs need to be reported differently to the State in order to receive more allocation. [required if they have DIMs, not required if they don't—but VITAL to maximizing your allocation] • Mixed Use Meter Qualification Report [note both bullet points below are required for reporting purposes]:
o Lists all MUMs that meet the compliance threshold and will require the supplier to install a DIM or implement an In Lieu technology(per approved list by the State) o Lists all MUMs that do NOT meet the threshold and will have to be tracked and reported in

PERFORMANCE MEASURES
• Disclosable buildings report
• NFT—Non functional Turf Map(AB1572)—all CII turfed areas that meet the states definitions of Non Functional
• Annual Reporting:
o WaterView acts as a data warehouse for all the required compliance data covered in this SOW o The data required for annual reporting is easily extracted from the City of Upland's WaterView account and directly populated into the SWRCB Reporting template. 3

,y'S4or UN
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s): _ X NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):

X NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application. 03/13/2025
Date Signat uth rized individual
Jazmine Molloy, Eagle Aerial Solutions
Company/Applicant Name
(Levine Act definitions on reverse side)

� �p1
4�� 94. CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Staff(krctill
_,
DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

NICOLE DEMOET,ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER

TANYA GARCIA,MANAGEMENT ANALYST, SOLID WASTE
SUBJECT: CONSIDER ANNUAL CPI SOLID WASTE RATE ADJUSTMENT RECOMMENDED ACTION:

It is recommended that the City Council adopt the Fiscal Year 2025/26 Solid Waste Service Rates as presented in Exhibit M of the Agreement with Burrtec Waste Industries. There are no changes to the Proposition 218-approved base rates or the adopted methodology.

GOAL STATEMENT
The proposed action supports the City's goal of providing consistent,compliant,and transparent solid waste services, including cost-recovery for ancillary services provided by the franchise hauler.

BACKGROUND
In 2022,the City Council adopted a new rate methodology and Proposition 218-compliant solid waste rate structure, which is valid for a five-year term through Fiscal Year 2026/27.As part of the franchise agreement with Burrtec Waste Industries,solid waste service rates are updated annually through Exhibit M.

These rates cover standard, non-standard and optional services provided by Burrtec, such as: normal trash services, extra bin service,bulky item pickup,temporary roll-off containers,catch basin cleanouts,pressure washing and power sweeping and other customer-requested services that fall outside of base residential or commercial collection.

Each March, as required by the franchise agreement,Burrtec is obligated to submit a letter to the City outlining the annual Consumer Price Index (CPI) adjustment. Burrtec has completed this task for Fiscal Year 2025/26. The submitted CPI increase forms the basis for the rate adjustments included in this year's Exhibit M.

ISSUES AND ANALYSIS
The annual adoption of Exhibit M is an administrative function that reflects cost adjustments to Burrtec's services in accordance with the previously approved rate methodology.

The 2022 adopted franchise agreement includes a pass-through of annual CPI changes,which are applied to both base and ancillary services. These CPI adjustments help ensure that Burrtec can continue providing services in alignment with current market costs.

This year's rate adjustments will become effective July 1,2025,and will remain in effect for one year.No further City Council action is required beyond this annual adoption.

ENVIRONMENTAL DETERMINATION
This action is not a project subject to CEQA and is exempt under Section 15378(b)(5)of the CEQA Guidelines as an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACTS
There is no fiscal impact with this action. The adoption of the solid waste rate structure ensures the City remains in compliance with the terms of the franchise agreement,including CPI-based cost adjustments.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

NOTICE
City of Upland Residential and Commercial Annual Solid Waste Rate Adjustment The City's agreement with Burrtec Waste Industries (Burrtec) for Solid Waste Collection Service provides for annual adjustments to the solid waste rates. The annual rate adjustment is calculated based on a formula documented with the agreement, that includes a service component, as well as disposal and material processing costs. The service component of the rate shall be adjusted based upon the annual percentage change in the Consumer Price Index (CPI), All Urban Consumers for the Riverside-San Bernardino-Ontario, CA Metropolitan Area,as determined by the United States Department of Labor Statistics but shall not exceed 5%. Disposal and material processing cost increases are pass through fees.

The Annual Average CPI for the January through December period immediately preceding the effective date of this rate adjustment is 2.61%. The new rates will take effect on July 1, 2025.

If you have any questions regarding this notice, please contact Burrtec Customer Service at (909) 949-0500 or the City of Upland Solid Waste Division at (909) 291-2967. On behalf of the City of Upland and Burrtec, we appreciate your understanding and support.
0 BURRTEC
"We'll Take Care Of It"
PROOF
OK as is
❑ Correct & re-proof
Signature Date

3 Standard
Burrtec Waste Industries,Inc. Pre-Sorted
9820 Cherry Avenue U.S.Postage
PAID
Fontana,CA 92335 San Bernardino,CA
Permit#2758
PROOF
❑ OK as is
❑ Correct & re-proof
Signature Date

BURRTEC
WASTE INDUSTRIES, INC.
"We'll Take Care Of It"
March 4, 2025
Mr. Michael Blay
City Manager
City of Upland
460 N. Euclid Ave.

Upland, CA 91786
Re: 2025 Refuse Rate Adjustment
Mr. Blay,
Burrtec Waste Industries is respectfully requesting the 2025 Annual Automatic Fee Adjustment for Refuse Collection Rates as per Article 10.06a (1) of the Amended and Restated Agreement Between the City of Upland and Burrtec Waste Industries Inc., for Solid Waste Collection, Processing and Disposal Services.

Attached, please find the complete rate schedule and worksheets for this year's adjustment. The overall percentage change in CPI for the January to December period immediately preceding the July 1, 2025 effective date of this rate adjustment was 2.61%. As per the Agreement, the percentage change in CPI cannot exceed the 5% maximum annual adjustment as it pertains to the Service Component and Program Cost Component of the collection rates.

This year's adjustment continues to include approved rate components that address the administrative and organic materials processing costs necessary to meet compliance with Senate Bill 1383 mandatory programs.

The rate adjustments for this year will become effective July 1, 2025.

On behalf of Burrtec Waste Industries,we thank you and the City for your continued support and the opportunity to serve the City of Upland. We look forward to discussing these adjustments in greater detail at your earliest convenience. If there are any questions or concerns, please do not hesitate to contact me.

