Upland City Council
August 11, 2025

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"The City of Gracious Living"
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" MEETING OF THE CITY COUNCIL
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Bill Velto,Mayor
Rudy Zuniga, Mayor Pro Tern-District 4 Michael Blay,City Manager James Breitling,Councilmember-District 2 Stephen P. Deitsch, City Attorney Carlos A. Garcia,Councilmember -District 3 Keri Johnson, City Clerk Shannan Maust, Councilmember-District 1
Monday, August 11, 2025
Open session begins at 6:00 p.m.

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

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

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

Pages

1. CALL TO ORDER AND ROLL CALL

2. ADDITIONS-DELETIONS TO AGENDA

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

CLOSED SESSION BEGINS AT 4:30 p.m.

4. CLOSED SESSION
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 285 N. Vallejo Way in the City of Upland (Assessor Parcel Number:
1046-351-27)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Housing Manager Diane Cotto
Negotiating Party: First Team Real Estate

Under Negotiation: Price and terms of payment
b. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957
Title: City Attorney

5. INVOCATION
Rabbi Stephen Epstein, Temple Sholom

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Healthcare Development and Legislation Updates presented by President and CEO of San Antonio Regional Hospital, John Chapman

8. CITY ATTORNEY

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

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

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

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

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

Recommended Action:

Approve the Consent Calendar

a. APPROVAL OF MINUTES 7
Recommended Action:

Approve the Regular Meeting Minutes of July 28, 2025. (Staff Person: Keri Johnson)
b. 2ND READING AND ADOPTION OF ORDINANCE NO. 1999 AMENDING 16 CHAPTER 5.04 OF THE UPLAND MUNICIPAL CODE REGARDING BUSINESS

LICENSES FOR VETERANS
CEQA: Not a project.

Recommended Action:

Hold 2nd reading by title only, waive further reading, and adopt Ordinance No. 1999 amending Chapter 5.04, Section 5.04.160 of the Upland Municipal Code regarding Business Licenses for Veterans. (Staff Person: Stephen Parker) c. DESIGNATION OF VOTING DELEGATE FOR THE ANNUAL LEAGUE OF 20

CALIFORNIA CITIES CONFERENCE
CEQA: Not a Project.

Recommended Action:

Appoint Mayor Velto as the voting delegate and Councilmembers Zuniga and Breitling respectively as the alternate voting delegates to represent the City of Upland at the League of California Cities General Assembly Meeting on October 10, 2025. (Staff Person: Keri Johnson)
d. CONSIDER APPROVAL OF AN AGREEMENT FOR CROSSING GUARD 25

SERVICES
CEQA: Not a Project.

Recommended Action:

Approve the agreement with All City Management Services, Inc. for crossing guard services in the amount of$216,988.20 for the 2025/26 school year and the associated budget amendment; and authorize the City Manager to execute the agreement. (Staff Person: Marcelo Blanco)
e. CONSIDER ADOPTING RESOLUTIONS APPROVING THE MEASURE I FIVE 35

YEAR CAPITAL IMPROVEMENT PLAN AND CAPITAL PROJECT NEEDS

ANALYSIS
CEQA: Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction).

Recommended Action:

Approve a Resolution adopting the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2025-26 through Fiscal Year 2029-30 and approve a Resolution adopting the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2026-27 through Fiscal Year 2030-31. (Staff Person: Damien Arrula) f. CONSIDER APPROVAL OF REVISED FUNDING ALLOCATIONS FOR THE 47

FOOTHILL BOULEVARD PAVEMENT REHABILITATION AND UTILITY

IMPROVEMENTS PROJECT

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The City filed the Notice of Exemption with the County of San Bernardino on March 4, 2025.

Recommended Action:

Approve an increase of$451,505.40 in American Rescue Plan Act (ARPA) funds for the Foothill Boulevard Improvement Project and approve a decrease of $451,505.40 in Road Maintenance Rehabilitation Account (RMRA) funds for the Foothill Boulevard Improvement Project. (Staff Person: Damien Arrula) g. CONSIDER APPROVAL OF FIRST AMENDMENT TO THE BRIGHTVIEW 49

LANDSCAPE SERVICES AGREEMENT
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

Recommended Action:

Approve a First Amendment to the Brightview Landscape Maintenance Services Agreement to extend the contract for one year, through June 30, 2026 and authorize the City Manager to execute the agreement. (Staff Person: Damien Arrula)
h. CONSIDER APPROVAL OF A JOINT FACILITIES USE AGREEMENT WITH 82

WESTERN CHRISTIAN HIGH SCHOOL
CEQA: Not a Project.

Recommended Action:

Approve the Joint Use Agreement between the City of Upland and Western Christian High School and authorize the City Manager to execute the agreement. (Staff Person: Damien Arrula)
i. CONSIDER ACCEPTANCE AND EXPENDITURE OF 2024 JUSTICE 93

ASSISTANCE GRANT FUNDS
CEQA: Not a Project.

Recommended Action:

Accept the City's share of the 2024 Justice Assistance Grant (JAG) award in the amount of $20,960, appropriate the grant funds to Fund 219, approve the purchase of one (1) DPM Tactical Surveillance Pole Camera and accessories from Valorence, LLC at a cost of $20,230.06, and authorize the City Manager to execute any and all documents necessary to implement the grant. (Staff Person:

Marcelo Blanco)

11. PUBLIC HEARINGS
a. CONSIDER APPROVAL OF 2025 WEED ABATEMENT PROGRAM SPECIAL 108

ASSESSMENT LIST AND PLACING THE LIST ON THE PROPERTY TAX ROLL CEQA: Not a Project.

Recommended Action:

The City Council will conduct a public hearing to consider approving the 2025 Weed Abatement Program Special Assessment List and authorizing staff to submit the list to the San Bernardino County Tax Assessor's Office for placement

of special assessments on the property tax roll. (Staff Person: Robert Dalquest)

1. Staff Presentation

2. Hold Public Hearing

3. Close Public Hearing

4. Approve the 2025 Weed Abatement Program Special Assessment List and authorize staff to submit the list to the San Bernardino County Tax Assessor's Office for placement of special assessments on the property tax roll.

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

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

13. BUSINESS ITEMS
a. CONSIDERATION OF AN ORDINANCE AND RESOLUTIONS RELATED TO 114

ADOPTING THE CALIFORNIA UNIFORM CONSTRUCTION COST

ACCOUNTING ACT PROCEDURES
CEQA: Not a Project.

Recommended Action:

Hold a first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 2.48 of the Upland Municipal Code adding Section

2.48.180 to provide informal bidding procedures under the Uniform Public Construction Cost Accounting Act (Section 22000, et seq., of the Public Contract Code); adopt a Resolution delegating authority to the City Manager to award informal public contracts in an amount of $220,000 or less and delegating the authority to negotiate contracts, award purchase orders or perform work by employees by force account on public projects in an amount of $75,000 or less; and adopt a Resolution authorizing the City to become subject to the California Uniform Public Construction Cost Accounting Procedures. (Staff Person: Stephen Parker)
b. CONSIDER AWARD OF SOLE SOURCE CONTRACT FOR PROJECT NO. 143 92140 SCADA SYSTEM UPGRADE PHASE 1
CEQA: Not a Project.

Recommended Action:

Award a construction contract to SOFFA Electric in the amount of $1,629,625 (Base Amount plus Additional Items) and approve a construction contingency of $270,375 for the total amount of$1,900,000. (Staff Person: Damien Arrula)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, September 8, 2025.

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

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

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

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II].

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

On August 6, 2025 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL July 28, 2025
6:00 p.m.

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

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

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 5:00 p.m.

4. CLOSED SESSION
At 5:02 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Vacant land located on the north side of Arrow Route, approximately 645 feet west of Benson Avenue in the City of Upland (Assessor Parcel Numbers: 1007-271-45 & 1007-271-47)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Economic Development Coordinator Melecio Picazo Negotiating Party: James Dolback, Azure Seafood
Under Negotiation: Price and terms of payment
The City Council reconvened in open session at 6:01 p.m.

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

6. PLEDGE OF ALLEGIANCE
Led by Terri Galdo, Upland Chamber

7. PRESENTATIONS
Presentation of a Good Conduct Medal to Master Sergeant Michael Resendez by Congresswoman Norma Torres.

Proclamation Recognizing Jackie Crandell upon her Retirement with 20 years of Service to the City.

Recognition of Light Up the Night Sponsors.

8. CITY ATTORNEY
Assistant City Attorney Rice announced the City Council received a report on Closed Session Item 4a and gave direction to city negotiators. There was no reportable action during Closed Session.

9. ORAL COMMUNICATIONS
Peter Attwood, Upland, spoke regarding the process for reporting child abuse.

10. CONSENT CALENDAR
Assistant City Attorney Rice provided an oral report on item 10h reporting out on the salary for the Development Services Director position.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of June 23, 2025.
b. CONSIDER RATIFYING APPOINTMENTS TO THE BUILDING APPEALS BOARD
Ratify the appointment of Mark Bertone, term ending in December 2028 and Rob Clark, term ending in December 2026 to the Building Appeals Board. c. CONSIDER ADOPTING A RESOLUTION AMENDING THE POLICIES AND

PROCEDURES RELATIVE TO CITY COMMITTEES APPOINTED TO ADVISE

THE CITY COUNCIL
Adopt Resolution No. 6840 to dissolve the Economic Development Committee and change the Finance Committee meeting schedule.
d. CONSIDER APPROVAL OF JUNE WARRANT AND PAYROLL REGISTERS Approve the June warrant registers totaling $14,906,179.23 (check numbers 53174 — 53517 and direct disbursements) and payroll registers totaling 2

$2,157,987.65 (check numbers 164194 — 164353 and electronic fund transfers 55679 — 55978).
e. TREASURER'S REPORT JUNE 2025
Receive and file the June 2025 Treasurer's Report.
f. CONSIDER APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT

WITH WILLDAN FINANCIAL SERVICES FOR FINANCIAL SERVICES

RELATED TO DEBT ISSUANCES
Approve the First Amendment to the Agreement with Willdan Financial Services for financial services related to debt issuances in an amount not-to-exceed $68,000 annually; and authorize the City Manager to execute the First Amendment.
g. CONSIDER ADOPTING A RESOLUTION TO LEVY AND COLLECT SPECIAL TAXES
Adopt Resolution No. 6841 authorizing the levy of special taxes in: Community Facilities District 2003-1 (Upland 54); Community Facilities District 2003-2 (The Colonies at San Antonio) - Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District 2015-1 (Sycamore Hills) Improvement Area No. 1 and Improvement Area No.2; Community Facilities District 2016-1 (Harvest at Upland) Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District No. 2022-1 (Enclave at Upland); Community Facilities District 2016-2 (Harvest Maintenance); and Community Facilities District 2017-1 (Sycamore Hills Maintenance Services) for Fiscal Year 2025-26. h. CONSIDER APPROVAL OF A MODIFICATION TO THE EXECUTIVE

COMPENSATION PLAN TO ADD DEPUTY DIRECTOR CLASSIFICATIONS

AND UPDATE THE EXECUTIVE SALARY SCHEDULE
Approve a modification to the Executive Compensation Plan to add Deputy Director classifications and update the Development Services Director Range on the Executive Salary Schedule.

CONSIDER ADOPTING SIDE LETTER BETWEEN CITY AND UPLAND MID-

MANAGEMENT EMPLOYEE ASSOCIATION FOR REVISIONS TO

OVERTIME/COMPENSATORY TIME
Approve and adopt the Side Letter between the City and the Upland Mid- Management Employee Association to revise the Overtime/Compensatory Time article of the 2023-2027 Memorandum of Understanding.
j. CONSIDER ADOPTING A SIDE LETTER TO CORRECT THE UPLAND POLICE MANAGEMENT ASSOCIATION 2022-2023 MOU LANGUAGE PER CALPERS

REVIEW FINDINGS
Approve and adopt the side letter to correct language in the 2022-2023 Upland Police Management Association Memorandum of Understanding and authorize the City Manager to execute the side letter.
k. CONSIDER APPROVAL OF A PURCHASE ORDER WITH LOWE'S HOME IMPROVEMENT FOR FISCAL YEAR 2025-26
3

Approve a blanket purchase order for Lowe's Home Improvement in the amount of$88,500 for Fiscal Year 2025-26.

CONSIDER APPROVAL OF AN AGREEMENT WITH CLS LANDSCAPE

MANAGEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR WATER

UTILITY FACILITIES
Approve a Maintenance Services Agreement with CLS Landscape Management for landscaping maintenance of City of Upland water utility facilities; and authorize the City Manager to execute the agreement.
m. CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE AGREEMENT FOR

IN-SEWER-MANHOLE ROACH EXTERMINATION SERVICES WITH GOLDEN BELL PRODUCTS, INC.

Approve the First Amendment to the Maintenance Services Agreement with Golden Bell Products, Inc. and authorize the City Manager to execute the Amendment.
n. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE
LEXINGTON, 1ST AVENUE, AND 2ND AVENUE PAVEMENT REHABILITATION

PROJECT
Approve the work, authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Lexington Street, 1st Avenue and 2nd Avenue, Pavement Rehabilitation Project. o. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE

DOWNTOWN PUBLIC PARKING IMPROVEMENTS PROJECT, SOUTH SIDE OF `A' STREET, 450' EAST OF THIRD AVENUE, PROJECT NO. 16127 Approve the work, authorize the City Manager or designee to record the notice of completion; and reduce the faithful performance bond to 10% for Project No. 16127, Downtown Public Parking Improvements, South Side of `A' Street, 450' East of Third Avenue.
p. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE ARPA

ALLEY REHABILITATION PHASE II PROJECT
Approve the work, authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the ARPA Alley Rehabilitation Phase II Project.
q. CONSIDER APPROVAL OF PURCHASE FOR A HYDRAULIC SKID AND VALVE

TRUCK SKID EQUIPMENT
Authorize the purchase of a skid from Wachs Utility Products in the amount of $98,348.71 and a custom service body from Specialty Equipment Company in the amount of $34,200 for the completion of the Water Distribution Division's valve truck.
r. CONSIDER APPROVING AN AMENDMENT AND CONSOLIDATION OF SHINE ILLUMINATION CONTRACTS (2023 AND 2024)
4

Approve the First Amendment to the 2024 Professional Services Agreement with Shine Illumination consolidating the 2023 contract, and authorize the City Manager to execute the Amendment.
s. CONSIDER APPROVAL OF TRACT MAP 20691 AND SUBDIVISION

AGREEMENT FOR THE CRESTWOOD COMMUNITIES PROJECT ON

WASHINGTON BOULEVARD, WEST OF SIXTH AVENUE
Approve Tract Map 20691 for recordation and authorize the City Manager to sign the subdivision agreement.

