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 7
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.
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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 Mike Medve 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.
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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 Willdan Financial Services
460 N. Euclid Avenue 27368 Via Industria, Suite 200 Upland, CA 91786 Temecula, CA 92590
Attn: Finance Manager Attn: Mike Medve - Principal Consultant 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.
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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]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND AND WILLDAN FINANCIAL SERVICES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF UPLAND WILLDAN FINANCIAL SERVICES
Approved By:
By: By:
Michael Blay,
City Manager Its:
Printed Name:
(Two Signatures of Corporate Officers Required
For Corporations)
By:
Its:
Printed Name:
Attested by:
By:
Keri Johnson,
City Clerk
Approved as to form:
By:
Best Best & Krieger LLP
City Attorney
12
EXHIBIT A
Scope of Services
Scope of Services
It is important to note that while performing each service outlined herein, Willdan Financial Services ("Willdan") will rely on the validity and accuracy of the City of Upland's ("City") data and documentation to complete our analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy, and that we will not be responsible for any errors that result from inaccurate data provided by the client or a third party.
Community Facilities District Administration
Willdan provides full-service formation and administration services for Community Facilities Districts (CFDs). The following is our standard scope of services for administration. Should the City desire to form additional CFDs in the future, Willdan would be happy to submit a supplementary proposal upon request.
1. Maintain and periodically update an electronic database containing parcel basis data and annual special tax levy amounts by Assessor's Parcel Number (APN).
2. Annually calculate and apportion the special taxes, as specified in the Rate and Method of Apportionment of Special Tax.
3. Prepare (if required)an annual resolution that establishes the budget for the fiscal year and application of the special tax to be submitted to the County of San Bernardino ("County"), including the special tax summary for the fiscal year.
4. Provide special tax levies for each parcel by APN to the County Auditor/Controller's Office in the media, format, and configuration required by the County for placement on the annual property tax roll.
5. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller's Office. On behalf of the City, Willdan will manually invoice special tax installments that cannot be collected on the County property tax roll.
6. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding special tax installments and related information.
7. Monitor delinquencies each January/February and May/June and submit periodic reports to the City.
8. Prepare an annual special tax report. This report will include:
■ The identification and recovery of CFD administrative costs; ■ Review of fund balances to identify any surplus funds; ■ Debt service requirements;
■ Delinquency summaries; and
■ Related recommendations or issues.
9. Provide an annual report to the California Debt and Investment Advisory Commission (CDIAC) by October 30 if required by the California Government Code, section 53359.5(b), as amended.
10. Prepare "Notice of Special Tax" as required by the California Government Code, sections 53340.2(b) and 53341.5, as amended. The fee for this service is$15 per Notice and is to be paid by the requestor.
11. Be available to attend meetings.
12. Calculate written prepayment quotes (if allowable) for individual special tax liens, as described in the Rate and Method of Apportionment of Special Tax or by resolution. For parcels prepaying the special tax,Willdan will coordinate the removal of the lien.The fee for this service is$500 per calculation,which is to be paid by the requestor.
13. Perform required bond call spreads and coordinate the early redemption of outstanding bonds. The fee for this service is hourly, using our then-current hourly rates (see"Additional Services" section). 13
Client Responsibilities CFD Administration
Willdan will rely on being able to obtain the following information from the City in order to efficiently administer the CFDs:
• The budget summary to be incorporated into the annual resolution establishing the budget; and • Assist Willdan in obtaining information. Although Willdan will annually research information regarding land subdivision, issuance of building permits and/or Certificates of Occupancy (as required by the City), Willdan may require assistance from the City.
Delinquency Management
In order to assist the City to comply with its foreclosure covenant to bondholders, Willdan will provide the following delinquency management services:
1. Monitor delinquent tax bill payments in January/February and May/June of each year.
2. Provide periodic delinquency reports to the City, including a detailed listing of current and prior year unpaid tax installments and recommendations for collections.
3. Send a delinquency reminder letter after the first installment of the tax bill becomes delinquent.
4. Send a 30-day delinquency demand letter after the second installment of the tax bill becomes delinquent.
5. Each demand letter will include a brochure providing answers to commonly asked questions regarding delinquencies.
6. Cause the removal of the delinquent installments of special taxes for the current and/or prior tax year(s) from the County tax roll. Such removal will comply with SB 1471.
7. Send a final 21-day delinquency foreclosure letter to each delinquent property owner after receiving confirmation from the County for the removal of the delinquent special taxes. Foreclosure letters shall contain a brochure providing answers to"Frequently Asked Questions(FAQs)"regarding delinquencies and judicial foreclosures.
8. Send those parcels, whose special taxes continue to remain delinquent after 21 days from the mailing of foreclosure letters to the City for collection. The City will collect the delinquent amount and all applicable penalties, interest, fees, and other authorized costs through the City-retained foreclosure counsel.
9. Provide a toll-free telephone number for Willdan to field inquiries from City staff, parcel owners, lenders, and other interested parties concerning annual installments and delinquencies. This number shall be available throughout the entire delinquency management/foreclosure process.
10. Assist foreclosure counsel to initiate and prosecute judicial foreclosure proceedings according to the bond foreclosure covenants for those parcels sent to foreclosure.
11. Provide (upon request) payoff quotes for stripped delinquent special tax installments for all interested parties. Fees for this service are paid by the requesting party and may be charged to a credit card; there is no charge to the City.
Optional Subsequent Foreclosure Services
Once the delinquent taxes have been forwarded to judicial foreclosure counsel, Willdan will provide the following services upon request:
1. Prepare and forward a detailed report of the parcels to be foreclosed to foreclosure counsel.
2. Provide foreclosure counsel with the necessary City resolutions and other documents to proceed with the judicial foreclosure process.
3. Keep the City and foreclosure counsel apprised of special situations arising of which we become aware, such as bankruptcies of parcel owners, County tax foreclosure sales, Deed of Trust "Trustee" foreclosure sales, etc.
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4. Provide foreclosure counsel with "subsequent year" delinquency information consisting of any installments/years that become delinquent on parcels already in foreclosure.
5. Generally respond to inquiries from City staff and foreclosure counsel regarding the status of a foreclosure action and other pertinent, relevant information.
6. Negotiate, at the discretion and approval of the City, a repayment schedule (payment plan)to cure the delinquency and avoid initiation of judicial foreclosure.
Continuing Disclosure
The following outlines the tasks to be performed to fulfill the City's disclosure reporting obligations in connection with each of its Special Tax Bonds. These annual disclosure services will be conducted as part of the annual administration services of the City's bonded CFDs.
1. Collect and compile pertinent parcel,debt and District data required to be reported under the Continuing Disclosure Agreement of each of the City's Special Tax Bonds and each of the Finance Authority's Special Tax Revenue Bonds.
2. Prepare a draft of each Annual Disclosure Report for the City's review.
3. Collect data and other third-party information required to be included in the continuing disclosure report and CDIAC Report directly from the City, trustees, fiscal agents, state and county agencies and others.
Review the information for accuracy and compliance with continuing disclosure documents.
4. Finalize and disseminate each Annual Disclosure report to EMMA (Electronic Municipal Market Access), appropriate State Information Depositories and other parties as required.
5. Prepare and file, upon notification by the City and/or if Willdan becomes aware of such an occurrence, including a change in ratings, a Notice of Occurrence of Listed Event.
6. As a Dissemination Agent under a Developer/Owner Continuing Disclosure Agreement in connection with City Special Tax Bonds, disseminate periodic disclosure reports and other required notices acceptable for filing.
Client Responsibilities Continuing Disclosure
Willdan will rely on being able to obtain the following information from the City in order to efficiently provide continuing disclosure services:
• Financial and operating information, including but not limited to: bond documentation, communications with CDIAC, adopted budget, audited and unaudited financial statements (if audited financials are not available), bank statements/transactional data, and current fund balances. • Timely review of draft continuing disclosure report and draft CDIAC Report. • Authorization to disseminate continuing disclosure report and file CDIAC Report. • All information relating to any change to the credit ratings or the occurrence of Listed Events as identified in the Continuing Disclosure Agreement within three business days from the date of occurrence of such event.
• All ratings reports sent to the City by any rating agencies.Authorization for Rating Agencies,Trustees, and any other third parties to send information directly to Willdan. 15
Project Disclaimer
The Client further represents, acknowledges and agrees that:
(i) The Client uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission ("SEC") to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The Client is not looking to Willdan to provide, and Client shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); (iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the"Exchange Act"), and the rules and regulations adopted thereunder; (iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash-flow analyses,feasibility studies and/or other analyses Willdan may provide the Client with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the Client, (A)any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the Client, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the Client recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the Client will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the Client is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.
Staffing
Mr. Mike Medve, Principal Consultant, will continue to serve as the project manager for this engagement and Mr. Tyler Green will be the analyst dedicated to the project's administration. They will be backed by our team of over 30 analysts, project managers, and principal consultants. 16
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.
17
Fees for Service
Community Facilities District Annual Administration
Willdan will perform the aforementioned services for the annual fee of$73,098.If the number of parcels within increases substantially, it may cause a change in our fee structure. Hourly rates,fees,and expenses are subject to increase, not to exceed the Consumer Price Index within the applicable area.
Community Facilities District
Annual Administration
Community Facilities Distr •arcel Count Annual Fees CFD 2003-1 (Upland 54) 58 $5,155
CFD 2003-2(The Colonies at San Antonio)IA 1 464 14,803 CFD 2003-2(The Colonies at San Antonio)IA 2 52 12,032 CFD 2015-1 (Sycamore Hills)IA 1 194 5,603
CFD 2015-1 (Sycamore Hills)IA 2 193 5,290
CFD 2016-1 (Harvest)IA 1 377 6,486
CFD 2016-1 (Harvest)IA 2 233 5,461
CFD 2016-2(Harvest Maintenance) 610 7,206 CFD 2017-1 (Maintenance Services) 387 6,342 CFD 2022-1 (Enclave at Upland) 237 4,720
Payoff Quote*(as requested) $500 per request
* The requesting party pays for fees for this service. There is no charge to the City.
Future CFD's & Improvement Areas
Annual Administration
Base Fee Per Parcel
$3,750 $3.00
Delinquency Management
As the service is rendered,the following fees will be invoiced to the City. They are ultimately paid by, or on behalf of, the delinquent property owner.
Delinquency Management Services Fee
Fees Ultimately Reimbursed to Agency Recoverable Through the Special Tax Levy Reminder Letter(Per Parcel/Per District) $ 15 Demand Letter(Per Parcel/Per District) $ 45 Fees Ultimately Reimbursed to Agency by Delinquent Property Owner Foreclosure Letter(Per Parcel/Per District) $ 65 Prepare and Monitor Payment Plan(Per Parcel/Per District) $ 200 Effect Removal from Tax Roll and Record Subsequent Notice of Satisfaction $ 125 Subsequent Foreclosure Service Fee(Per Parcel) $ 150 Fees Paid Directly to Willdan by Requestor
Delinquency Demand Payoff(1) $ 50
Zero Demand(1) $ 50
(1) This fee complies with Section 8833 of the California Streets and Highways Code and/or Section 53356.2 of the California Government Code, which requires recording of a Notice of Intent to Remove Delinquent Special Assessments and/or Special Taxes from the County Tax Roll. It DOES NOT include the County tax roll removal charge or similar fee, if any.
18
Fees for Service
Community Facilities District Annual Administration
Willdan will perform the aforementioned services for the annual fee of$73,098.If the number of parcels within increases substantially, it may cause a change in our fee structure. Hourly rates,fees,and expenses are subject to increase, not to exceed the Consumer Price Index within the applicable area.
Community Facilities District
Annual Administration
Community Facilities Distr •arcel Count Annual Fees CFD 2003-1 (Upland 54) 58 $5,155
CFD 2003-2(The Colonies at San Antonio)IA 1 464 14,803 CFD 2003-2(The Colonies at San Antonio)IA 2 52 12,032 CFD 2015-1 (Sycamore Hills)IA 1 194 5,603
CFD 2015-1 (Sycamore Hills)IA 2 193 5,290
CFD 2016-1 (Harvest)IA 1 377 6,486
CFD 2016-1 (Harvest)IA 2 233 5,461
CFD 2016-2(Harvest Maintenance) 610 7,206 CFD 2017-1 (Maintenance Services) 387 6,342 CFD 2022-1 (Enclave at Upland) 237 4,720
Payoff Quote*(as requested) $500 per request
* The requesting party pays for fees for this service. There is no charge to the City.
Future CFD's & Improvement Areas
Annual Administration
Base Fee Per Parcel
$3,750 $3.00
Delinquency Management
As the service is rendered,the following fees will be invoiced to the City. They are ultimately paid by, or on behalf of, the delinquent property owner.
Delinquency Management Services Fee
Fees Ultimately Reimbursed to Agency Recoverable Through the Special Tax Levy Reminder Letter(Per Parcel/Per District) $ 15 Demand Letter(Per Parcel/Per District) $ 45 Fees Ultimately Reimbursed to Agency by Delinquent Property Owner Foreclosure Letter(Per Parcel/Per District) $ 65 Prepare and Monitor Payment Plan(Per Parcel/Per District) $ 200 Effect Removal from Tax Roll and Record Subsequent Notice of Satisfaction $ 125 Subsequent Foreclosure Service Fee(Per Parcel) $ 150 Fees Paid Directly to Willdan by Requestor
Delinquency Demand Payoff(1) $ 50
Zero Demand(1) $ 50
(1) This fee complies with Section 8833 of the California Streets and Highways Code and/or Section 53356.2 of the California Government Code, which requires recording of a Notice of Intent to Remove Delinquent Special Assessments and/or Special Taxes from the County Tax Roll. It DOES NOT include the County tax roll removal charge or similar fee, if any.
19
4 or 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.
May 2, 2025
Date Signature of authorized individual
Willdan Financial Services
Company/Applicant Name
(Levine Act definitions on reverse side)
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: May 27,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER
STACI SULLIVAN,FINANCE MANAGER
DARREN CHAN,ACCOUNTING TECHNICIAN
SUBJECT: TREASURER'S REPORT APRIL 2025
RECOMMENDED ACTION
It is recommended that the City Council receive and file the April 2025 Treasurer's Report.
GOAL STATEMENT
The proposed action supports the City's goal to manage the City's resources in a fiscally responsible manner.
BACKGROUND
Per California Government Code Section 53646(b),the City's treasurer or chief fiscal officer may render a treasurer's report to the City Council on a quarterly basis. The City has elected to provide this report to City Council monthly, but the City of Upland's Investment Policy(Approved June 10, 2024) requires the Investment Officer to provide a report quarterly to the Finance Committee at regularly scheduled meetings. This report shall include the type of investment, issuer, date of maturity,par, and dollar amount invested on all securities, current market value as of the date of the report,investments and monies held by the local agency and shall additionally include a description of any of the local agency's funds,investments,or programs,that are under the management of contracted parties,including lending programs. The report shall include a statement of compliance with the investment policy and shall include a statement noting the City's ability to meet its expenditure requirements for the next six months.
ISSUES AND ANALYSIS
The submission of the monthly Treasurer's Report is a compliance measure.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority For Period Ended
April 30,2025
Investment Portfolio Cost Par Value Market Value %of Portfolio State Local Agency Investment Fund 1,303,819 _ 1,303,819 1,316,637 0.91% California Asset Management Plan 40,817,576 40,817,576 40,817,576 28.14% Negotiable Certificates of Deposit 17,742,110 17,727,000 17,718,099 12.21% Money Market Fund 1,402,801 1,402,801 1,402,801 0.97% Municipal Bonds 4,462,986 4,555,000 4,482,473 3.09% Government Agency Securities 72,757,373 74,033,700 72,608,309 50.06% Corporate Bonds _ 2,000,000 _ 2,000,000 _ 2,025,300 1.39% US Treasury 4,593,925 4,750,000 4,680,155 3.23% Total Investments $ 145,080,589 $ 146,589,896 $ 145,051,351 100.00% Weighted Average Days to Maturity 632.10
Blended Yield: 3.23%
Cash Cost Market Value
Bank Accounts and Change Funds 2,599,122 2,599,122
Total Cash $ 2,599,122 $ 2,599,122
Total Cash and Investments $ 147,679,711 $ 147,650,473 PARS Investment Portfolio Cost Market Value
115 Trust-OPEB Investment 2,030,909 2,615,569
115 Trust-Pension Investment 9,297,432 10,288,163 Total Restricted Funds Held in Trust $ 11,328,341 $ 12,903,732 Benchmarks:
LAIF 4.28%
CAMP 4.45%
2yr U.S.Treasury 3.60%
5yr U.S.Treasury 3.72%
Restricted Funds with Fiscal Agent Book Value Market Value Water Revenue Bonds 2022 - 15,502,417 11 15,502,417 Water System Lease Revenue Refunding Bonds 2021 5 5 Successor Agency TARBS 2013/2016-Merged Project _ - - Colonies CFD Area#1 2022 287,726 287,726
Colonies CFD Area#2 2015 1,328,144 1,328,144 Upland 54 CFD 2004 124,917 124,917
Sycamore Hills CFD 2015-1 _ 728,559 728,559
Harvest at Upland CFD 2016-1 Area#1 574,718 574,718 Harvest at Upland CFD 2016-1 Area#2 2,164,319 2,164,319 Enclave at Upland CFD 2022-1 488,285 488,285 Sycamore Hills CFD 2015-1-2 STB 2022A 757,753 757,753 Total Restricted Funds $ 21,956,843 $ 21,956,843
1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council in June 10,2024.
2. The City has the ability to meet its budgeted expenditures for the next six months.
3. The market values for funds held in banking institutions do not change. The amounts listed as market values for these items are the same as their book values.
4. The book value for the State Pool is the withdrawal value provided by the State Treasurer.The market value of funds held by the State Treasurer equates to the City's pro-rata share of the market value of the entire State Pool.
5. Sources for current market valuation are Account Statements and the Wall Street Journal GNMA Mortgage rates on the last trading day of the month.
6. This report meets the requirements of Government Code Section 53646.
DocuSigned by:
5/20/2025 I 9:59 AM PDT
111 Fe 1.rc_erre(le
Assistant City Manager(Finance Director) Date
-DocuSigned by:
5/20/2025 I 4:47 PM PDT
�uueua.ruaeuaas...