Sincerely ///y
Michael Arreguin
Vice President
CC: Chris Alanis
Interim Public Works Director
9890 Cherry Avenue • Fontana, California 92335 • 909-429-4200 • FAX 909-429-4290

CITY OF UPLAND
PROPOSED 218 RATE INCREASE NOTICE
2024 Proposed 2024 Proposed
Service Type Current Rate Rates Service Type Current Rates Rate
Residential Service Multi-Family/Residential Bin Trash w/Bulkv Item Program 35-gallon trash barrel $ 27.00 $ 28.09 Size Freq 65-gallon trash barrel $ 32.48 $ 33.70 1 1 $ 113.23 $ 117.81 95-gallon trash barrel $ 38.09 $ 39.54 1.5 1 $ 138.42 $ 143.73 Extra 35-gallon trash $ 11.72 $ 12.14 2 1 $ 163.88 $ 169.92 Extra 65-gallon trash $ 13.68 $ 14.04 2 2 $ 312.84 $ 324.16 Extra 95-gallon trash $ 15.70 $ 16.12 2 3 $ 461.76 $ 478.36 Extra pick-up-barrel $ 22.29 $ 23.39 2 4 $ 605.37 $ 627.01 Extra Recycling Barrel N/A $ 8.54 2 5 $ 752.98 $ 779.83 Extra Organics Barrel N/A $ 13.10 2 6 $ 868.24 $ 898.70 Temporary Bins(7 day usage) $ 169.59 $ 177.57 3 1 $ 224.66 $ 232.65 Temporary Bin-Extra Empty $ 169.59 $ 177.57 3 2 $ 434.32 $ 449.54 3 3 $ 644.03 $ 666.48
Commercial Bin Trash Service 3 4 $ 853.72 $ 883.42 Size Freq 3 5 $1,063.45 $1,100.39 1 1 $ 105.00 $ 110.62 3 6 $1,273.08 $1,317.26

1.5 1 $ 126.08 $ 132.94 4 1 $ 285.33 $ 295.26 2 1 $ 147.42 $ 155.53 4 2 $ 555.79 $ 574.92 2 2 $ 279.93 $ 295.39 4 3 $ 826.24 $ 854.57 2 3 $ 412.39 $ 435.20 4 4 $1,096.62 $1,134.13 2 4 $ 539.55 $ 569.46 4 5 $1,367.01 $1,413.72 2 5 $ 670.70 $ 707.90 4 6 $1,637.41 $1,693.31 2 6 $ 769.51 $ 812.38 5 1 $ 346.10 $ 358.00 3 1 $ 199.98 $ 211.07 5 2 $ 677.25 $ 700.29 3 2 $ 384.95 $ 406.38 5 3 $1,008.40 $1,042.58 3 3 $ 569.98 $ 601.74 5 4 $1,339.54 $1,384.88 3 4 $ 754.99 $ 797.10 5 5 $1,670.66 $1,727.13 3 5 $ 940.04 $ 992.49 5 6 $2,001.81 $2,069.43 3 6 $ 1,124.98 $ 1,187.78 6 1 $ 406.81 $ 420.66 4 1 $ 252.42 $ 266.49 6 2 $ 798.68 $ 825.63 4 2 $ 489.97 $ 517.37 6 3 $1,190.48 $1,230.53 4 3 $ 727.51 $ 768.25 6 4 $1,582.33 $1,635.47 4 4 $ 964.98 $ 1,019.04 6 5 $1,974.18 $2,040.42 4 5 $ 1,202.46 $ 1,269.85 6 6 $2,366.07 $2,445.41 4 6 $ 1,439.95 $ 1,520.67
5 1 $ 304.96 $ 322.03 Commercial Compactor Trash Service 5 2 $ 594.97 $ 628.36 3 1 $ 365.41 $ 378.01 5 3 $ 884.99 $ 934.68 3 2 $ 716.07 $ 740.54 5 4 $ 1,174.99 $ 1,241.01 3 3 $1,066.72 $1,103.06 5 5 $ 1,464.97 $ 1,547.30 3 4 $1,417.40 $1,465.60 5 6 $ 1,754.98 $ 1,853.63 3 5 $1,768.08 $1,828.14 6 1 $ 357.44 $ 377.50 3 6 $2,118.74 $2,190.66 6 2 $ 699.95 $ 739.31 4 1 $ 478.26 $ 494.58 6 3 $ 1,042.38 $ 1,101.05 4 2 $ 941.55 $ 973.43 6 4 $ 1,384.87 $ 1,462.83 4 3 $1,404.90 $1,452.35 6 5 $ 1,727.35 $ 1,824.62 4 4 $1,848.69 $1,910.90 6 6 $ 2,069.88 $ 2,186.45 4 5 $2,307.12 $2,384.70 4 6 $2,765.62 $2,858.55
Commercial Barrel Trash Service
65-gallon trash barrel $ 32.48 $ 33.70 Commercial Food Waste Service-Stand Alone 95-gallon trash barrel $ 38.09 $ 39.54 Size Freq Exchange bbl(first free) $ 22.50 $ 23.63 2 1 $ 274.11 $ 293.50 Extra pick-up-barrel $ 22.29 $ 23.39 2 2 $ 502.11 $ 538.57 2 3 $ 715.24 $ 768.02
Commercial Recycling Bin Service(Extras) 2 4 $ 928.55 $ 997.70 Size Freq 2 5 $1,171.19 $1,258.16 2 1 $ 101.71 $ 106.86 2 6 $1,354.78 $1,456.61 2 2 $ 188.51 $ 198.06 35-gallon Barrel 1 $ 55.33 $ 58.49 2 3 $ 275.26 $ 289.20 35-gallon Barrel 2 $ 97.93 $ 103.62 2 4 $ 356.70 $ 374.80 35-gallon Barrel 3 $ 136.29 $ 144.32 2 5 $ 442.15 $ 464.58 35-gallon Barrel 4 $ 174.55 $ 184.90 2 6 $ 495.24 $ 520.39 35-gallon Barrel 5 $ 221.20 $ 234.27 3 1 $ 131.41 $ 138.07 35-gallon Barrel 6 $ 251.08 $ 266.08 3 2 $ 247.82 $ 260.38 65-gallon Barrel 1 $ 69.16 $ 73.49 3 3 $ 364.28 $ 382.75 65-gallon Barrel 2 $ 126.13 $ 134.19 3 4 $ 480.72 $ 505.11 65-gallon Barrel 3 $ 179.16 $ 190.74 3 5 $ 597.20 $ 627.50 65-gallon Barrel 4 $ 232.00 $ 247.12 3 6 $ 713.58 $ 749.79 65-gallon Barrel 5 $ 292.76 $ 311.79 4 1 $ 161.00 $ 169.16 65-gallon Barrel 6 $ 337.94 $ 360.11 4 2 $ 307.12 $ 322.71
4 3 $ 453.24 $ 476.26
4 4 $ 599.29 $ 629.72
4 5 $ 745.34 $ 783.19
4 6 $ 891.41 $ 936.69