11. PUBLIC HEARINGS
a. CONSIDER AUTHORIZING DELINQUENT WATER, SEWER, AND REFUSE

SERVICE CHARGES TO BE COLLECTED ON THE PROPERTY TAX ROLL Assistant City Manager Parker introduced Finance Manager Sullivan who presented the staff report along with a PowerPoint presentation and answered questions from the Council regarding the lien process, and delinquent commercial accounts.

Mayor Velto opened the public hearing.

Patricia DeLau, Upland, spoke regarding financial hardship and stated that she would like to pay her bill, but she is unable to pay it in full.

Lynn Williams, Upland, stated that she rents the property and requested that a lien not be placed on the property; she further requested an extension to pay the balance.

Benita Garcia, Upland, stated that she is unemployed and getting assistance from her family; and requested a payment plan.

Mayor Velto closed the public hearing.

Assistant City Manager Parker answered questions from the Council regarding the payment plan process and the deadline to make payments in order to avoid having liens placed on the tax roll.

Moved by: Councilmember Maust
Seconded by: Councilmember Breitling
Accept the report of delinquent water, sewer, and refuse service charges, and authorize the delinquent charges to be placed on the property tax roll.

Motion: Carried Unanimously
b. CONSIDER AUTHORIZING DELINQUENT REFUSE SERVICE CHARGES TO

BE COLLECTED ON THE PROPERTY TAX ROLL
Assistant City Manager Parker introduced Finance Manager Sullivan who presented the staff report along with a PowerPoint presentation.

Mayor Velto opened the public hearing.
5

Shawna Graves, Upland, stated that her mother passed away two years ago and she has been unable to pay the past due amount; she further requested a payment plan.

Marc Smith, Upland, provided a copy of his utility bill and stated that he was being billed under another person's account.

Mayor Velto closed the public hearing.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Accept the report of delinquent refuse service charges and authorize the delinquent charges to be placed on the property tax roll.

Motion: Carried Unanimously
c. CONSIDER APPROVING THE 2025 WEED ABATEMENT INFRACTION LOG

AND AUTHORIZE ABATEMENT OF THE PUBLIC NUISANCE
Development Services Director Dalquest introduced Housing Manager Cotto who presented the staff report.

Mayor Velto opened the public hearing.

Daniel Baker, Upland, stated that he received one courtesy notice and one notice to comply. He further stated that he does not have weeds on the property, they are California native plants and he received a rebate from the Inland Empire Utility Agency after the installation of the landscape.

Alan Basore, Upland, stated that he never received a notice that he was out of compliance and stated that while there was a time the yard was unkept, the gardener has taken care of the issue.

Javier Lamb, Upland, stated that he received a notice to abate his property, but the tree in question is on his neighbor's property.

Javier Centeno, Upland, stated that he was out of town when the notices were delivered to his residence. He mentioned speaking with the weed abatement coordinator, who advised him to have someone trim the vegetation. He also requested that no fines be issued.

Julia Alarcon, Upland, stated that she received several notices regarding a public nuisance and addressed the issues listed in the notice. She further stated that subsequent notices listed other issues on the property. She requested the Council vacate the administrative fees.

Mary Ann Bischoff, Upland, stated that the home is a family home for generations and she has tried to maintain the property while also caring for her aging father and has even hired professionals to maintain the property.

Rick Sanchez, Upland, stated that he does not go into the alley behind their home and trash is often left there and he has to call Burrtec for large item pick up.
6

Stephen Blackwood, Upland, stated that he was speaking on behalf of his mother and the alley behind the property has cracks in the asphalt and causes weed growth, he further requested the alley be repaved to avoid the issue in the future.

Mayor Velto closed the pubic hearing.

Development Services Director Dalquest answered questions from the Council regarding the speakers who have brought their property into compliance and the notification process.

Moved by: Councilmember Maust
Seconded by: Councilmember Breitling
Approve the Weed Abatement Program Infraction Log and authorize staff to abate the public nuisance.

Motion: Carried Unanimously
d. CONSIDER A RESOLUTION APPROVING THE SALE OF REAL PROPERTY LOCATED ON THE EAST SIDE OF GROVE AVE APPROXIMATELY 490 FEET NORTH OF FOOTHILL BLVD APN: 0207-462-02
Development Services Director Dalquest introduced Economic Development Coordinator Picazo who presented the staff report along with a PowerPoint presentation.

Development Services Director Dalquest answered questions from the Council regarding whether the drive approach could be built without the property in question, the pork chop design to limit left turns only, other entrances to the development and the potential for increased traffic on Grove Avenue.

Mayor Velto opened the public hearing.

Deborah Parsons, Upland, stated that residents do not benefit from this development and that the intersection and Foothill Boulevard and Grove Avenue is a dangerous intersection. She further stated that visibility is limited there and making a left turn out of the development would be dangerous.

Andrew Parsons, Upland, stated that the elevation gain from the intersection to the proposed egress from the development blocks visibility for southbound traffic to see cars exiting the development. He further requested the Council vote against the sale of the property.

Michael Finger, Irvine, stated that he was speaking on behalf of the developer.

Mayor Velto closed the public hearing.

There was discussion regarding traffic on Grove Avenue and traffic hazards at the intersection of Foothill Boulevard and Grove Avenue.

Michael Finger, Fore Property Company, answered questions from the Council regarding the possibility of making the property ingress only and the other entrances and exits from the property.
7

Assistant City Attorney Rice stated that if 4/5 of the Council was in support, the purchase and sale agreement could be revised to make the property an entrance only.

Mayor Velto reopened the public hearing.

Deborah Parsons stated concerns regarding the entrance to the development from the City owned property.

Moved by: Councilmember Breitling
Seconded by: Mayor Velto
Deny approval of a Resolution approving the Purchase and Sale Agreement and Joint Escrow Instructions ("PSA") for the sale of certain City-owned exempt real property to Fore Green Development, LLC, and finding the same categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15312, 15206(b)(4), 15060(c)(2), and 15378(b) Motion: Carried Unanimously

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

CONFERENCE ATTENDANCE
No reports.
b. PUBLIC WORKS COMMITTEE MEETING, JULY 8, 2025
Committee Chairperson Breitling provided a recap of the meeting.

13. BUSINESS ITEMS
a. CONSIDER ADOPTING A RESOLUTION APPROVING THE SEWER SYSTEM

MANAGEMENT PLAN
Assistant City Manager Arrula and Brown and Caldwell Consultants Amy Martin and Ian Jaffe presented the staff report along with a PowerPoint presentation and answered questions from the Council regarding sewer system management and overflow events.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Adopt Resolution No. 6842 approving the Sewer System Management Plan update in accordance with the State Water Resources Control Board General Order No. 2022-0103-DWQ and direct staff to submit the final document to the State by the regulatory deadline of August 2, 2025.

Motion: Carried Unanimously
b. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 5.04, SECTION

5.04.160 OF THE UPLAND MUNICIPAL CODE REGARDING BUSINESS

LICENSES FOR VETERANS
8

Assistant City Manager Parker introduced Finance Manager Sullivan who presented the staff report along with a PowerPoint presentation and answered questions from the Council regarding the proposed ordinance.

Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
Hold a first reading by title only, waive further reading, and introduce Ordinance No. 1999 amending Chapter 5.04, Section 5.04.160 of the Upland Municipal Code regarding Business Licenses for Veterans.

Motion: Carried Unanimously

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

15. CITY MANAGER

16. ADJOURNMENT
At 9:01 p.m., Mayor Velto adjourned in memory of Retired Upland Police Chief Jeff Mendenhall. The next regularly scheduled City Council meeting is Monday, August 11, 2025.

Keri Johnson, City Clerk
9

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DATE. July 28,2025 ate I �Q 4(�
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TO: MAYOR AND CITY COUNCIL it •Tj'0
FROM: MICHAEL BLAY,CITY MANAGER en] /VO" f`N PREPARED BY:STEPHEN PARKER, CPA,ASSISTANT CITY MANAGER 44D

STACI SULLIVAN,FINANCE MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 5.04,SECTION 5.04.160 OF

THE UPLAND MUNICIPAL CODE REGARDING BUSINESS LICENSES FOR VETERANS RECOMMENDED ACTION:

It is recommended that the City Council hold a first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 5.04, Section 5.04.160 of the Upland Municipal Code regarding Business Licenses for Veterans.

GOAL STATEMENT
The proposed action supports the City's goal of ensuring that the Upland Municipal Code("UMC")is consistent with State Law and compliments current City practices,regulations,and policies.

BACKGROUND
The UMC requires periodic updates to ensure consistency with City policies and State Law,to improve clarity,and to better serve the public.

Chapter 5.04 of the UMC was originally adopted in 1960 and has had limited changes since then,with the most recent update through the City's UMC Omnibus clean-up ordinance in 2023.

ISSUES AND ANALYSIS
Staff received a request from Councilmember Maust to review the City's Business License Ordinance related to veterans to determine if Upland is providing similar benefits as to what neighboring cities are to support those who have served our nation.

Staff conducted a survey of surrounding cities and determined that not only were other municipal agencies providing a free business license tax certificate to disabled veterans as Upland does,but they also waived certain business taxes for non-disabled veterans. To support and encourage veteran-owned businesses, staff recommend that the UMC be amended to provide the following exemptions for non-disabled veterans:
• Exempt from the business license application fee.
• Receive a$100,000 credit towards calculation of the business tax based on gross receipts;or • Receive a $108 credit towards the calculation of the business tax based on professional, semiprofessional, manufacturers,processors,administrative offices and residential property rentals.

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.

ORDINANCE NO. 1999

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING CHAPTER 5.04 OF THE

UPLAND MUNICIPAL CODE RELATED TO BUSINESS

LICENSES
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, a business license certificate is required to legally conduct a business within the City of Upland; and
WHEREAS, a business license certificate allows the City to monitor business activity, regulate certain types of business activity to ensure public safety and code compliance, and generate revenue for public services; and WHEREAS, City staff have reviewed the Upland Municipal Code and have determined that Section 5.04.160 related to business licenses for veterans should be updated; 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. Incorporation of Recitals. The above recitals and true and correct and are incorporated herein by this reference.

Section 2. Amending Title 5 Business Licenses and Regulations, Chapter

5.04 Business Licenses Generally of the Upland Municipal Code. Section 5.04.160 is hereby amended to read as follows:
"Chapter 5.04 Business Licenses Generally
§ 5.04.160. Veterans.

A. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license 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 livelihood by manual labor and who shall be a qualified elector of the state of California, as provided or hereafter to be provided by Section 1366 of the Political Code or other law of this state, 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 physically unable to obtain a livelihood by manual labor, and stating the nature of the incapacitation.

Ordinance No. 1999

B. 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 will also receive a $100,000 credit towards the calculation of the business tax based on gross receipts, or a $108 credit towards the calculation of the business tax based on Sections 5.04.370,

5.04.380, and 5.04.400 A. and C., if the following condition is met:

1. Proof that he or she was an honorably discharged or released member of the military.

This applies to all ownership types and business license types. The City is unable to waive any State fees, such as the CASp fee."
Section 3. 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 4. 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 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

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

PASSED, APPROVED, AND ADOPTED this day of
2025.

Bill Velto, Mayor

Ordinance No. 1999

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 28th day of July, 2025, and was adopted at a regular meeting of the City Council of the City of Upland on the 11th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

����°F °p`q� CITFUP LAND
.�, �. �/i J/L//J1/L!/� y �/��i�/'�TL, "The City of Gracious Living" c�lrFOR,i, �i? �GC Vv
DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: DESIGNATION OF VOTING DELEGATE FOR THE ANNUAL LEAGUE OF CALIFORNIA

CITIES CONFERENCE
RECOMMENDED ACTION:

It is recommended that the City Council appoint Mayor Velto as the voting delegate and Councilmembers Zuniga and Breitling respectively as the alternate voting delegates to represent the City of Upland at the League of California Cities General Assembly Meeting on October 10,2025.

GOAL STATEMENT
The proposed action supports the City's goal of participating in activities that develop policies for California cities.

BACKGROUND
The League of California Cities"League"will hold its Annual Conference from October 8-10,2025,in Long Beach.

The Conference was created to enable cities to share ideas, success stories, best practices, and provide discussion forums pertaining to various areas of municipal interest.

ISSUES AND ANALYSIS
The Conference includes a General Assembly meeting where voting delegates, on behalf of their designated cities, cast votes on conference resolutions. These resolutions establish League policy to guide cities and the League in its efforts to improve the quality, responsiveness, and vitality of local Government in California. The League's bylaws state each member city is entitled to one vote on matters affecting League or municipal policy, and a City's voting delegate and alternate voting delegate must be designated by the City Council.

The City's vote will be cast at the League of California Cities General Assembly Meeting on October 10,2025.Mayor Velto and Councilmembers Zuniga and Breitling are registered for the conference.

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.

Iliik LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by September 24, 2025
DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city's delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF
Nil

CALIFORNIA
CITIES
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities' event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 8, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 9, 7:30 a.m.-4:00 p.m. On Friday, Oct. 10, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

iiiit
A, LEAGUE OF

CALIFORNIA
\.�' CITIES
General Assembly Voting Guidelines
1 . One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • c. Page 23 of 184

LEAGUE OF How it works: Cal Cities

CALIFORNIA
CITIES Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice.These policies directly guide Cal Cities' advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here's how resolutions and the General Assembly work.