City Treasurer Date Fa1gedlegc0Pr2@n
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For Period Ended
April 30, 2025
Account
Fund or Account Balance
City of Upland 98-36-942 1,303,819
Market
Value
Totals $ 1,303,819 $ 1,316,637 *
Yield for Period Ended 4/30/2025 4.28%
Preparpagg CM
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority California Asset Management Plan
For Period Ended
April 30, 2025
Account
Fund or Account Balance
City of Upland 6113-001 40,817,576
Market
Value
Totals $ 40,817,576 $ 40,817,576
Yield for Period Ended 4/30/2025 4.45% *
*Monthly Distribution Yield per statement ending 04/30/25 Preparpa10 Cillrfe gLap
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
April 30,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Negotiable Certificates of Deposit
A+FCU CD 00224TAN6 250,000 250,000 251,270 4.68% 02/17/2026 Alabama CU CD 01025RAF6 250,000 250,000 251,480 5.02% 12/22/2025 American Equity Bank CD 02568KAJ4 250,000 250,000 241,195 0.73% 05/27/2026 American Exp CD 02589AEZ1 250,000 250,000 253,620 4.53% 09/13/2028 BMW Bank North America CD 05580AXF6 250,000 250,000 246,218 0.51% 09/25/2025 Bank Hapoalim CD 06251A6Z8 244,000 244,000 248,026 4.43% 05/21/2029 BankUnited NA CD 066519RW1 249,000 249,000 238,450 1.41% 12/08/2026 Baxter CU CD 07181JAY0 250,000 250,000 251,760 4.47% 01/25/2027 California CD 130162BB5 250,000 250,000 251,773 5.61% 10/27/2025 Capital One NA CD 14042RQN4 250,000 250,000 239,073 1.31% 12/08/2026 Chartway FCU CD 16141 BAD3 248,000 248,000 249,414 5.02% 12/16/2025 Citibank CD 17325FBK3 513,250 500,000 509,480 4.75% 08/06/2029 City FCU Tax CD 17783PAJ0 249,000 249,000 247,419 3.98% 01/12/2029 City National Bank CD 178180GU3 250,000 250,000 250,523 4.34% 01/12/2026 Clearpath FCU CD 18507MAB7 250,000 250,000 250,145 5.10% 04/27/2026 Communitywide FCU CD 20416TAX0 250,000 250,000 251,013 4.68% 01/06/2026 Connex CU CD 208212601 250,000 250,000 252,903 5.34% 03/18/2026 Connexus CU CD 20825WBR0 250,000 250,000 250,360 5.14% 06/23/2025 Continental Bank CD 211163MG2 250,000 250,000 238,950 0.63% 08/24/2026 Cornerstone CD 21923MAB7 249,000 249,000 244,503 3.77% 10/01/2029 Customers Bank CD 23204HPB8 250,000 250,000 252,785 4.45% 06/14/2028 Discover Bank CD 254676AR0 250,000 250,000 254,133 4.57% 09/18/2028 Dort FCU CD 25844MBC1 250,000 250,000 252,483 4.90% 06/22/2026 Empower FCU CD 291916AE4 250,000 250,000 254,945 5.34% 10/23/2026 Essential CU CD 29669XAP3 250,000 250,000 253,048 4.64% 06/15/2027 Fahey Banking Co CD 303117DG7 250,000 250,000 248,725 3.92% 01/12/2028 First Carolina Bank CD 31944MBJ3 250,000 250,000 244,233 0.51% 12/23/2025 First Foundation Bank CD 32026U5U6 244,000 244,000 248,028 4.53% 05/22/2029 FirstBank of Nebraska CD 32116PAR9 248,000 248,000 236,929 0.63% 08/27/2026 1st Source Bank CD 33646CNW0 250,000 250,000 250,233 4.60% 01/19/2027 First Technology FCU CD 33715LEB2 249,000 249,000 246,582 3.69% 08/05/2027 Generations Bank C D 37149CAV9 250,000 250,000 245,170 3.16% 05/06/2027 Gesa CU CD 37424PAH7 250,000 250,000 253,613 5.18% 07/31/2026 Global FCU CD 37892MAM6 248,000 248,000 250,574 4.95% 06/16/2026 Great Midwest CD 39083PDQ2 249,000 249,000 252,227 4.44% 04/27/2029 Greenstate CU CD 39573LCC0 250,000 250,000 245,445 0.92% 11/24/2025 Gulf Cap Bank CD 40219MAY0 248,000 248,000 245,768 3.88% 09/27/2028 Ideal CU CD 45157PAY6 125,000 125,000 124,905 4.00% 08/29/2025 Iriquois Fed CD 46355PDQ8 249,000 249,000 252,411 4.64% 09/17/2027 Jeanne D Arc CD 472207AK5 249,000 249,000 251,174 4.36% 07/31/2028 JPMorgan Chase Bank CD 48128URC5 250,000 250,000 245,243 0.51% 11/10/2025 Kemba FCU CD 48836LBK7 248,000 248,000 248,201 5.40% 05/29/2029 Liberty FED CD 53052LAU3 248,000 248,000 248,226 5.10% 06/09/2025 Live Oak Banking Company CD 538036NV2 250,000 250,000 246,545 0.56% 09/16/2025 Malaga Bank CD 56102ABK1 250,000 250,000 237,878 0.89% 11/19/2026 Meritrust FCU MTN CD 59001PARO 225,000 225,000 224,602 3.21% 06/30/2025 Milestone Bk CD 59934MAK4 244,000 244,000 245,332 4.38% 12/15/2026 Morgan Stanley CD 61690DRE0 244,000 244,000 248,480 4.57% 05/22/2029
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
April 30,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Morgan Stanley CD 61768E4B6 244,000 244,000 248,480 4.57% 05/22/2029 NBC Bancorp Inc CD 633398AA0 248,000 248,000 250,614 4.80% 09/14/2026 New York Community Bank CD 649447UY3 250,000 250,000 248,398 0.50% 07/01/2025 Optum Bank Draper CD 68405VAU3 244,000 244,000 247,148 4.64% 09/13/2027 People's Bank CD 710275AH1 250,000 250,000 249,855 4.05% 01/12/2027 Popular Bank CD 73317ABL5 250,000 250,000 250,033 4.19% 01/08/2026 Preferred CU CD 74043RAA2 250,000 250,000 255,083 4.90% 09/15/2027 Red Crown Fed CD 756558AB8 200,000 200,000 203,738 5.30% 10/13/2026 Solarity CU CD 83418NAG6 248,000 248,000 250,755 4.99% 06/23/2026 Southeast Bank CD 84133PFC7 250,000 250,000 248,740 0.45% 06/17/2025 Southern First CD 84287PJB9 244,000 244,000 250,210 4.73% 10/17/2028 State Employees CD 85678LAA3 249,000 249,000 252,449 4.73% 05/24/2027 Tandem Bank CD 87537YAB0 250,000 250,000 248,708 0.55% 06/23/2025 Texas Exchange Bank CD 88241TMG2 249,000 249,000 238,173 1.20% 11/13/2026 Third Federal Savings&Loan CD 88413QDE5 250,000 250,000 249,455 0.80% 05/23/2025 Toyota Financial Savings Bank CD 89235MLE9 249,860 248,000 238,675 0.99% 07/29/2026 True Sky Credit CD 89786MAH7 250,000 250,000 252,388 4.46% 11/30/2027 TTCU Federal CU CD 89854LAD5 250,000 250,000 256,720 4.87% 07/26/2028 Tucson FCU CD 898812AC6 250,000 250,000 256,898 4.87% 09/08/2028 USAlliance FCU CD 90352RCD5 100,000 100,000 98,009 1.36% 01/28/2026 USAlliance FCU CD 90352RDL6 149,000 149,000 152,128 4.60% 06/28/2029 Union Bank CD 90520VAX1 250,000 250,000 242,488 0.62% 03/19/2026 Utah First CD 91739JAJ4 249,000 249,000 252,665 4.48% 04/30/2029 Vibrant CU CD 92559TAL2 248,000 248,000 250,807 5.29% 03/20/2026 Negotiable Certificates of Deposit Subtotal $ 17,742,110 $ 17,727,000 $ 17,718,099 Cash and Equivalents(Money Market Fund)
First American Govt OB Fund-Y 31846V203 1,402,801 1,402,801 1,402,801 3.97% Money Market Fund Subtotal $ 1,402,801 $ 1,402,801 $ 1,402,801 Municipal Bond Fund
Burbank Glendale,CA 120827EJ5 2,029,661 1,990,000 2,063,332 4.99% 07/01/2029 Corona, CA 21969AAH5 924,000 1,000,000 925,670 2.21% 05/01/2029 Klamath Trinity, CA-2021 B 498422JJ4 15,075 15,000 14,904 1.53% 08/01/2025 Riverside,CA 769036BR4 944,250 1,000,000 940,020 3.00% 06/01/2029 San Bernardino, CA 796720PA2 300,000 300,000 297,480 0.84% 08/01/2025 San Bernardino,CA 796720PB0 250,000 250,000 241,068 1.14% 08/01/2026 Municipal Bond Fund Subtotal $ 4,462,986 $ 4,555,000 $ 4,482,473 PIRgitjgIlrAartfirlS4I3n
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
April 30,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Government Securities
Federal Home Ln Bks DEB 313OAKLH7 1,500,000 1,500,000 1,474,500 0.76% 12/30/2025 Federal Home Ln Bks DEB 3130AKQX7 2,000,000 2,000,000 1,950,700 0.72% 01/28/2026 Federal Home Ln Bks DEB 313OAKWK8 2,000,000 2,000,000 1,945,140 0.52% 02/12/2026 Federal Home Ln Bks DEB 3130AL6A7 1,000,000 1,000,000 975,370 0.82% 02/26/2026 Federal Home Ln Bks DEB 3130AL6L3 1,000,000 1,000,000 974,980 0.77% 02/26/2026 Federal Home Ln Bks DEB 3130ALPJ7 1,000,000 1,000,000 994,160 0.82% 06/30/2025 Federal Home Ln Bks DEB 313OAMBD3 1,500,000 1,500,000 1,470,450 1.02% 05/12/2026 Federal Home Ln Bks DEB 3130AMET5 2,000,000 2,000,000 1,970,280 1.78% 05/27/2026 Federal Home Ln Bks DEB 3130AN3R9 1,500,000 1,500,000 1,448,820 1.17% 07/20/2026 Federal Home Ln Bks DEB 3130APJ55 1,600,000 1,600,000 1,541,520 1.30% 10/26/2026 Federal Home Ln Bks DEB 3130APU37 1,500,000 1,500,000 1,442,610 1.35% 11/24/2026 Federal Home Ln Bks DEB 3130APV51 2,000,000 2,000,000 1,971,540 1.27% 11/24/2026 Federal Home Ln Bks DEB 3130AQ5D1 1,500,000 1,500,000 1,470,870 1.22% 12/22/2025 Federal Home Ln Bks DEB 3130ARCL3 1,000,000 1,000,000 975,240 2.56% 03/30/2027 Federal Home Ln Bks DEB 3130ARKL4 591,600 600,000 606,624 4.20% 04/21/2027 Federal Home Ln Bks DEB 3130AWBZ2 998,300 1,000,000 1,010,110 4.08% 06/11/2027 Federal Home Ln Bks DEB 3130AWTR1 1,991,760 2,000,000 2,044,860 4.28% 09/08/2028 Fed Home Ln Mort Corp#WN1356 3132XFQJ0 1,481,250 1,500,000 1,508,640 4.28% 04/01/2029 Fed Home Ln Mort Corp#WN1510 3132XFVC9 1,484,063 1,500,000 1,484,190 4.04% 01/01/2030 Federal Home Ln Corp#WN1516 3132XFVJ4 985,000 1,000,000 989,880 4.04% 01/01/2030 Fed Home Ln Mort Corp#WN1530 3132XFVY1 1,481,719 1,500,000 1,486,710 4.04% 01/01/2030 Fed Home Ln Mort Corp#WN2560 3132XGZ25 994,688 1,000,000 1,011,760 4.79% 01/01/2029 Fed Home Ln Mort Corp#WN5034F 3132XKSY4 2,012,500 2,000,000 1,980,320 4.18% 07/01/2029 Federal Farm Credit Bks DEB 3133ENAF7 1,235,150 1,250,000 1,199,613 1.04% 10/07/2026 Federal Farm Credit Bks DEB 3133ENHW3 1,250,000 1,250,000 1,243,888 1.18% 06/23/2025 Federal Farm Credit Bks DEB 3133EPN50 998,000 1,000,000 1,019,020 4.17% 12/15/2028 Federal Home Ln Corp MTN 3134GW4C7 1,379,420 1,400,000 1,338,946 0.84% 10/27/2026 Federal Home Ln Corp MTN 3134GWH82 1,500,000 1,500,000 1,480,755 0.63% 09/08/2025 Federal Home Ln Corp MTN 3134GWWT9 1,500,000 1,500,000 1,476,825 0.56% 09/30/2025 Federal Home Ln Corp MTN 3134GWZG4 2,000,000 2,000,000 1,966,720 0.61% 10/20/2025 Federal Home Ln Corp MTN 3134GXAP9 1,500,000 1,500,000 1,471,200 0.61% 11/12/2025 Federal Home Ln Corp MTN 3134GXBM5 1,500,000 1,500,000 1,472,310 0.61% 11/12/2025 Fed Natl Mortgage Assoc 3136G4A45 1,500,000 1,500,000 1,487,880 0.72% 07/22/2025 Fed Natl Mortgage Assoc#AN1614 3138LDYL1 1,896,875 2,000,000 1,961,000 2.52% 06/01/2026 Fed Natl Mortgage Assoc#BL4424 3140HV4J0 1,422,473 1,584,376 1,464,344 2.32% 10/01/2029 Fed Natl Mortgage Assoc#BL3660 3140HVB60 1,862,651 1,974,324 1,869,744 2.86% 08/01/2029 Fed Natl Mortgage Assoc#BL5322 3140HW4G4 1,568,438 1,750,000 1,611,995 2.64% 01/01/2030 Fed Natl Mortgage Assoc#BS1416 3140LBSE4 594,825 660,000 608,929 1.18% 03/01/2028 Fed Natl Mortgage Assoc#BS4790 3140LFKC7 2,908,547 3,150,000 2,920,145 2.28% 03/01/2029 Fed Natl Mortgage Assoc#BS5506 3140LGDL3 772,922 825,000 788,568 3.24% 06/01/2029 Fed Natl Mortgage Assoc#BS5552 3140LGE24 1,995,544 2,130,000 2,052,340 3.47% 05/01/2029 Fed Natl Mortgage Assoc#BS8656 3140LKTN3 659,588 660,000 669,669 4.78% 06/01/2028 Fed Natl Mortgage Assoc#BZ0815 3140NU3Z0 1,499,063 1,500,000 1,528,860 4.56% 04/01/2029 Fed Natl Mortgage Assoc#BZ1806 3140NWAG0 1,463,438 1,500,000 1,495,575 4.06% 09/01/2029 Fed Natl Mortgage Assoc#BZ1969A 3140NWFK6 689,719 700,000 696,745 4.03% 10/01/2029 Fed Natl Mortgage Assoc#BA2127A 3140NWLH6 1,473,750 1,500,000 1,491,420 4.21% 10/01/2029 Fed Natl Mortgage Assoc#BZ2336 3140NWS22 1,491,563 1,500,000 1,517,685 4.43% 11/01/2029 Fed Natl Mortgage Assoc#BZ2399 3140NWUZ6 492,656 500,000 502,770 4.26% 11/01/2029 PFctitjg 1 /
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
April 30,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Fed Natl Mortgage Assoc#BZ2524 3140NWYW9 1,492,969 1,500,000 1,516,545 4.73% 12/01/2029 Fed Natl Mortgage Assoc#BZ2748 3140NXBS1 494,688 500,000 503,435 4.33% 01/01/2030 Fed Natl Mortgage Assoc#BZ2776 3140NXCN1 997,500 1,000,000 1,018,660 4.54% 01/01/2030 Fed Natl Mortgage Assoc#BZ3455 3140NXZV8 1,496,719 1,500,000 1,503,450 4.23% 04/01/2030 Government Securities Subtotal $ 72,757,373 $ 74,033,700 $ 72,608,309 Corporate Bonds
Royal Bank CDA Med Term 78014RZE3 2,000,000 2,000,000 2,025,300 4.69% 03/14/2030 Corporate Bonds Subtotal $ 2,000,000 $ 2,000,000 $ 2,025,300 US Treasury
US Treasury Note 2.625% 9128286B1 928,900 1,000,000 963,950 2.72% 02/15/2029 US Treasury Note 0.625% 912828ZE3 220,875 250,000 236,290 0.66% 03/31/2027 US Treasury Note 0.375% 91282CBC4 1,476,450 1,500,000 1,464,135 0.38% 12/31/2025 US Treasury Note 3.750% 91282CJR3 978,600 1,000,000 1,003,590 3.74% 12/31/2028 US Treasury Note 4.000% 91282CJW2 989,100 1,000,000 1,012,190 3.95% 01/31/2029 US Treasury Subtotal $ 4,593,925 $ 4,750,000 $ 4,680,155 Total Portfolio $ 102,959,194 $ 104,468,501 $ 102,917,137 PiFitigg 1 /
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
April 30,2025
No.of Days to
Days Until Maturity Total by
April 30,2025 Market Value Availability Maturity Weight Weighted Avg Maturity Petty Cash 32,898 4/30/2025 0 0.0% -
Checking Account 2,425,238 5/1/2025 1 1.6% 0.02 Utility&Credit Cards Account 140,987 5/1/2025 1 0.1% 0.00 Total Bank Accounts 2,599,122 2,599,122 State Local Agency Investment Fund 1,316,637 5/1/2025 1 0.9% 0.01 1,316,637 California Asset Management Plan 40,817,576 4/30/2025 0 27.6% - 40,817,576 First American Govt OB Fund-Y 1,402,801 5/1/2025 1 1.0% 0.01 Money Market Accounts 1,402,801 1,402,801 Third Federal Savings&Loan CD 249,455 5/23/2025 23 0.2% 0.04 Negotiable Certificates of Deposit 249,455 249,455 $ 46,385,592 1 -30 days
Federal Farm Credit Bks DEB 1,243,888 6/23/2025 54 0.8% 0.45 Government Securities 1,243,888 1,243,888 Connexus CU CD 250,360 6/23/2025 54 0.2% 0.09 Liberty FED CD 248,226 6/9/2025 40 0.2% 0.07 Southeast Bank CD 248,740 6/17/2025 48 0.2% 0.08 Tandem Bank CD 248,708 6/23/2025 54 0.2% 0.09 Negotiable Certificates of Deposit 996,033 996,033 $ 2,239,921 31 -60 days
Federal Home Ln Bks DEB 994,160 6/30/2025 61 0.7% 0.41 Fed Natl Mortgage Assoc 1,487,880 7/22/2025 83 1.0% 0.84 Government Securities 2,482,040 2,482,040 Meritrust FCU MTN CD 224,602 6/30/2025 61 0.2% 0.09 New York Community Bank CD 248,398 7/1/2025 62 0.2% 0.10 Negotiable Certificates of Deposit 472,999 472,999 Klamath Trinity,CA-2021 B 14,904 8/1/2025 93 0.0% 0.01 San Bernardino,CA 297,480 8/1/2025 93 0.2% 0.19 Municipal Bonds 312,384 312,384
$ 3,267,423 61 -120 days
Federal Home Ln Corp MTN 1,480,755 9/8/2025 131 1.0% 1.31 Federal Home Ln Corp MTN 1,476,825 9/30/2025 153 1.0% 1.53 Federal Home Ln Corp MTN 1,966,720 10/20/2025 173 1.3% 2.30 Government Securities 4,924,300 4,924,300 BMW Bank North America CD 246,218 9/25/2025 148 0.2% 0.25 California CD 251,773 10/27/2025 180 0.2% 0.31 Ideal CU CD 124,905 8/29/2025 121 0.1% 0.10 Live Oak Banking Company CD 246,545 9/16/2025 139 0.2% 0.23 Negotiable Certificates of Deposit 869,440 869,440 $ 5,793,740 121 -180 days
Federal Home Ln Bks DEB 1,474,500 12/30/2025 244 1.0% 2.44 Federal Home Ln Bks DEB 1,950,700 1/28/2026 273 1.3% 3.61 Federal Home Ln Bks DEB 1,945,140 2/12/2026 288 1.3% 3.79 Federal Home Ln Bks DEB 975,370 2/26/2026 302 0.7% 1.99 Federal Home Ln Bks DEB 974,980 2/26/2026 302 0.7% 1.99 Federal Home Ln Bks DEB 1,470,870 12/22/2025 236 1.0% 2.35 PPagecliP42aCifr243n
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
April 30,2025
No.of Days to
Days Until Maturity Total by
April 30,2025 Market Value Availability Maturity Weight Weighted Avg Maturity Federal Home Ln Corp MTN 1,471,200 11/12/2025 196 1.0% 1.95 Federal Home Ln Corp MTN 1,472,310 11/12/2025 196 1.0% 1.95 Government Securities 11,735,070 11,735,070 A+FCU CD 251,270 2/17/2026 293 0.2% 0.50
Alabama CU CD 251,480 12/22/2025 236 0.2% 0.40 Chartway FCU CD 249,414 12/16/2025 230 0.2% 0.39 City National Bank CD 250,523 1/12/2026 257 0.2% 0.44 Clearpath FCU CD 250,145 4/27/2026 362 0.2% 0.61 Communitywide FCU CD 251,013 1/6/2026 251 0.2% 0.43 Connex CU CD 252,903 3/18/2026 322 0.2% 0.55 First Carolina Bank CD 244,233 12/23/2025 237 0.2% 0.39 Greenstate CU CD 245,445 11/24/2025 208 0.2% 0.35 JPMorgan Chase Bank CD 245,243 11/10/2025 194 0.2% 0.32 Popular Bank CD 250,033 1/8/2026 253 0.2% 0.43 USAlliance FCU CD 98,009 1/28/2026 273 0.1% 0.18 Union Bank CD 242,488 3/19/2026 323 0.2% 0.53 Vibrant CU CD 250,807 3/20/2026 324 0.2% 0.55 Negotiable Certificates of Deposit 3,333,002 3,333,002 US Treasury Note 0.375% 1,464,135 12/31/2025 245 1.0% 2.43 US Treasury 1,464,135 1,464,135
$ 16,532,207 181 -1 year
Federal Home Ln Bks DEB 1,470,450 5/12/2026 377 1.0% 3.75 Federal Home Ln Bks DEB 1,970,280 5/27/2026 392 1.3% 5.23 Federal Home Ln Bks DEB 1,448,820 7/20/2026 446 1.0% 4.38 Federal Home Ln Bks DEB 1,541,520 10/26/2026 544 1.0% 5.68 Federal Home Ln Bks DEB 1,442,610 11/24/2026 573 1.0% 5.60 Federal Home Ln Bks DEB 1,971,540 11/24/2026 573 1.3% 7.65 Federal Home Ln Bks DEB 975,240 3/30/2027 699 0.7% 4.62 Federal Home Ln Bks DEB 606,624 4/21/2027 721 0.4% 2.96 Federal Farm Credit Bks DEB 1,199,613 10/7/2026 525 0.8% 4.27 Federal Home Ln Corp MTN 1,338,946 10/27/2026 545 0.9% 4.94 Fed Natl Mortgage Assoc#AN1614 1,961,000 6/1/2026 397 1.3% 5.27 Government Securities 15,926,643 15,926,643 American Equity Bank CD 241,195 5/27/2026 392 0.2% 0.64 BankUnited NA CD 238,450 12/8/2026 587 0.2% 0.95 Baxter CU CD 251,760 1/25/2027 635 0.2% 1.08 Capital One NA CD 239,073 12/8/2026 587 0.2% 0.95 Continental Bank CD 238,950 8/24/2026 481 0.2% 0.78 Dort FCU CD 252,483 6/22/2026 418 0.2% 0.71
Empower FCU CD 254,945 10/23/2026 541 0.2% 0.93 FirstBank of Nebraska CD 236,929 8/27/2026 484 0.2% 0.78 1st Source Bank CD 250,233 1/19/2027 629 0.2% 1.07 Gesa CU CD 253,613 7/31/2026 457 0.2% 0.78