CITY OF UPLAND
PROPOSED 218 RATE INCREASE NOTICE
2024 Proposed 2024 Proposed
Service Type Current Rate Rates Service Type Current Rates Rate
Commercial/Multi-Family Green Waste Bin Service Miscellaneous Charges Size Freq Pull-out(0-25 ft)-All services N/C N/C 35-gallon Barrel 1 $ 22.53 $ 23.89 Pull-out(26-50 ft)-1 x Week $ 20.66 $ 21.20 35-gallon Barrel 2 $ 41.47 $ 44.01 Pull-out(26-50 ft)-2 x Week $ 26.56 $ 27.25 35-gallon Barrel 3 $ 60.41 $ 64.12 Pull-out(26-50 ft)-3 x Week $ 32.08 $ 32.92 35-gallon Barrel 4 $ 79.34 $ 84.23 Pull-out(26-50 ft)-4 x Week $ 38.38 $ 39.38 35-gallon Barrel 5 $ 98.29 $ 104.36 Pull-out(26-50 ft)-5 x Week $ 44.27 $ 45.43 35-gallon Barrel 6 $ 117.23 $ 124.48 Pull-out(26-50 ft)-6 x Week $ 50.17 $ 51.48 65-gallon Barrel 1 $ 26.58 $ 28.34 Pull-out(51-75 ft)-1 x Week $ 23.60 $ 24.22 65-gallon Barrel 2 $ 49.48 $ 52.81 Pull-out(51-75 ft)-2 x Week $ 32.46 $ 33.31 65-gallon Barrel 3 $ 72.37 $ 77.27 Pull-out(51-75 ft)-3 x Week $ 41.32 $ 42.40 65-gallon Barrel 4 $ 95.26 $ 101.74 Pull-out(51-75 ft)-4 x Week $ 50.17 $ 51.48 65-gallon Barrel 5 $ 118.17 $ 126.23 Pull-out(51-75 ft)-5 x Week $ 59.02 $ 60.56 65-gallon Barrel 6 $ 141.06 $ 150.68 Put-out(51-75 ft)-6 x Week $ 67.88 $ 69.65 95-gallon Barrel 1 N/A $ 35.79 Pull-out(76-100 ft)-1 x Week $ 26.56 $ 27.25 95-gallon Barrel 2 N/A $ 71.59 Pull-out(76-100 ft)-2 x Week $ 38.38 $ 39.38 95-gallon Barrel 3 N/A $ 107.38 Pull-out(76-100 ft)-3 x Week $ 50.17 $ 51.48 95-gallon Barrel 4 N/A $ 143.17 Pull-out(76-100 ft)-4 x Week $ 61.96 $ 63.58 95-gallon Barrel 5 N/A $ 178.96 Pull-out(76-100 ft)-5 x Week $ 73.80 $ 75.73 95-gallon Barrel 6 N/A $ 214.76 Pull-out(76-100 ft)-6 x Week $ 83.43 $ 85.61 2 1 $ 115.72 $ 124.15 Pull-out(101-125 ft) -1 x Week $ 29.50 $ 30.27 2 2 $ 216.47 $ 232.57 Pull-out(101-125 ft) -2 x Week $ 44.27 $ 45.43 2 3 $ 317.23 $ 341.02 Pull-out(101-125 ft) -3 x Week $ 59.02 $ 60.56 2 4 $ 418.01 $ 449.47 Pull-out(101-125 ft) -4 x Week $ 73.80 $ 75.73 2 5 $ 518.72 $ 557.86 Pull-out(101-125 ft) -5 x Week $ 88.53 $ 90.84 2 6 $ 619.49 $ 666.31 Pull-out(101-125 ft) -6 x Week $ 103.29 $ 105.99 3 1 $ 152.39 $ 163.97 Pull-out(126-150 ft) -1 x Week $ 32.46 $ 33.31 3 2 $ 289.79 $ 312.21 Pull-out(126-150 ft) -2 x Week $ 50.17 $ 51.48 3 3 $ 427.21 $ 460.45 Pull-out(126-150 ft) -3 x Week $ 67.88 $ 69.65 3 4 $ 564.60 $ 608.67 Pull-out(126-150 ft) -4 x Week $ 85.60 $ 87.83 3 5 $ 702.07 $ 756.97 Pull-out(126-150 ft) -5 x Week $ 103.29 $ 105.99 3 6 $ 839.48 $ 905.21 Pull-out(126-150 ft) -6 x Week $ 121.00 $ 124.16 4 1 $ 189.01 $ 203.74 Pull-out(over 150 ft) -1 x Week $ 35.41 $ 36.33 4 2 $ 363.06 $ 391.77 Pull-out(over 150 ft) -2 x Week $ 56.05 $ 57.51 4 3 $ 537.09 $ 579.79 Pull-out(over 150 ft) -3 x Week $ 76.73 $ 78.73 4 4 $ 711.16 $ 767.85 Pull-out(over 150 ft) -4 x Week $ 97.40 $ 99.94 4 5 $ 885.23 $ 955.89 Pull-out(over 150 ft) -5 x Week $ 118.06 $ 121.14 4 6 $ 1,059.26 $ 1,143.90 Pull-out(over 150 ft) -6 x Week $ 138.70 $ 142.32 Multi-Family/Residential Mixed Organics Other Miscellaneous Charges Size Freq
15-gallon Barrel 1 $ 33.54 $ 34.44 -Barrel Replacement Comm! $ 94.23 $ 98.71 15-gallon Barrel 2 $ 54.70 $ 56.18 lost or stolen 15-gallon Barrel 3 $ 71.79 $ 73.76 -Bin Exchange(first Exchange free) $ 109.39 $ 114.59 15-gallon Barrel 4 $ 89.24 $ 91.69 charge does not apply to graffiti or 15-gallon Barrel 5 $ 114.47 $ 117.61 damaged bins 15-gallon Barrel 6 $ 123.59 $ 126.99