Who's who
Cal Cities policy
General Resolutions Policy Committees development is a member- ty days before the • • • The Cal Cities informed process, Annual Conference President assigns grounded in the voices and Sixand Expo, Cal Cities general resolutions experiences of city officials members may submit to policy committees throughout the state. policy proposals on where members
issues of importance review, debate, and recommend The Resolutions Committee to cities. The resolution must positions for each policy proposal. includes representatives have the concurrence of at least Recommendations are forwarded from each Cal Cities five additional member cities or to the Resolutions Committee. diversity caucus, regional individual members. division, municipal
1 department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Petitioned Resolutions Resolutions Committee
The petitioned • • • The Resolutions Voting delegates 4Z1 J9 resolution is an Committee considers are appointed by each di alternate method dirk all resolutions. General member city; every city to introduce policy Resolutions approved' by has one voting delegate. proposals during either a policy committee
the annual conference. The or the Resolutions Committee are next The General Assembly is a petition must be signed by considered by the General Assembly. meeting of the collective voting delegates from 10%of General resolutions not approved, or body of all voting member cities, and submitted to referred for further study by both a delegates—one from the Cal Cities President at least policy committee and the Resolutions every member city. 24 hours before the beginning Committee do not go to the General of the General Assembly. Assembly. All Petitioned Resolutions Seven policy committees are considered by the General meet throughout the year Assembly, unless disqualified.2 to review and recommend positions to take on bills
IF
and regulatory proposals.

Policy committees include
General Assembly members from each Cal
• fi Duringthe General Assembly, votingdelegates Cities diversity caucus, '1°II'•�• Ail.• g
•4 ;00 ;�11I debate and consider general and petitioned regional division, and • •,•,• • resolutions forwarded by the Resolutions municipal department, lir Committee. Potential Cal Cities bylaws as well as individuals amendments are also considered at this meeting. appointed by the Cal Cities president.
'The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI.Sec.5(f). Page 24 of 184 For more information visit www.calcities.org/general-assembly

U~�4OF U_4
4 CITYUPLAND
.�, �` "The City of Gracious Living"
oid OF
DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF

LON TEAGUE,POLICE CAPTAIN

MARCI WILLIAMS,POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR CROSSING GUARD SERVICES RECOMMENDED ACTION:

It is recommended that the City Council approve the agreement with All City Management Services,Inc.for crossing guard services in the amount of$216,988.20 for the 2025/26 school year and the associated budget amendment; and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of providing crossing guards at predetermined locations on all days the Upland Unified School District schools are in session.

BACKGROUND
The City has had an ongoing agreement with All City Management Services,Inc.(ACMS)for crossing guard services since 2014. In the spring of 2023, staff conducted research to find alternate companies to provide crossing guard services. Staff were unable to locate any local alternatives, so they conducted a survey of neighboring jurisdictions/school districts to see what options existed. Staff contacted eight (8) local jurisdictions. Six (6) jurisdictions contract with ACMS and the other two (2)have city employees who are employed as crossing guards.

With no known alternatives to assess,staff did not issue an RFP and obtained a quote from ACMS for consideration.

In 2024, two (2) neighboring school districts were reached out to again. Both the Claremont Unified and Ontario- Montclair Unified School Districts continue to use ACMS for crossing guard services.

ISSUES AND ANALYSIS
The increase proposed by ACMS for the 2025/26 school year is $0.40 per hour, or an increase of 1.11% over last year's hourly rate. The City Council-approved budget for crossing guard services for the 2025/26 school year is $204,660. Staff realized that the City had not been billed for the 11 sites originally agreed upon between the City and the Upland Unified School District. The City has only been billed for ten(10) sites and the Upland Unified School District had been paying for the eleventh. This additional site has now been reallocated back to the City's portion of the contract. This reallocation has caused a shortfall in the amount budgeted for this service by$12,328.20.

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 crossing guard services during the 2025/26 school year is$216,988.20. Once the budget adjustment of$12,328.20 is approved to move personnel savings from the vacant Park Ranger position,There are available funds in the Police Patrol Contract Services Account No. 1013211-5253.

ALTERNATIVES
An alternative option would be to hire in-house crossing guards.Doing so would require the City to allocate additional resources to train and maintain these employees,manage their schedules,and provide supervision.This option would exceed the funds budgeted in the Fiscal Year 2025/26 budget for this service.

CEQA:Not a Project.

e

AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated July 16, 2025 and is between the CITY OF UPLAND (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation(hereinafter called the "Contractor").

WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a period which commences on or around July 16, 2025, and ends on June 30, 2026, and for such term thereafter as the parties may agree upon by written amendment to this contract. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the City. Contractor shall assume liability for only those sites agreed to by both Contractor and the City by written amendment stating effective date of assignment

2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a "Crossing Guard".

The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City.

3. The City's representative in dealing with the Contractor shall be designated by the City of Upland.

4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.

The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.

6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.

7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
1 Page 26 of 184

8. Crossing Guard Services (the "Services") shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City's jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.

10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide City a Certificate of Insurance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty(30) days written notice has been given to the City.

11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a "Claim" and collectively, the "Claims") that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization to the extent arising out of the negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees. a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor and City based upon the parties' respective degrees of culpability, as determined by the court, and Contractor's duty to indemnify City will be limited accordingly.
d) Notwithstanding anything to the contrary contained herein, Contractor's indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor's general liability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars).
2 Page 27 of 184

12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.

13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.

14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-six Dollars and Fifty-three Cents ($36.53) per hour, per Crossing Guard during the term.

Based on a minimum of eleven (11) sites and upon a projected (5,940) hours of service the cost shall not exceed Two Hundred Sixteen Thousand, Nine Hundred Eighty-eight Dollars and Twenty Cents ($216,988.20)per year, unless Contractor fails to perform service.

15. Payment is due within thirty(30) days of receipt of Contractor's properly prepared invoice.

16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor's employees would be subject. Contractor shall provide City with 60 days- notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.

17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.
18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE]
3 Page 28 of 184

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

CITY CONTRACTOR
City of Upland All City Management Services,Inc.

By By
Signature D. Farwell, Corporate Secretary
Print Name and Title
Date Date
By
Baron Farwell, President/Owner
Date
Approved as to Form:

Best Best & Krieger LLP
City Attorney
Attested By:

Keri Johnson, City Clerk
4 Page 29 of 184

a -' AM CAM ✓em -AGEMEI 3EIRVHCE3
July 16, 2025
Marci Williams
City of Upland
460 N. Euclid Ave.,Upland, CA 91786
Dear Sergeant,
It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services through the 2025-2026 school years.

As you may know, hiring challenges have impacted all sectors of the labor market across the nation.

Recently the United States Chamber of Commerce has published an article "Understanding America's Labor Shortage", which illustrates how thousands of jobs are published each month and yet a significant number of positions still remain unfilled. Essentially, labor force participations rates have still not returned to pre-COVID levels. This situation leads to heightened competition among businesses as they vie for the limited pool of available talent.

ACMS has experienced these same challenges and in many cases, we've transitioned a significant number of employees from an older, primarily stable workforce to a younger mobile workforce. This new segment of our employees are more sensitive to current cost-of-living increases and are looking for higher wages and more hours. They often accept our position and work for days, sometimes weeks and if we're lucky months then abruptly leave when they find higher pay.

For these reasons, as well as cost increases in most segments of our business, we must appeal for an increase in our hourly rate for the upcoming 2025-2026 school years. To facilitate the calculation of the 2025-2026 annual cost of your Crossing Guard program, we have developed and included with this letter a Client Worksheet. This Worksheet details the new hourly billing rate and the overall estimated program cost, based on the number of sites and the hours worked at each site.

We remain committed to providing a safe, cost-effective and professional School Crossing Guard Program and we hope you will find this new pricing acceptable. If you have any questions or need additional information,please contact me at(800) 540-9290. Take care.

Sincerely,
6a-wo--' Fo-irwe Lb
Baron Farwell,
General Manager

All City Management Services Inc.

Client Worksheet 2024 - 2025
Department: 1006201
City of Upland
Billing Rate for 2024 - 2025: $ 36.53 460 N. Euclid Ave.

Upland, CA 91786
KEY:

Traditional Calendar:

For sites with no regularly scheduled early release days,use 180 regular days Sites with traditional calendar:
33 180 $36.53 = $216,988.20
11 Sites at 3.00 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate TOTAL PROJECTED HOURS 5,940.00 TOTAL ANNUAL PROJECTED COST $216,988.20

of °pt

6.1 CITY OF UPLAND
•

BUDGET AMENDMENT
9t7F00
Date: 7/29/2025 Fiscal Year: FY25-26
Requested by: Charles Kwon Amount: $ -
Dept/Div: Finance Description: 8/11/2025 Council Meeting Crossing Guard Services

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 1013211-5253 PD Patrol/Contract Svcs 281,580.00 281,580.00 12,329.00 293,909.00 1013211-5111 PD Patrol/Salaries-Full Time 1,298,790.00 1,298,790.00 (7,919.00) 1,290,871.00 1013211-5116 PD Patrol/Fringe Benefits 444,070.00 444,070.00 (3,472.00) 440,598.00 1013211-5117 PD Patrol/Retirement Contrib 153,630.00 153,630.00 (938.00) 152,692.00 Total 2,178,070.00 2,178,070.00 - 2,178,070.00

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) ❑ Emeraencv purpose:

Description of Expense:

El Other- Explain:

AGREEMENT FOR CROSSING GUARD SERVICES
This request is directly related to:
❑ Purchase Requisition No. Vendor:

El Council Meeting action: 8/11/2025 (Attach copy of minutes) Increase Purchase Order# OR Requisition #

APPROVALS
Dept Head Approval: Date:

Finance Officer: Date:

Funds Available? ❑Yes ❑No
o Approved 0 Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:

Finance Division Only:

BA#: 0226B010 Help Ticket#: N/A
Journal #: Initial/Date:

Revised:3/2024 Page 32 21,540 PM

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CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
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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.govicity-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.

July 22,2025 �
Date Signature of authorized individual
All City Management Services, Inc.

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 18438A 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 Req 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 Req 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 Req Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.

JE

G'ti.4°F °p`qt CI TFUPLAND
.", 1` "The City of Gracious Living"
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DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: CONSIDER ADOPTING RESOLUTIONS APPROVING THE MEASURE I FIVE YEAR

CAPITAL IMPROVEMENT PLAN AND CAPITAL PROJECT NEEDS ANALYSIS RECOMMENDED ACTION:

It is recommended that the City Council approve a Resolution adopting the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2025-26 through Fiscal Year 2029-30 and approve a Resolution adopting the Measure I Five- Year Capital Project Needs Analysis for Fiscal Years 2026-27 through Fiscal Year 2030-31.

GOAL STATEMENT
The proposed action supports the City's goal of continuing to maintain and improve the City's public roadway facilities.

BACKGROUND
In November 1989,the San Bernardino County voters approved"Measure I 1990-2010",the half-cent sales tax that partially funds countywide transportation improvements between 1990 and 2010. In November 2004, the voters passed a new "Measure I 2010-2040", extending the sales tax for an additional 30 years. In April 2009, the San Bernardino County Transportation Authority (SBCTA, formerly SANBAG) approved the "Measure I 2010-2040 Strategic Plan", which serves as the policy and procedures document for the delivery of projects and programs referenced within the new Measure.

ISSUES AND ANALYSIS
The"Measure I Strategic Plan"identifies certain transportation programs that qualify for Measure I funding including:

Local Street; Freeway; Freeway Interchange; Major Street; Express Bus; Metrolink/Rail Transit; Senior/Disabled Transit; and Traffic Management Systems. The Plan also contains provisions for the funding allocation and expenditure process regarding each transportation program. Furthermore, to qualify for Measure I funding, each participating agency is required to prepare and submit a five-year Capital Improvement Plan and Capital Project Needs Analysis:

1. Five Year Capital Improvement Plan (CIP). Each year, the City of Upland receives approximately $2 million under the"Local Street Program",depending on the actual sales tax proceeds. This is local returned funds based on Upland's population; the City has the discretion of using the funds for local street projects. Jurisdictions receiving funding must annually adopt a Five-Year CIP,outlining specific local projects to be funded in the next five years. Exhibits "A" and"B" summarize Upland's Measure I roadway projects for the next five years and related expenditure strategy.

2. Capital Project Needs Analysis (CPNA). The Measure I Strategic Plan contains a list of transportation projects funded under the"Freeway Interchange Program"and the"Major Street Program". Unlike Measure I local funds mentioned above, the SBCTA Strategic Plan specifically identifies Arrow Route and Foothill Blvd. as regional projects qualifying for additional funding under the"Major Street Program". Additionally,Euclid Avenue &I- 10 Freeway,and Monte Vista Avenue&I-10 Freeway interchanges have been identified as a top priority and are being developed under the "Freeway Interchange Program." For efficiency, both interchanges are being coordinated with the construction of the I-10 Freeway main line corridor improvement program. As mentioned, each agency is required to adopt a CPNA,stating its capital project expenditure plan for the next five fiscal years (FY 2026/27 to FY 2030/31). SBCTA will compile all CPNA documents received for the purpose of expenditure planning within the region. Exhibits"C-F"contain Upland's Five-Year CPNA.

ENVIRONMENTAL DETERMINATION
There is no environmental impact for approving the reporting required by the Measure I Capital Improvement Plans and Capital Project Needs Analysis. Road maintenance projects are typically exempt from CEQA as the resultant pavement rehabilitation work falls under CEQA Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities)and Section 15302 Class 2(Replacement or Reconstruction).

FISCAL IMPACTS
There is no fiscal impact associated with this action as Measure I expenditures are included as part of the biennial budget process.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2(Replacement or Reconstruction).

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, ADOPTING THE MEASURE I FIVE-
YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2025/2026
THROUGH FY 2029/2030
WHEREAS, San Bernardino County voters approved passage of Measure I 1990-2010 in November 1989 and renewed as Measure I 2010-2040 in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Upland is $3,088,257.

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

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five-Year Capital Improvement Plan, a copy of which is attached to this Resolution.

Section 2. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 3. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Resolution No.

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 5. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 11th day of August, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

EXHIBIT A
Resolution Number: Jurisdiction:

Resolution Approval Date: 8/11/2025 Measure I Local Pass-through Program Contact Person/Title: Bob Critchfield/Engineering Manager FIVE YEAR CAPITAL I IVI PROVEIVI ENT PLAN Upland Phone: (909)291-2946 Fiscal Years 2025/2026 thru 2029/2030 Email: [email protected]
6/30/25 Carryover Balance) $10,558,670.00
Is Project in FY2025/26 Est.Revenue FY2026/27 Est.Revenue FY2027/28 Est.Revenue FY2028/29 Est.Revenue FY2029/30 Est.Revenue Total Est.Rev.