Global FCU CD 250,574 6/16/2026 412 0.2% 0.70 Malaga Bank CD 237,878 11/19/2026 568 0.2% 0.92 Milestone Bk CD 245,332 12/15/2026 594 0.2% 0.99 NBC Bancorp Inc CD 250,614 9/14/2026 502 0.2% 0.85 People's Bank CD 249,855 1/12/2027 622 0.2% 1.05 Red Crown Fed CD 203,738 10/13/2026 531 0.1% 0.73 Solarity CU CD 250,755 6/23/2026 419 0.2% 0.71 Texas Exchange Bank CD 238,173 11/13/2026 562 0.2% 0.91 Toyota Financial Savings Bank CD 238,675 7/29/2026 455 0.2% 0.74 Negotiable Certificates of Deposit 4,623,224 4,623,224 US Treasury Note 0.625% 236,290 3/31/2027 700 0.2% 1.12 US Treasury 236,290 236,290
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
April 30,2025
No.of Days to
Days Until Maturity Total by
April 30,2025 Market Value Availability Maturity Weight Weighted Avg Maturity San Bernardino,CA 241,068 8/1/2026 458 0.2% 0.75 Municipal Bonds 241,068 241,068
$ 21,027,224 1-2years
Federal Home Ln Bks DEB 1,010,110 6/11/2027 772 0.7% 5.28 Fed Natl Mortgage Assoc#BS1416 608,929 3/1/2028 1036 0.4% 4.27 Government Securities 1,619,039 1,619,039 Essential CU CD 253,048 6/15/2027 776 0.2% 1.33 Fahey Banking Co CD 248,725 1/12/2028 987 0.2% 1.66 First Technology FCU CD 246,582 8/5/2027 827 0.2% 1.38 Generations Bank C D 245,170 5/6/2027 736 0.2% 1.22 Iriquois Fed CD 252,411 9/17/2027 870 0.2% 1.49 Optum Bank Draper CD 247,148 9/13/2027 866 0.2% 1.45 Preferred CU CD 255,083 9/15/2027 868 0.2% 1.50 State Employees CD 252,449 5/24/2027 754 0.2% 1.29 True Sky Credit CD 252,388 11/30/2027 944 0.2% 1.61 Negotiable Certificates of Deposit 2,253,002 2,253,002 $ 3,872,041 2-3 years
Federal Home Ln Bks DEB 2,044,860 9/8/2028 1227 1.4% 16.99 Fed Home Ln Mort Corp#WN1356 1,508,640 4/1/2029 1432 1.0% 14.63 Fed Home Ln Mort Corp#WN2560 1,011,760 1/1/2029 1342 0.7% 9.20 Federal Farm Credit Bks DEB 1,019,020 12/15/2028 1325 0.7% 9.14 Fed Natl Mortgage Assoc#BS4790 2,920,145 3/1/2029 1401 2.0% 27.71 Fed Natl Mortgage Assoc#BS8656 669,669 6/1/2028 1128 0.5% 5.12 Fed Natl Mortgage Assoc#BZ0815 1,528,860 4/1/2029 1432 1.0% 14.83 Government Securities 10,702,954 10,702,954 American Exp CD 253,620 9/13/2028 1232 0.2% 2.12 City FCU Tax CD 247,419 1/12/2029 1353 0.2% 2.27 Customers Bank CD 252,785 6/14/2028 1141 0.2% 1.95 Discover Bank CD 254,133 9/18/2028 1237 0.2% 2.13 Great Midwest CD 252,227 4/27/2029 1458 0.2% 2.49 Gulf Cap Bank CD 245,768 9/27/2028 1246 0.2% 2.07 Jeanne D Arc CD 251,174 7/31/2028 1188 0.2% 2.02 Southern First CD 250,210 10/17/2028 1266 0.2% 2.15 TTCU Federal CU CD 256,720 7/26/2028 1183 0.2% 2.06 Tucson FCU CD 256,898 9/8/2028 1227 0.2% 2.13 Negotiable Certificates of Deposit 2,520,952 2,520,952 US Treasury Note 2.625% 963,950 2/15/2029 1387 0.7% 9.06 US Treasury Note 3.750% 1,003,590 12/31/2028 1341 0.7% 9.11 US Treasury Note 4.000% 1,012,190 1/31/2029 1372 0.7% 9.41 US Treasury 2,979,730 2,979,730
$ 16,203,636 3-4 years
Fed Home Ln Mort Corp#WN1510 1,484,190 1/1/2030 1707 1.0% 17.16 Federal Home Ln Corp#WN1516 989,880 1/1/2030 1707 0.7% 11.44 Fed Home Ln Mort Corp#WN1530 1,486,710 1/1/2030 1707 1.0% 17.19 Fed Home Ln Mort Corp#WN5034F 1,980,320 7/1/2029 1523 1.3% 20.43 Fed Natl Mortgage Assoc#BL4424 1,464,344 10/1/2029 1615 1.0% 16.02 Fed Natl Mortgage Assoc#BL3660 1,869,744 8/1/2029 1554 1.3% 19.68 Fed Natl Mortgage Assoc#BL5322 1,611,995 1/1/2030 1707 1.1% 18.64 Fed Natl Mortgage Assoc#BS5506 788,568 6/1/2029 1493 0.5% 7.97 Fed Natl Mortgage Assoc#BS5552 2,052,340 5/1/2029 1462 1.4% 20.32 Fed Natl Mortgage Assoc#BZ1806 1,495,575 9/1/2029 1585 1.0% 16.05 PPagecliP44aCifr243n
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
April 30,2025
No.of Days to
Days Until Maturity Total by
April 30,2025 Market Value Availability Maturity Weight Weighted Avg Maturity Fed Natl Mortgage Assoc#BZ1969A 696,745 10/1/2029 1615 0.5% 7.62 Fed Natl Mortgage Assoc#BA2127A 1,491,420 10/1/2029 1615 1.0% 16.31 Fed Natl Mortgage Assoc#BZ2336 1,517,685 11/1/2029 1646 1.0% 16.92 Fed Natl Mortgage Assoc#BZ2399 502,770 11/1/2029 1646 0.3% 5.60 Fed Natl Mortgage Assoc#BZ2524 1,516,545 12/1/2029 1676 1.0% 17.21 Fed Natl Mortgage Assoc#BZ2748 503,435 1/1/2030 1707 0.3% 5.82 Fed Natl Mortgage Assoc#BZ2776 1,018,660 1/1/2030 1707 0.7% 11.78 Fed Natl Mortgage Assoc#BZ3455 1,503,450 4/1/2030 1797 1.0% 18.30 Government Securities 23,974,376 23,974,376 Bank Hapoalim CD 248,026 5/21/2029 1482 0.2% 2.49 Citibank CD 509,480 8/6/2029 1559 0.3% 5.38
Cornerstone CD 244,503 10/1/2029 1615 0.2% 2.67 First Foundation Bank CD 248,028 5/22/2029 1483 0.2% 2.49 Kemba FCU CD 248,201 5/29/2029 1490 0.2% 2.50 Morgan Stanley CD 248,480 5/22/2029 1483 0.2% 2.50 Morgan Stanley CD 248,480 5/22/2029 1483 0.2% 2.50 USAlliance FCU CD 152,128 6/28/2029 1520 0.1% 1.57 Utah First CD 252,665 4/30/2029 1461 0.2% 2.50 Negotiable Certificates of Deposit 2,399,991 2,399,991 Royal Bank CDA Med Term 2,025,300 3/14/2030 1779 1.4% 24.40 Corporate Bonds 2,025,300 2,025,300
Burbank Glendale,CA 2,063,332 7/1/2029 1523 1.4% 21.28 Corona,CA 925,670 5/1/2029 1462 0.6% 9.17
Riverside,CA 940,020 6/1/2029 1493 0.6% 9.51
Municipal Bonds 3,929,022 3,929,022
$ 32,328,688 4-5 years
Total Investments $ 147,650,473 100% 632 $147,650,473 Average Maturity in Days 632
Average Maturity in Years: 2
PPagecliP4BaCifr243n
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority CA Government Code Section 53607
For Period Ended
April 30,2025
Issue Par Market Maturity
Investment Name CUSIP ID Date Cost Value Value Date Sales&Maturities
Fed Natl Mortgage Assoc#BL4424 3140HV4J0 10/1/2019 2,268.83 2,268.83 2,096.94 10/1/2029 Fed Natl Mortgage Assoc#BL3660 3140HVB60 8/1/2019 2,950.92 2,950.92 2,794.61 8/1/2029 Ally Bank Utah CD 02007GH22 12/22/2022 250,000.00 250,000.00 250,070.00 12/22/2025 Burke Herbert Finanical Services CD 121331AT9 2/13/2023 249,000.00 249,000.00 249,114.54 2/13/2026 Federal Farm Credit Bks DEB 3133EMBK7 10/7/2020 1,500,000.00 1,500,000.00 1,499,010.00 4/7/2025 Federal Farm Credit Bks DEB 3133EPPRO 7/10/2023 750,802.50 750,000.00 754,282.50 4/10/2026 Federal Home Ln Bks DEB 3130ALZ80 4/29/2021 1,300,000.00 1,300,000.00 1,280,201.00 4/29/2026 Partners Bank of California CD 70212YAZ5 4/2/2020 250,000.00 250,000.00 249,940.00 4/2/2025 Riverside Cnty, CA 76913CBA6 5/6/2020 950,120.00 1,000,000.00 987,450.00 2/15/2026 Souther States Bank CD 843879EZ6 1/12/2024 249,000.00 249,000.00 249,014.94 4/14/2025 1st Security Bank of Washington CD 33625CDR7 10/16/2020 250,000.00 250,000.00 249,555.00 4/16/2025 Sales&Maturities Subtotal $ 5,754,142.25 $5,803,219.75 $5,773,529.53 Purchases
Fed Home Ln Mort Corp#WN1510 3132XFVC9 2/1/2025 1,484,062.50 1,500,000.00 1,484,190.00 1/1/2030 Fed Home Ln Mort Corp#WN1530 3132XFVY1 2/1/2025 1,481,718.75 1,500,000.00 1,486,710.00 1/1/2030 Fed Natl Mortgage Assoc#BS4790 3140LFKC7 3/1/2022 2,908,546.88 3,150,000.00 2,920,144.50 3/1/2029 Fed Natl Mortgage Assoc#BZ3455 3140NXZV8 4/1/2025 1,496,718.75 1,500,000.00 1,503,450.00 4/1/2030 Purchases Subtotal $ 7,371,046.88 $7,650,000.00 $7,394,494.50
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Maturities in Thousands of Dollars
For Period Ended
April 30, 2025
1 day 31 days 61 days 121 days 181 days 1 year 2 years 3 years 4 years to to to to to to I to to to
Investment Portfolio 30 days 60 days 120 days 180 days 1 year 2 years 3 years 4 years 5 years State Local Agency Investment Fund 1,317 - - - - - - - - California Asset Management Plan 40,818 - - - - - - - - Bank Accounts and Change Funds 2,599 - - - - - - - Negotiable Certificates of Deposit 249 996 _ 473 869 3,333 4,623 2,253 2,521 2,400 Government Securities I - 1,244 2,482 4,924 11,735 15,927 1,619 10,703 23,974 Money Market Fund 1,403 - - - - - - - - Municipal Bonds - - 312 - - 241 - - 3,929 US Treasury - - - - 1,464 236 - 2,980 2,025 Total Cash and Investments $46,386 $ 2,240 $ 3,267 $ 5,793 $ 16,532 $21,027 $ 3,872 $ 16,204 $32,328 II
Percentage 31.42% 1.52% 2.21% 3.92% 11.20% 14.24% 2.62% 10.97% 21.90%
INVESTMENTS BY MATURITY
2 years to 3 years 3 years to 4 years
2.62%
10.97%
1 year to 2 years
14.24%
4 years to 5 years
21.90%
181 clays to 1 year
11.20%
121 days to 180
days 3.92%
61 days to 120 __---
days 2.21%
31 days to 1 day to 30 days
y 31.42/o
60 days 1.52%
Pre
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Bank Accounts and Change Funds
For Period Ended
April 30, 2025
Account Insured Collateralized Total
Name Institution Deposits Deposits Deposits
Petty Cash
City of Upland City of Upland $ - $ - $ 32,898 City of Upland
Payroll Zero Balance Account Chase - - - City of Upland
Checking Account Chase 250,000 2,175,238 2,425,238 City of Upland
Utility& Credit Cards Account Chase 140,987 - 140,987 City of Upland
Successor Agency Chase - - -
Totals $ 390,987 $ 2,175,238 $ 2,599,122
NieiliOn5
Preparpag0 Page 14 of 16
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For 12 Month Period Ended
April 30, 2025
Month Yield
May-2024 4.33%
June-2024 4.48%
July-2024 4.52%
August-2024 4.58%
September-2024 4.58%
October-2024 4.52%
November-2024 4.48%
December-2024 4.43%
January-2025 4.37%
February-2025 4.33%
March-2025 4.31%
April-2025 4.28%
Average Yield On Investment Portfolio
4.65%
4.60%
4.55%
4.50%
4.45%
4.40%
4.35%
4.30% —4.25%
4.20%
4.15%
4.10%
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Page15of16 /� / 5
Docusign Envelope ID:4A2A63A5-2DFE-4409-85EE-B2A47F92D578 May-2024 June-2024 July-2024 August-2024 September-2024 October-2024 November-2024 December-2024 January-2025 February-2025 March-2025 April-2025 Investment Portfolio
State Local Agency Investment Fund(LAIF) 1,228,815 1,218,471 1,270,702 1,273,693 1,275,008 1,287,040 1,287,663 1,286,657 1,302,381 1,302,381 1,302,910 1,316,637 California Asset Management Plan(CAMP) 35,667,423 37,319,358 25,471,211 23,583,738 21,679,655 20,769,937 21,351,474 21,436,959 34,938,121 32,051,655 35,681,612 40,817,576 Negotiable Certificates of Deposit 24,598,093 24,096,892 23,891,458 23,589,222 23,963,760 23,138,047 21,857,191 20,915,991 19,860,577 19,626,946 18,953,344 17,718,099 Money Market Fund 994,116 2,266,289 177,239 365,257 1,013,801 1,634,473 1,282,318 2,970,445 1,638,182 2,612,689 2,778,602 1,402,801 Municipal Bonds 1,531,768 1,533,372 3,587,504 3,573,166 3,616,265 5,398,155 5,418,081 5,379,438 5,389,045 5,435,679 5,440,404 4,482,473 Government Agency Securities 63,208,309 64,382,476 65,588,408 66,664,536 66,296,770 65,290,435 67,278,098 66,795,537 69,520,942 69,451,576 68,378,801 72,608,309 Corporate Bonds - - - - - - - - - - 2,012,080 2,025,300 US Treasury 4,485,273 4,513,773 4,582,538 4,621,215 4,654,678 4,581,668 4,593,315 4,573,988 4,587,668 4,628,525 4,644,080 4,680,155 Total Investments $131,713,797 $135,330,631 $124,569,059 $123,670,828 $ 122,499,938 $ 122,099,754 $ 123,068,141 $ 123,359,014 $ 137,236,914 $ 135,109,452 $ 139,191,834 $ 145,051,351 Weighted Average Days to Maturity 471.80 499.32 572.63 593.57 624.20 625.11 644.59 587.03 586.30 632.10 597.60 632.10 Blended Yield: 3.02% 3.15% 3.07% 2.98% 3.02% 2.95% 2.90% 2.88% 3.07% 3.05% 3.15% 3.23% Cash
Bank Accounts and Change of Funds 13,970,016 8,130,947 7,113,239 3,277,829 2,544,190 1,698,628 4,126,869 9,249,352 2,656,231 5,623,619 3,090,907 2,599,122 Total Cash $ 13,970,016 $ 8,130,947 $ 7,113,239 $ 3,277,829 $ 2,544,190 $ 1,698,628 $ 4,126,869 $ 9,249,352 $ 2,656,231 $ 5,623,619 $ 3,090,907 $ 2,599,122 Total Cash and Investments $145,683,813 $143,461,577 $131,682,298 $126,948,657 $ 125,044,127 $ 123,798,382 $ 127,195,010 $ 132,608,367 $ 139,893,145 $ 140,733,071 $ 142,282,741 $ 147,650,473 PARS Investment Portfolio
115 Trust-OPEB Investment 2,247,348 2,272,555 2,321,327 2,360,733 2,392,170 2,340,868 2,395,435 2,344,893 2,383,062 2,403,858 2,598,295 2,615,569 115 Trust-Pension Investment 7,289,805 7,376,442 7,533,336 8,330,830 8,444,947 8,267,581 8,430,889 8,430,889 8,387,542 8,481,040 10,216,704 10,288,163 Total Restricted Funds Held in Trust $ 9,537,153 $ 9,648,997 $ 9,854,664 $ 10,691,564 $ 10,837,117 $ 10,608,449 $ 10,826,324 $ 10,775,782 $ 10,770,605 $ 10,884,899 $ 12,814,999 $ 12,903,732 Benchmarks:
LAIF 4.33% 4.48% 4.52% 4.58% 4.58% 4.52% 4.48% 4.43% 4.37% 4.33% 4.31% 4.28% CAMP 5.43% 5.44% 5.44% 5.42% 5.29% 5.01% 4.81% 4.65% 4.55% 4.50% 4.47% 4.45% 2yr U.S.Treasury 4.82% 4.71% 4.29% 3.91% 3.66% 4.16% 4.13% 4.25% 4.22% 3.99% 3.89% 3.60% 5yr U.S.Treasury 4.42% 4.33% 3.97% 3.71% 3.58% 4.15% 4.05% 4.38% 4.36% 4.03% 3.96% 3.72% Restricted Funds with Fiscal Agent
Wtr Sys Lease Rev Ref Bonds 2011
Wtr Revenue Bonds 2022 15,501,626 15,501,692 15,501,755 15,501,821 16,516,671 15,501,951 15,502,017 15,502,081 15,502,147 15,502,213 15,628,608 15,502,417 Wtr Sys Lease Rev Ref Bonds 2021 - - - - 608,773 - - - - - 44,573 5 Successor Agency TAN 2013/TAN 2016-Mei - - - 2,618,344 1 2 2 2 2 163,469 - - Colonies CFD Area#1 2022 1,122,212 1,122,216 1,122,219 1,497,100 294,865 294,866 294,866 294,866 294,866 462,072 287,726 287,726 Colonies CFD Area#22015 2,010,404 2,010,413 2,010,421 2,429,242 1,328,142 1,328,148 1,328,153 1,328,159 1,328,164 1,540,571 1,328,139 1,328,144 Upland 54 CFD 2004 203,449 203,449 203,450 226,002 128,003 128,003 128,003 128,003 128,003 150,953 124,917 124,917 Sycamore Hills CFD 2015-1 824,060 824,061 824,062 1,115,102 744,257 744,257 744,258 744,258 744,259 905,735 728,559 728,559 Harvest at Upland CFD 2016-1 Area#1 749,547 752,572 755,509 914,107 574,419 576,659 578,762 580,730 582,705 740,309 572,835 574,718 Harvest at Upland CFD 2016-1 Area#2 2,435,384 2,435,392 2,435,400 2,568,647 2,156,897 2,156,904 2,156,911 2,156,917 2,156,924 2,306,852 2,164,312 2,164,319 4,094,517 4,110,632 4,126,259 4,160,128 4,078,287 4,093,130 4,107,462 4,120,735 4,133,924 4,228,570 478,427 488,285 Sycamore Hills CFD 2015-1-2 848,111 848,101 848,113 1,135,802 771,560 750,327 771,562 771,563 771,564 952,712 757,752 757,753 Total Restricted Funds $ 27,789,310 $ 27,808,528 $ 27,827,188 $ 32,166,295 $ 27,201,875 $ 25,574,247 $ 25,611,996 $ 25,627,314 $ 25,642,558 $ 26,953,456 $ 22,115,848 $ 21,956,843
CITY
����°v °p`q� TFUPLAND
.�, s. ]��/�: J/L//1 y �/'� "The City of Gracious Living" ''' 5
DATE: May 12,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER
RICHARD SMIDERLE,OPERATIONS MANAGER
SUBJECT: CONSIDER APPROVAL OF GARAGE AUTOBODY PURCHASE ORDER IN THE AMOUNT OF$70,000
RECOMMENDED ACTION:
It is recommended that the City Council approve the purchase order for Garage Autobody for the body repairs and paint of Police Department patrol units in the amount of$70,000.
GOAL STATEMENT
The proposed action supports the City of Upland's goal of providing a high quality of life by assuring that all the City Police Department vehicles is of the highest quality and functionality,which is essential to maintaining operational patrol units for Police Department Services.
BACKGROUND
The City of Upland Police Department is an essential 24/7 operation that relies on around-the-clock patrol units. It is critical that all patron units remain fully operational at all times.
At times, patrol officers are involved in pursuits or confrontations that result in suspect-initiated vehicle assaults, leading to damage to police vehicle bodies and paint. Such unavoidable damage is an inherent aspect of law enforcement operations and represents a necessary cost in the effort to effectively serve and protect the community.
ISSUES AND ANALYSIS
Public Works staff relies on a variety of highly qualified body repair vendors to perform necessary repairs, which often include extensive work such as frame straightening and suspension replacement on emergency vehicles.Vendors are required to perform repairs in a timely manner due to the requirement of the police patrol units.Garage Auto Body is a local business vendor that provides auto-body repairs services to City standards and timeframes and is one of three primary vendors.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
The total cost for the patrol units body repairs and paint is$70,000. There are available funds in the Fleet Maintenance Contract Services Account No. 7525414-5253.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a project.
����°� °p`q� CITY
�r. .__� ... ]��/�: J/L//1 y �/'� "The City of Gracious Living" ''' 5
oid
DATE: May 27,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER
NORBERTO FERRIERA,UTILITIES MANAGER
JOSE AGUILAR,ASSISTANT ENGINEER
SUBJECT: CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR RESERVOIR 7, 12,AND 13
OVERFLOW AIR GAP INSTALLATION
RECOMMENDED ACTION:
It is recommended that the City Council approve the work for Project No. 92102, 92106, and 92107; authorize the City Manager or designee to record the Notice of Completion;and reduce the Faithful Performance Bond to 10%for the Reservoir 7, 12,and 13 Overflow Air Gap Installation Project.
GOAL STATEMENT
The proposed action supports the City's goal to continue to maintain and improve the City's public water infrastructure and maintain standard of public health and safety.