35-gallon Barrel 1 $ 34.77 $ 35.75 Contamination Fee:
35-gallon Barrel 2 $ 57.07 $ 58.71 -Commercial Barrels $ 33.50 $ 35.16 35-gallon Barrel 3 $ 75.31 $ 77.48 -All Bins $ 81.49 $ 85.30 35-gallon Barrel 4 $ 93.91 $ 96.63
35-gallon Barrel 5 $ 120.27 $ 123.76 Steam Cleaning $ 62.99 $ 66.14 35-gallon Barrel 6 $ 130.54 $ 134.36 Bulky Charge per Item(RO/Comm Only) $ 18.68 $ 19.61 65-gallon Barrel 1 $ 36.57 $ 37.65 Bulky Item Trip Charge(RO/Comm Only) $ 49.78 $ 52.27 65-gallon Barrel 2 $ 60.59 $ 62.43 Steam Cleaning-Compactor $ 217.72 $ 228.61 65-gallon Barrel 3 $ 80.53 $ 83.02 Dump and Destroy Fee $ 129.43 $ 135.90 65-gallon Barrel 4 $ 100.85 $ 104.00 Extra pick-up-bin $ 81.49 $ 85.30 65-gallon Barrel 5 $ 128.93 $ 132.94 Extra pick-up-compactor bin $ 150.36 $ 157.16 65-gallon Barrel 6 $ 140.92 $ 145.37 Extra pick-up-G/W bin $ 46.82 $ 49.16 95-gallon Barrel 1 $ 38.36 $ 39.55 Extra pick-up-F/W bin $ 105.75 $ 110.77 95-gallon Barrel 2 $ 64.11 $ 66.16 Extra pick-up-F/W barrel $ 33.50 $ 35.16 95-gallon Barrel 3 $ 85.77 $ 88.57 Tilt-Hopper $ 52.10 $ 54.71 95-gallon Barrel 4 $ 107.80 $ 111.37 Temporary bin(7 day usage) $ 169.59 $ 177.57 95-gallon Barrel 5 $ 137.60 $ 142.13 Temporary bin-extra empty $ 169.59 $ 177.57 95-gallon Barrel 6 $ 151.29 $ 156.37 Locking bin $ 17.99 $ 18.89 Scout Service $ 182.70 $ 187.47
Roll-Off Refuse Residential Barrel Walkup Fee N/A $ 35.31 40 yd compactor-trash 8 Tons $ 1,153.24 $ 1,194.68 Residential Barrel Walkup Fee-physically challenged N/A N/C 40 yd roll-off box-trash 6 Tons $ 929.91 $ 964.18 20 yd roll-off box-trash 6 Tons $ 929.91 $ 964.18 40 yd roll-off box-trash 6 Tons with $ 995.76 $ 1,025.43 Downtown Sidewalk Pressure Wash(Monthly) $3,040.00 $3,120.00 Retractable Lid Downtown Parklets Pressure Wash(per service) $ 527.00 $ 541.00 Roll-Off Recvling Materials Service+Actual Disposal Bathroom Pressure Wash(all parks,hourly rate) $ 220.00 $ 226.00 Demo box-Inerts Clean(Service+Disposal) $ 396.63 $ 413.33 Barrel Pressure Wash(each) $ 16.00 $ 17.00 C&D box(Service+Disposal) $ 591.97 $ 613.77 Bin Pressure Wash(each) $ 100.00 $ 103.00 Rolloff 40-Y Recyc.(6 tons max)(Service+Disposal) $ 264.20 $ 277.41 Catch Basins(per cleaning-initial) $ 250.00 $ 257.00 Rolloff 40-Y Comp Recyc.(8 tons max)(Service+Disposal) $ 267.29 $ 280.65 Catch Basins(per cleaning-subsequent) $ 137.00 $ 141.00 Rolloff 40-Y Greenwaste(6 tons max)(Service+Disposal) $ 265.64 $ 278.92 Pressure Wash(additional,4 hr min;per hr) $ 207.00 $ 213.00 40 yd roll-off box-clean wood/green(Service+Disposal) $ 501.75 $ 521.19 Power Wash(City Hall/Library)(4 hr min;per hour) $ 220.00 $ 226.00 Dry run charge $ 77.12 $ 80.98 Day Porter Service(4 hr min;per hour) $ 87.00 $ 89.00 Receiver Rental $ 275.63 $ 289.41 Power Sweeping(per curb mile) $ 44.00 $ 45.00 Daily roll-off rental $ 37.75 $ 39.64 Pacific Electric Trail Sweeping(per event) $1,923.00 $1,974.00 End Dump-Hourly Rate(Service+Disposal) $ 188.40 $ 197.82 40 cy retractable lid box monthly rental(Service+Disposal) $ 275.63 $ 275.63 40 cy green waste box with lid oust owned(Service+Disposal) $ 267.29 $ 280.65