Citys Does Project Is the Project on the City's
Non-motorized have an ATP Estimated Total
Trans ortation Com onent? Nexus Study List? $2,040,866 $2,097,602 $2,156,333 $2,217,352 $2,280,987 $10,793,140 p p (Public/DIF Share%) Project Cost
Plan? (Yes/No) Current Current Current Current Current Total Projects: (Yes/No) Estimate Estimate Estimate Estimate Estimate 18th St.Rehabilitation(Mountain Ave.to Euclid Ave.) No No 0.0% 0.0% $3,845,842 $570,842 $0 $0 $0 $0 $570,842 19th St.Reconstruction(Mountain Ave.to Euclid Ave.) No No 0.0% 0.0% $3,981,755 $1,881,755 $2,100,000 $0 $0 $0 $3,981,755 Campus Ave.Rehabilitation(9th St.to Foothill Blvd.) No No 0.0% 0.0% $3,922,157 $3,922,157 $0 $0 $0 $0 $3,922,157 Citywide Pavement Maintenance 2023/2024 No No 0.0% 0.0% $195,215 $195,215 $0 $0 $0 $0 $195,215 Citywide Pavement Maintenance 2024/2025 No No 0.0% 0.0% $200,584 $200,584 $0 $0 $0 $0 $200,584 Citywide Pavement Maintenance 2025/2026 No No 0.0% 0.0% $350,000 $350,000 $0 $0 $0 $0 $350,000 Citywide Pavement Maintenance 2026/2027 No No 0.0% 0.0% $250,000 $0 $250.000 $0 $0 $0 $250,000 Citywide Pavement Maintenance 2027/2028 No No 0.0% 0.0% $250,000 $0 $0 $250,000 $0 $0 $250,000 Citywide Pavement Maintenance 2028/2029 No No 0.0% 0.0% $250,000 $0 $0 $0 $250,000 $0 $250,000 Citywide Pavement Maintenance 2029/2030 No No 0.0% 0.0% $250,000 $0 $0 $0 $0 $400,000 $400,000 Grove Ave.Rehabilitation(Foothill Blvd.to 15th St.) No Yes 0.0% 0.0% $3,206,068 $1,990,280 $1,215,788 $0 $0 $0 $3,206,068 Lexington St./1st Ave./2nd Ave.Rehabilitation No No 0.0% 0.0% $1,149,058 $435,000 $0 $0 $0 $0 $435,000 Mountain Ave.Rehabilitation(20th St.to 23rd St) No No 0.0% 0.0% $2,670,000 $1,760,000 $910,000 $0 $0 $0 $2,670,000 Phase II of the Metrolink Station Accessibility Improvement Project Yes Yes 0.0% 0.0% $2,454,870 $24,284 $0 $0 $0 $0 $24,284 (ATP Cycle 4)
Monte Vista Ave.Rehabilitation(S.City Limit to Foothill) No No 0.0% 0.0% $3,500,000 $0 $400,000 $2,100,000 $1,000,000 $0 $3,500,000 Mountain Ave.Rehabilitation(S.City Limit to 9th St) No No 0.0% 0.0% $3,500,000 $0 $0 $400,000 $2,100,000 $1,000,000 $3,500,000 San Antonio Ave.Rehabilitation(11th St to 13th St.) No No 0.0% 0.0% $1,250,000 $0 $0 $0 $400,000 $850,000 $1,250,000

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 SO $0 $0 $0 $0

0.0% 0.0% $0 $0 SO $0 $0 $0 $0 Projects Total: $11,330,1171 $4.875.788 $2,750,000 $3,750,000 $2,250,000 $24,955,905 (Must not exceed 150%of Carryover Balance+
Total Programming is currently 117% Total Estimated Revenue) Total Estimated Programming: $24,955,905

EXHIBIT "B"

CITY OF UPLAND

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2025/2026 to 2029/2030
The City of Upland's existing road network is fairly well established.

Therefore, the City's primary use of Measure I Funds will be for the reconstruction and maintenance of existing City streets. It is the City's intent to design and begin construction of the project the same year the project is identified in the Five-Year Capital Improvement Plan.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING THE MEASURE I FIVE-

YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL
YEARS 2026/2027 THROUGH 2030/2031
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.

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

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five Year Capital Project Needs Analysis for Fiscal Years 2026/2027 through 2030/2031, a copy of which is attached to this Resolution.

Section 2. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 3. Certification. The City Clerk of the City of Upland shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared

Resolution No.

unconstitutional, invalid, or ineffective.

Section 5. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 11th day of August, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

EXHIBIT C
Capital Project Needs Analysis
Nexus Project Cost $ 5,900,000 City of Upland Dev.Loan? No Valley Arterial Sub-Program
5-Year Advance? No
Public Share: 60.6%
Dev.Share: 39.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE Widen Foothill Blvd.from County PA&ED
Line to Central Avenue from 2 to Total Cost: $0.00
6 lanes Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - Current Total Project Cost PS&E
Estimate: Total Cost: $287,000.00
$5,900,000.00 Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ 287,000.00 $ - $ - $ - $ - $ - $ - Total Measure I Request: -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - $432,543.00 Other: $ - $ - $ - $ - $ - $ - $ - (Summation of Measure I) ROW
Total Cost: $1,554,543.00
Fund Type: MSI Arterial $ 432,543.00 $ - $ - $ - $ - $ - $ - Comments: DEV FEE $ 1,122,000.00 $ - $ - $ - $ - $ - $ - Project completed in 2013. -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Exhibit C-Foothill Blvd-Foothill Blvd

EXHIBIT D
Capital Project Needs Analysis
Nexus Project Cost $ 4,000,000 City of Upland Dev.Loan? No Valley Arterial Sub-Program
5-Year Advance? No
Public Share: 60.6%
Dev.Share: 39.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE Widen Arrow Rte.From County PA&ED
Line to Central Avenue from 2 to Total Cost: $20,000.00 4 lanes Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - OTHER $ 20,000.00 $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - Current Total Project Cost PS&E
Estimate: Total Cost: $150,000.00
$4,000,000.00 Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - OTHER $ 150,000.00 $ - $ - $ - $ - $ - $ - Total Measure I Request: -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - $2,290,680.00 Other: $ - $ - $ - $ - $ - $ - $ - (Summation of Measure I) ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - Comments: -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $3,830,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 2,290,680.00 $ - $ - $ - DEV FEE $ 50,000.00 $ - $ - $ 1,489,320.00 $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Exhibit D-Arrow Rte-Arrow Rte

EXHIBIT E
Capital Project Needs Analysis
Nexus Project Cost $ 8,974,000 City of Upland Dev.Loan? Yes Valley Arterial Sub-Program
5-Year Advance? No
Public Share: 60.6%
Dev.Share: 39.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE 1-10&Euclid Avenue PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - Current Total Project Cost PS&E
Estimate: Total Cost: $0.00
$936,885.00 Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Total Measure I Request: -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - $0.00 Other: $ - $ - $ - $ - $ - $ - $ - (Summation of Measure I) ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - Comments: -Select Fund- $ - $ - $ - $ - $ - $ - $ - Costs reflect SBCTA project -Select Fund- $ - $ - $ - $ - $ - $ - $ - oversight expenses. Upland's -Select Fund- $ - $ - $ - $ - $ - $ - $ - share is 60%and Ontario's share Other: $ - $ - $ - $ - $ - $ - $is 40%of the total project CONST development share of 17.4%. Total Cost: $936,885.00 Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ 312,295.00 $ - $ - $ - $ - $ - $ - DEV LOAN $ 624,590.00 $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Exhibit E-I-10&Euclid-1-10&Euclid

EXHIBIT F
Capital Project Needs Analysis
Nexus Project Cost $ 33,144,900 City of Upland Dev.Loan? Yes Valley Arterial Sub-Program
5-Year Advance? No
Public Share: 60.6%
Dev.Share: 39.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE I-10&Monte Vista Avenue PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - Current Total Project Cost PS&E
Estimate: Total Cost: $0.00
$2,107,922.00 Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Total Measure I Request: -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - $0.00 Other: $ - $ - $ - $ - $ - $ - $ - (Summation of Measure I) ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - Comments: -Select Fund- $ - $ - $ - $ - $ - $ - $ - Project was added to the SBCTA -Select Fund- $ - $ - $ - $ - $ - $ - $ - Dev.Mitigation Nexus Study on -Select Fund- $ - $ - $ - $ - $ - $ - $ - 6/7/2017 to reassign 26.5%of the Other: $ - $ - $ - $ - $ - $ - $ -

24.1%develop.Share to Upland CONST
as a transfer from the share for Total Cost: $2,107,922.00 the Upland Sphere of Influence. Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - Note: Costs reflect SBCTA DEV FEE $ 702,641.00 $ - $ - $ - $ - $ - $ - project oversight expenses. DEV LOAN $ 1,405,281.00 $ - $ - $ - $ - $ - $ - Total Proj.Cost includes -Select Fund- $ - $ - $ - $ - $ - $ - $ - Montclair betterment of$139,000 -Select Fund- $ - $ - $ - $ - $ - $ - $ - which is the responsibility of -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Exhibit F-1-10&Monte Vista-1-10&Monte Vista

„,ft,.
°p` CITY
UPLAND D.�, '' 5 oid "The City of Gracious Living” DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: CONSIDER APPROVAL OF REVISED FUNDING ALLOCATIONS FOR THE FOOTHILL

BOULEVARD PAVEMENT REHABILITATION AND UTILITY IMPROVEMENTS

PROJECT
RECOMMENDED ACTION:

It is recommended that the City Council approve an increase of$451,505.40 in American Rescue Plan Act(ARPA) funds for the Foothill Boulevard Improvement Project and approve a decrease of$451,505.40 in Road Maintenance Rehabilitation Account(RMRA)funds for the Foothill Boulevard Improvement Project.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving the City's public roadway facilities.

BACKGROUND
On June 23, 2025, the City Council approved the Plans and Specifications for the Foothill Boulevard Pavement Rehabilitation and Utility Improvement Project and awarded a construction contract to Gentry Brothers, Inc. for a total amount of$13,000,000.00, including contingencies. The total estimated project cost is $13,210,800.00 when accounting for construction administration,inspection, City furnished materials,material testing,etc.

ISSUES AND ANALYSIS
At the time of contract award on June 23, 2025, the proposed available funding for the project was identified as follows:

Original Funding on 6/23/2025
CIP Account 2067500-5540-70015(RMRA) $1,652,064.68 CIP Account 2067500-5540-70016(RMRA) $2,165,141.19 CIP Account 2297500-5540-16170(ARPA) $1,948,494.60 CIP Account 6407500-5540-91012(Water Fund) $1,673,424.76 CIP Account 6397500-91006(Water Bond) $1,673,824.76 CIP Account 6407500-5540-91008(Water Fund) $97,850.00 CIP Account 2177500-5540-16170(County Supervisor Jesse
Armendarez and County Supervisor Curt Hagman) $4,000,000.00 Total Original Project Funding: $13,210,800.00 As outlined above, staff is proposing to increase the ARPA funding under Account No. 2297500-5540-16170 by $451,505.40 and decrease the RMRA funding by$451,505.40($225,752.70 from each RMRA CIP account)resulting in zero fiscal impact to the project budget. This change would allow the City to maximize the ARPA funding,which will allow $451,505.40 in RMRA funding to be used towards the future Foothill Boulevard Improvement Project Phase II,between Central Avenue and Benson Avenue,or toward another future street improvement project.

If approved by the City Council,the revised project funding allocation would be as follows:

Revised Funding on 8/11/2025
CIP Account 2067500-5540-70015(RMRA) $1,426,311.98 CIP Account 2067500-5540-70016(RMRA) $1,939,388.50 CIP Account 2297500-5540-16170(ARPA) $2,400,000.00 CIP Account 6407500-5540-91012(Water Fund) $1,673,424.76 CIP Account 6397500-91006(Water Bond) $1,673,824.76 CIP Account 6407500-5540-91008(Water Fund) $97,850.00 CIP Account 2177500-5540-16170(County Supervisor Jesse
Armendarez and County Supervisor Curt Hagman) $4,000,000.00 Total Revised Project Funding: $13,210,800.00

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 March 4,2025.

FISCAL IMPACTS
There will be an increase in ARPA funding for the project by $451,505.40 and a decrease in RMRA funding by $451,505.40 resulting in a net change of$0 from an overall project funding perspective.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The City filed the Notice of Exemption with the County of San Bernardino on March 4, 2025.

4<�°F °p`q� CITFUP LAND
o "The City of Gracious Living"
- -
DATE: August 11,2025
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 FIRST AMENDMENT TO THE BRIGHTVIEW LANDSCAPE

SERVICES AGREEMENT
RECOMMENDED ACTION:

It is recommended that the City Council approve a First Amendment to the Brightview Landscape Maintenance Services Agreement to extend the contract for one year, through June 30, 2026 and authorize the City Manager to execute the Amendment.

GOAL STATEMENT
The proposed action supports the City's objective to provide excellent customer service to the community and continue to maintain and improve City public landscape infrastructure.

BACKGROUND
On October 10, 2022, the City Council entered into an Agreement with Brightview Landscape Maintenance for the routine maintenance of city owned landscape infrastructure. This agreement was for an initial 32-month term with three(3) optional one(1)year extensions. The contract budget amount would vary year-to-year based upon amount of funding approved by City Council in the annual budget. A provision was also included in the contract to allow for a yearly adjustment to the contract unit costs based on the Consumer Price Index(CPI)if the contract was extended beyond the initial 32-month term. The initial 32-month term expired on June 30,2025.

ISSUES AND ANALYSIS
Staff is recommending that the City Council approve this First Amendment to the Brightview Service Maintenance Agreement for one year,through June 30,2026. Additionally,the monthly flat rate will be increased by 3%based on the CPI. The proposed First Amendment may be terminated at any time with seven(7) days' written notice to the Contractor.