BACKGROUND
On July 22, 2024,the City Council awarded the Reservoir 7, 12 & 13 Overflow Air Gap Installation Project to C.P.
Construction Company and authorized up to $200,000, including contingencies, for the work. The project consisted of the removal of existing overflow pipeline segments and the installation of new overflow air gap systems,including flanged Duckbill Check Valves,fabricated steel inlet cones with stainless steel screens,and all associated fittings and hardware; disposal of removed piping materials and components; and furnishing all labor,equipment,materials,and incidentals necessary to complete fully operational 8-inch, 16-inch,and 18-inch overflow air gap installations.
ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements.The City can now approve the work,file the Notice of Completion,and reduce the Faithful Performance Bond to 10%.The City will retain the Labor Materials Bond for six(6)months and release it,thereafter,provided no liens or stop notices are filed against the project.
The final project cost was$175,000,$25,000 under the authorized budget.
ENVIRONMENTAL DETERMINATION
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c)(Existing Facilities),of the CEQA guidelines.The project involves repair and maintenance of existing public facilities and does not involve any expansion of use beyond that which is existing.The City filed the Notice of Exemption with the County of San Bernardino on June 5,2024.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Categorically Exempt from further environmental review pursuant to Section 15301(c) of the CEQA guidelines.
Recording requested by 1
and when recorded mail to:
City of Upland, City Clerk's Office
460 N. Euclid Avenue
Upland, CA 91786
(Space above this line for Recorder's use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:
The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.
Assessors Parcel Numbers N/A, in and to the hereinafter described property.
The work was completed on that certain work known as Project No. 92102, 92106 &92107, Reservoir R-7, R-12, & R-13 Overflow Air Gap Installation for the undersigned City of Upland, a Municipal Corporation, on the 31st day of March, 2025.
The City accepted the job on the 27th day of May, 2025.
The Contractor on said job was C.P. Construction Company of Ontario, California.
The improvement(s) consisted of the removal of existing overflow pipeline segments and the installation of new overflow air gap systems, including flanged Duckbill Check Valves, fabricated steel inlet cones with stainless steel screens, and all associated fittings and hardware; disposal of removed piping materials and components; and furnishing all labor, equipment, materials, and incidentals necessary to complete fully operational 8-inch, 16-inch, and 18-inch overflow air gap installations; and the location of the improvements occurred at Reservoir R-7, Reservoir R-12, and Reservoir R-13, in Upland, California.
The surety was Fidelity and Deposit Company of Maryland.
All communications relating to the contract should bear the number above mentioned.
I hereby certify under penalty of perjury that the foregoing is true and correct.
Executed this 27th day of May, 2025 at Upland, California.
City of Upland, a Municipal Corporation
Michael Blay, City Manager
,.., Up`q� CITYUPLAND
. . "The City of Gracious Living"
DATE: May 27,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONSIDER APPROVING A FUNDING AGREEMENT WITH SBCTA FOR THE
PREPARATION OF CONSTRUCTION PLANS FOR THE DOWNTOWN UPLAND PARKING
STRUCTURE
RECOMMENDED ACTION:
It is recommended that the City Council approve the Funding Agreement with the San Bernardino County Transportation Authority to assist in funding the preparation of construction plans for the Downtown Upland parking structure for a not-to-exceed amount of$500,000.
GOAL STATEMENT
The action supports the goals and objectives in the Historic Downtown Upland Specific Plan.
BACKGROUND
On November 6,2024,the San Bernardino County Transportation Authority(SBCTA)Board of Directors approved the allocation of$500,000 to the City of Upland, subject to the preparation and approval of a Funding Agreement, from the sales proceeds of SBCTA's"Upland Surplus Properties",located along the north side of Stowell Street.
This decision came about by staff requesting funding from the $1.6 million sales proceeds at the October 10, 2024 Transit Committee hearing. The Transit Committee was considering options for the allocation of the sales proceeds which included placing the funds into SBCTA's rail assets general fund,rather than holding the sales proceeds for an additional time frame to assist Upland in funding parking facilities within the vicinity of the Upland Metrolink station.
Staff requested the sum of$500,000 to be allocated from the sales proceeds to help defray the cost for the preparation of construction plans for the parking structure. The Transit Committee voted to recommend approval of staffs request, and recommended the remaining$1.1 Million of sales proceeds go back to SBCTA's general fund and allow the City to come back in one year to provide a status of the parking structure project and request the remaining sales proceeds for construction of the parking structure.
In the interim, staff had been working with SBCTA in the preparation and review of the Funding Agreement which included a review of the draft document by the City Attorney. On May 7, 2025, the SBCTA Board approved the Funding Agreement.
Presently,the City's parking structure consultant,Watry Design,has completed the schematic design and preliminary engineering plans (30% Level) to enable staff to process the parking structure through the entitlement stage. Staff determined that the project is Categorically Exempt from the California Environmental Quality Act(CEQA)pursuant to Section 15332 of the CEQA Guidelines (Class 32). Staff entered a contract with Micheal Baker International to prepare a Class 32 Categorical Exemption Report to serve as the environmental determination for the parking structure project. The intent of the analysis is to document in detail the project's eligibility as an exempt action pursuant to the CEQA Class 32 Categorical Exemption for In-Fill Development Projects. The report includes an evaluation of the project's consistency with the requirements for a Class 32 Categorical Exemption. Staff anticipate the project's entitlements will be before the Planning Commission at their July 23rd meeting for a recommendation,and at the City Council for final approval at the September 8th meeting.
ISSUES AND ANALYSIS
The proposed Funding Agreement (Attachment 1) has been prepared pursuant to SBCTA Board's action taken on November 6, 2024 and subsequently approved by the Board on May 7, 2025. The Funding Agreement establishes terms and conditions upon which SBCTA provides a not-to-exceed funding of$500,000 to the City for the preparation of the construction plans for the parking structure. Key terms in the funding agreement include:
• SBCTA to provide funding on an actual cost reimbursement basis in response to invoices provided by the City with adequate supporting documentation to establish cost eligibility. • Requires the City to complete construction of the parking structure on or before December 31,2034,or return the SBCTA funds provided to the City under this Funding Agreement. • The City agrees the project will be completed and remain in operation for a minimum period of thirty-five (35)years.
• Upon completion, the parties will incorporate Metrolink reserved parking spaces into the Upland Station Agreement.
• Prohibits disposition or impact of the reserve Metrolink parking spaces within the parking structure without prior written approval by SBCTA and defines each party's share of proceeds derived from a disposition.
The Funding Agreement will provide the City with most of the funding necessary to prepare construction plans for the Downtown Upland parking structure(the"parking structure")resulting in the project being"shovel-ready". The Downtown parking structure is strategically located and will provide over 400 parking spaces that will encourage visitors to"park once"and walk through the Downtown. The parking structure will contribute to the economic vitality of Downtown by enabling several existing surface parking lots to be redeveloped with additional mixed-use density.
As mentioned earlier, the City Attorney previously reviewed the Funding Agreement prior to SBCTA taking action on November 6,2025,and is recommending approval of the agreement as to form and terms.
ENVIRONMENTAL DETERMINATION
Staff determined that the Funding Agreement with SBCTA is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to §15061(b)(3) of the CEQA Guidelines. This is known as the commonsense exemption covering activities with no possibility of having a significant effect on the environment. The Funding Agreement provides$500,000 to the City of Upland to defray costs to prepare construction plans for the Downtown parking structure but does not entail any development approval of the project or any other physical change to the environment. The project's entitlements and a CEQA determination are expected to be considered in September 2025.
FISCAL IMPACTS
The Funding Agreement with SBCTA is for a not-to-exceed amount of$500,000. Revenues will be deposited in the County Grant Revenue Account No. 2172203-450-16128 and expenditures will be appropriated in the Downtown Parking Structure Account No.2172203-5253-16128.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Exempt from review under the California Environmental Quality Act("CEQA")pursuant to §15061(b)(3)of the CEQA Guidelines.
PROJECT FUNDING AGREEMENT NO. 25-1003256
FOR
MIXED-USE PARKING STRUCTURE PROJECT
(CITY OF UPLAND)
THIS FUNDING AGREEMENT ("AGREEMENT"), by and between the San Bernardino County Transportation Authority, a statutorily-created public agency(Public Utilities Code §§ 130800 et seq.) ("AUTHORITY"), 1170 W 3rd St 2nd floor, San Bernardino, CA 92410, and the City of Upland, a municipal corporation("CITY"),460 N Euclid Ave,Upland, CA 91786. AUTHORITY and CITY are hereafter referred to individually as "Party" and collectively as "Parties".
RECITALS
A. WHEREAS, AUTHORITY and CITY desire to enter into this AGREEMENT to define their respective roles and responsibilities related to the development of plans, specifications and estimate("PS&E") for a mixed-use parking structure, located at the southeast corner of North 1st Avenue and East C Street in Upland, CA, (the "PROJECT"), as described in Exhibit A; and B. WHEREAS, on November 6, 2024, AUTHORITY's Board of Directors (the "Board") approved programming of$500,000 in funds generated from the sale of the properties located at 201-299 East Stowell Street, Assessor's Parcel Number (APN) 1046-605-01, and 120 South Euclid Avenue,APN 1046-605-02 and APN 1046-605-03,known as the Upland Surplus Properties, for additional parking to be constructed on CITY-owned land in the vicinity of the Upland Metrolink Station("STATION"); and
C. WHEREAS, on November 6, 2024, the Board authorized the Executive Director of AUTHORITY to negotiate and submit for Board approval a funding agreement with the City of Upland, with the minimum terms and conditions outlined in Exhibit B; and D. WHEREAS, the Parties intend that a certain number of the PROJECT's estimated 409 parking spaces,to be determined subsequently by the Parties, shall be dedicated and reserved exclusively for Metrolink rail service patrons and added to the existing 227 reserved Metrolink parking spaces on the STATION's non-operating property, as provided in the Upland Station Cooperative Agreement between AUTHORITY and CITY, dated March 8, 1993, as amended, known also as Contract No. 93-051.
NOW, THEREFORE, the Parties agree to the following:
SECTION I
AUTHORITY AGREES:
1. To reimburse CITY for the actual cost of the PS&E up to a maximum of$500,000. Such amount may be increased, including funds for additional costs of the PROJECT, only by a written amendment to this AGREEMENT approved by the Board. AUTHORITY shall SBCTA Contract 25-1003256
Upland Parking Structure 1 Funding Agreement
have no further responsibility to provide any funding for PROJECT exceeding this amount absent such an amendment to this AGREEMENT. Notwithstanding any provisions in this AGREEMENT to the contrary, CITY may apply to AUTHORITY for, and AUTHORITY may in its discretion approve, separate and additional funds for construction and completion of the PROJECT from AUTHORITY's Upland Surplus Land proceeds.
2. To reimburse CITY within forty-five (45) days after CITY submits an electronic copy of a signed invoice, in a form satisfactory to AUTHORITY, covering those actual allowable PROJECT-related expenditures for PS&E incurred by CITY, up to the maximum amount identified in Section I, Paragraph 1 of this AGREEMENT. Invoices may be submitted to AUTHORITY as frequently as once a month.
3. AUTHORITY reserves the right to audit CITY's documents,books and records related to the PROJECT,in accordance with Section II,Paragraphs 11 and 14,of this AGREEMENT.
4. When conducting an audit of the costs claimed under the provisions of this AGREEMENT, SBCTA will rely to the maximum extent possible on any prior audit of CITY related to the PROJECT performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is reasonably acceptable to AUTHORITY when planning and conducting additional audits.
5. To assign a PROJECT liaison for the purpose of attending PROJECT Development Team ("PDT") meetings.
SECTION II
CITY AGREES:
1. To proceed with the PROJECT, including PS&E, in a timely manner.
2. To design and construct, or cause to be designed and constructed, the PROJECT.
3. To certify that all goods and services associated with the PROJECT have been procured in a manner consistent with all Local, State, and Federal laws which may be applicable to the PROJECT.
4. To be responsible for expending reimbursable funds on eligible PROJECT expenses in an amount not to exceed $500,000 unless an amendment to this AGREEMENT increasing PROJECT costs is approved by the Board. Reimbursement by AUTHORITY shall be in accordance with Section I, Paragraph 2. Expenses relative to time spent on the PROJECT by CITY staff are not eligible PROJECT reimbursable expenses.
5. To secure all necessary State and Federal authorizations that are required before releasing an invitation for bids for construction of the PROJECT.
6. To abide by all applicable AUTHORITY, CITY, State and Federal laws, regulations, policies and procedures pertaining to the PROJECT.
7. To prepare and submit to AUTHORITY an electronic copy of signed invoices, in a format reasonably satisfactory to AUTHORITY, for reimbursement of eligible PROJECT expenses. Invoices may be submitted to AUTHORITY as frequently as once per month.
SBCTA Contract 25-1003256
Upland Parking Structure 2 Funding Agrecmcnt
8. To certify that the PROJECT will be completed and remain in operation for its useful life, as reasonably estimated by the Parties in accordance with Generally Accepted Accounting Principles,but in no case less than a period of 35 years.
9. To not dispose of, or otherwise deprive Metrolink rail service patrons of, the reserved parking spaces without prior written approval of AUTHORITY. The Board must approve any sale or surplus of real property impacting the Metrolink rail service patron reserved parking spaces; said approval shall be conditioned upon AUTHORITY receiving a proportional share of the then-fair market value of the PROJECT based upon AUTHORITY's total financial contribution to the PROJECT and CITY's estimated total PROJECT cost of$22 million, or other such final total PROJECT cost to be memorialized in an amendment to this AGREEMENT at a later date.
10. To reimburse AUTHORITY, without interest, the full amount of any and all payments made to CITY for the PROJECT if PROJECT is not completed before the end of the tenth calendar year following the initial allocation. For example, if AUTHORITY makes an initial allocation in the 2025 calendar year, then CITY must reimburse AUTHORITY if construction of the PROJECT is not completed on or before December 31, 2035.
11. To maintain all source documents,books and records connected with its performance under this AGREEMENT for a minimum of five(5)years from the date of submittal of the Final Report of Expenditures to AUTHORITY or until audit resolution is reasonably diligently and expeditiously achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of AUTHORITY during normal business hours at CITY Hall. Copies will be made and furnished by CITY upon written request by AUTHORITY.
12. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY's requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY.
13. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in the work activities, and to submit that Final Report of Expenditures and final invoice no later than one hundred twenty (120) days following the completion of those expenditures funded under this AGREEMENT. The Final Report of Expenditures shall be submitted to AUTHORITY and must state that these PROJECT funds were used in conformance with this AGREEMENT and for those PROJECT-specific work activities described.
14. To cooperate with AUTHORITY in conducting a PROJECT-specific audit and to provide detailed PROJECT information, or access to PROJECT records,books, and documents,to AUTHORITY and its authorized representatives or agents upon the request of AUTHORITY at any time up to December 31 of the calendar year following the completion of the PROJECT. The audit must confirm that all funds expended on the PROJECT were used in conformance with this AGREEMENT. CITY shall maintain all records related to this AGREEMENT in an organized way in the original format,electronic or hard copy, conducive to provisional review and audit.
SBCTA Contract 25-1003256
Upland Parking Structure 3 Funding Agreement
15. To reimburse to AUTHORITY the amounts of any costs that are reasonably determined by subsequent audit to be unallowable within one hundred twenty (120) days of CITY's receipt of notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the findings. Should the findings not be otherwise reasonably resolved and CITY fail to reimburse moneys due AUTHORITY within one hundred twenty (120) days of said notice, or within such other period as may be agreed upon by both Parties, AUTHORITY reserves the right to withhold future payments due CITY from any source under AUTHORITY's control.
16. To include AUTHORITY in PDT meetings if and when such meetings are held and in related communications on PROJECT progress, to provide at least quarterly schedule updates to AUTHORITY, and to consult with AUTHORITY on critical issues relative to the PROJECT.
17. To include in all contracts between CITY and contractors and consultants for the construction or design of the PROJECT the requirement that AUTHORITY be named as an indemnitee and an additional insured under general liability insurance policies maintained by the contractor and or consultants for the PROJECT.
SECTION III
IT IS MUTUALLY AGREED:
1. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT.
2. The final PROJECT cost may ultimately exceed current estimates of PROJECT cost. Any additional eligible costs resulting from unforeseen conditions shall be borne by CITY unless prior authorization has been approved by the Board pursuant to Section III, Paragraph 3 of this AGREEMENT.
3. AUTHORITY shall not be responsible for PROJECT costs in excess of the amounts identified in Section I, Paragraph 1, absent a written amendment to this AGREEMENT that is approved and signed by both Parties.
4. Eligible PROJECT reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.
5. Neither AUTHORITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work,authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that,pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless AUTHORITY, its officers and employees from all claims,suits or actions of every name,kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT.
6. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA Contract 25-1003256
Upland Parking Structure 4 Funding Agrecmcnt
AUTHORITY under or in connection with any work,authority or jurisdiction delegated to AUTHORITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully defend, indemnify and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury(as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work,authority or jurisdiction delegated to AUTHORITY under this AGREEMENT.
7. In the event CITY and/or AUTHORITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, CITY and/or SBCTA shall indemnify the other to the extent of its comparative fault.
8. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by AUTHORITY or December 31, 2035, whichever is sooner, provided that the provisions of Paragraphs 10, 11, 12, 13, 14, and 15 of Section II, and Paragraphs 5, 6 and 7 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by AUTHORITY, in its sole discretion, in the event the PROJECT has not been initiated by CITY within twelve (12) months of the later date that this AGREEMENT is executed by both Parties.
9. AUTHORITY may terminate this Agreement if CITY fails to perform according to the terms of this AGREEMENT and if this failure jeopardizes the delivery of the PROJECT according to the terms herein.
10. The Recitals to this AGREEMENT are true and correct and are incorporated into this AGREEMENT.
11. Exhibit A"Description of Project and Milestones" and Exhibit B "Summary of Estimated Costs" are attached to and incorporated into this AGREEMENT.
12. The AGREEMENT may be signed in counterparts, each of which shall constitute an original, but all of which together will constitute one and the same instrument. The signature page of this AGREEMENT or any amendments may be executed by way of a manual or authorized digital signature. Delivery of an executed counterpart of a signature page to this AGREEMENT or an amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this AGREEMENT or any amendment.
13. This AGREEMENT is effective on the later date that it is executed by both Parties.
SIGNATURES ARE ON THE FOLLOWING PAGE
SBCTA Contract 25-1003256
Upland Parking Structure 5 Funding Agreement
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT by their authorized signatories below.
SAN BERNARDINO COUNTY CITY OF UPLAND
TRANSPORTATION AUTHORITY
By: By:
Ray Marquez, President Bill Velto
Board of Directors Mayor
Date: Date:
ATTEST:
By:
Keri Johnson
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Julianna K. Tillquist Stephen P. Deitsch
SBCTA General Counsel City Attorney
Date: Date:
SBCTA Contract 25-1003256
Upland Parking Structure 6 Funding Agreement
EXHIBIT A
UPLAND MIXED-USE PARKING STRUCTURE PROJECT
Description of Project and Milestones
PROJECT DESCRIPTION:
The project consists of a 5-level structure providing approximately 400 parking stalls in 150,000 square feet. The ground floor will include retail space along the two street frontages, totaling approximately 9,900 square feet of area. This structure will be of concrete cast-in- place (CIP) construction with post-tensioned slabs and beams, and reinforced concrete columns. The lateral force resisting system will be a combination of special reinforced concrete moment frames and shear walls. Foundations will be shallow spread/strip footings.
The exterior design will take inspiration from the local packing house using a combination of brick veneer and corrugated metal panels.
SCHEDULE/MILESTONES:
The remaining design phases for the parking structure includes the following:
Design Development (60% Design Document) 10 weeks
Prepare and provide 60% design drawings and outline specifications for client review.
Construction Documents (90% Design Documents) 12 weeks Prepare and provide 90% Construction Document drawings, specifications, and calculations for permit submittal.
Plan Check (100% Design Documents) 8-12 weeks Provide plan check response support including one resubmittal and response to plan check comments.
Prepare and deliver a 100% permitted set of drawings, specifications, and calculations ready for construction.
SBCTA Contract 25-1003256
Upland Parking Structure 7 Funding Agreement
EXHIBIT B
UPLAND MIXED-USE PARKING STRUCTURE PROJECT
Revised Summary of Estimated Costs
DESIGN CONSTRUCTION
DEVELOPMENT DOCUMENTS REIMBURSABLE TOTAL
(60% DESIGN) (90% DESIGN)/ EST.
PLAN CHECK
ARCH/PARKING 80,000 140,000 $ 5,000 $225,000 STRUCTURAL 60,000 135,000 $195,000
CIVIL 43,000 77,000
$120,000
LANDSCAPE 7,260 41,580 $ 58,840
$ $
MEP 30,000 37,500 $ 67,500
COST ESTIMATING 14,025 15,895 $ 29,920
TOTAL 244,285 446,975 5,000 $696,260
* Notwithstanding the amounts identified above, reimbursement under this agreement is capped at $500,000.
SBCTA Contract 25-1003256
Upland Parking Structure 8 Funding Agreement
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4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: May 27,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,CHIEF OF POLICE
LON TEAGUE,POLICE CAPTAIN
JACOB KIRK,POLICE LIEUTENANT
SUBJECT: CONSIDER APPROVAL OF THE ANNUAL MILITARY EQUIPMENT REPORT RECOMMENDED ACTION:
It is recommended that the City Council review Ordinance No. 1960 and approve the 2025 Annual Military equipment report regarding the Police Department's possession of military equipment per Assembly Bill 481.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining compliance with the State's regulations as described under AB 481. Furthermore,this policy promotes transparency,accountability,and oversight surrounding the use of military equipment by the Police Department.