..t• �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF FIRST AMENDMENTS TO PROFESSIONAL SERVICES

AGREEMENTS WITH OPERATIONS MANAGEMENT GROUP AND WATER WORKFORCE RECOMMENDED ACTION:

It is recommended that the City Council take the following actions: 1)Approve First Amendments to the Professional Services Agreements with Operations Management Group,Inc. and Water Workforce Inc.to transition their scope of work from temporary staffing to consulting services related to project management,project administration,and project planning; 2) Authorize the City Manager to execute the First Amendments to the Agreements; and 3) Approve canceling the Agreement TKE Engineering, Inc. and disencumbering the existing purchase orders as the assigned work has been completed.

GOAL STATEMENT
This action supports the City's goal of efficient resource allocation, strategic project planning, and continuity of service through experienced consultants.

BACKGROUND
On August 12,2024,the City Council approved six(6)professional services agreements for on-call services,including temporary staffing support for the Public Works Department through Operations Management Group and Water Workforce. These firms were assigned to assist in the transition period by providing temporary staff and supporting the recruitment of permanent employees.

ISSUES AND ANALYSIS
Permanent staffing for the previously vacant Public Works positions have now been completed.As a result,the roles of Operations Management Group and Water Workforce will transition from temporary staff augmentation to consulting services focused on:
• Project management and oversight
• Project administration and documentation
• Planning and implementation support for capital and maintenance projects This change reflects the City's ongoing need for as-needed technical expertise to ensure project delivery and compliance with regulatory and funding requirements. The term of each agreement will remain through June 30, 2027,as well as the hourly rates per Exhibit B of the original agreements.

TKE Engineering, Inc., which was previously assigned work under the on-call agreement, has completed its responsibilities. No further services are anticipated at this time, and staff is requesting the remaining encumbered funds will be released for reallocation.

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 changing the scope of services provided by Operations Management Group and Water Workforce.

Purchase Order No. 20240209 and 20250303 with TKE Engineering,Inc. will be disencumbered after final invoices are paid.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

FIRST AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND AND

OPERATIONS MANAGEMENT GROUP
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("First Amendment") is entered into as of April 14, 2025, by and between the City of Upland, a California municipal corporation ("City"), and Operations Management Group, a California corporation ("Consultant"), collectively referred to as the "Parties."

RECITALS
WHEREAS, City and Consultant entered into a Professional Services Agreement dated August 12, 2024 ("Agreement") to provide general engineering services; and WHEREAS, the Parties desire to amend the Agreement to replace Exhibit A - Scope of Work in its entirety with a new Exhibit A, which more accurately reflects the updated scope of services to be provided by Consultant; and
WHEREAS, all other terms and conditions of the Agreement, including but not limited to the term, compensation, and general provisions, shall remain unchanged and in full force and effect.

WHEREAS, Consultant shall perform all services at the direction of the City Manager or his assignee, ensuring alignment with City priorities and administrative oversight;

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the Parties agree to amend the Agreement as follows:

1. Substitution of Exhibit"A." Exhibit A - Scope of Work attached to the Agreement is hereby deleted in its entirety and replaced with the new Exhibit A - Scope of Work, attached hereto and incorporated herein by reference.

2. Substitution of Exhibit "B." Exhibit B - Schedule of Charges/Payments attached to the Agreement is hereby deleted in its entirety and replaced with the new Exhibit B - Schedule of Charges/Payments, attached hereto and incorporated herein by reference.

3. No Other Changes. Except as expressly set forth in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

4. Effective Date. This First Amendment shall be effective as of the date of execution by both Parties.
[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, City and Consultant have approved this First Amendment effective the day and year first above written.

CITY: CONSULTANT:

City of Upland Operations Management Group
By: By:

Michael Blay,
City Manager
Its:

Printed Name:

ATTEST:

By: By:

Keri Johnson,
City Clerk
Its:

Printed Name:

APPROVED AS TO FORM:

By:

Stephen Deitsch,
City Attorney

EXHIBIT A
Scope of Services
The consultant's scope of work includes,but is not limited to the following Tasks and Duties:
• Accurately understand the details of City, State and Federal contractual and funding processes. • Develop an accurate scope of work outlining agency requirements and needs while ensuring strict adherence to code and funding compliance.
• Accurately analyze vendor proposals for proper scope, experience, and budgetary items to ensure the city is getting best value. Assist in the selection of consultants to prepare master plans.
• Review and confirm time estimates and project costs based on city requirements and general practice.
• Coordinate between consultants and city to ensure city satisfaction and minimize public inconvenience.This includes contract management, scheduling weekly or biweekly meeting coordination, reporting of progress,field issues, after-hours work, progress updates, submittals, and change request management.
• Work with consultants to develop projected schedules that accurately reflect the required time for each milestone in the overall requirement.
• Ensure projects stay on-time and on-budget through oversight and quality control methods. • Navigate City through complex technical, contractual, or regulatory issues. • Provide creative solutions to help lower costs or meet project objectives. • Provide documented inspections or field observations on all work being performed, supplies needed, or equipment used for the data collection.
• Liaise with and provide advice to city staff and administration regarding the projects. • Provide regular reports and progress updates to the City as required • Present to and attend meetings of management and City Council and/or Committees as required • Issue Request(s)for Proposals for all master plan contract work and conduct any tendering necessary to complete the projects in accordance with city's policies, and with industry standards.
• Responsibility for management of master plan projects, including all matters related to health and safety and site security.
• Obtain required permits, certifications, inspections, etc. as required by applicable codes and laws.
• Set, manage and control costs and schedules to ensure that the project cost and schedule objectives outlined in the RFP bid are met.
• Prepare periodic project progress/status and cost reports for review • Oversee, schedule, and manage all consultants involved in each project • Manage deficiency correction, contract close-out, and the project wrap-up • Provide design services as needed

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

Consultant- Hourly Rate: $175

FIRST AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND AND

WATERWORKFORCE
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("First Amendment") is entered into as of April 14, 2025, by and between the City of Upland, a California municipal corporation ("City"), and WaterWorkForce, a California corporation ("Consultant"), collectively referred to as the "Parties."

RECITALS
WHEREAS, City and Consultant entered into a Professional Services Agreement dated August 12, 2024 ("Agreement") to provide general engineering services; and WHEREAS, the Parties desire to amend the Agreement to replace Exhibit A - Scope of Work in its entirety with a new Exhibit A, which more accurately reflects the updated scope of services to be provided by Consultant; and
WHEREAS, all other terms and conditions of the Agreement, including but not limited to the term, compensation, and general provisions, shall remain unchanged and in full force and effect; and
WHEREAS, Consultant shall perform all services at the direction of the Assistant City Manager/ Public Works Director or his assignee, ensuring alignment with City priorities and administrative oversight;

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the Parties agree to amend the Agreement as follows:

1. Substitution of Exhibit"A'" Exhibit A - Scope of Work attached to the Agreement is hereby deleted in its entirety and replaced with the new Exhibit A - Scope of Work, attached hereto and incorporated by reference.

2. No Other Changes. Except as expressly set forth in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

3. Effective Date. This Amendment shall be effective as of the date of completion of execution by both Parties.
[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, City and Consultant have approved this First Amendment effective the day and year first above written.