Meanwhile, staff is preparing a Request for Proposal (RFP) with the goal of providing improved maintenance standards and oversight of all landscape maintenance areas throughout the city. A new comprehensive multi-request for proposals (RFP)process will separate various areas of landscaping responsibilities and place them into specific areas within the city and include additional staff oversight supervision which will enable contractors,as well as City staff,to provide a higher level of service while at the same time improving quality control.

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 monthly cost is $66,118.45,or$793,421.40 for the year. There are multiple funding sources for landscape maintenance for Fiscal Year 2025-26 with available funding to cover the contract amount.

ALTERNATIVES
Provide alternative direction to staff
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities),of the CEQA guidelines.

FIRST AMENDMENT

TO LANDSCAPE MAINTENANCE AGREEMENT
This First Amendment ("First Amendment") is entered into on August 11, 2025, by and between City and Contractor with respect to a certain Agreement between the CITY OF UPLAND ("City") and BRIGHTVIEW LANDSCAPE SERVICES, INC. ("Contractor") approved by the Parties on October 10, 2022 for Landscape Maintenance Services (the "Agreement"). City and Contractor are hereinafter sometimes referred to individually as "Party" and collectively as "Parties."

RECITALS
WHEREAS,the Parties desire and intend to extend the Agreement for an additional one-year through June 30, 2026, subject to the right of City to terminate the Agreement sooner with or without cause..

NOW THEREFORE, in consideration of the mutual promises and undertakings of the Parties set forth herein, the Parties agree as follows:

AMENDMENT

1. Term: The Term of the Agreement shall be extended through June 30, 2026 (the "Extended Term"), subject to the right of City to terminate the Agreement sooner as set forth in the Agreement.

2. Consumer Price Index: During the Extended Term,City shall compensate Contractor by adding a C.P.I. cost increase of 3% over and above the compensation set forth in Exhibit "B" or as provided to Contractor during City's 2024-2025 fiscal year.

3. Services: The Services provided by Contractor shall remain as set forth in the Agreement.

4. Monthly Cost: Routine/scheduled Landscape Maintenance Services are priced at $66,118.45 per month. Including the 3%C.P.I. increase described herein above

5. Additional Cost:Any cost of Ancillary/Special Projects shall not exceed the amount of the City Council approved budget for Citywide Landscape Maintenance Services.

6. Reaffirmation of Terms and Provisions of Agreement: Except as amended by this First Amendment. the Parties hereby agree that the terms and provisions of the Agreement remain in full force and effect.

IN WITNESS WHEREOF City and Contractor have executed this First Amendment the day and year first herein above set forth.

CITY OF UPLAND APPROVED AS TO FORM:

Michael Blay, City Manager
Stephen P. Deitsch, City Attorney
ATTEST
Keri Johnson, City Clerk

Contractor
By:

Name:

Title:

By:

Name:

Title:

CITY OF UPLAND

LANDSCAPE MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 10th day of October,2022 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and Brightview Landscape Services, Inc., a Corporation with its principal place of business at 27001 Agoura Road, Ste. 350, Calabasas, CA, 91301 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

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

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

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

2.2 Project.

City desires to engage Contractor to render such services for Landscape Maintenance Services ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from November 1, 2022 to June 30, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. - 1 -

3.2 Responsibilities of Contractor.

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

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

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

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

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

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

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

3.2.5 Contractor's Representative. Contractor hereby designates the Branch Manager,or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's -2-

Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged, and agreed that the City will suffer damage.

Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

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

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

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

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

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

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

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. -4-

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

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

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

3.2.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: minimum amount of $1,000,000 per occurrence; and $2,000,0000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: minimum amount of$1,000,000 combined single limit per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' Compensation/Employer's Liability limits with a minimum amount of$1,000,000 per accident for bodily injury or disease, as required by the Labor Code of the State of California; (4)Professional Liability: minimum amount of $1,000,000 per claim and aggregate (errors and omissions) .

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative,the City may suspend or terminate this Agreement. -6-

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

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

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

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

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Contractor shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors, or omissions of -7-

the Contractor. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of'the insured and must include a provision establishing the insurer's duty to defend. (E) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided, reduced or canceled except after thirty(30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City;and (B)any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

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

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

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

3.2.13 Bonds.

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

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

3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement,the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
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3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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

3.2.15 Work Site.

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

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total annual compensation shall vary, subject to City Council approval of the annual budget itemized for Landscape Maintenance Services, including routine monthly services as well as Additional Extra Work, which may be authorized, as described below.

3.3.1.1 Adjustments. Beginning in 2024, upon Contractor's request, Contractor's rates may be adjusted no more than once per year based on the percentage change in the Consumer Price Index-All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside- San Bernardino — Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments. All such price adjustment requests shall be submitted between March 1st and April 1st. The failure to submit price adjustment requests by April 1st shall waive the Contractor's right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on July 1st of the same year. In no event shall the adjustment exceed five percent (5%) in any single year.

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

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

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (basic compensation amount and Extra Work) exceed fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

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

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

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. - 12 -

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

Brightview Landscape Services, Inc.

Joe Islas. Branch Manager
1659 W. 9th Street
Upland, CA, 91786
City:

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

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. - 13-

3.5.2 Indemnification.

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

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

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

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

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

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

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

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

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

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

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

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

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

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. - 15-

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND BRIGHTVIEW LANDSCAPE SERVICES, INC.

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

CITY OF UPLAND BRIGHTVIEW LANDSCAPE SERVICES, INC.

APPR D
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By:
t AEL €3L Y (3 (11 VOID Its:
nayermiticrerr VICE PRESIDENT
City Ma
Printed Name:

ATTESTED BY:

RENA RIVERA vC `1�\vEYZA
r By:

KERI JOHNSON
City Clerk Its:

SENIOR VICE PRESIDENT
Printed Name:

APPROVED AS TO FORM: ���"� At1'

FRED FREUND
Best Best& Krieger LLP
City Attorney
266211
Contractor's License Number
1000005364
DIR Registration Number
- 17-

EXHIBIT A

SCOPE OF SERVICES
The intent of this Request for Proposals is to solicit sealed proposals from highly qualified landscape firms with expertise in landscape maintenance and landscape installations.

The Public Works Department is responsible for providing landscape maintenance to City parks, landscape areas within the public right-of-way and open spaces. The City of Upland has over 85 acres of landscaped area to be maintained by this contract. In evaluating the proposals, the City will consider all landscape service areas and will award the contract to the bidder that will provides the City with the best value of all landscape services.

The Contractor's primary responsibility will be to maintain the landscape areas at the highest industry standards by integrating innovative and progressive techniques and to follow the objectives as set forth in the specifications. The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance as set forth in this specification and in keeping with the highest standards of quality and performance. Maintenance of the landscape shall include, but not be limited to, inspections, mowing, trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, tree surgery, de-thatching, plant replacements, renovation, clean-up of park facilities and drainage facilities. The Contractor will create a maintenance schedule to keep the designated parks, landscape areas within the public right-of-way, Community Facilities Districts (CFDs), Landscape Maintenance Districts (LMDs), and open spaces maintained. The specific service locations will be geographically categorized within the City of Upland.

Irrigation maintenance shall be all inclusive and shall include inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed. The Contractor will submit a maintenance schedule to the City scheduling the maintenance operations which include, but are not limited to: tree pruning, aeration, thatching, insecticides/herbicide application and application of all fertilization to trees, shrubs, ground cover, and turf. This specification establishes the minimum standards for the maintenance of the landscaped areas for the City.

The City reserves the right to alter or modify any of the service areas in their sole and absolute discretion.

EXHIBIT A

EXHIBIT B

SCHEDULE OF SERVICES/COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual DETAILS: VV/M/Q Material Square (W/MIQ) Cost Feet
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
Parks
San Antonio Park-N/W/C of 24th St and Mountain W Turf/Plant 451,578 $709 $36,868 McCarthy Park-N/E/C of 20th St and San Antonio W Turf/Plant 244,060 $383 $19,916 Citrus Park- 15th St E/O Benson Ave W Turf/Plant 491,900 $772 $40,144 Magnolia Park-N/E/C of 15th St and San Antonio W Turf/Plant 299 420 $470 $24,440 Include-Recreation Building Courtyard Planters
Sierra Vista Park-S/E/C of 15th St and 2nd Ave W Turf/Plant 298,039 $468 $24,336 13th St Reservoir Park-S/W/C of 13th St Campus _W Turf/Plant 98,897 $155 $8,060 City Facilities
City Yard- 1370 N Benson Ave W Plant Mat. 12,951 $20 $1,040 Police Station- 1499 W 13th St W Turf/Plant 102,562 $161 $8,372 _ Old Fire Station -2046 N San Antonio Ave W Turf/Plant 24,243 $38 $1,976 15th St.

S/S Parkway- Mountain Ave to 140 ft E/O Kelly Ave Q Plant Mat. _ 8,045 $165 $660 16th St.

S/S Parkway -350 Ft W/O Quarry to Benson Ave M Plant Mat. 55,829 $380 $4,560 N/S Parkway-Benson Ave to Wilson Ave M Plant Mat. 13,174 $90 _ $1,080 N/S Island - Orangewood Ave M Plant Mat. 410 $3 $36 N/S Island- Glenwood Ave M Plant Mat. 410 $3 $36 S/S Parkway-330 ft E/O Benson Ave to Mountain M Plant Mat. 32,536 $221 $2,652 - N/S Parkway-Mountain Ave to Kelly Ave M Plant Mat. 5,272 $36 $432 - S/S Parkway- Mountain Ave to 130 ft W/O O'Malley M Plant Mat. 8,073 $55 $660 N/S Parkway-2nd Ave to Campus Ave M Plant Mat. 23,489 $160 $1,920 S/S Parkway-260 ft W/O Winston Way to Campus M Plant Mat. 17,092 $116 $1,392 17th St.

N/S Parkway-100 ft E/O 3rd Ave to Winston Ave Q Plant Mat. 4,517 $93 _ $372 S/S Parkway-100 ft E/O 3rd Ave to Q Weed Abate 1,616 $33 $132 130 ft W/O of Francis _ _
N/S Parkway- 130 ft W/O Campus Ave to Campus Q Plant Mat. 2,600 $54 $216 S/S Parkway- 130 ft W/O Campus Ave to Campus _ _ Q Plant Mat. 2,600 $54 $216 TOTALS --- --- .-_- -- $179,516

EXHIBIT B

SCHEDULE OF SERVICES/COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual DETAILS: W/M/Q Material Square
q (W/M/Q) Cost
Feet
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS _
18th St.

N/S Parkway-Wilson Ave to 130 ft W/O Palomino W Turf/Plant 24,878 $39 $2,028 S/S Parkway-Wilson Ave to Adriana Way W Turf/Plant 28,731 $45 $2,340 N/S Parkway-E/O 3rd Ave _ Q . Plant Mat. 4,499 $93 $372 S/S Parkway-3rd Ave to Winston Ave Q Plant Mat. 7,977 $162 $648 N/S Easement—N/W/C &N/E/C @ Christopher Ave M Plant Mat. 35,372 $241 $2,892 S/S Tree Wells-E/O Winston Ave Q Weed Abate 333 $6 $24 Easement-E/O Sunnybrook Ave Q Weed Abate 2,032 $42 $168 19th St.

N/S Parkway-Mountain Ave to 130 ft W/O O'Malley M _ Plant Mat. 6,944 $47 $564 S/S Parkway-Mountain Ave to 130 ft W/O O'Malley M Plant Mat. 7,947 $54 $648 S/S Parkway-San Antonio Ave to 150 ft W/O Ukiah M Plant Mat. 6,742 $46 $552 N/S Parkway-Euclid Ave to 3rd Ave W Turf/Plant 18,670 $29 $1,508 N/S Cobblestone Storm Channel - Euclid Ave to 3rd Q Weed Abate 12,999 $264 $1,056 S/S Parkway-W/O Baywood Way Q Plant Mat. 2,904 $60 $240 20th St
Island-Near 1167 W. 20th Street Q Plant Mat. 1,275 $27 $108 S/S Parkway-Flower Ct to end of Cul-de-Sac Q Plant Mat. 9,049 $186 $744 N/S Easement-Campus Ave to Campus Ave Q Plant Mat. 20,889 $426 $1,704 21st St
S/S Parkway-W/O Mildura Ave M Plant Mat. 4,602 $31 $372 N/S Parkway- 150 ft E/O Mountain Ave to Kelly Ave Q Plant Mat. 4,658 $96 $384 N/S Parkway-200 ft W/O Campus Ave to Campus Q Plant Mat. 2,294 $48 $192 S/S Parkway-330 ft W/O Campus Ave to Campus Q Plant Mat. 3,683 $75 $300 24th St
S/S Parkway- 1st Ave to 2nd Ave Q Weed Abate 1,538 $30 $120 S/S Parkway-Bellview Rd to 4th Ave Q Weed Abate 3,445 $69 $276 Easement-East end of Cul-de-Sac-E/O Fox Ridge Q Weed Abate _ 2,550 $51 $204 TOTALS ~~ -~1- "-~ _.._ $ 17,444