BACKGROUND
On September 30, 2021, Governor Newsom signed into law seven major peace officer reform bills, including Assembly Bill 481. AB 481 was authored by Assembly Member David Chieu (D-San Francisco) to address the funding,acquisition,and use of items lawmakers deemed to be considered"military equipment." This bill requires law enforcement agencies,including the Upland Police Department,"to obtain approval of the City Council, by the adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws,prior to taking certain actions relating to the funding, acquisition, or use of military equipment,as defined."
In accordance with the procedure set forth under AB 481, the Police Department's Military Equipment Policy 706 was first made available on the Police Department's website on March 14,2022,more than 30 days before the public meeting at which the policy was first considered by the City Council. The Policy includes a list of newly defined military equipment currently in the Upland Police Department's possession.The city's website provides a means for the public to submit complaints,concerns,or questions about the use of each specific type of military equipment.
On May 9,2022,the City Council adopted Ordinance No. 1960 approving a Military Equipment Use Policy(Policy).
The military equipment identified in the Policy is necessary because no reasonable alternatives can achieve the same objectives for officer and civilian safety. The Policy safeguards the public's welfare, safety, civil rights, and civil liberties. The military equipment identified in the Policy is reasonably cost-effective compared to available alternatives that can achieve the same officer and civilian safety objective.All prior military equipment use complied with the City's policies that were in effect at the time.
AB 481 Annual Reporting Requirements(Government Code 7072) The Police Department must annually submit an Annual Military Equipment Report(Report)that lists each type of military equipment used.
At a minimum,and as required by Government Code Section 7072(a),the Report includes the following:
(1)A summary of how the military equipment was used and the purpose of its use. (2)A summary of any complaints or concerns received concerning the military equipment. (3)The results of any internal audits,any information about violations of the military equipment use policy,and any actions taken in response.
(4)The total annual cost for each type of military equipment,including acquisition,personnel,training,transportation, maintenance,storage,upgrade,and other ongoing costs,and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)The quantity possessed for each type of military equipment. (6)If the law enforcement agency intends to acquire additional military equipment in the next year,the quantity sought for each type of military equipment.
ISSUES AND ANALYSIS
AB 481 requires the City Council to review the ordinance at least annually. This includes a review of each type of military equipment identified in the Report provided by the Police Department. The Police Department's Report includes the use of military equipment, any complaints received, any internal audits or other information about violations of the Upland Police Department Military Equipment Policy 706,and the cost of such use and other similar information. The Police Department's webpage is utilized for the distribution of any updates to the above materials and the Report.
AB 481 Definition of Military Equipment(Government Code 7070) The Assembly Bill has created Government Code 7070 to designate the following 15 categories of items as military equipment:
Category 1:Unmanned,remotely piloted,powered aerial or ground vehicles Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks,or wheeled vehicles that have a breaching or entry apparatus attached Category 4: Tracked armored vehicles that provide ballistic protection to their occupants Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Category 6: Weaponized aircraft,vessels,or vehicles of any kind Category 7: Battering rams,slugs,and breaching apparatuses that are explosive in nature Category 8: Firearms and ammunition of.50 caliber or greater,excluding standard-issue shotguns and standard- issue shotgun ammunition
Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard- issue handguns
Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles Category 11:Noise-flash diversionary devices and explosive breaching tools Category 12: Munitions containing tear gas or oleoresin capsicum(pepper spray), excluding standard, service- issued handheld pepper spray
Category 13: TASER®Shockwave,microwave weapons,water cannons,and long-range acoustic devices Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
The Upland Police Depat intent is in current possession of items in Categories 1,2, 9, 11, 12, and 14 from the above list. All items currently in possession of the Upland Police Department have been approved during the associated budgetary periods commensurate with the items purchased.
AR 481 Approval of the Military Equipment Use Policy(Government Code 7070)Subsection(d)(1)of GC 7070 states the following:
"The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
"(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public's welfare,safety,civil rights,and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy,corrective action has been taken to remedy nonconforming uses and ensure future compliance." The military equipment identified in the Military Equipment Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. The Military Equipment Policy will safeguard the public's welfare,safety,civil rights,and civil liberties.The military equipment identified in the Military
Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. All prior military equipment used complied with the City's policies that were in effect at the time.Additionally,all items currently in possession of the Upland Police Department have been approved during the associated budgetary periods commensurate with the items purchased.
Military Equipment Usage Summary
All military equipment owned by the Department,which is detailed in the attached Upland Police Military Equipment Inventory, was used exclusively for the purposes designated by the Department's Military Equipment Policy (No. 706). In general, those purposes include the use of standard patrol rifles and projectiles; unmanned aircraft systems for investigations and public safety; armored vehicles for transporting personnel during high-risk operations; distraction devices for temporary sensory disruption to gain tactical advantage; chemical agents and smoke canisters (by POST-certified officers)to de-escalate situations where lethal force is not warranted;projectile launchers and less- lethal munitions, including beanbag rounds and shotguns,to limit conflict escalation. Equipment from categories 1, 2,9, 11, 12,and 14 were used.All officers are properly trained and certified to operate this equipment.
Military Complaint/Concern Summary
The Department did not receive any complaints or citizen outreach concerning the Department's Military Equipment Use Policy or ongoing use of said equipment.
Public Meeting
As required by AB481,in order to allow the public to discuss the Report in an open forum,the Police Department will hold a public meeting within 30 days of approval.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
Approving the Annual Military Equipment Report has no direct fiscal impact on the City's General Fund. Indirect costs would include staff time for compiling reports and responding to complaints concerning the policy.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
ORDINANCE NO. 1960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADOPTING A MILITARY EQUIPMENT
USE POLICY FOR THE UPLAND POLICE DEPARTMENT
PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed Assembly Bill 481 ("AB 481") into law which requires law enforcement agencies to adopt a military equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law; and WHEREAS, AB 481 requires adoption of the Policy by the City Council before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website of the City of Upland ("City") Police Department ("Police Department") at least 30 days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Police Department's website for as long as the covered military equipment is available for use; and
WHEREAS, in accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS?
Ordinance No. 1960
Section 1: Incorporation of recitals.
The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2: Findings.
Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Section 3. Military Equipment Use Policy Adopted.
In light of the findings in Section 2, and in accordance with AB 481, the Policy attached to this Ordinance as Exhibit "A" is hereby adopted by the City Council.
Section 4. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable.
Ordinance No. 1960
Section 6. Publication and Effective Date.
This Ordinance shall be posted at three public places within the City of Upland and shall become effective thirty days after the date of its posting.
PASSED AND ADOPTED this 9th day of May, 2022.
elto, Mayor
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 25th day of April, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 9th day of May, 2022, by the following vote:
AYES: Mayor Velto, Councilmembers Maust, Elliott, Garcia, Zuniga NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
Keri Johnson, City CI'
Ordinance No. 1960
Exhibit "A"
Military Equipment Use Policy
[Attached behind this page]
.
Policy Upland Police Department
706 Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy")is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Pursuant to Assembly Bill 481 ("AB 481"). 706.1.1 DEFINITIONS
Definitions related to this Policy include those provided in Government Code § 7070, and as follows:
Governing body— City of Upland City Council ("City Council").
Military equipment— Includes but is not limited to the following:
• Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles. • Category 2: Mine-resistant ambush-protected (MRAP)vehicles or armored personnel carriers.
• Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one- half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Category 4: Tracked armored vehicles that provide ballistic protection to their occupants.
• Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Category 6: Weaponized aircraft, vessels, or vehicles of any kind. • Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard- issue shotguns and standard-issue shotgun ammunition.
• Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code§section 30510 and Penal Code §section 30515, with the exception of standard-issue firearms. • Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Category 11: Noise-flash diversionary devices and explosive breaching tools. • Category 12: Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
• Category 13: TASER®Shockwave, microwave weapons, water cannons, and long- range acoustic devices (LRADs).
• Category 14: Kinetic energy weapons and munitions.
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Military Equipment
• Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the Policy of the City of Upland that members of this Police Department("Department")comply with the provisions of AB 481 with respect to the funding,acquisition and use of military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Tactical Response Team Commander to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the military equipment the Department intends to acquire.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Departments's funding, acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and insuring that the report is made available on the Department's website. (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying equipment for the Department is attached to this Policy as Exhibit "A" and is incorporated into the Policy by this reference.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure this Policy is submitted to the City Council and is available on Copyright Lexipol,LLC 2022/04/18,All Rights Reserved. Military Equipment-2 Published with permission by Upland Police Department
Upland Police Department
Policy Manual
Military Equipment
the Department's website at least 30 days prior to any public hearing concerning the Policy. The Policy must be approved by the City Council prior to engaging in any of the following :
(a) Requesting military equipment made available pursuant to 10 USC § 2576(a). (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the Department's jurisdiction. (e) Using any new or existing military equipment for a purpose, in a manner,or by a person not approved by this Policy.
(f) Soliciting or responding to a proposal for,or entering into an agreement with,any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this Policy. Military equipment used by other jurisdictions that are providing mutual aid to the Department shall comply with their respective military use policies in rendering mutual aid. 706.7 ANNUAL REPORT
Upon approval of this Policy,the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department's website for as long as the military equipment is available for use. The report shall include all information required by Government Code §section 7072 for the preceding calendar year for each type of military equipment in Department inventory. "Type" of military equipment is defined to mean each item that shares the same manufacturer model number.
706.8 COMMUNITY ENGAGEMENT
Within thirty 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Copyright Lexipol,LLC 2022/04/18,All Rights Reserved. Military Equipment-3 Published with permission by Upland Police Department
Upland Police Department
Policy Manual
Military Equipment
706.9 EXHIBIT "A" MILITARY EQUIPMENT INVENTORY LIST
See attachment: Military equipment list.pdf
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Policy Manual
Attachments
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Attachment
Policy Manual
Military equipment list.pdf
Copyright Lexipol,LLC 2022/04/18,All Rights Reserved. Military equipment list.pdf-6 Published with permission by Upland Police Department
Upland Police Department—Military Equipment List
1. Specialized firearms and ammunition (Category 10)
a. Quantity, description, capabilities, and purchase cost:
56(fifty-six) Colt AR-15 patrol rifles capable of accurately engaging an armed subject at various distances.The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic fire.The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks.The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $927.76
• Authorized Use: Only members that are POST certified Peace Officers, and have completed the POST Firearms/Tactical Rifle Course. 15(fifteen) MP5 sub-machine guns. The MP5 sub-machine gun is capable of accurately engaging an armed subject at various distances. The MP5 is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi- automatic and automatic fire.The MP5 does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks.The 9 mm NATO cartridge is capable of limited penetration against soft body armor worn by armed subjects. COST: Unknown cost.These weapons were acquired over 10 years ago. • Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed the POST SWAT Academy Firearms Course. MP5's may be deployed with the approval of the SWAT commander.These firearms are currently in storage and are considered surplus at this time.The Department will be exploring options for removing these weapons from its inventory.
2 (two) Heckler and Koch HK416 rifles. The HK416's possessed by the Upland Police department are NOT currently in service(storage). The HK416 is capable of accurately engaging an armed subject at various distances.The HK416 rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire.The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks.
The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: Unknown cost.These weapons were acquired over 10 years ago.
• Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed a POST SWAT Academy/Firearms Training. These firearms are currently in storage and are only deployed at the direction of the SWAT Commander.
16(sixteen) Geissele 5.56mm rifle is capable of accurately engaging an armed subject at various distances.The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire.The Geissele rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks.The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST:
$2,068.62 per rifle.
• Authorized Use: Only members that are POST certified Peace Officers, and are members of the SWAT Team that have completed POST SWAT Academy/Firearms Training. Members meeting the above qualifications are also authorized to carry these weapons in a patrol capacity. 12 (twelve) M16A1 service rifles. The M16A1 service rifles possessed by the Upland Police department are NOT currently in service(storage). The M16A1 service rifle is capable of accurately engaging an armed subject at various distances.The M16A1 service rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire.The M16A1 service rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks.The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $0.These firearms were granted from the U.S. Military.The firearms are currently in storage and pending return or legal disposition.
2.Tear Gas (Category 12)
a. Quantity, Description, Capabilities, and Purchase Cost:
Description: Various Quantities of Chemical agent munitions, which are commonly referred to as "tear gas," are used by the Upland Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects per Upland Police Department Policy and applicable law.The Upland Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC(Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and
causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de- regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes). Descriptions of each agent/munition are taken directly from the manufacture.
1. 1017-Pocket Tactical SAF-Smoke—Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 20 to 30 seconds to cover small areas. May be launched or hand-thrown Cost: $27.75 per munition.
2. 1062 -SAF-Smoke Black—Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 30 to 40 seconds to cover large areas. May be launched or hand-thrown Cost: $50.70 per munition.
3. 2042- Flameless Expulsion CS Grenade -The CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device's contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet.This grenade is 7.5 in. by 1.65 in. and delivers approximately.16 oz. of active agent during its 3-second discharge time. Cost: $49.00 per munition.
4. 1082- Riot Control Continuous Discharge Grenade -The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister.This grenade can be used to conceal tactical movement or to route a crowd.The volume of smoke and agent is vast and obtrusive.This launchable grenade is
6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost:
$29.30 per munition
5. 1072 -Spede-Heat Continuous Discharge Chemical Grenade -The Spede- Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds.The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom.This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. Cost: $33.05 per munition.
6. 5230B—Baffled Riot CS Smoke. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost$49.75 per munition.
b. Purpose:To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
Training exercises or approved demonstrations.
c. Authorized Use: Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents.
d. Expected Lifespan:
1. 1017—5 years
2. 1062—5 years
3. 2042—5 years
4. 1082—5 years
5. 1072—5 years
6. 5230B—5 years
e. Fiscal Impact:There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
3. Flash Bang(Category 12)
a. Quantity, Description, Capabilities, and Purchase Cost:
The noise/flash diversionary device (NFDD) has become an essential tool for law enforcement tactical teams. Manufacturers of NFDD's have developed training devices to realistically simulate the operational characteristics of standard NFDD's. Although the energy released from the training model is insufficient to use the irritant powder modules, other accessories may be used for the same purposes that they might be used operationally. Examples include trip wiring, perimeter protection, remote initiation, and attaching lanyards for retrieval.The fuze is the most important part of a pyrotechnic munition. Combined Tactical Systems (CTS) Inc. has taken the standard military M201A1 fuze and improved it to provide increased consistency, reliability, and safety.The article describes the CTS Flash-Bang Training System as a superb, cost-effective training tool.The Model 7290T Training Flash-Bang is a low-cost training device that realistically simulates all the functional characteristics of a standard NFDD without any of the liabilities associated with using a full-power device.
1. 7290MT—Mini Bang Training Body.Training system makes for excellent training scenarios.The system is built and weighs exactly the same as the Model 7290M Flash-Bang but has no flash charge.The 7290MT body is
painted with a bright blue coating and can be used an unlimited number of times.The M201FB fuse for this system has 10 times the output of a normal M201 fuse and it is threaded with a left-hand thread so it cannot be accidentally used in any other munitions.The Model 7290MT produce an audible output of about 120db.The base contains a standard 3/8-16 UNC thread at its center allowing attachment of numerous accessories, including:
Clamp, Stake, Eye Bolt or Magnet. Cost: $54.75
2. 7290M —Mini Flash Bang. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Cost: $49.50.
b. Purpose:To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:
5. Self-destructive, dangerous and/or combative individuals.
6. Riot/crowd control and civil unrest incidents.
7. Circumstances where a tactical advantage can be obtained.
8. Potentially vicious animals.
Training exercises or approved demonstrations.
c. Authorized Use: Only officers who have received POST certification or manufacturer- specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:There is no current fiscal impact.The cost for replacement is the cost of the individual round/munition used.
4. Pepper Ball Launcher(Category 12)
a. Quantity, Description, Capabilities, and Purchase Cost:
Twelve (12) Launchers that a part of a system that uses high-pressure air to deliver PAVA powder projectiles (similar to a paintball delivery system). System capable of launching projectiles at a subject up to 60'. System capable of area saturation up to 160'. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De- Escalation tool used to avoid further injuries or lethal options on a subject; Cost:
Unknown for Six (6) items as they were purchased 15 years ago. Six (6) launchers were recently purchased as Cost$664.99
1. Pepper Ball LIVE PROJECTILE, the basic Pepper Ball projectile contains 2.5 grams of PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 FPS.The projectile has a direct impact of 60 feet and an area of saturation of 150+feet.The projectile contains 0.5% PAVA Powder; Cost: $249.99 for pack of 90.
2. Pepper Ball Glass Breaker Projectiles, a solid projectile used to shatter windows only. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 FPS; Cost: $25 for pack of 10.
b. Purpose:To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include but, are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
c. Authorized Use: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers. d. Expected Lifespan:
1. Pepper Ball Launcher—No expiration
2. Live Projectile—3 years
3. Glass Breaker Projectiles—No expiration
e. Fiscal Impact:
There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used.
5. Projectile Launch platforms and associated munitions (Category 14) a. Quantity, Description, Capabilities, and Purchase Cost:Three (3) Defense Technology 40mm Single Launcher: Cost: $985.70.The Defense Technology 40mm Single Launcher is not a firearm, but a Less-Lethal launching system that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher can launch 40MM munitions at a subject up to 40 yards.The Less-Lethal launcher is a single launcher,which allows the Officer to assess after every spent munition.
Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The below listed product descriptions are taken directly from the manufacture.
1. 6320-The 40mm Direct Impact Crushable Foam Round is the perfect munitions for incapacitating a single subject or for controlling a crowd.The plastic body with a crushable orange foam nose containing a powder payload makes for a lightweight, high-speed projectile.This munition is a point-of-aim, point-of-impact direct fire round that has passed extensive human effects assessments for blunt impact and penetration, most commonly used by tactical teams where greater accuracy and deliverable energy is needed for incapacitation of a non-compliant subject at longer distances. When it is loaded with agent, it combines blunt trauma with the effects of an irritant, which maximizes the potential for incapacitation. Cost: $30.50 per munition.
2. 6322 -The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct- fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Cost: $30.30 per munition.
3. 6299 -The 40 mm Multiple Foam Baton Round is most widely used as a crowd management tool where stand-off distances are limited. It may also prove valuable in riot situations where police lines and protestors are in close proximity.The round contains three foam projectiles. It utilizes smokeless powder and has more consistent velocities and tighter patterns compared to its 37 mm counterpart.The foam projectile allows for closer deployment, while minimizing injury. Cost: $25.60 per munition.
4. 2262 -40mm CS Liquid Ferret (Barricade Penetrating Projectile "Black Tip"). The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier,the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation,the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance,temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $28.15 per munition.
5. 6297 -Stinger 37/40 mm 60-Caliber Rubber Balls Round.The Stinger 37/40 mm 60-Caliber Round is most widely used as a crowd management tool.The Stinger contains approximately eighteen 60-Caliber rubber balls. Designed for departments utilizing both 37/40 mm launchers, allows sharing of ordinance between the two weapon systems. It utilizes smokeless powder as the propellant and has consistent velocities and tighter patterns compared to its 37 mm counterpart. Suitable for close to medium ranges of fire. Cost: $25.60 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
Training exercises or approved demonstrations.
Authorized Use: Only officers who have received POST certification or manufacturer- specific training in the use of chemical agents are authorized to use chemical agents. c. Expected Lifespan:
1. 6320—5 years
2. 6322—5 years
3. 6299—5 years
4. 2262—5 years
5. 6297—5 years
d. Fiscal Impact:There is no current fiscal impact.The cost for replacement is the cost of the individual round/munition used.
6. Bean Bag Shotgun (Category 14)
a. Quantity, Description, Capabilities, and Purchase Cost: Fifteen (15) Remington 870 12 Gauge Multi-Shot Beanbag Launcher: Cost: Unknown, purchased over 25 years ago.
The Remington 870 12 Gauge Multi-Shot Beanbag Launcher is a converted Remington 870 used as a Less- Lethal launching system.The launching system uses smokeless powder to deliver a 12 gauge 40-gram lead-filled cotton-ballistic fiber blend projectile from a safe distance.The Less-Lethal launcher is capable of launching munitions at a subject up to 75 feet. The Less-Lethal launcher is a pump- action launcher, which allows the officer to assess after every spent munition. Less- Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.
1. 3027—12 gauge 40-gram lead-filled cotton-ballistic fiber blend stabilized bean bag munition is designed to produce blunt trauma and pain compliance.The bean bag munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter; Cost: $6.15 per munition.
c. Purpose:To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
d. Authorized Use:Situations for use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individual(s).
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5.Training exercises or approved demonstrations.
e. Expected Lifespan:
1. Bean Bag Launcher—No expiration.
2. Bean Bag Munitions—5 years
f. Fiscal Impact:
There is no current fiscal impact.The cost for replacement is the cost of the individual weapon system/munition used.
Upland Police Department Annual Report 2025— Military Equipment List The Upland Police Department utilizes the equipment listed below for law enforcement purposes only in a manner that is consistent with the equipment's category's description. The Department's use complies with state and federal law, including any licensing and certification requirements, and City and Department policies and procedures.All equipment is used in a manner that protects public and officer safety and the community's civil rights and civil liberties, with the goal of minimizing injury to persons and property, including when exigent circumstances arise that may require a related use not explicitly described below. Deployments are regulated to those who have completed requisite training or qualification, including that from the Department and the Commission on Peace Officer Standards and Training (POST).
1. Specialized firearms and ammunition (Category 9):
a. Quantity, description, capabilities, and purchase cost:
Quantity-56 (fifty-six) Colt AR-15 patrol rifles capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic fire. The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $927.76 • Authorized Use: Only members that are POST certified Peace Officers, and have completed the POST Firearms/Tactical Rifle Course.