CITY: CONSULTANT:

City of Upland WaterWorkForce
By: By:

Michael Blay,
City Manager
Its:

Printed Name:

ATTEST:

By: By:

Keri Johnson,
City Clerk
Its:

Printed Name:

APPROVED AS TO FORM:

By:

Stephen Deitsch,
City Attorney

EXHIBIT A
Scope of Services
The consultant's scope of work includes,but is not limited to the following Tasks and Duties:
• Accurately understand the details of City, State and Federal contractual and funding processes. • Develop an accurate scope of work outlining agency requirements and needs while ensuring strict adherence to code and funding compliance.
• Accurately analyze vendor proposals for proper scope, experience, and budgetary items to ensure the city is getting best value. Assist in the selection of consultants to prepare master plans.
• Review and confirm time estimates and project costs based on city requirements and general practice.
• Coordinate between consultants and city to ensure city satisfaction and minimize public inconvenience.This includes contract management, scheduling weekly or biweekly meeting coordination, reporting of progress,field issues, after-hours work, progress updates, submittals, and change request management.
• Work with consultants to develop projected schedules that accurately reflect the required time for each milestone in the overall requirement.
• Ensure projects stay on-time and on-budget through oversight and quality control methods. • Navigate City through complex technical, contractual, or regulatory issues. • Provide creative solutions to help lower costs or meet project objectives. • Provide documented inspections or field observations on all work being performed, supplies needed, or equipment used for the data collection.
• Liaise with and provide advice to city staff and administration regarding the projects. • Provide regular reports and progress updates to the City as required • Present to and attend meetings of management and City Council and/or Committees as required • Issue Request(s)for Proposals for all master plan contract work and conduct any tendering necessary to complete the projects in accordance with city's policies, and with industry standards.
• Responsibility for management of master plan projects, including all matters related to health and safety and site security.
• Obtain required permits, certifications, inspections, etc. as required by applicable codes and laws.
• Set, manage and control costs and schedules to ensure that the project cost and schedule objectives outlined in the RFP bid are met.
• Prepare periodic project progress/status and cost reports for review • Oversee, schedule, and manage all consultants involved in each project • Manage deficiency correction, contract close-out, and the project wrap-up • Provide design services as needed

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 12th, 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Operations Management Group, a California Corporation with its principal place of business at 2209 E.

Baseline Rd. #300-249, Claremont, CA, 91711 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

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

Engineering Administration (hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$375,000 per fiscal year of the City (the first partial fiscal year's maximum compensation shall be reduced to the prorated amount based on the remaining number of days between August 12, 2024 and June 30, 2025). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount 1

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 and Additional Work) exceed fifty thousand dollars ($50,000). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

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

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term
The term of this Agreement shall be from August 12th, 2024 to June 30th, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 2

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
3

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. 4

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. 5

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City 6

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or 7

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of"design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, 8

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved

16. Laws and Venue.

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

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Chris Alanis as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.
9

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 This Agreement is limited to and includes only the work included in the Project described above.

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

CITY: CONSULTANT:

City of Upland Operations Management Group Inc. 460 N. Euclid Avenue 2209 E. Baseline Rd. #300-249 Upland, CA 91786 Claremont, Ca. 91711
Attn: City Manager Attn: Chris Alanis
and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

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

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

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

26. Successors and Assigns
10

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND OPERATIONS MANAGEMENT GROUP, INC.

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

CITY OF UPLAND Operations Management Group, Inc.

Approved By:

DocuSignetl by: Signed by:

RAVA.Gru Pa4A,,t,
By: BB 'B'^5 By: B 86 B`'0
Stephen Parker for Michael Blay President
City Manager Its:

Chris Alanis
Printed Name:

Attested by: D 9�tlby: Signed by:

By: �. .s. By�EEtl ,_
Keri Johnson
City Clerk Its: vice President
Luis Martinez
Printed Name:

Approved as to form:
,—Signed by:

By: gtf"V fs(b,
Best Best & Krieger LLP
City Attorney
12

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49

EXHIBIT A
Scope of Services
The following scope of work outlines the essential duties and responsibilities for the management of the Public Works Department. Management reserves the right to add, modify, change, or rescind work assignments as needed to ensure qualified employees can perform the essential functions of the job effectively.

1. Comprehensive Management of Public Works Programs
- Oversee all programs, services, and activities of the Public Works Department, including engineering, utilities, maintenance, transportation operations, land development, and capital improvement projects.

2. Goal Setting and Policy Implementation
- Develop, direct, and coordinate the implementation of departmental goals, objectives, policies, procedures, and work standards.
- Establish appropriate budget, service, and staffing levels in alignment with City policies.

3. Budget Administration
- Manage and participate in the development and administration of the department's budget.
- Forecast additional funds required for staffing, equipment, and supplies. - Monitor and approve expenditures and implement necessary budgetary adjustments.

4. Personnel Management
- Select, train, motivate, and direct Department personnel. - Evaluate and review staff performance for acceptability and conformance with departmental standards.
- Address staff deficiencies, implement discipline, and manage termination procedures. - Respond to staff questions and concerns.

5. Service Quality and Efficiency Improvement
- Contribute to service quality by developing, reviewing, and implementing policies and procedures.
- Monitor and evaluate service delivery methods and procedures for efficiency and effectiveness.
- Assess and improve work distribution, support systems, and internal reporting relationships.

6. Regulatory and Technological Adaptation
- Monitor legal, regulatory, technology, societal changes, and court decisions affecting departmental work.
- Determine necessary equipment acquisition, training programs, and procedural changes to maintain qualified staff and effective service delivery.

7. Consultant and Contract Management
- Oversee the development of requests for proposals for professional services and manage the bid process.
- Evaluate proposals, recommend project awards, and negotiate contracts and agreements.
- Administer contracts post-award.

8. Engineering Oversight
- Exercise City Engineer signatory authority as established by statute or ordinance. - Direct and participate in engineering programs, including civil engineering, transportation, land development, construction inspection, and capital improvement projects.

9. Stakeholder Engagement
13

Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49 - Engage with engineers, developers, architects, contractors, outside agencies, and the public to coordinate and acquire information on engineering, public works, transportation, and utilities.
- Provide information and facilitate coordination on these matters.