EXHIBIT B

SCHEDULE OF SERVICES I COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual DETAILS:. W/M/Q Material Square q (WJMI/R) Cost Feet
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
Kenwood St _
S/S Easement-O'Malley to San Antonio Ave Q Weed Abate 8,604 $177 $708 S/S Easement-San Antonio Ave to Quince Ave Q _ Weed Abate 7,734 $159 $636 S/S &E/S Easement-W/O of Flower&Up to 20th Q Plant Mat. 4,480 $90 $360 Benson Ave
W/S Parkway - Eureka St to 210 Frwy W Turf/Plant 7,423 $12 $624 E/S Parkway - 16th St to 210 Frwy M Plant Mat. 43,285 $295 $3,540 Median-210 Frwy to Mountain Ave M Plant Mat. 52,778 $359 $4,308 N/W/S Parkway-S/W of Birkdale-Quarry Entrance W Turf/Plant 32 489 $51 $2,652 To 320 ft N/E of Muirfield Ave
S/E/S Parkway-210 Freeway to Edison Easement W Turf/Plant 47,203 $74 $3,848 N/W/S Parkway-Mildura Ave to Mountain Ave M Plant Mat. 28,545 $194 $2,328 Mildura Ave
S/W/C Parkway and Easement-W/O Benson W Turf/Plant 7,158 $11 $572 W/S Parkway-21st St to Amanda Place M Plant Mat. 11,609 $79 $948 Mountain Ave
W/S Parkway Tree Wells -620 S/O 13th St to Q Weed Abate 9 929 $204 $816 640 ft N/O 13th St
W/S Parkway-640 ft N/O 13th St to 14th St W Turf/Plant _ 19,356 $30 $1,560 W/S Parkway- North Hills Dr to 210 Frwy W Turf/Plant 34,046 $53 $2,756 W/S Parkway- Benson Ave to 216 ft N/O Benson M Plant Mat. 9,990 $68 $816 Median- Foothill Blvd to 210 Frwy M Plant Mat. 104,014 $708 $8,496 Median-210 Frwy to Sunset Curve M Plant Mat. 66,510 $453 $5,436 E/S Parkway - 13th St to 14th St W Turf/Plant 34,241 $54 $2,808 E/S Parkway/Tree Wells- 14th St to 1474 N. Q Weed Abate 5 924 $120 $480 Mountain Ave
E/S Parkway- 1474 N Mountain Ave to 15th St W Turf/Plant 8,378 _ $13 $676 E/S Parkway- 15th Street to 17th St W Turf/Plant 54,974 $86 $4,472 E/S Parkway/Tree Wells- 17th St to 630 ft N/O 17th Q Weed Abate 2,660 $54 $216 E/S Parkway-630 ft N/O 17th St to 210 Frwy W Turf/Plant 39,278 - $62 $3,224 E/S Parkway-210 Frwy to 160 ft S/O Pepper Tree M Plant Mat. 13,497 $92 $1,104 E/S Parkway- 170 ft N/O 21st St to 23rd St M Plant Mat. 42,019 $286 $3,432 TOTALS --- --- _.r� --- $56,816

EXHIBIT B

SCHEDULE OF SERVICES I COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual DETAILS: W/M/Q Material Square (W/M/Q) Cost
Feet
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS _
San Antonio Ave
W/S Parkway/Tree Wells- 19th St to 210 Frwy Q Weed Abate 3,628 $75 $300 W!S Parkway/Tree Wells- 20th St to 21st St Q Weed Abate 15,346 $312 $1,248 _ E/S Parkway-270 ft S/O Coral Tree Way to 19th St M Plant Mat. 11,193 $76 $912 E/S Parkway/Tree Wells- 19th St to 210 Frwy Q Weed Abate 6,825 $138 $552 E/S Parkway/Tree Wells—640' S/O of 21st to 21st Q Weed Abate 7,775 $159 $636 E/S Parkway-Cabot Ct to 22nd St Q Weed Abate 7,360 $150 $600 Euclid Ave
E/S Service Road Island-N/O 19th Street M Plant Mat. 3,980 $27 $324 W/S Parkway Easement-210 Overpass W _ Turf/Plant 17,330 $27 $1,404 E/S Parkway Easement-210 Overpass W Turf/Plant 17,106 $27 $1,404 W/S Service Road Island -S/O 21st St Q Weed Abate 12,649 $258 $1,032 W/S Cobblestone Storm Channel - 19th St to 24th Q Weed Abate 42,914 $876 $3,504 E/S Cobblestone Storm Channel - 19th St to 20th St Q Weed Abate 8,601 $177 $708 E/S Cobblestone Storm Channel— Q Weed Abate $84 $336 21st Street to 2146 North Euclid Ave 4,084
Campus Ave
W/S Parkway - 14th St to 120 ft N/O Cumberland St W Turf/Plant 10,874 $17 $884 -
W/S Parkway- 16th St to Colonies Parkway M Plant Mat. 32,414 $221 $2,652 E/S Parkway- 17th St to Colonies Parkway - M Plant Mat. 17,662 $120 s $1,440 Well Sites—Perimeter Parkways Only
15th Street- N/S &S/S-580 E. 15th St M Plant Mat. 54,367 $370 $4,440 Benson Reservoir- 1355 N. Benson Ave Q Plant Mat. 1,512 $30 $120 17th Street.- 1655 W. 17th St. M Plant Mat. 15,595 $106 $1,272 Upland Hills Wastewater Treatment Plant— M Plant Mat. 2 124 $14 $168 1700 N. Campus Ave
TOTALS __.- �__ - ___ $23,936

EXHIBIT B

SCHEDULE OF SERVICES/COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

I
LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual DETAILS: W/M/Q Material Square (W/M/Q) Cost
Feet
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
Various Locations
W/S Parkway Easement-20th St and Birkdale Ave W Turf/Plant 2,781 $4 $208 Edison Easement- Between Windemere Ct to W Turf/Plant 8,032 $13 $676 Muirfield Ave.

E/S Island-Wilson Ave and Rosewood St Q Plant Mat. 610 $12 $48 Island -On Maywood Ct N/O Auburn St Q Plant Mat. 3,325 $69 $276 Island -On Adriana Way S/0 18th St Q Plant Mat. 1,009 $21 $84 W/S Parkway-Vallejo Way and Buffington St Q Plant Mat. , 3,075 $63 $252 Islands-On Rita Ct NE/0 Palm Ave Q Plant Mat. 1,113 $24 $96 S/S Storm Channel -22nd St W/O Euclid Ave Q Weed Abate 6,286 $129 $516 Islands-On 2nd Ave Between Lexington St&21st Q Plant Mat. 1,370 $27 $108 Parkway/Tree Wells -North end of 3rd Ave Q Weed Abate 3,673 1 $75 $300 Cul-de-Sac N/O 15th Street _
N/S Parkway-On Hummingbird Lane—(Turf Only) W Turf 5,560 $9 $468 Tanglewood to Cucamonga Creek Storm Channel ,
S/S Parkway-On Hummingbird Lane Q Weed Abate 12,693 $258 $1,032 Tanglewood to Cucamonga Creek Storm Channel
E/S Parkway-On Eastgate Ave Q Plant Mat. 7 682 $156 $624 Hummingbird Lane to 1678 Eastgate Ave _
S/S Parkway Tree Wells -On Jane Ct Q Weed Abate $186 $744 Francis Way to 6th Ave 9,123
W/S Parkway/Tree Wells -On 6th Ave Q Weed Abate $63 $252 15th St to Jane Court 3,016
Various Locations-Weed Abatement
Vacant Lot—North side of Public Works/ — Bi-Annual Weed Abate 498,762 $20,364 $40,728 East of Benson to Lemonwood Villas
Public Works-East Vacant Lot& PD Impound Lot Bi-Annual _ Weed Abate 224,769 $9,174 $18,348 Storm Culvert/Channel -S/O 19th Street to Bi-Annual Weed Abate 130,680 $5,334 $10,668 West End of Fire Station#4 (West of Campus)
Landfill/Drydock Depot- 15th Street E/O Campus, Bi-Annual Weed Abate 487,000 $19,884 $39,768 14th Street E/O Campus
Euclid Trail—Pepper Trees (910)—Prune Trunks& Bi-Annual Clean/Trim 910 Each $22 $20,020 Prune/remove low foliage to 10 feet high.

TOTALS - - -- ..M� ----- $ 135,216

EXHIBIT B

SCHEDULE OF SERVICES/COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost. Annual Cost DETAILS: W/M/Q Material Square (VV/M/Q)
Feet
LMD-2 N/O 1-10 FREEWAY TO
S/O FOOTHILL BLVD.

Parks
Citrus Park-8th St. W/O San Antonio Ave W Turf/Plant 252,218 $396 $20,592 Fern Reservoir Park-8th St. W/O Euclid Ave W Turf/Plant 47,480 $75 $3,900 Olivedale Park-8th St. E/O Euclid Ave W Turf/Plant 255,654 $401 $20,852 Memorial Park-Foothill Blvd &Hospital Parkway W Turf/Plant 1,484,939 $2,332 $121,264 Includes Animal Shelter&Landecena Landscaping
Cabrillo Park- 11th St E/O Benson Ave W Turf/Plant 881,451 $1,384 $71,968 Baldy View Park- 11th E/O Mountain Ave W Turf/Plant 223,074 $350 _ $18,200 Downtown (A St,9th St, C St, 1st,2nd, & 3rd Ave) ' 9th St Medians &2nd Ave Medians &All Planters M Plant Mat. 8,350 $57 $684 Tree Wells-(Irrigation) M Weed Abate 9,529 $65 $780 Vacant Lot-N/S A St. W/O Alleyway (E/O 1st Ave) Q Weed Abate 3,724 $75 $300 All City Parking Lots-1st N/O A St, A St W/O 2nd• M Weed Abate Various $68 $816 S/E/C&N/E/C 1st&C, S/W/C 3rd &C St.

Metrolink
Stowell &2nd Ave Parking Lot M Plant Mat. 29,906 $203 $2,436 Train Station Parking Lots-2nd Ave to 6th Ave M Turf/Plant . 133,222 $907 $10,884 Parking Lot W/O 2nd Ave M Turf/Plant 25,795 $176 $2,112 City Facilities-Includes All Parking Lots
City Hall, Library, Carnegie&Historic Fire W Turf/Plant 193,028 $303 $15,756 Senior Center W Plant Mat. 44,423 $70 $3,640 Parking Lot N/O Senior Center W Turf/Plant 111,132 $175 $9,100 Monte Vista Ave
Parkway-W/S Foothill Blvd to Arrow Route Q Weed Abate 20,027 $408 $1,632 Parkway-E/S Arrow Rt to 11th St Q Weed Abate 8,311 $171 $684 Median-S/O Foothill Blvd Q Weed Abate 2,271 _ $45 $180 Median-S/O 11th Street Q Weed Abate _ 13,102 $267 $1,068 Median-Arrow Route to Richton Street Q Plant/Weed 14,337 $294 $1,176 TOTALS _ - _ arm.
- - $308,024

EXHIBIT B

SCHEDULE OF SERVICES/COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE.LOCATION Frequency Type of . Total Unit Cost Annual DETAILS: W/M/Q Material Square (W/M/Q) Cost
Feet
LMD-2 N/O 1-10 FREEWAY TO
S/O FOOTHILL BLVD.

Mountain Ave Q _ Weed Abate 16,124 $330 $1,320 Median -Foothill Blvd to N/O 7th St M Plant Mat. 3,764 $26 _ $312 Median-S/O of 7th St
San Antonio Ave
Tree Wells-W/S N/O Amber Ct Q Weed Abate 698 $15 $60 Tree Wells-E/S 11th St to Foothill Blvd Q Weed Abate 2,487 $51 $204 Tree Wells-E/S 8th St to 9th St Q Weed Abate 6,324 $129 $516 Tree Wells-E/S 1-10 Freeway to 7th St Q _Weed Abate 2,721 $57 $228 Arrow Route/Highway
Parkway-N/S Claremont Blvd to Monte Vista Ave Q Weed Abate 10,224 $210 $840 Median -Claremont Blvd to Monte Vista Ave Q Plant Mat. 6,320 $129 $516 Parking Lot—S/W/C of Arrow Hwy and 3rd Ave M Plant Mat. 16,797 $114 $1,368 Easements-Arrow Hwy and San Bernardino Rd Q Plant 9,164 $186 $744 Various Locations
Benson Ave Parkway- E/S 8th St to Train Tracks Q Weed Abate 6,552 $135 $540 9th St S/S Parkway- San Antonio Ave to Q Weed Abate 6 752 $138 $552 194 N. Shasta Wy
Harrington Parkway&Easement- E/S 7th to 8th St. Q Plant Mat. 26,053 $531 $2,124 A St N/S Parkway-W/O 6th Ave W Turf 2,959 $5 $260 A St S/S Parkway-E/O 6th Ave Campus Ave & W Turf/Plant curves south to Train Tracks 5,636 $9 $468 Richland S/S Easement-Across from 571 Richland Q Plant Mat. 339 $6 $24 11th Ave Median—Between Mesa Ct. & 11th Street Q Plant Mat. , 43,560 $888 $3,552 Well Sites—Perimeter Parkways Only
City Well- 159 N. 6th Ave Q Weed Abate 3,039 $63 $252 City Well-467 S. Campus Ave Q Weed Abate 3,362 $69 $276 City Well- 149 N. Benson Ave Q Weed Abate 1,146 $24 $96 _ Well Site- 1258 W. 9th Street Q _ Weed Abate 2,210 $45 $180 TOTALS --- ..-� --- $ 14,432

EXHIBIT B

SCHEDULE OF SERVICES/COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual DETAILS: W/M/Q Material Square (W/M/Q Cost
Feet )
LMD-3 FOOTHILL BLVD. (ENTIRE/CITY LIMITS)
Foothill Blvd
N/S Parkway West of Dewey Way M Plant Mat. _ 8,634 _ $59 $708 Median- Monte Vista Ave to Dewey Way M Plant Mat. _ 19,406 $132 $1,584 N/S Service Road Island-West of Central M Plant Mat. _ 6,533 $44 $528 Median-Dewey Way to Central Ave M Plant Mat. 17,678 $120 $1,440 Vacant Lot East of Central Ave -N/S Q _ Weed Abate 20,492 $417 $1,668 Lot behind 1917 & 1923 W. Foothill Blvd. Q Weed Abate 7,413 $150 $600 N/S Parkway&Service Road Island-Central Ave to M Plant Mat. 12,571 1743 W. Foothill Blvd. $86 $1,032
Median West of Benson Ave M Plant Mat. 2,896 $20 $240 N/S Service Rd Island -Benson Ave to Mountain M Plant Mat. 18,158 $124 $1,488 S/S Service Rd Island - 1430 W Foothill to Mountain M Plant Mat. _ 20,134 $137 $1,644 Median-Benson Ave to Mountain Ave M Plant Mat. 12,772 $87 $1,044 N/S Service Rd Island - 1049 W Foothill Blvd. M Plant Mat. 1,197 $8 _ $96 N/S Service Rd Island -Mulberry to San Antonio _ M Plant Mat. 13,616 $93 $1,116 S/S Service Rd Island - 1156 W Foothill Blvd. M Plant Mat. 2,326 $16 $192 S/S Service Rd Island -886 W Foothill Blvd. M Plant Mat. 3,900 $27 $324 Median-Mountain Ave to San Antonio Ave M Plant Mat. 3,166 $22 $264 N/S Parkway&Service Road Island M Turf/Plant 42,568 $290 $3,480 San Antonio Ave to 255 W Foothill Blvd.