Quantity-15 (fifteen) MP5 sub-machine guns. The MP5 sub-machine gun is capable of accurately engaging an armed subject at various distances. The MP5 is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semiautomatic and automatic fire. The MP5 does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 9 mm NATO cartridge is capable of limited penetration against soft body armor worn by armed subjects. COST: Unknown cost. These weapons were acquired over 10 years ago.
• Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed the POST SWAT Academy Firearms Course. These firearms are currently in storage and are only deployed at the direction of the SWAT Team Commander.
Quantity-2 (two) Heckler and Koch HK416 rifles. The HK416's possessed by the Upland Police department are NOT currently in service (storage). The HK416 is capable of accurately engaging an armed subject at various distances. The HK416 rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semiautomatic and automatic fire. The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: Unknown cost. These weapons were acquired over 10 years ago. • Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed a POST SWAT Academy/Firearms Training. These firearms are currently in storage and are only deployed at the direction of the SWAT Commander.
Quantity-16 (sixteen) Geissele 5.56mm rifle is capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire. The Geissele rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $2,068.62 per rifle.
• Authorized Use: Only members that are POST certified Peace Officers, and are members of the SWAT Team that have completed POST SWAT Academy/Firearms Training.
Members meeting the above qualifications are also authorized to carry these weapons in a patrol capacity.
Quantity-12 (twelve) M16A1 service rifles. The M16A1 service rifles possessed by the Upland Police department are NOT currently in service (storage). The M16A1 service rifle is capable of accurately engaging an armed subject at various distances. The M16A1 service rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi- automatic and automatic fire. The M16A1 service rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $0. These firearms were granted from the U.S. Military. The firearms are currently in storage and pending return or legal disposition.
Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.
2. Tear Gas (Category 12):
a. Quantity, Description, Capabilities, and Purchase Cost: Description: Various Quantities of Chemical agent munitions, which are commonly referred to as "tear gas," are used by the Upland Police Department as a nonlethal tool to disperse rioting suspects and on barricaded suspects per Upland Police Department Policy and applicable law. The Upland Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator(irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de- regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
Descriptions of each agent/munition are taken directly from the manufacturer.
1. (Quantity 9) 1017-Pocket Tactical SAF-Smoke—Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 20 to 30 seconds to cover small areas.
May be launched or hand-thrown Cost: $27.75 per munition.
2. (Quantity-18) 2042 - Flameless Expulsion CS Grenade - The CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device's contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65
in. and delivers approximately .16 oz. of active agent during its 3-second discharge time.
Cost: $49.00 per munition.
3. (Quantity-9) 1072 - Spede-Heat Continuous Discharge Chemical Grenade - The Spede- Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. Cost: $33.05 per munition.
4. (Quantity- 32) 5230B — Baffled Riot CS Smoke. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost $49.75 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals. 5. Training exercises or approved demonstrations. c. Authorized Use: Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:
1. 1017 - 5years
2. 1062 — 5 years
3. 2042 — 5 years
4. 1082 — 5 years
5. 1072 — 5 years
6. 5230B — 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.
3. Flash Bang (Category 11):
a. Quantity, Description, Capabilities, and Purchase Cost: The noise/flash diversionary device (NFDD) has become an essential tool for law enforcement tactical teams. Manufacturers of NFDD's have developed training devices to realistically simulate the operational characteristics of standard NFDD's. Although the energy released from the training model is insufficient to use the irritant powder modules, other accessories may be used for the same purposes that they might be used operationally. Examples include trip wiring, perimeter protection, remote initiation, and attaching lanyards for retrieval. The fuze is the most important part of a pyrotechnic munition.
Combined Tactical Systems (CTS) Inc. has taken the standard military M201A1 fuze and improved it Rev. 6/21/23 to provide increased consistency, reliability, and safety. The article describes the CTS Flash-Bang Training System as a superb, cost-effective training tool. The
Model 7290T Training Flash-Bang is a low-cost training device that realistically simulates all the functional characteristics of a standard NFDD without any of the liabilities associated with using a full-power device.
1. (Quantity-18) 7290MT— Mini Bang Training Body. Training system makes for excellent training scenarios. The system is built and weighs exactly the same as the Model 7290M Flash-Bang but has no flash charge. The 7290MT body is painted with a bright blue coating and can be used an unlimited number of times. The M201 FB fuse for this system has 10 times the output of a normal M201 fuse and it is threaded with a left-hand thread so it cannot be accidentally used in any other munitions. The Model 7290MT produces an audible output of about 120db. The base contains a standard 3/8-16 UNC thread at its center, allowing attachment of numerous accessories, including: Clamp, Stake, Eye Bolt or Magnet. Cost: $54.75
2. (Quantity-27) 7290M — Mini Flash Bang. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Cost: $49.50. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
c. Authorized Use: Only officers who have received POST certification or manufacturer specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan: 1. 7290MT— 5 years
2. 7290M — 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.
4. Pepper Ball Launcher (Category 14):
a. Quantity, Description, Capabilities, and Purchase Cost:
Twelve (12) Launchers that a part of a system that uses high-pressure air to deliver PAVA powder projectiles (similar to a paintball delivery system). System capable of launching projectiles at a subject up to 60'. System capable of area saturation up to 160'. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a
potentially violent encounter. De-escalation tool used to avoid further injuries or lethal options on a subject; Cost: Unknown for Six(6) items as they were purchased 15 years ago. Six(6)launchers were recently purchased. Cost: $664.99
1. Pepper Ball LIVE PROJECTILE, the basic Pepper Ball projectile contains 2.5 grams of PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 feet and an area of saturation of 150+feet. The projectile contains 0.5% PAVA Powder; Cost: $249.99 for pack of 90.
2. Pepper Ball Glass Breaker Projectiles, a solid projectile used to shatter windows only.
Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280- 350 FPS; Cost: $25 for pack of 10.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include but, are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
c. Authorized Use: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers.
d. Expected Lifespan:
1. Pepper Ball Launcher— No expiration
2. Live Projectile — 3 years
3. Glass Breaker Projectiles — No expiration
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.
5. Projectile Launch platforms and associated munitions (Category 14):
a. Quantity, Description, Capabilities, and Purchase Cost:
1. Three (3) 40mm Single Launcher:
a. Manufacturer: Defense Technology
b. Cost: $985.70.
2. Fifteen (15) 40mm Single Launchers:
a. Manufacturer: LMT Defense Technology
b. Cost Per: $1,212.83.
The LMT Defense Technology 40mm Single Launcher is not a firearm, but a Less-Lethal launching system that uses smokeless powder to deliver 40MM projectiles from a safe distance.
The Less-Lethal launcher can launch 40MM munitions at a subject up to 40 yards. The Less-
Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition.
The less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The below-listed product descriptions are taken directly from the manufacturer.
1. 6320 - The 40mm Direct Impact Crushable Foam Round is the perfect munition for incapacitating a single subject or for controlling a crowd. The plastic body with a crushable orange foam nose containing a powder payload makes for a lightweight, high-speed projectile. This munition is a point-of-aim, point-of-impact direct fire round that has passed extensive human effects assessments for blunt impact and penetration, most commonly used by tactical teams where greater accuracy and deliverable energy is needed for incapacitation of a non-compliant subject at longer distances.When it is loaded with agent, it combines blunt trauma with the effects of an irritant, which maximizes the potential for incapacitation. Cost: $30.50 per munition.
2. 6322 - The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Cost: $30.30 per munition.
3. 6299 - The 40 mm Multiple Foam Baton Round is most widely used as a crowd management tool where stand-off distances are limited. It may also prove valuable in riot situations where police lines and protestors are in close proximity. The round contains three foam projectiles. It utilizes smokeless powder and has more consistent velocities and tighter patterns compared to its 37 mm counterpart. The foam Rev. 6/21/23 projectile allows for closer deployment, while minimizing injury. Cost: $25.60 per munition.
4. (Quantity-18)2262 -40mm CS Liquid Ferret(Barricade Penetrating Projectile"Black Tip").
The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $28.15 per munition.
5. (Quantity-40) 106297 - Stinger 37/40 mm 60-Caliber Rubber Balls Round. The Stinger 37/40 mm 60- Caliber Round is most widely used as a crowd management tool. The Stinger contains approximately eighteen 60-Caliber rubber balls. Designed for departments utilizing both 37/40 mm launchers, allows sharing of ordinance between the two weapon systems. It utilizes smokeless powder as the propellant and has consistent velocities and tighter patterns compared to its 37 mm counterpart. Suitable for close to medium ranges of fire. Cost: $25.60 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals. 5. Training exercises or approved demonstrations. c. Authorized Use: Only officers who have received POST certification or manufacturer specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:
1. 6320— 5 years
2. 6322 — 5 years
3. 6299— 5 years
4. 2262 — 5 years
5. 6297— 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
6. Bean Bag Shotgun (Category 14):
a. Quantity, Description, Capabilities, and Purchase Cost: Fifteen (15) Remington 870 12 Gauge Multi-Shot Beanbag Launcher: Cost: Unknown, purchased over 25 years ago. The Remington 870 12 Gauge Multi-Shot Beanbag Launcher is a converted Remington 870 used as a Less- Lethal launching system. The launching system uses smokeless powder to deliver a 12 gauge 40-gram lead-filled cotton-ballistic fiber blend projectile from a safe distance. The Less-Lethal launcher is capable of launching munitions at a subject up to 75 feet. The Less-Lethal launcher is a pump-action launcher, which allows the officer to assess after every spent munition. Less- Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.
1. 3027— 12 gauge 40-gram lead-filled cotton-ballistic fiber blend stabilized bean bag munition is designed to produce blunt trauma and pain compliance. The bean bag munition is used as a Less- Lethal weapon designed to de-escalate a potentially violent encounter; Cost: $6.15 per munition. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individual(s).
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Expected Lifespan:
1. Bean Bag Launcher— No expiration.
2. Bean Bag Munitions—5 years e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used. f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25.
7. Small Unmanned Aerial Systems (sUAS) (Category 1):
a. Quantity, Description, Capabilities, and Purchase Cost:
1. LOKI 2 (Quantity 4)
a. Manufacturer: Sky Hero
b. Total Cost: $31,750
2. EVOII (Quantity 5)
a. Manufacturer:Autel Robotics
b. Total Cost: $25,694
3. Nano+(Quantity 3)
a. Manufacturer:Autel Robotics
b. Total Cost: $2,008
4. Evo Max 4 (Quantity 6)
a. Manufacturer: Autel Robotics
b. Total Cost: $52,194
5. Avata (Quantity 5)
a. Manufacturer: DJI Enterprise
b. Total Cost: $6,495
6. SIGYN UGV (Quantity 1)
a. Manufacturer: Sky Hero
b. Total Cost: $8,795
7. DJI Avata (Quantity 5)
a. Manufacturer: DJI
b. Total Cost: 7,195
An unmanned aircraft of any type that is capable of sustaining direct flight, whether pre- programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means. sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes. b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with the FAA regulations and with respect for constitutional rights and privacy, which include but not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support search warrant or tactical operations such as barricaded suspects, mapping of critical infrastructure for Homeland Security purposes, security operations, at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City
Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government.
c. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate sUAS equipment during approved missions. d. Expected Lifespan: All sUAS equipment, approximately 3-5 years. e. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000. f. Additional Equipment: Equipment anticipated to be acquired in Fiscal Year 24/25:
1. Two (2) DJI M4TD. Cost per- $13,439.00.
2. One (1)Autel Nano. Cost per- $650.00.
8. Armored Personnel Carrier (Category 2):
a. Quantity, Description, Capabilities, and Purchase Cost
1. Bearcat Gen 2 (Quantity 1)
a. Manufacturer: Lenco
b. Cost: $285k
An armored rescue vehicle capable of providing high ballistic protection, cover, limited breaching capability, and transporting officers and/or civilians at critical incidents and high-risk tactical operations. Bearcats can support first responders in any hazardous, high-risk, or critical incident, which would benefit from having a vehicle that provides a high level of ballistic protection. b. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT Commander, based on the specific circumstances of a given incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected Lifespan: Lenco Bearcat Gen 2, approximately 15 years. e. Fiscal Impact: Annual maintenance costs approximately $1,000. f. Additional Equipment: None anticipated to be acquired in Fiscal Year 24/25
9. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs) (Category 13):
a. Quantity, Description, Capabilities, and Purchase: Ninety three (93) AXON TASER 7 Cost:
$2.5 million. The Axon TASER 7 is a conducted energy weapon (CEW) designed for law enforcement to incapacitate suspects with less risk of serious injury or death. By providing a less- lethal option, the TASER 7 can give officers a window to de-escalate a tense situation before resorting to firearms.
1. The AXON TASER 7 probe cartridge is a single-use magazine containing two barbed probes connected to insulated wires. These cartridges are designed to be fired from the TASER 7 conducted energy weapon (CEW) to subdue a suspect with minimal harm. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized use:
Situations for use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individual(s).
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Expected Lifespan:
Confirmed Non-Compliance:
The Department had no reportable instances of confirmed non-compliance with its Military Equipment Use Policy to report to the City Council.
Justification:
In order to ensure that the Department's military equipment provides the best value to meet the City's needs in comparison to alternatives, if any were available, and to achieve officer and civilian safety, the Department's past and future acquisitions of military equipment comply with the City's purchasing policy.
4c °v °p`qt CITFUP LAND
.�, �. '� "The City of Gracious Living"
c�lrFOR�i� Z�v�/ `C`/ oid
DATE: May 27,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
ANTHONY KABAYAN,POLICE LIEUTENANT
SUBJECT: CONSIDER RATIFYING THE PROCUREMENT OF AXON FLEET 3 DASHBOARD
CAMERA SYSTEMS AND APPROVE THE MASTER SERVICES AND PURCHASING
AGREEMENT
RECOMMENDED ACTION:
It is recommended that the City Council ratify the procurement of the Axon Fleet 3 dashboard camera/ALPR system and approve the Master Services and Purchasing Agreement between Axon and the Upland Police Department for the total amount of$343,337.62 for a five-year contract.
GOAL STATEMENT
The proposed action supports the City's goal of providing efficient and effective police services to the community.
BACKGROUND
The Police Department is continually seeking to improve transparency, efficiency, and safety through the use of modern technology. One of the key tools currently in use is the Axon body-worn camera system, which provides critical video documentation of police-public interactions and supports the department's goals of accountability and evidence integrity.
To further enhance these capabilities,the depar tinent recommended the purchase of Axon Fleet 3 in-car video system.
This state-of-the-art solution complements the existing Axon body-worn cameras by offering an integrated, synchronized video capture system from both in-car and officer perspectives. The Fleet 3 system features high- definition cameras mounted in patrol vehicles, including both front-facing and rear-seat views, with automatic activation triggered by events such as lights and sirens or door openings.
One of the primary benefits of the Axon Fleet 3 system is its seamless integration with Axon's existing ecosystem, particularly the Axon Body cameras and Evidence.com, the department's secure cloud-based digital evidence management platform.When used together,these systems allow for:
• Automatic synchronization of video from body cameras and in-car systems, ensuring a complete and consistent view of an incident from multiple angles.
• Event-based video activation, allowing both body and vehicle cameras to start recording simultaneously based on predefined triggers.
• Streamlined evidence management, with all footage automatically uploaded to Evidence.com, reducing manual handling, improving chain of custody, and enabling quicker access for investigations, legal review, and public records requests.
• Enhanced officer safety and situational awareness,through real-time alerts and features like automatic license plate recognition (ALPR) and live-streaming capabilities. An additional key feature of the Axon Fleet 3 system is its built-in Automatic License Plate Reader(ALPR)technology.Unlike traditional ALPR systems that require separate hardware and software, Fleet 3 integrates this functionality directly into the in-car camera system, offering real-time scanning and identification of license plates as officers conduct routine patrols. This capability enhances situational awareness and officer safety by automatically alerting officers to stolen vehicles, vehicles associated with wanted individuals, or other flagged alerts from local, state, or national databases. The ALPR data is also securely managed through Evidence.com, ensuring proper data governance and auditability. By automating this process, Fleet 3 helps officers focus on patrol and enforcement duties while improving the department's ability to proactively address crime and recover stolen property.
From a risk management perspective,the Axon Fleet 3 system provides significant benefits to the Police Department and the City. The system enhances documentation of critical incidents,reducing the likelihood of disputes regarding officer conduct and use of force.With synchronized video from both body-worn and in-car cameras,the department is better equipped to provide clear, objective evidence in response to citizen complaints, legal claims, or internal investigations.This transparency can lead to a reduction in liability exposure and associated legal costs.Additionally, the automated upload and secure storage of video evidence through Evidence.com ensures a reliable chain of custody and minimizes the risk of lost, tampered, or mishandled evidence. These features support timely and thorough investigations, foster public trust, and help mitigate the risk of civil litigation or reputational harm to the department and the City.
ISSUES AND ANALYSIS
Per Purchasing Policy 11.3 Sole Source Procurement,the Axon Fleet 3 system offers key advantages for the City and Police Department.Technologically,it integrates seamlessly with the department's existing Axon body-worn cameras and Evidence.com platform,minimizing training needs and ensuring a smooth transition..
In terms of operational efficiency,the Fleet 3 system addresses a current gap in in-car video capabilities.By capturing synchronized footage from both vehicle-mounted and body-worn cameras, the department gains a more comprehensive and accurate record of interactions, vehicle stops, and in-vehicle activity, an improvement over systems that operate independently or rely on manual activation. These enhancements will directly support criminal investigations,court proceedings,and internal reviews by providing a fuller evidentiary picture.
While initial costs covering hardware,software,storage,and installation are significant,long term savings may result from reduced litigation,faster case resolution,and lower administrative burdens. Overall,the adoption of Axon Fleet 3 represents a strategic investment in modern policing tools that align with departmental goals of transparency, accountability,and public safety.With appropriate planning and oversight,the system can deliver substantial benefits while managing potential risks.
The initial purchase of the Axon Fleet 3 system for the first year, totaling $42,799.72, was authorized by the City Manager.However since the subsequent annual costs for the years 2026 through 2029 are$72,893.27 per year,which exceeds the City Manager's authority,the Master Services and Purchase agreement requires ratification by the City Council. Funding for the system has been included in the 2025 Q1 budget adjustments. Continued investment in the Axon Fleet 3 system will enhance the Police Department's commitment to transparency, officer accountability, and operational efficiency,while also optimizing the value of existing Axon technology investments.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
The five-year purchase cost is$343,337.62.The initial funding in the amount of$43,950.49 is available in the Police Department Patrol Permits/Licenses Account No. 1013211-5219. Funding for calendar year 2026 of$73,000 is proposed in the Mid-Cycle Budget Update in the COPS Other Equipment Rental Account No.2163201-5234.
Funding for future years'will be included as a part of the biennial budget process.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
Axon Enterprise,Inc. Q-607748-45615.927KP 17800 N 85th St.
44111111
.44/110116*
Scottsdale,Arizona 85255 United States
VAT:86-0741227
Issued:11/1912024
MO
Quote Expiration:11/30/2024
Domestic:(800)978 2737 Estimated Contract Start Date:01/01/2025 International:+1.800.978.2737
Account Number:109195
Payment Terms:
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Upland Police Dept.-CA Upland Police Dept.-CA
1499 W 13th St 460 N Euclid Ave Kyle Panasewicz Anthony Kabayan Upland, Upland Phone:+1 4803294734 Phone:(909)946-7624 CA CA Email:[email protected] Email:[email protected] 91786-2992 91786-4732 Fax:(480)905-2071 Fax:(909)920-0105 USA USA
Email:[email protected]
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $22,440.00 TOTAL COST $334,372.80
TOTAL SAVINGS $112,200.00
ESTIMATED TOTAL WI TAX $343 337 62
Payment Summary
Date Subtotal Tax _............_.............................._ Total Jan 2025
$42,799.72 $1,147.50_........... $43,947.22
Jan 2026 $72,893.27,._._._ $1,954:34 $74,847.61 : Jan 2027 ,_,,,__._._._ --
$72,893.27 $1,954.34 $74,847.61
Jan 2028 $72,893.27 $1,954.34 $74,847.61 Jan 2029 _.............$72,893.27__ $1,954,30......... $74,847.57 Total $334,372.80 $8,964.82 ..._.__. ................._.._. $343,337.62
Quote Unbundled Price: $446,572.80
Quote List Price: $413,018.40
Quote Subtotal: $334,372.80
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item r_ _ ___„ Description _.. Qty Term Unbundled List Price Net Price Subtotal Tax Total Program a.
Fleet3A Fleet 3 Advanced 22 1 60 $279.99 $254.57 $219.98 $290 373 60 $5,813.12 $296,186 72 A la Carte Hardware ....._. _
R1900KIt CRADLEPOINT R1900 SINGLE MODEM KIT 22 64.__..,,.._.__....._......__.........__.._._._ $3,363.00.._..... _. ....._$31 06 $40,999.20 $3 151.70..........................$44 150 90 A la Carte Services
100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $3 000.00 $3 000.00 $3 000.00 $0 00 $3 000.00 Total $334,372.80 ........................_$8,96482.............__. $343 337.62_..
Delivery Schedule
Hardware cri Item Description Bundle p QTY Shipping Location Estimated Delis Date , CRADLEPOINT R1900 SINGLE MODEM KIT 100145 AXON FLEET-AIRGAIN ANT-7-IN-1 WH 4LTE/5G 2WIFI 22 1 12/01/2024 1GNSS —11
CRADLEPOINT R1900 SINGLE MODEM KIT 100146 AXON FLEET-CRADLEPOINT R1900-SGB GA+5YR 22 1 12/01/2024 NETCLOUD .