10. Project Planning and Execution
- Direct the preparation of studies and reports related to transportation planning and capital improvement.
- Prepare plans, specifications, designs, estimates, contracts, schedules, and inspection projects.

11. Negotiation and Agreements
- Negotiate agreements with utility companies, developers, property owners, and other agencies for rights-of-way, easements, financial participation, and services.

12. Representation and Advocacy
- Represent the department to other City departments, elected officials, and outside agencies.
- Explain and interpret departmental programs, policies, and activities. - Negotiate and resolve significant and controversial issues.

13. Organizational Studies and Recommendations
- Conduct departmental organizational and operational studies and investigations. - Recommend modifications to programs, policies, and procedures as appropriate.

14. Public Presentations and Meetings
- Participate in and present to the City Council, committees, boards, and commissions. - Attend and participate in professional group meetings to stay updated on new trends and innovations in Public Works.

15. Documentation and Reporting
- Direct the maintenance of working and official departmental files. - Prepare, review, and present staff reports, management updates, and special project reports as assigned by the City Manager.

16. Public Relations and Inquiry Response
- Respond to public inquiries and complaints, providing resolutions and alternative recommendations.
- Serve as a spokesperson for the Department at community events, meetings, and other public relations activities.

17. Safety and Compliance
- Ensure staff observe and comply with all City and mandated safety rules, regulations, and protocols.

18. Other Duties
- Perform additional duties as assigned.
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Docusign Envelope ID: 1673428A-7934-4862-A3A7-7D6E21234C49

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

Rate Sheet for 2024-2025
Public Works Director
Hourly Rate: $175
This rate sheet outlines the hourly rate for the Public Works Director for the 2024-2025 fiscal year. 15

of tit.
ti5 , .
* � �) CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT �9L4-1,00t
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract")if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending,and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization.This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company,or any agent/board member on behalf of you or your company/entity,made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
1C. NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
(>41-NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It es, howeve preclude the identified Council Member(s)from participating in any actions related t yo op al application. 21\
D to Si atu of authorized individual Company/Applicant Na i ,r m/e (Levine Act definitions on reverse side)

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 12th, 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and WaterWorkforce, a California corporation with offices at 1619 Couples Court, Upland, CA 91784 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

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

Engineering Administration (hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$150,000 per fiscal year of the City(the first partial fiscal year's maximum compensation shall be reduced to the prorated amount based on the remaining number of days between August 12, 2024 and June 30, 2025). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000). Any additional work in excess of this amount shall be approved by the City Council.
1

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD

3. Additional Work.

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

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term
The term of this Agreement shall be from August 12th, 2024 to June 30th, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD

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

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

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. 3

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
4

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD (I) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of'the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
5

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
6

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
7

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of"design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.
8

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved

16. Laws and Venue.

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

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Bret Kadel as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

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

21. Notice
9

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT:

City of Upland WaterWorkforce
460 N. Euclid Avenue 1619 Couples Court,
Upland, CA 91786 Upland CA 91784
Attn: City Manager Attn: Bret Kadel
and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

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

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

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

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

27. Non-Waiver
10

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

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

29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND WATER WORKFORCE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND WaterWorkforce
Approved By:
,-Docusigned by: Do_cu/Signed b/y:'
B sops. lea s/`u B rbruf 6
yresauro e rbwu By: e eLLeLes eras.,
Stephen Parker for Michael Blay
City Manager Its: CEO
Bret Kadel
Name:

Attested by:
,-DocuSignetl by: DocuSignetl by:

By: eerin,i,a By: r
K Johnson
City Clerk Its: Administrative Coordinator
Myranda Kelly
Name:

Approved as to form:

Signed by:

By: SfcioAA. Oufsd4,
4oE
Best Best & Krieger LLP
City Attorney
12

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD

EXHIBIT A
STAFFING SUMMARY:

This role, operating under the guidance of allocated management, is responsible for carrying out assigned task orders to support the operational needs of the City of Upland Utility Division. These responsibilities encompass Acting Utility Manager staff augmentation, On-call Services and Water Staff Augmentation as specified in the "Temporary Staffing Rates." The task and responsibilities of the Acting Utility Manager and Water Staff Augmentation shall be the same as the City's job description for Utility Manager and the corresponding positions as shown in the "Temporary Staffing Rates".

ESSENTIAL FUNCTIONS and CERTIFICATIONS REQUIRED:

The essential functions and necessary certifications are all detailed in City of Upland job descriptions. These encompass a wide range of roles, including Water Production, Water Treatment, Water Distribution, Sewer Collections, and Electrical/Technical positions within the City of Upland Utility Division. All on-call services and staff augmentation will require compliance with these essential functions and certifications, ensuring the proper coverage and expertise for the designated roles.
(continued - see attachments)
13

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
(See attached fee schedule)
14

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD WATERWORKFORCE Exhibit A
leof
16\ WATER ANO WASTEWATER EXEERTS
Task Order Task Order#2023-8-01
Client Information
Name: Citvof Upland Contact: Braden Yu
Address:060 N Euclid Avenue Phone: (909)291-2930 Upland, Ca 91786 Email:[email protected]
Assignment
Position Job Name: Utilities Manager
Department: Public Works Reports To: Braden Yu Location: 060 N Euclid Avenue Upland. CA 91786
Assigned Facility(s): Public Works Utilities
Duration of Placement: August 2023 to Feburary 2024 Work Schedule:Start Time:TBD End Time:TBD Days of the week: TBD Scope of placement: Please see lob descriptions attached.

WaterWorkforce Fee Schedule
Position Local Regular Hourly Scale Travel Rate Utilities Manager $135.00 $156.50
City of Upland WaterWorkforce INC
Signature Signature
Printed Name Printed Name
Title Title
Date Date

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91 F4E0B3E6BD - - I
Or UN
0`�4 Utilities Manager
Class Code:
�� 211
Bargaining Unit: Mid-Management Employee
Association
Bt1FOAIyti

CITY OF UPLAND
Established Date: Jan 1, 2017
Revision Date: Jan 23, 2023

SALARY RANGE
$59.75 - $76.26 Hourly
$10,357.29 - $13,218.82 Monthly
$124,287.53 - $158,625.88 Annually
GENERAL PURPOSE:

Under general direction, plans, organizes, oversees, coordinates, and manages the staff and operations of the Public Works Utilities Division, including water and sewer operations, engineering and customer service, and water resources planning and management; reviews water, recycled water, and wastewater land development; oversees the City's capital improvement project planning, contract management, and Implementation functions; oversees environmental review and Geographic Information Systems (GIS) mapping; manages the effective use of division resources to improve organizational productivity and customer service; provides complex and responsible support to the Director of Public Works in areas of expertise;and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Public Works. Exercises direct supervision over supervisory, professional, and technical support staff.