S/S Parkway&Service Road Island M Plant Mat.

San Antonio to Euclid 59,334 $404 $4,848
Median-San Antonio Ave to Euclid Ave M Plant Mat. 13,868 $94 $1,128 N/S Service Road Island-2nd Ave to 5th Ave M Plant Mat. _ 6,926 $47 $564 N/S Parkway-631 E Foothill Blvd. M Turf/Plant 3,951 $27 $324 S/S Parkway-60 E Foothill Blvd to 2nd Ave M Turf/Plant 11,928 $81 $972 S/S Service Road Island -3d PI to 5th Ave _ M Plant Mat. 4,038 $27 $324 S/S Service Road Island - 580 E Foothill Blvd M Plant Mat. 455 $3 $36 Median-Euclid Ave to Campus Ave. _ M Plant Mat. 14,288 $97 $1,164 N/S Service Road Island- Campus Ave to M Plant Mat. 15,000 1317 E Foothill Blvd. $102 $1,224
N/S Parkway-Hospital Parkway M Plant Mat. 4,523 $31 $372 S/S Service Road Island -920 to 930 E Foothill M Plant Mat. 1,058 $7 $84 Median-Campus Ave to Grove Ave _ M Plant Mat. 5,859 $40 $480 TOTALS _-._ ��~ --- $28,968

EXHIBIT B

SCHEDULE OF SERVICES/COMPENSATION

LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.

LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual DETAILS; VV/M/Q Material Square q (W/M/Q) Cost Feet
LMD-3 PACIFIC ELECTRIC BIKE TRAIL&
EUCLID AVE.S/O FOOTHILL TO 1-10 FREVWVAY
Pacific Electric Bike Trail
Bike/Walk Trail-East of Claremont Blvd. Q _ Plant Mat. 18,063 $369 $1,476 Bike/Walk Trail-Monte Vista Ave. to Grove Ave. Q _ Plant Mat. _ 1,145,307 $23,379 $93,516 Euclid Median
Euclid Median- North of Foothill . W Turf 6,172 $10 $520 Euclid Median-South of Foothill to North of 7th St. W Turf 318,071 $499 $25,948 Euclid Median-South of 7th Street W Turf _ 4,631 $7 _ $364 COMMUNITY FACILITIES DISTRICT- C.F.D.

HARVEST/SYCAMORE
Sycamore
Sycamore Linear Park—Baseline to North M Plant Mat. 43,995 $299 $3,588 Park View Promenade Median M Plant Mat. 11,117 $76 $912 Park View Promenade N/B Parkway M Plant Mat. 7,417 $50 $600 Park View Promenade S/B Parkway M Plant Mat. 13,811 $94 $1,128 16th St. Median M Plant Mat. 26,705 $182 $2,184 16th St. Parkway N/S M Plant Mat. 30,251 $206 $2,472 Harvest
Monte Vista Ave-Median N/O 11th Street M Plant Mat. 7,122 $48 $576 Storm Channel Easement W/S Q Plant Mat. 11,803 $240 $960 Storm Channel Easement E/S + S/S of Foothill Blvd. Q Plant Mat. 15,329 $312 $1,248
TOTALS .0/.1. �_� �'or Promo"' $ 135,492

EXHIBIT B

SCHEDULE OF SERVICES/ COMPENSATION
SCHEDULE OF PRICING —ANCILLARY/ EXTRA SERVICES
Unit Estimated Annual
Cost Annual Hrs. Cost
Labor

1.Laborer $ 40 /Hr. X 300 Hrs. = $ 12,000

2.Irrigation Technician $ 60 /Hr. X 200 Hrs. = $ 12,000

3.Crew Foreman $ 48 /Hr. X 200 Hrs. = $ 9,600

4.Supervisor $ 65 /Hr. X 40 Hrs. = $ 2,600 II. Hand Power Tools

1.Chain Saw $ 65 /Hr. X 200 Hrs. = $ 13,000

2.Weed Cutter/Trimmer $ 40 /Hr. X 200 Hrs. = $ 8,000

3.Hedge Trimmer $ 48 /Hr. X 200 Hrs. = $ 9,600 Ancillary/Extra Services Total Annual Cost: $ 66,800

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. 7-21-25
Date Sig ature of authorized individual
BrightView Landscape/Rene Rivera
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.

c„44°� up CIoFUPLAND
, �` "The City of Gracious Living"
o -
DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

JESSICA ESCOTO,RECREATION&COMMUNITY SERVICES MANAGER

MEGHAN MEADE,RECREATION&COMMUNITY SERVICES SUPERVISOR
SUBJECT: CONSIDER APPROVAL OF A JOINT FACILITIES USE AGREEMENT WITH WESTERN

CHRISTIAN HIGH SCHOOL
RECOMMENDED ACTION:

It is recommended that the City Council approve the Joint Use Agreement between the City of Upland and Western Christian High School and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining positive relationships with community partners, maximizing community use of existing infrastructure,enhancing youth and school sports programs,and strengthening public-private collaboration for the mutual benefit of Upland residents and students.

BACKGROUND
Western Christian High School has historically utilized the athletic fields at Greenbelt and Memorial Parks for their softball and baseball programs,while the city has made use of their gymnasium to host youth basketball programs.

ISSUES AND ANALYSIS
The City seeks to maintain its collaborative partnership with Western Christian High School by continuing to grant access to City fields,now subject to applicable lighting fees.In return,the Agreement will secure future opportunities for the City to utilize Western Christian High School's facilities for recreational programs and community events.

ENVIRONMENTAL DETERMINATION
The proposed action is entering into a joint use agreement with the City of Upland and Western Christian High School for the use of athletic facilities and recreational facilities within the City of Upland and at Western Christian High School,and 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.

JOINT USE AGREEMENT BETWEEN

THE CITY OF UPLAND AND

WESTERN CHRISTIAN HIGH SCHOOL
This Joint Use Agreement(the "Agreement") is made and entered into as of August 1, 2025 (the "Effective Date"), by and between the CITY OF UPLAND, a municipal corporation of the State of California ("CITY") and WESTERN CHRISTIAN HIGH SCHOOL, a private school ("School"). CITY and SCHOOL may hereinafter be referred to individually as "Party" or collectively as "Parties."

DEFINITIONS
A. "Facility" means any space, indoor or outdoor, utilized for gatherings or recreational activities. Examples include gymnasiums, athletic fields, or theaters.
a. CITY facility details can be found in Exhibit A.
b. SCHOOL facility details can be found in Exhibit B.

B. "Storage" means any portable or fixed space adjacent to a facility utilized for storing equipment and supplies intended for specified activities at said facility.

INTENT OF THE PARTIES
A. CITY owns and controls multipurpose facilities at various locations throughout the City. CITY will make said facilities available to the SCHOOL, subject to the terms of this Agreement, for the sole purpose of SCHOOL holding student activities or competitions and employee gatherings.

B. SCHOOL owns and controls a multipurpose facility located at 100 W. 9th Street, Upland, California and SCHOOL will make facilities at this location available to and for use by CITY and its residents, subject to the terms of this Agreement, for the sole purpose of CITY providing recreational programs offered through the Upland Recreation and Community Services Division.

C. CITY will not charge SCHOOL any user fees for SCHOOL's use of facilities for student activities or competitions and employee gatherings.

D. SCHOOL will not charge CITY for use of facilities for recreational programs or events offered through the Upland Recreation and Community Services Division.

E. SCHOOL will provide CITY, in writing, with request for facility use(s) seasonally, or based on single-use needs as required through City's Administrative Policies for Facilities and Athletic Facilities.

F. CITY will provide SCHOOL, in writing, with request for facility use(s) seasonally, or based on single-use needs as required through the Facility Request Form process.

G. This Agreement will define the relationship of CITY, and SCHOOL in the use, operation and management of the respective facilities.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, CITY and SCHOOL agree as follows:

AGREEMENT

1. Use and Occupancy of SCHOOL facilities. SCHOOL hereby agrees to permit CITY to use specified facilities subject to the terms and conditions of this Agreement. For the purposes of this Agreement, SCHOOL shall have the right in its sole discretion to delegate its use of its facilities to CITY.

2. Use and Occupancy of CITY facilities. CITY hereby agrees to permit SCHOOL to use facilities subject to the terms and conditions of this Agreement. For the purposes of this Agreement, CITY shall have the right in its sole discretion to delegate its use of its facilities to SCHOOL.

3. Term of Agreement and Extensions. The term of this Agreement shall be five (5) years, beginning on August 1, 2025 ("Commencement Date") and expiring on July 31, 2030 ("Expiration Date"), unless extended or earlier terminated as provided for in this Agreement.

3.1 Extensions. This Agreement will be extended for two (2) five (5)-year extension terms, which, including the initial term, comprises a total of fifteen (15) years. Each extension will automatically be implemented unless either Party gives notice to the other Party to terminate at least one (1) year prior to the expiration of the initial term or any extension.

4. Rent. As a rule, CITY will not charge SCHOOL rent or for other costs relating to the use of any facilities for student activities or competitions or employee gatherings during the established school year. For any other use SCHOOL shall pay CITY fees or costs set forth in City's published fee schedule.

SCHOOL will not charge CITY rent or for other costs relating to the use of facilities for recreational programs offered through the Upland Recreation and Community Services Division.

An exception to the aforementioned rule pertains to the softball,baseball and flag football programs.

Athletic Facility use at Greenbelt, Memorial Parks and Cabrillo Park(when available)will be charged as follows:

A. Fees for activities scheduled during the official spring season (as specified annually by the California Interscholastic Federation)will not be charged.

B. Fees for activities that fall during the official school year(as specified annually by SCHOOL) and are scheduled Mondays through Fridays will not be charged. Activities scheduled on weekends are subject to fees but will be assessed on a case-by-case basis by CITY.

C. Fees for field lights will be charged in accordance with the rate established in City's Master Fee Schedule.

D. Fees for activities that fall outside of the official school year(as specified annually by SCHOOL) are subject to user fees and will be assessed at the Group 2 rate (as specified in City's Master Fee Schedule).

E. Fees (as specified in City's Master Fee Schedule)will be assessed for any multi-team tournaments scheduled regardless of time of the year.

5. Requirements imposed upon CITY as conditions to use facilities. As material consideration for its allowing CITY to use facilities, SCHOOL requires, and CITY agrees to be subject to, the following:

A. CITY shall not make any physical changes, either temporary or permanent, to any facility without SCHOOL's prior written approval.

B. Upon demand by SCHOOL, CITY shall immediately pay to SCHOOL any monies due and necessary to pay for the repair of any damage to any facility that occurs as a result of CITY's use of the facility.

6. Requirements imposed upon SCHOOL as conditions to use facilities. As material consideration for its allowing SCHOOL to use facilities, CITY requires, and SCHOOL agrees to be subject to, the following:

A. SCHOOL shall request facilities per City's Administrative Policy for Facilities and Athletic Facilities and have priority use of requested facilities, so long as the facilities have not previously been reserved by another entity.

The baseball and softball programs shall provide to CITY detailed schedules for Fall and Spring programming including, but not limited to dates and times for games,practices, scrimmages, and tournaments. Schedules shall be submitted in accordance with City's Administrative Policy for Athletic Facilities.

B. SCHOOL shall not make any physical changes, either temporary or permanent, to any facilities without CITY's prior written approval.

Should SCHOOL desire to complete capital improvements to any facility, a Special Project Permit Process and Application form (Exhibit C) must be submitted and approved by CITY prior to construction being commenced.

C. Upon demand by CITY, SCHOOL shall immediately pay to CITY any monies due and necessary to pay for the repair of any damage to any facility that occurs as a direct result of SCHOOL's use of the facility.

7. Maintenance and Repairs. Both Parties shall be responsible for the routine maintenance of respective facilities at their sole expense. Should the need for additional repairs be identified, the requesting entity must submit the request for a reasonable repair in writing and the responding entity must prioritize the repair at its earliest convenience.

SCHOOL on behalf of softball and baseball programs is permitted to address necessary maintenance and/or repair needs at Greenbelt and Memorial Parks at its expense. However a request to do the work is required to be submitted to CITY by submitting an External Maintenance/Repair Proposal form (Exhibit D), and any such work shall require written approval by City prior to being undertaken.

8. Termination.

A. Either CITY or SCHOOL may terminate this Agreement for any reason by giving ninety (90) calendar days' written notice to the other Party. Notice of termination may be given by personal delivery, overnight courier or certified mail, return receipt requested.

B. If not otherwise terminated, this Agreement shall terminate upon the earlier to occur of the following circumstances: a) by mutual written agreement of the Parties; or b) the conclusion of its term or extended term.

9. Force Majeure. Neither Party shall be liable in damages, and this Agreement shall not be terminated for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, critical incidents, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected.

10. Non-Waiver. No delay or omission to exercise any right or remedy of either Party upon any breach by the other Party under this Agreement shall impair such right or remedy of the non-defaulting Party; nor shall such delay or omission be construed as a waiver of any such breach, or of any similar breach thereafter occurring; nor shall any waiver of a single breach be deemed a waiver of any subsequent breach. All waivers under this Agreement must be in writing. All remedies either under this Agreement or by law afforded to either Party shall be cumulative and not alternative or exclusive.

11. Indemnification. SCHOOL shall indemnify, defend and hold harmless CITY, its officials, officers, employees, volunteers, and agents from any and all claims, demands, causes of action, losses, damages, costs and expenses of any kind arising from SCHOOL's acts or omissions under this Agreement, including but not limited to any damage to the property of CITY caused by SCHOOL including, without limitation, its students.

12. Insurance.

A. SCHOOL shall provide and always maintain the following insurance:
i. SCHOOL shall maintain or cause to be maintained in full force and effect during the term of this Agreement, at SCHOOL's sole cost and expense, a policy of comprehensive general liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury, death and property damage covering any accident or incident arising in connection with the performance of this Agreement.
a. Such coverage shall also contain an endorsement providing for coverage of employer's automobile non-ownership liability. Coverage shall include, but not be limited to, personal injury liability, premises and operation, blanket contractual, cross liability, severability of interest, broad form property damage, and independent contractors.
b. CITY and its officials, officers employees and agents shall be named as an additional insured under such insurance policy. Such insurance shall be primary and noncontributing and shall not be cancelable or subject to reduction of coverage or other modification without thirty (30) days prior written notice to CITY.
ii. SCHOOL and its agents shall maintain or cause- to be maintained such workers' compensation insurance as is required by state law to the extent SCHOOL has employees working on or in connection with the performances authorized by this Agreement.