Fleet 3 Advanced 70112 AXON SIGN SIGNAL UNIT 22 1 _,_... 12/01/2024 Fleet 3 Advanced.___.__._... 72036 AXON FLEET 3-STANDARD 2 CAMERA KIT 22 1 12/01/2024 Fleet 3 Advanced 72040 AXON FLEE -TAP REFRESH 1-2 CAMERA KIT 22 1 11/30/2029 I Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 AXON EVIDE CE FLEET VEHICLE LICENSE 22 01/01/2025 12/31/2029 Fleet 3 Advanced 80401 AXON FLEE 3-ALPR LICENSE-1 CAMERA 22 01/01/2025 ___...._. 12/31/2029 • Fleet 3 Advanced _ —
80402 AXON RESPOND-LICENSE-FLEET 3 22 01/01/2025 12/31/2029 Fleet 3Advanced 80410 AXON EVIDE CE-STORAGE-FLEET 1 CAMERA UNLIMITED 44 01/01/2025 12/31/2029 Services —�_ __. __.____ _
Bundle ..._..., hem Descri�tio .QTY........_...w CRADLEPOINT R1900 SINGLE MODEM KIT 100738 AXON FLEE 3-SIM INSERTION-VZW 4FF 22 Fleet 3 Advanced _ _ 73391 AXON FLEE 3-DEPLOYMENT PER VEHICLE-NOT OVERSIZED 22_ Ala Carte „__ __ _. _ _100159 AXON FLEE 3 SERVICES ALPR API INTEGRATION 1,__,,,_ µ
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 AXON SIGNA EXT WARRANTY-SIGNAL UNIT 22 12/01/2025 12/31/2029 Fleet 3 Advanced 80495 AXON FLEET c-EXT WARRANTY-2 CAMERA KIT 22 12/01/2025 12/31/2029 1
Shipping Locations
Location Number Street Ci State Zip Country 1499 W 13th St Upla d CA 91786-2992 USA 1 Payment Details
Jan 2025
Invoice Plan ._.. _ Item Descri.tion ,....__ ._._ Q ._ _Subtotal Tax Total_...
Year 1 100159 AXON FLEET 3-SERVICES-ALP•API INTEGRATION 1 $384.00 $0.00 $384.00 Year 1.___._._._.__. Fleet3A__.... Fleet 3 Advanced 22 $37,167.83 $744408..._._. $37,911.91 Year 1 R1900Kit CRADLEPOINT R1900 SINGLE M•BEM KIT 22 $5,247.89 $403.42 $5,651.31 Total $42,799.72._.. $1147.50 $43,947.22....; Jan 2026
Invoice Plan Item ....._....... Description. _ QtySubtotal Tax Totals Year 2 100159 AXON FLEET 3-SERVICES-ALP API INTEGRATION 1 $654.00 $0.00 $654.00 1 Year 2 Fleet3A Fleet 3 Advanced 22 $63,301.45 $1,267.27 $64,568.72 I Year 2 R1900Kit CRADLEPOINT R1900 SINGLE M EM KIT 22 $8,937.82 $687.07 $9,624.89 ! Total $72,893.27 $1,954 34 574,847.61 Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total i Year 3 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $654.00 $0.00 $654.00 I Year 3 Fleet3A Fleet 3 Advanced 22 $63,301.45 $1,267.27 $64,568.72.
Year 3 R1900Kit —_. CRADLEPOINT R1900 SINGLE M•DEM KIT 22 $8,937.82 $687.07 $9,624.89 I Total $72,893.27 $1,954.34 $74,847.61 Jan 2028
Invoice Plan Item Description Qty Subtotal Tax TotaI Year 4 100159 AXON FLEET 3-SERVICES-ALP:'API INTEGRATION 1 $654.00 _, $0.00 __ $654.00 Year 4 Fleet3A Fleet 3 Advanced 22 __$63,301.45 $1,267.27 $64,568.72 1 Year 4 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 22 _ $8,937.82 „ „ $687.07 w__� $9,624.89 Total __._.__. $72,893.27 __ $1,954.34 $74,847.61 Jan 2029
Invoice Plan „__...._._ Item — Description .Qty Subtotal Tax___......___.....__............._Total.a Year 5 100159 AXON FLEET 3-SERVICES-ALP•API INTEGRATION 1 $654.00 $0.00 $654.00 Year 5 Fleet3A Fleet 3 Advanced 22...............__......... $63,301.45 $1,267.23 $64,568.68 a Year 5 R1900Kit �..CRADLEPOINT R1900 SINGLE MODEM KIT 22 $8,937 82 $687.07 $9,624.89 1 Total --.._
____...., _...._. ..__ _....... ...._ .__._ _.._____....._.....___......_ $72,893.27_. _ $1,954.30 $74,847.57
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions) , as well as the attached Statement of Work(SOW)for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions) , is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity(including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
//-zo- L
Signat Date Signed
11/19/2024
FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work("SOW")has been made and entered into by and between Axon Enterprise, Inc. ("AXON"), and Upland Police Dept.-CA the("AGENCY") for the purchase of the Axon Fleet in-car video solution ("FLEET")and its supporting information,services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees,that Agency's purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables,which used solely in conjunction with AGENCY's existing systems and equipment,which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.
This SOW contains the entire agreement between the parties. There are no promises, agreements,conditions, inducements,warranties or understandings, written or oral,expressed or implied, between the parties,other than as set forth or referenced in the SOW.
Acceptance
Upon completion of the services outlined in this SOW,AGENCY will be provided a professional services acceptance form("Acceptance Form").AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW,AGENCY must notify AXON in writing of the specific reasons within seven(7)calendar days from delivery of the Acceptance Form.AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form,AGENCY will be deemed to have accepted the services in accordance to this SOW.
Force Majeure
1
Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party's reasonable control and not avoidable by diligence.
Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation-to be performed pursuant of this Statement of Work.
Axon Fleet Deliverables
Typically,within(30)days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY's primary point of contact via electronic media, controlled documentation,guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON,AGENCY may print and reproduce said documents for use by its employees only.
Security Clearance and Access
Upon AGENCY's request,AXON will provide the AGENCY a list of AXON employees,agents, installers or representatives which require access to the AGENCY's facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY's facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check's requirements.
Training
AXON will provide training applicable to Axon Evidence,Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.
Local Computer
2
AGNECY is responsible for providing a mobile data computer(MDC)with the same software, hardware,and configuration that AGENCY personnel will use with the AXON system being installed.AGENCY is responsible for making certain that any and all security settings(port openings,firewall settings, antivirus software, virtual private network, routing, etc.)are made prior to the installation,configuration and testing of the aforementioned deliverables.
Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach,data interception,or loss of data due to misconfigured firewall settings or virus infection,except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.
Cradlepoint Router
When applicable,AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint's NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.
Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.
Wireless Upload System
If purchased by the AGENCY,on such dates and times mutually agreed upon by the parties,AXON will install and configure into AGENCY's existing network a wireless network infrastructure as identified in the AGENCY's binding quote based on conditions of the sale.
VEHICLE INSTALLATION
Preparedness
3
On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.
Vehicle(s)will be deemed'out of service'to the extent necessary to perform Work pursuant of this SOW.
Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.
Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are aet considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.
Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's systems' operation to identify and operate,documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.
In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer,who will install and configure in each vehicle in accordance with the specifications detailed in the system's installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.
If a specified vehicle is unavailable on the date and time agreed upon by the parties,AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation ("Not Fleet Ready"),such as a battery not being properly charged or properly up-fit for in-service, field operations,the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.
4
Upon completion of installation and configuration,AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration,test and the correct of any deficiencies will be completed in each vehicle accepted for installation.
Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's existing systems' operation to identify, document any existing component or vehicle systems'failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system's components, basic functions, integrations and systems overview along with reference to AXON approved,AGENCY manuals,guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components,the antenna(s), integration recording trigger sources and customer preferred power,ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.
Agreed placement will be documented by the AXON Installer.
AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY,the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 5
The customary training session does not'certify'a non-AXON Installer,customer-employed Installer or customer 3rd party Installer,since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 6
Docusign Envelope ID:6224C0A2-FB8F-48C7-BD92-7030959A08E2 4of UN
t..) ` .yEd CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT ;,,: �
c ,tom
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. a—Signed by:
5/21/2025 I 9:03 AM MST Plitif f. V iscbt,) jr.
\5 PAPRR111 ALUM,'
Date Signature of authorized individual
Axon Enterprise, Inc.
Company/Applicant Name
Robert E. Driscoll , Jr.
(Levine Act definitions on reverse side)
Docusign Envelope ID:6224C0A2-FB8F-48C7-BD92-7030959A08E2
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
4<�°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: May 27,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
ANTHONY KABAYAN,POLICE LIEUTENANT
SUBJECT: CONSIDER RATIFYING THE PROCUREMENT OF AXON DRAFT ONE AI REPORT
WRITING SYSTEM AND APPROVING THE MASTER SERVICES AND PURCHASING
AGREEMENT
RECOMMENDED ACTION:
It is recommended that the City Council ratify the procurement of the Axon Draft One AI Report Writing System and approve the Axon Master Services and Purchasing Agreement in the total amount of$283,583.70 for a 39-month contract.
GOAL STATEMENT
The proposed action supports the City's goal of providing efficient and effective police services to the community.
BACKGROUND
The Police Department continually seeks to enhance operational efficiency,reduce administrative burdens on officers, and improve the quality and consistency of reporting. One area of ongoing challenge is the time-intensive nature of writing police reports. Officers often spend a significant portion of their shifts documenting incidents, which can reduce time available for community engagement,proactive patrols,and other essential duties.
Axon developed Draft One, which uses secure, automated transcription and natural language processing to help officers generate police reports quickly and accurately. The software works by analyzing audio captured on Axon body-worn cameras and converting relevant portions into a structured narrative draft report.Officers can then review, edit,and approve the draft,significantly reducing the amount of time spent manually writing reports from scratch.
Axon Draft One integrates directly with the department's existing Axon ecosystem,including body-worn cameras and Evidence.com, the digital evidence management platform currently in use. This integration allows the software to access incident-specific video and audio recordings securely and to support accurate documentation based on actual interactions. By streamlining the report-writing process, Draft One not only increases officer productivity but also enhances the accuracy, consistency, and timeliness of police reports; key factors in effective case management, prosecution,and public transparency.
ISSUES AND ANALYSIS
Per Purchasing Policy 11.3 Sole Source Procurement, Draft One offers a significant reduction in the time officers spend on administrative tasks,particularly the drafting of police reports.Report writing can consume hours per shift, often extending beyond scheduled duty hours, from an operational efficiency standpoint. By leveraging AI to automatically generate initial report drafts based on audio captured by body-worn cameras,Draft One allows officers to focus more time on patrol,investigations,and community engagement.This shift can enhance officer presence and responsiveness while improving job satisfaction by reducing after-hours paperwork.
In terms of report quality and consistency,Draft One provides a valuable standardization tool.Reports generated from direct audio recordings are likely to contain more accurate,timely,and complete details than reports composed hours later from memory. This can improve the reliability of documentation used for criminal investigations and court proceedings,while also supporting greater internal accountability and oversight.
However,there are considerations related to accuracy,officer discretion,and data privacy.While Draft One generates a report based on captured audio,it is not a substitute for officer judgment.Officers will still need to carefully review and edit AI-generated drafts to ensure they meet legal,procedural,and evidentiary standards.It is critical that training and policy reinforce that final report responsibility rests with the officer.
From a financial perspective, the department has conducted a comprehensive assessment of both the initial and recurring costs associated with implementing Draft One. This includes subscription fees and potential per-user licensing expenses.These costs were evaluated against projected savings in officer time,reduced overtime related to report writing, and enhanced report accuracy, which is expected to result in fewer errors. Through this analysis, the department concluded that implementing the software represents a fiscally responsible investment. The anticipated efficiencies and long-term cost savings justify the associated expenses.
The initial purchase of the Axon Draft One AI software totaling$15,597.09,was authorized by the Police Department, but should have gone to the City Council for approval as the annual cost between January 2025 —January 2027 is $89,328.87,which exceeds Police Department authority. Axon Draft One represents a significant step forward in law enforcement technology, with the potential to enhance the efficiency, accuracy, and consistency of police reporting.
When supported by appropriate oversight,policy, and training, the system can serve as a valuable tool in advancing the department's broader objectives of modernization and improved service delivery.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
The 39-month cost of the software is$283,583.70. The initial funding in the amount of$15,597.09 is available in the Police Department Patrol Permits/Licenses Account No. 1013211-5219. Funding for Calendar Year 2025 in the amount of$89,329 is available in the COPS Machine&Equipment Account No.2163201-5530;a budget amendment will be processed to reclassify appropriations to COPS Subscriptions Account No. 2163201-5239.
Funding for Calendar Year 2026 is proposed in the Mid-Cycle Budget Update in the COPS Subscriptions Account No.2163201-5239.
Funding for Calendar Year 2027 will be included as a part of the biennial budget process.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project
Axon Enterprise,Inc. Q-606617-45527.661 KP 17800 N 85th St.
4414
Scottsdale,Arizona 85255 Issued 08/23(2024 United States
VAT:86-0741227 y Quote Expiration:
Domestic:(800)978-2737 Estimated Contract Start Date.10/01/2024 International:+1.800.978.2737
Account Number:109195
Payment Terms:N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Upland Police Dept.-CA Upland Police Dept.-CA
1499 W 13th St 460 N Euclid Ave
U land, Kyle Panasewlcz Anthony Kabayan p Upland Phone:+1 4803294734 Phone:(909)946-7624 CA CAEmail:k le axon.com Email:[email protected] 91786-2992 91786-4732 Fax:(480905-2071 Fax:(909)920-0105 USA USA
Email:[email protected]
Quote Summary Discount Summary
Program Length 39 Months Average Savings Per Year $9,684.28 TOTAL COST $283,583.70 TOTAL SAVINGS $31,473.90 ESTIMATED TOTAL WI TAX $283,583.70
Payment Summary
Date Subtotal Tax Total
Sep 2024 $15,597.09 $0.00 $15,597.09 Jar 2025 $89,328.87 $0.00 $89,328.87 Jan 2026 $89,328.87 $0.00 $89,328.87 Jan 2027 $89,328.87 $0.00 $89,328.87 Total $283,583.70 $0.00 $283,583.70
Quote Unbundled Price: $315,057.60
Quote List Price: $315,057.60
Quote Subtotal: $283,583.70
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A is Carte Software
85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 90 39 $21.76 $19.59 $68,747.40 $0.00 $68,747.40 101283 AXON RECORDS-DRAFT ONE-Al-ASSISTED REPORT 90 39 $68.00 $61.21 $214,836.30 $0.00 $214,836.30
WRITING
Total $283,583.70 $0.00 $283,583.70 Delivery Schedule
Software
Bundle item Description QTY Estimated Start Date Estimated End Date Ala Carte 101283 AXON RECORDS-DRAFT ONE-Al-ASSISTED REPORT 90 010112024 12131l2027
WRITING
Ala Carte 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 90 10/01/2024 12/31/2027
Shipping Locations
Location Number Street City State Zip Country 1 1499 W 13th St Upland CA 91786-2992 USA Payment Details
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total 3mth Payment 101283 AXON RECORDS-DRAFT ONE-Al-ASSISTED REPORT WRITING 90 $11,815.98 $0.00 $11,815.98 3mth Payment 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 90 $3.781.11 $0.00 $3,781.11 Total $15,597.09 $0.00 $15,597.09 Jan 2025
Invoice Plan Item Description Qty Subtotal Tax Total 12mth Payment 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 90 $67,573.44 $0.00 $67,673.44 12mth Payment 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 90 $21,655.43 $0.00 $21,655.43 Total $89,328.87 $0.00 $89,328.87 Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total 12mth Payment 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 90 $67,673.44 $0.00 $67,673.44 12mth Payment 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 90 $21,655.43 $0.00 $21,655.43 Total $89,328.87 $0.00 $89,328.87 Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total 12mth Payment 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 90 $67,573.44 $0.00 $67,673.44 12mthPayment 85760 AXONAUTO-TRANSCRIBE-UNLIMITED SERVICE 90 $21,655.43 $0.00 $21,655.43 Total $89,328.87 $0.00 $89,328.87
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions) , as well as the attached Statement of Work(SOW)for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legalJsales-terms-and-conditions) , is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity(including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Siz..7129
igna ure Date Signed
8/23/2024
of °pt
6.1 CITY OF UPLAND
•
BUDGET AMENDMENT
9t7F00
Date: 5/27/2025 Fiscal Year: FY24-25
Requested by: Charles Kwon Amount: $ -
Dept/Div: Finance Description: 5/27/2025 Council Meeting Axon Draft One Report Writing System
EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 216-3201-5530 COPS-PD-Mach &Equip 678,600.00 678,600.00 (89,329.00) 589,271.00 216-3201-5239 COPS-PD-SW Subscriptions - - 89,329.00 89,329.00 Total 678,600.00 678,600.00 - 678,600.00
REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - - -
Fiscal Impact -
REASON/JUSTIFICATION (Please be specific)
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:
Description of Expense:
El Other- Explain:
AXON DRAFT ONE REPORT WRITING SYSTEM
This request is directly related to:
❑ Purchase Requisition No. Vendor:
El Council Meeting action: 5/27/2025 (Attach copy of minutes) Increase Purchase Order# OR Requisition #
APPROVALS
Dept Head Approval: Date:
Finance Manager: Date:
Funds Available? ❑Yes ❑No
❑Approved ❑ Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:
Finance Division Only:
BA#: 11256083 Help Ticket#: N/A
Journal #: Initial/Date:
Revised:3/2024 Page 2a4c402439 PM
Docusign Envelope ID:6224C0A2-FB8F-48C7-BD92-7030959A08E2 4of UN
t..) ` .yEd CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT ;,,: �
c ,tom
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. a—Signed by:
5/21/2025 I 9:03 AM MST Plitif f. V iscbt,) jr.
\5 PAPRR111 ALUM,'
Date Signature of authorized individual
Axon Enterprise, Inc.
Company/Applicant Name
Robert E. Driscoll , Jr.
(Levine Act definitions on reverse side)
Docusign Envelope ID:6224C0A2-FB8F-48C7-BD92-7030959A08E2
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
����°� °p`q� CITY
� . .__� ... "The City of Gracious Living" DATE: May 27,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDERATION OF AN OMNIBUS ORDINANCE AMENDING VARIOUS SECTIONS OF
THE UPLAND MUNICIPAL CODE
RECOMMENDED ACTION:
It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending various sections of the Upland Municipal Code as specified.
GOAL STATEMENT
The proposed action supports the City's goal of ensuring that the Upland Municipal Code is consistent with State Law and complements current City practices,regulations,and policies.
BACKGROUND
The Upland Municipal Code requires periodic updates to ensure consistency with City policies and State Law, to improve clarity,and to better serve the public. An omnibus ordinance is the packaging of a collection of amendments relatively small in scale and having a limited scope of impact,into one"omnibus"ordinance. The City Clerk's office coordinates this process for all departments annually.
ISSUES AND ANALYSIS
Staff has identified several provisions in the Upland Municipal Code(UMC)requiring review and revision. As part of this review process, the City Clerk worked with other departments and the City Attorney to review and consider the proposed changes. The following provides the Council an overview of the proposed changes:
• Amending Section 2.12.010 to remove the section regarding Council approval of the director of finance as that position is appointed by the City Manager.
• Amending Chapter 2.14.020 to add the option for a designee to provide confirmation, notifying filers that their statement was received.
• Amending Chapter 2.48.090 to be consistent with the City's formal bid process. • Amending Section 2.56.060 to update the current gift limit established by the Fair Political Practices Commission.
• Amending Sections 3.32.020,3.32.030,and 3.32.040 changing"director of finance"to"Treasurer." • Amending Section 3.32.050 updating the process for check signatures. • Amending Section 5.04.160 allowing for a business license tax waiver for veterans. • Deletion of Chapter 5.68 Mobilehome Rent Review.
• Amending Section 13.12.050(G)(2)the discount of an individual's water utility bill is a gift of public funds and thereby prohibited.
All proposed revisions are included in a redline attachment for ease of reference.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
The fiscal impact is limited to the publication of the Ordinance summaries and codification of the Ordinance into the Upland Municipal Code.These nominal costs have been included in the existing City Clerk's operating budget.
ALTERNATIVES
Provide alternative direction to staff
CEQA:Not a Project.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING VARIOUS SECTIONS OF
THE UPLAND MUNICIPAL CODE AS SPECIFIED
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the laws of the State or the United States; and
WHEREAS, every year, City Staff conducts an annual review of the Upland Municipal Code in order to ensure that the Upland Municipal Code remains consistent with current law, City policies, and practices; and
WHEREAS, City staff and the City Attorney have reviewed the Upland Municipal Code and have determined that certain updates to the Upland Municipal Code should be implemented; and
WHEREAS, the proposed revisions are detailed in the Staff Report and indicated in the redline document provided to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. Amendment of Section 2.12.010. Section 2.12.010 of Chapter
2.12 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"2.12.010 Finance director—Creating, duties.
The office of director of finance of this city is established. The director of finance shall be appointed by the city manager and shall execute and deposit with the city of Upland a fidelity bond in the penal sum of $25,000.00, and shall exercise all of the powers and be subject to all the duties granted to and imposed upon the city clerk by the provisions of Article 1, Chapter 4, Part 2, Division 3 of Title IV of the Government Code, and Sections 40802, 40803, 40804 and 40805 of said Government code.