CLASS CHARACTERISTICS:

This is a management classification responsible for planning, organizing, and managing the staff, operations, and activities of the Utilities Division, including water and sewer operations, engineering and customer service, and water resources planning and management.

Incumbents are responsible for performing diverse, specialized, and complex work involving significant accountability and decision-making responsibilities, which include division budget administration, program evaluation, and recommendation and implementation of policies, procedures, goals, objectives, priorities, and standards related to the City's water, wastewater, and storm drain utility systems. Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable Independence, Initiative, and discretion within broad guidelines.

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD ! ESSENTIAL DUTIES AND RESPONSIBILITIES:

Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job.
• Plans, manages, and oversees the daily functions, operations, and activities of the City's water and sewer operations which includes treatment plants, reservoirs, pumping stations, pressure regulating stations, well pumps, remotely operated valves, and distribution mains to ensure the delivery of safe drinking water in compliance with federal, state, and local regulations; monitors sewer collection mains and other sewage facilities; properly manages water supply resources, operating efficiencies, and proper operation and maintenance of water system facilities; maintains cleaning schedules of sewer pipelines.
• Participates in the development and implementation of goals, objectives, policies, and priorities for assigned functions; recommends within department policy, appropriate service and staffing levels; recommends and administers policies and procedures. • Participates in the development, administration, and oversight of division and department budgets; determines funding needed for staffing, equipment, materials, and supplies;ensures compliance with budgeted funding; monitors department budgets and expenditures.
• Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities and makes recommendations for improvement.
• Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies; recommends and implements discipline and termination procedures.
• Develops and manages requests for proposals for professional and/or contracted services; prepares scope of work and any technical specifications; evaluates proposals and recommends award; negotiates contracts; administers contracts to ensure ' compliance with City specifications and service quality. • Acts as liaison and discusses issues related to municipal utility systems with other City departments as well as developers, contractors, subcontractors, financial institutions, businesses, and their representatives.
• Directs, coordinates, reviews, and updates the Water Systems Operations Plan; oversees and coordinates water meter services; reviews meter testing to ensure accuracy and compliance.
• Participates in the planning of new utilities facilities and systems; participates in the development of specifications for the purchase of equipment; implements and complies with and monitors hazardous material procedures and local, county, state, and federal regulations.
• Prepares and presents staff and agenda reports and other necessary correspondence related to assigned activities and services; attends City Council, Planning Commission, and other board meetings; conducts presentations and provides technical advice regarding assigned functions; prepares and conducts public meetings and presentations for community groups.
• Conducts a variety of organizational and operational studies and investigations; recommends modifications to assigned programs, policies, and procedures, as appropriate.
• Serves as a liaison and provides technical guidance and assistance for assigned functions with other City departments, divisions, businesses, outside agencies, and other interested parties; provides staff support to commissions, committees, and task forces, as necessary.
• Attends and participates in professional group meetings; stays abreast of new trends and innovations in municipal utility systems; researches emerging products and enhancements and their applicability to City needs.

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91 F4E0B3E6BD • Monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval.
• Receives, investigates, and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action.
• Directs the establishment and maintenance of working and official division files. • Ensures staff compliance with City and mandated safety rules, regulations, and protocols.
• Performs other duties as assigned.

QUALIFICATION GUIDELINES:

Knowledge of:
• Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and project management. • Principles and practices of budget development and administration. • Principles and practices of employee supervision, including work planning, assignment, review and evaluation,and the training of staff in work procedures. • Principles and practices of leadership.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned areas of responsibility. • Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility.
• Principles and practices of contract administration and management. • Civil, hydraulic, mechanical, and sanitary engineering theory, principles, and practices, including their application to a wide variety of water production and distribution applications.
• Principles, procedures, standards, practices, information sources, and trends in the fields of municipal water production and distribution facility operations. • Principles and practices of engineering and construction, including project and construction management as applied to municipal water production and distribution facility operations.
• Environmental engineering principles, practices, and methods. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
• Recent and on-going developments, current literature, and sources of information related to the operations of the assigned division.
• Methods and techniques of preparing technical and administrative reports, and general business correspondence.
• City and mandated safety rules, regulations, and protocols. • Modem equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Techniques for providing a high level of customer service by effectively dealing with the public,vendors, contractors,and City staff.

Ability to:
• Plan, organize,oversee, and manage the Utilities division staff and operations.

Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD • Develop and implement goals, objectives, practices, policies, procedures, and work standards.
• Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner.
• Provide administrative, management, and professional leadership for the division. • Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies, procedures, and standards relevant to work performed.
• Evaluate and develop improvements in operations, procedures, policies,or methods. • Perform and coordinate utility studies and other assigned programs and projects. • Make persuasive oral and written presentations.
• Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
• Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
• Analyze, interpret, summarize, and present technical information and data in an effective manner.
• Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports. • Effectively represent the division and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, the media,and in meetings with individuals.
• Direct the establishment and maintenance of a variety of filing, record-keeping, and tracking systems.
• Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.
• Effectively use computer systems, software applications relevant to work performed, and modem business equipment to perform a variety of work tasks. • Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

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

Education:
• Equivalent to a bachelor's degree from an accredited college or university with major coursework in civil engineering, business administration, public administration, or a related field.
o (Substitution: An associate degree plus five (5) additional years of related experience may substituted for the required bachelor's degree.) Experience:
• Seven (7) years of increasingly responsible experience in water production and distribution system operations, or a related field, of which two (2)years should be in a lead or supervisory capacity.

Licenses and Certifications:
• Possession of a valid California Driver's License, to be maintained throughout employment.
• Possession of a valid registration as a Professional Engineer (PE) issued by the California State Board of Registration for Civil and Professional Engineers, to be maintained throughout employment.
• Possession of a valid Grade V (D-5) Water Distribution Certificate from the State of California, to be maintained throughout employment.