(Prior code § 2340.1)"
Section 3. Amendment of Section 2.14.020. Section 2.14.020 of Chapter
2.14 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"2.14.020 Procedures for utilizing online filing.
A. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 2.14.010(A) or California Government Code
Section 84615(a).
B. Any elected officer, candidate, or committee who has electronically filed a statement using the city clerk's online system is not required to file a copy of that document in paper format with the city clerk.
C. The city clerk or designee shall issue an electronic confirmation that notifies the filer that the statement was received, the notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the city clerk. The date of filing for a statement filed online shall be the day that it is received by the city clerk.
D. If the city clerk's system is not capable of accepting a statement due to technical difficulties, an elected officer, candidate, or committee shall file that statement in paper format with the city clerk.
E. The online filing system shall enable electronic filers to complete and submit filings free of charge.
F. The city clerk is authorized to adopt such additional administrative policies and procedures as deemed necessary to implement, and not otherwise in conflict with, this chapter.
(Ord. 1950 § 3, 2021)"
Section 4. Amendment of Section 2.48.090. Section 2.48.090 of Chapter
2.48 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"2.48.090. Formal bid procedure.
Except as otherwise provided in this chapter, purchases of supplies, equipment or services of an estimated value greater than the amount established by resolution shall be by written contract with the lowest or highest, as the case may be, responsible bidder pursuant to the procedure prescribed in this section.
A. Notice Inviting Bids. Notices inviting bids shall include a general description of the article(s) to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
1. Posted notices. Notices inviting bids shall be posted at least ten days before the date of the bid opening on the city's website. Notices inviting bids, requests for proposals, or requests for qualifications for professional services may be posted, as available, during the solicitation process, if applicable.
B. Bidder's Security. When deemed necessary by the purchasing official, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within 10 days after the notice of award of the contract has been
mailed unless, in the latter event, the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest responsible bidder, the amount of the lowest bidder's security differential shall be applied by the city to the contract price differential between the lowest and second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects the remaining bids presented and re- advertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.
C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing official and shall be identified as "bid" on the envelope. Alternatively, bids and proposal submissions may be submitted electronically through the electronic bidding system that the city utilizes, unless the purchasing official determines otherwise. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
D. Rejection of Bids. In its discretion, the city council may reject any and all bids presented, re-advertise for bids or authorize the purchasing official to award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any or all bids is expressly reserved to the city.
The decision of the city council shall be final.
E. Award of Contracts. Except as otherwise stated in this section, contracts shall be awarded to the lowest responsible bidder. Contracts which involve public works exceeding the bid limits or are formally bid shall be awarded by the city council.
F. Tie Bids. If two or more bids received are for the same total or unit price, quality and service being equal, the city council may, at its discretion, accept the one it chooses or accept the lowest bid made by negotiation with the tied bidders.
G. Performance Bonds. The city council shall have authority to require a performance bond before entering into a contract in such amount as it shall find reasonably necessary to protect the best interest of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids and the form of the bond shall be as determined by the city attorney.
H. Waiver of Defects. The city council shall have the right to waive any irregularities or informalities in the bidding or in the procedures as set forth in this chapter. No irregularity or informality shall void any contract. (Prior code § 2810)"
Section 5. Amendment of Section 2.56.060. Section 2.56.060 of Chapter
2.56 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"2.56.060 Conflict of interest.
Pursuant to the regulations of the Fair Political Practices Commission and the California Government Code and the cases arising thereunder no party shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which would interfere with the proper discharge of their official duties in the public interest or would tend to impair their independence of judgment or action in the performance of official duties.
Personal, as distinguished from financial interest, includes an interest arising from blood marriage relationships or close business or political association.
Specific examples of conflicts of interest are enumerated below for the guidance of the parties:
A. Outside Employment. Subject to the city's personnel rules or adopted agreement no party shall engage in, or accept, private employment or render services for private interest when such employment or service is incompatible with the proper discharge of their official duties or would tend to impair their independence of judgment or action in the performance of their official duties.
B. Disclosure of Confidential Information. No party shall, without proper prior legal authorization, disclose confidential information concerning the property, government, or affairs of the city, including those arising from closed sessions. No party shall use confidential information to advance the financial or other private interest of themselves or third parties.
C. Gifts and Favors. Pursuant to the regulations of the Fair Political Practices Commission and the California Government Code and the cases arising thereunder no party shall accept any services or gift with a value in excess of $630.00, as adjusted by the state of California from time to time, whether in the form of service, loan, thing, or promise from any person, firm, or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee: (1) accept any gift or favor that will tend to influence them in the discharge of duties; or (2) grant, in the discharge of duties, any improper favor, service, or thing of value. The city may allow the use of a gift by all the employees at the work site, at the discretion of the department head.
D. Representing Private Interest Before City Agencies or Courts.
Consistent with state law and the regulations of the Fair Political Practices Commission no party shall appear on behalf of private interest before any agency of the city. No party shall represent a private interest in any action or proceeding directly against the interest of the city in any litigation to which the city is a party except as expressly permitted by law.
E. Contracts with the City. In the event a prohibition arising under Government Code Sections 1090 through 1091.5 is not applicable any party
who has a substantial or controlling financial interest in any business entity, transaction, or contract with the city, or in the sale of real estate, materials, supplies, or service to the city, shall make known to the proper authority such interest in any matter on which they may be called to act in their official capacity. They shall refrain from voting upon or otherwise participating in the transaction or the making of such contract or sale.
F. Disclosure of Interest in Legislation and Policy Discussions.
1. Consistent with state law and regulation a councilmember or mayor who has a financial or other private interest in any legislation shall disclose, on the record of this council or other appropriate author, the nature and extent of such interest and participate unless it is necessary or desirable to recuse themselves from the matter.
2. Any other party who has a financial or other private interest, and who participates in discussion with, or gives an official opinion to the council, shall disclose on the records of the council or other appropriate authority the nature and extent of such interest.
G. Statement of Economic Interest. Pursuant to law and city policy, the designated employees of the city of Upland shall:
1. File a Form 700 as required by law;
2. Other employees, designated by the city's conflict of interest code, shall file a form 700.
H. Political Campaign Contributors. Any party receiving campaign donations in an amount that exceeds the value of $1,000.00 whether by cash, loan, thing, or in-kind, from any person, firm, corporation or associated/related group with known ties to issues before a voting body of the city, shall not vote upon or otherwise participating in the discussion of said issue before the voting body for a period of one year from the date of the donation. (Ord. 1859 §1, 2011)"
Section 6. Amendment of Sections 3.32.020, 3.32.030, 3.32.040, and
3.32.050. Sections 3.32.020, 3.32.030, 3.32.040, and 3.32.050 of Chapter 3.32 of Title 3 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"3.32.020. Facsimile signatures-Warrants.
All warrants drawn upon the treasurer of the city may be signed by the facsimile signatures of the mayor and city treasurer in accordance with the laws of the state.
(Prior code § 2700.2)
3.32.030. Facsimile signatures-Payroll checks.
All payroll checks drawn upon the treasurer of the city may be signed by the facsimile signature of the city treasurer in accordance with the laws of the state.
(Prior code § 2700.3)
3.32.040. Facsimile signatures-Certifying with state.
The mayor and city treasurer of the city shall submit a certified manual signature with the Secretary of State as required by the laws of the state. (Prior code § 2700.4)
3.32.050. Operation of check signer.
The director of finance shall designate an employee to maintain possession of the signature-control key who is not authorized to print checks; and designate employees to print the checks on the check signing machine who must sign out the signature-control key.
(Prior code § 2700.5)"
Section 7. Amendment of Section 5.04.160 of Chapter 5.04 of Title 5 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"5.04.160. Veterans.
Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any business tax provided for in this title upon the ground that he or she is an honorably discharged or released member of any branch of the United States military, shall not be charged the business license application fee, and is not required to pay the business license tax. The honorably discharged veteran shall be issued a free tax certificate, if the following conditions are met:
A. The "ownership type" for the business must be "Sole Proprietor" (LLC's and all other ownership types do not qualify).
B. The gross receipts (annual earned income from the business) must not exceed $100,000.
C. The license type for the business must be listed as wholesale, retail, or manufacturer.
(Prior code § 6310.4)"
Section 8. Removal of Chapter 5.68. Chapter 5.68, Mobilehome Rent Review, of Title 5 of the Upland Municipal Code is hereby deleted in its entirety.
Section 9. Amendment of Section 13.12.050. Section 13.12.050 of Chapter
13.12 of Title 13 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"13.12.050. Water rates.
A. Water for Supplying Consumers. Water shall be measured through meters installed by the water division at the expense of the consumer, and rates
shall be set from time to time by resolution approved by the members of the city council.
B. Standby Service. Charges shall be set from time to time by resolution approved by the members of the city council.
C. Prorating of Charges for Water. There shall be a prorating of commodity charges for water on all opening and closing bills, and the full bimonthly standby service charge shall apply to service rendered and water supplied during any billing period or portion thereof.
D. No Rebate Until Notified. No allowance or rebate shall be made in the water rate charged against any premises so long as the water remains connected therewith, and the full rate shall be charged against any and all property or premises as herein specified until the finance division has been notified by the owner or consumer to shut off the water therefrom.
E. Vacant Dwellings. In case a premises becomes vacant, the regular minimum rates shall be charged and no refund or discount shall be made until the finance division has been notified by the owner or consumer to shut off the water.
F. Outside City Limits. For water furnished to any consumer outside the city limits rates shall be set by resolution approved by the members of the city council from time to time. The council may, however, provide by written agreement with any city, county, or other governmental agency the rate to be charged and said rates shall be as set forth in the said resolution.
Consumers outside the city limits receiving the city water are subject to all rules and regulations as set by this division to obtain water service.
G. Current Water Charges.
1. For the supplying of customers, water shall be measured through meters installed by the water division at the expense of the consumer and the rates shall be set from time to time by resolution approved by the members of the city council.
H. Units-Served Charge. For multiple services from a single meter there shall be an added monthly charge for each additional unit served over one. For purposes of administration, an added unit shall be: (1) each residential dwelling comprising duplexes, triplexes, apartment buildings and separate houses; (2) each separate occupancy comprising professional centers, commercial centers, industrial parks, or combinations thereof; (3) each unit space in a mobile home park or trailer park. The units-served charge shall be in addition to the standby service charge based on the meters size for the first unit, plus an additional charge per month for each additional unit served. The units-served charge shall be set from time to time by resolution approved by the members of the city council.
I. Temporary Water Meters. For water to be used on construction of buildings, the same rate is established as set forth in subsection G of this
Ordinance No.
section, provided that an application must be made for such water to the water division which shall have installed a meter through which water must be used and measured. The installation of such a meter shall be paid for by the applicant before any water shall be turned on. The cost of the installation shall be set from time to time by resolution approved by a majority vote of the members of the city council. Temporary meters shall be installed for a period of time not to exceed 120 days. (Ord. 1983, 11/27/2023)"
Section 10. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 11. 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.
Section 12. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 13. 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.
PASSED, APPROVED, AND ADOPTED this day of
2025.
Bill Velto, Mayor
Ordinance No.
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 day of , 2025, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
City of Upland,CA
§2.12.010. Finance director—Creating, duties.
The office of director of finance of this city is established. The director of finance shall be appointed by the city manager with the approval of the council, and shall execute and deposit with the city of Upland a fidelity bond in the penal sum of$25,000.00, and shall exercise all of the powers and be subject to all the duties granted to and imposed upon the city clerk by the provisions of Article 1,Chapter 4,Part 2,Division 3 of Title IV of the Government Code,and Sections 40802, 40803, 40804 and 40805 of said Government code.
(Prior code § 2340.1)
§2.14.020. Procedures for utilizing online filing.
A. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 2.14.010(A) or California Government Code Section 84615(a).
B. Any elected officer, candidate, or committee who has electronically filed a statement using the city clerk's online system is not required to file a copy of that document in paper format with the city clerk.
C. The city clerk or designee(s)shall issue an electronic confirmation that notifies the filer that the statement was received, the notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the city clerk. The date of filing for a statement filed online shall be the day that it is received by the city clerk.
D. If the city clerk's system is not capable of accepting a statement due to technical difficulties, an elected officer, candidate, or committee shall file that statement in paper format with the city clerk.
E. The online filing system shall enable electronic filers to complete and submit filings free of charge.
F. The city clerk is authorized to adopt such additional administrative policies and procedures as deemed necessary to implement, and not otherwise in conflict with, this chapter. (Ord. 1950 § 3, 2021)
§ 2.48.090. Formal bid procedure.
Except as otherwise provided in this chapter, purchases of supplies, equipment or services of an estimated value greater than the amount established by resolution shall be by written contract with the lowest or highest, as the case may be,responsible bidder pursuant to the procedure prescribed in this section.
A. Notice Inviting Bids.Notices inviting bids shall include a general description of the article(s) to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
1. Published Notices. Notices inviting bids shall be published at least 10 days before the date of the opening of the bids. Notices shall be published at least once in a newspaper of general circulation,printed and published in the city,or if there is none, shall be posted in at least three places in the city that have been designated by ordinance as the place for posting public noticesPosted notices.Notices inviting bids shall be published at least ten days before the date of the bid opening on the city's website. Notices inviting bids, Downloaded from https://ecode360.com/UP5026 on 2025-03-27
City of Upland,CA
requests for proposals, or requests for qualifications for professional services may be posted, as available, during the solicitation process, if applicable.
2. Bidder's List. The purchasing official shall also solicit bids from responsible prospective suppliers whose names are on the bidder's list or who have made a written request that their names be added to the bidder's list.
B. Bidder's Security. When deemed necessary by the purchasing official, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security;provided,however,that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within 10 days after the notice of award of the contract has been mailed unless, in the latter event,the city is solely responsible for the delay in executing the contract. The city council may,on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest responsible bidder, the amount of the lowest bidder's security differential shall be applied by the city to the contract price differential between the lowest and second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects the remaining bids presented and re-advertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.
C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing official and shall be identified as "bid" on the envelope. Bids shall be opened in public at the time and place stated in the public notice.A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
D. Rejection of Bids. In its discretion, the city council may reject any and all bids presented, re- advertise for bids or authorize the purchasing official to award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any or all bids is expressly reserved to the city. The decision of the city council shall be final.
E. Award of Contracts. Except as otherwise stated in this section, contracts shall be awarded to the lowest responsible bidder. Contracts which involve public works exceeding the bid limits or are formally bid shall be awarded by the city council.
F. Tie Bids. If two or more bids received are for the same total or unit price, quality and service being equal, the city council may, at its discretion, accept the one it chooses or accept the lowest bid made by negotiation with the tied bidders.
G. Performance Bonds. The city council shall have authority to require a performance bond before entering into a contract in such amount as it shall find reasonably necessary to protect the best interest of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids and the form of the bond shall be as determined by the city attorney.
H. Waiver of Defects. The city council shall have the right to waive any irregularities or informalities in the bidding or in the procedures as set forth in this chapter.No irregularity or informality shall void any contract.
(Prior code § 2810)
§ 2.56.060. Conflict of interest.
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City of Upland,CA
Pursuant to the regulations of the Fair Political Practices Commission and the California Government Code and the cases arising thereunder no party shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which would interfere with the proper discharge of their official duties in the public interest or would tend to impair their independence of judgment or action in the performance of official duties. Personal, as distinguished from financial interest,includes an interest arising from blood marriage relationships or close business or political association. Specific examples of conflicts of interest are enumerated below for the guidance of the parties:
A. Outside Employment. Subject to the city's personnel rules or adopted agreement no party shall engage in, or accept, private employment or render services for private interest when such employment or service is incompatible with the proper discharge of their official duties or would tend to impair their independence of judgment or action in the performance of their official duties.
B. Disclosure of Confidential Information. No party shall, without proper prior legal authorization, disclose confidential information concerning the property, government, or affairs of the city,including those arising from closed sessions.No party shall use confidential information to advance the financial or other private interest of themselves or third parties.
C. Gifts and Favors. Pursuant to the regulations of the Fair Political Practices Commission and the California Government Code and the cases arising thereunder no party shall accept any services or gift with a value in excess of$1120630.00, as adjusted by the state of California from time to time, whether in the form of service, loan, thing, or promise from any person, firm,or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee: (1) accept any gift or favor that will tend to influence them in the discharge of duties; or(2)grant, in the discharge of duties, any improper favor, service, or thing of value. The city may allow the use of a gift by all the employees at the work site,at the discretion of the department head.
D. Representing Private Interest Before City Agencies or Courts. Consistent with state law and the regulations of the Fair Political Practices Commission no party shall appear on behalf of private interest before any agency of the city.No party shall represent a private interest in any action or proceeding directly against the interest of the city in any litigation to which the city is a party except as expressly permitted by law.
E. Contracts with the City. In the event a prohibition arising under Government Code Sections 1090 through 1091.5 is not applicable any party who has a substantial or controlling financial interest in any business entity, transaction, or contract with the city, or in the sale of real estate, materials, supplies, or service to the city, shall make known to the proper authority such interest in any matter on which they may be called to act in their official capacity. They shall refrain from voting upon or otherwise participating in the transaction or the making of such contract or sale.
F. Disclosure of Interest in Legislation and Policy Discussions.
1. Consistent with state law and regulation a councilmember or mayor who has a financial or other private interest in any legislation shall disclose, on the record of this council or other appropriate author, the nature and extent of such interest and participate unless it is necessary or desirable to recuse themselves from the matter.
2. Any other party who has a financial or other private interest, and who participates in discussion with, or gives an official opinion to the council, shall disclose on the records Downloaded from https://ecode360.com/UP5026 on 2025-03-27
City of Upland,CA
of the council or other appropriate authority the nature and extent of such interest.
G. Statement of Economic Interest. Pursuant to law and city policy, the designated employees of the city of Upland shall:
1. File a Form 700 as required by law;
2. Other employees, designated by the city's conflict of interest code, shall file a form 700.
H. Political Campaign Contributors. Any party receiving campaign donations in an amount that exceeds the value of$1,000.00 whether by cash, loan, thing, or in-kind, from any person, firm, corporation or associated/related group with known ties to issues before a voting body of the city, shall not vote upon or otherwise participating in the discussion of said issue before the voting body for a period of one year from the date of the donation. (Ord. 1859 §1, 2011)
§3.32.020. Facsimile signatures—Warrants.
All warrants drawn upon the treasurer of the city may be signed by the facsimile signatures of the mayor and director of financecity treasurer in accordance with the laws of the state. (Prior code § 2700.2)
§3.32.030. Facsimile signatures—Payroll checks.
All payroll checks drawn upon the treasurer of the city may be signed by the facsimile signature of the director of financecity treasurer in accordance with the laws of the state. (Prior code § 2700.3)
§3.32.040. Facsimile signatures—Certifying with state.
The mayor and director of financecity treasurer of the city shall submit a certified manual signature with the Secretary of State as required by the laws of the state. (Prior code § 2700.4)
§ 3.32.050. Operation of check signer.
than those employees who create the original documents for payroll checks or warrants. The two employees designated by the director of finance to operate the machine shall have one key in their possession; one employee shall operate the machine and the other shall maintain the signature control register The director of finance shall designate an employee to maintain possession of the signature- control key who is not authorized to print checks; and designate employees to print the checks on the check signing machine who must sign out the signature-control key. (Prior code § 2700.5)
§ 5.04.160. Veterans.
Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license business tax provided for in this title upon the ground that he or she is an honorably discharged or released member of the armed forces of the United States who is physically unable to obtain a or hereafter to be provided by Section 1366 of the Political Code or other law of this stateany branch Downloaded from https://ecode360.com/UP5026 on 2025-03-27
City of Upland,CA
of the United States military, shall, prior to being issued a free license, and in addition to any other information required by this title, also file with the license official a certificate of a regularly licensed and practicing physician dated within a month of the application, to the effect that the applicant is not
be charged the business license application fee, and is not required to pay the business license tax.
The honorably discharged veteran shall be issued a free tax certificate, if the following conditions are met:
A. The "ownership type" for the business must be "Sole Proprietor" (LLC's and all other ownership types do not qualify).
B. The gross receipts (annual earned income from the business) must not exceed $100,000.
C. The license type for the business must be listed as wholesale, retail, or manufacturer.,- (Prior code § 6310.4)
§ Chapter 5.68 MOBILEHOME RENT REVIEW
Chapter deleted in its entirety.
§ 13.12.050. Water rates.
A. Water for Supplying Consumers. Water shall be measured through meters installed by the water division at the expense of the consumer, and rates shall be set from time to time by resolution approved by the members of the city council.
B. Standby Service. Charges shall be set from time to time by resolution approved by the members of the city council.
C. Prorating of Charges for Water. There shall be a prorating of commodity charges for water on all opening and closing bills, and the full bimonthly standby service charge shall apply to service rendered and water supplied during any billing period or portion thereof.
D. No Rebate Until Notified. No allowance or rebate shall be made in the water rate charged against any premises so long as the water remains connected therewith, and the full rate shall be charged against any and all property or premises as herein specified until the finance division has been notified by the owner or consumer to shut off the water therefrom.
E. Vacant Dwellings. In case a premises becomes vacant, the regular minimum rates shall be charged and no refund or discount shall be made until the finance division has been notified by the owner or consumer to shut off the water.
F. Outside City Limits. For water furnished to any consumer outside the city limits rates shall be set by resolution approved by the members of the city council from time to time. The council may, however, provide by written agreement with any city, county, or other governmental agency the rate to be charged and said rates shall be as set forth in the said resolution. Consumers outside the city limits receiving the city water are subject to all rules and regulations as set by this division to obtain water service.
G. Current Water Charges.
1. For the supplying of customers,water shall be measured through meters installed by the water division at the expense of the consumer and the rates shall be set from time to time by resolution approved by the members of the city council.
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