To the extent SCHOOL hires contractors to perform services at any facility, SCHOOL shall require such contractor(s) to carry the coverage required by this Section 12A, to name the CITY and its officials, officers, employees and agents as an additional insured, and to provide certificates and endorsements to the CITY evidencing such coverage.

B. Waiver of Subrogation.

The Parties release each other, and their respective authorized representatives, from any claims for injury or damage to any person or to any facilities and to the fixtures, personal property, improvements, and alterations in or to any facilities from risks insured against under any insurance policies carried by the Parties and in force at the time of any such damage.

C. Notice.
i. The Parties shall deliver one to the other within thirty (30) days of the execution of this Agreement and on each anniversary of the date first set forth above, or any renewal thereof, a written certificate of insurance and additional insured endorsements:
a. Stating that the policies in effect and required by this Agreement satisfy the requirements of this Agreement;
b. Setting forth the insurance policies then in force; and, c. Setting forth the names of the insurers that issued the policies, the amounts thereof and the risks covered, and with a minimum AM Best rating of A-:VII.

D. The Parties may comply with the above requirements through programs of self- insurance reasonably acceptable to the other Party.

13. Successors. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of CITY and SCHOOL respectively.

14. Entire Agreement. This Agreement contains the entire agreement between CITY and SCHOOL and constitutes the complete, final and exclusive embodiment of their agreement with respect to the subject matter thereof. It supersedes all prior negotiations and agreements, whether written or oral, relating to its subject matter.

15. Severability. Should any provision of this Agreement, for any reason, be deemed or held invalid or unenforceable, in whole or in part, by a court or other legally authorized body, such provision shall be enforced to the maximum extent possible, and the remaining provisions of this Agreement shall remain in full force and effect.

16. Amendment. This Agreement may be amended or modified only by a separate written agreement duly executed by authorized representatives of each of the Parties hereto, which specifically refers to this Agreement.

17. Notice. For the purposes of this Agreement, any notices required or otherwise given to the Parties hereto shall be given in writing and by personal service or by first class mail, postage pre-paid, at the address specified below, or to such other address as each Party may substitute by written notice to the other.

Notice shall be deemed complete upon personal service or, if by mail, five (5) days after the date of the postmark thereon.

Addresses for Notice:

Western Christian High School City of Upland
100 W. 9th St. Recreation and Community Services Division Upland, CA 91786 460 N. Euclid Avenue
Upland, California 91786

18. Effective Date. The Effective Date of this Agreement shall be the date appearing in the opening paragraph of this Agreement which sets forth the Parties.

19. Applicable Law. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California.

20. Forum Selection. If dispute resolution is otherwise unattainable, the Parties hereby agree to resolve any and all disputes in legal forums located within San Bernardino County, California.

21. Representations. Each Party hereby warrants that it has exclusive AUTHORIZATION to execute this Agreement, and that the representatives of each Party who sign below have full legal AUTHORIZATION to bind the Party to the terms and provisions of this Agreement.

22. Non-Assignability. Neither Party shall assign its rights or interest in this Agreement or any portion thereof to any third party, without the prior written consent of the other Party, which specifically references this Agreement and this paragraph. Any attempted assignment in violation of this Section 22 shall be null and void.

23. Independent Contractors, Not Employees. It is expressly understood and agreed by the Parties hereto that SCHOOL, and its employees, contractors, and other representatives, while engaged in carrying out and performing services related to this Agreement, are independent contractors and not an official, officer, agent or employee of CITY for any purpose.

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

CITY: SCHOOL:

City of Upland Western Christian High School By: By:

Name: Michael Blay Name: Brandon Doolittle
Title: City Manager Title: Principal
Approved as to Form:

Best Best& Krieger LLP
City Attorney
Attested By:

Keri Johnson, City Clerk

EXHIBIT A
City of Upland Facility List
Park Location/Address Reservable Amenities Cabrillo Park 11th St. between Benson and Mountain Ave Basketball Courts, Picnic Areas (3), Soccer Fields (6)
Citrus Park 8th St. between Mountain and San Antonio Ave Baseball Field, Picnic Area Greenbelt Park 15th St. between Benson and Mountain Ave Softball Fields (3), Picnic Area Magnolia Park 15th St. between San Antonio and Euclid Ave Picnic Areas (2) McCarthy Park 20th St. and San Antonio Ave Basketball Courts, Gazebo Memorial Park Foothill Blvd. between Campus and Grove Ave Basketball Courts, Baseball Fields (3), Picnic Areas (3), Bandshell,
Kitchen, Skate Park
Olivedale Park 8th St. between Campus and Sultana Ave Baseball Field, Picnic Areas (2) San Antonio Park 24th St. and Mountain Ave Baseball Fields (2), Picnic Area Sierra Vista Park 15th St. between Euclid Ave and Campus Picnic Areas (2), Open Grass Facility Address Reservable Rooms
Magnolia Recreation Center 651 W. 15th St. North Hall South Hall
Landecena Community Building 1325 San Bernardino Rd. Main Hall Gibson Senior Center 250 N. 3rd Ave Dining Hall (kitchen available) Dance Room
Computer Lab/Art Room
Game Room
Billiards Room
Carnegie Library Building 123 East D Street Great Room

EXHIBIT B
Western Christian High School Facility List
School Address Reservable Amenities/S s aces
Western Christian High School 565 West 1 1th St. Sanctuary VPAC Room
Football/Soccer Field
Indoor Gym
Outdoor Amphitheater
Classrooms

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):

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):

V 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. 08/04/25
Date Signatu of horized individual
Western Christian High School
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.

4<�°F °p`q� CITFUP LAND
o "The City of Gracious Living"
- -
DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF

ANDREW MCCULLOUGH,POLICE SERGEANT
SUBJECT: CONSIDER ACCEPTANCE AND EXPENDITURE OF 2024 JUSTICE ASSISTANCE GRANT FUNDS
RECOMMENDED ACTION:

It is recommended that the City Council accept the City's share of the 2024 Justice Assistance Grant(JAG)award in the amount of$20,960, appropriate the grant funds to Fund 219, approve the purchase of one (1) DPM Tactical Surveillance Pole Camera and accessories from Valorence, LLC at a cost of$20,230.06, and authorize the City Manager to execute any and all documents necessary to implement the grant.

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

BACKGROUND
The U.S. Department of Justice has released the local solicitation for Justice Assistance Grant (JAG) under the American Recovery Act. JAG funds can be used for law enforcement programs, prosecution and court programs, prevention and education programs, corrections and community corrections programs, drug treatment and enforcement programs, planning, evaluation, and technology improvement programs, crime victim and witness programs. As such,police agencies are allowed flexibility to prioritize and use the funds where they are needed most.

ISSUES AND ANALYSIS
Staff met to discuss how these funds best serve the needs of the Police Department. Staff decided the purchase of an HD Tactical Surveillance Pole Camera would be the best use of the funds The pole cameras will enhance security and public safety within the City of Upland and provide the Upland Police Department with 24/7 eyes on the ground in high-risk areas associated with illegal dumping, vehicle crime, theft, drug dealing, gang culture and other criminal activities.

The DPM pole camera with box style enclosure is a sole source/single manufactured product.The DPM Pole Camera has been designed and manufactured exclusively by Valorence,LLC(DBA: Covert Law Enforcement). The Upland Police Department currently owns other Valorence, LLC DPM pole cameras and utilizes a sole interface to view videos in the crime areas where they are placed. Purchasing the DPM pole camera from Valorence,LLC will allow for the use of the same interface as previously purchased Pole Cameras. Attached to this staff report is a sole source letter and a quote for the above-mentioned equipment.

The total cost for the DPM Tactical Surveillance Pole Camera and accessories is$20,230.06. The remaining$729.94 will be used to purchase any additional accessories for the pole camera prior to the expiration of the grant.

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 grant revenue in the amount of$20,960 will be deposited into the Public Safety JAG Grants Account No. 2190000-4434-32017 and expenditures appropriated to the 2024 JAG Other Equipment Account No.2193201-5233- 32017.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Department of Justice (DOJ)
7 iX\
Office of Justice Programs
sp' , Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF UPLAND
1499 W 13TH ST
City, State and Zip: UPLAND, CA 91786
Recipient UEI: WR3XEAJCJHH1
Project Title: Upland Police Department 2024 Award Number: 15PBJA-24-GG-04652-JAGX Justice Assistance Grant Projects
Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant(JAG) Program - Local Solicitation Federal Award Amount: $20,960.00 Federal Award Date: 12/4/24 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: 0
Assistance Listing:

16.738- Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/25 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/25 Project Description:

The City of Upland Police Department will use JAG funds to purchase HD Tactical Surveillance Pole Cameras for utilization during critical incidents. The pole cameras will enhance security and public safety within the City of Upland and provide the Upland Police Department with 24/7 eyes on the ground in high-risk areas associated with illegal dumping, vehicle crime, theft, drug dealing, gang culture and other criminal activities Page: 1 of 4

Award Information
Application Number Funding Instrument Type:

GRANT14274847 Grant
Award Number Supplement Number
15PBJA-24-GG-04652-JAGX 00
Award Acceptance Date
03/19/2025 06:02 PM EDT
Assistance Listings Number Assistance Listings Program Title

16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No. 90-351,Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).

Page:2 of 4

Current Authorized Representative
Title of Authorized Representative
no value
Name of Authorized Representative
Michael Blay
Solicitation Information
Solicitation Title
2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Project Title
Upland Police Department 2024 Justice Assistance Grant Projects Project Description
The City of Upland Police Department will use JAG funds to purchase HD Tactical Surveillance Pole Cameras for utilization during critical incidents. The pole cameras will enhance security and public safety within the City of Upland and provide the Upland Police Department with 24/7 eyes on the ground in high-risk areas associated with illegal dumping,vehicle crime,theft,drug dealing,gang culture and other criminal activities
Page:3 of 4

Project Budget Summary
This award did not receive a budget review as indicated by the budget review selection made when publishing a solicitation. cQ
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VAL1 ] REN CE
918 W 700 N Ste 111 C EVERT
Logan, Utah, 84335 LAW ENFORCEMENT
QUOTE
1 - DPM Pole Camera (High Performance)
1 - 5G Enabled Router
1 - 1TB Onboard Storage
1 - DPM IR Flood Light 940
1 - Street Light Power Tap
1 - Full Warranty 1 Year Extension (2 years total coverage) Note:All Advanced Covert Law Enforcement Surveillance Systems come with a full one year manufacturer's warranty on all parts and labor. 1 year extension(s) of the Mission Critical Warranty and Support is an extension beyond that first year, and can be renewed up to 5 years.

Quote No.: QUOTE-PD 2040A Prepared for: Upland Police Department- Quote Date: 2025-07-31 California
Exp. Date: 2026-02-01 Upland California 91786 or 6 Months from Issuance
Date, whichever is sooner.

Name Price QTY Subtotal

VA L Ejl' R E N 0 E
DPKH Pole Camera (High Performance) $13,200.00 1 $13.200.00 V1130
(GSA Items ' OPMHPUP8GSA and OPMBGSA)
Overview: Remotely Operated & Managed Surveillance System with Rapid Deployment Pole or vehicle mount surveillance solution,The ability to deploy this system covertly orin a high- visibility manner io one of the key features.

CAMERA: Axis 081 series PTZ camera 30X Optical Zoom or
Better, Tilt Rung* 180 Ligh1finder2.0 Min |uminoiinn Light sensitivity (8/W)8.02 Min illumination /light sensitivity (Co|ur) 0,01 Electronic Image Stabilization Autokocking2Operating temperature-30ha5O Electronic Image Stabilization Auto- Tracking 25SG8ON-BOARDSTDRAGEUpgradeab|eto512gb
or1T8 High-Performance Router with multiple Fai|nafeo
ENCLOSURE: Remotely Operated and Managed Covert Pole
Camera system Custom Three (3)Window Enclosure designed byus (CLE) Enclosure &System that appears oa standard power pole mounted electrical enclosure.The DPK1 has versatile deployment options such muooa power pole, streetlight, rooftop, residential or business windmw, vehicle with an optional vehicle mount and battery pack
The aluminum enclosure has e utility-grade design that is built for harsh outdoor elements and environments. The DPM can be deployed in extreme environments (Deserts, High Altitudes, Oceanside Locations) and temperatures ranging from -25fto115f.

The OPM has o durable powder-coated gray oxtorio((Other colors by request)with o quick deploy bracket mount. The DPM has acrylic tinted windows with perforated vinyl decals and ehigh- gain external 4Q LTE antenna. +
ROUTER: 4GLTERouter/Modem FimtN*t Available Public
Safety Network Certified. Networks Available:AT&T, Vehzon, Sprint, Te|s1m. lcyNubi|*. U.S, Cellular, BeU, Rogem, TELUS, Vndafnne, EE, OptuaVW-Fi 802,11 a/b/g/n/eu
CLE SMART CONTROL SYSTEM: Web interface to monitor
system, including temperature and power I Scheduled Daily System Restart I Ability by schedule system standby Uosave battery IEmaiyS[NS Text notifications for alarms I Key Fob Remote restart Fai|overI Restart system from web interface �

VALL;iiij
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Temperature controlled fan and overheat protection | Low battery � | |
email notification high-temperature notifications and protective system shutdown
| !
POWER: Input AC: QO-26OV-AC. 60 watts, 5O-8OHz Input DC: 12 V-DC(5A Fused)(Powered from Battery Pack, Vehicle, orSolar) Standard Protections: Reverse Polarity/short circuit/overload /
over voltage/over temperature GENERAL INFO: Operating
Temperature: -30Fho14OF (-35Cto0OC) Storage Conditions: -4O CVu7OC (-4OFto15OF)
ITEMS INCLUDED WITH PURCHASE: Quick Mount Power Pole
Bracket and Pin (Lag bolts not included) Stripped 14AVV0 Power Cable for Lineman to connect Uo Power Line 20-fock1GAVVGAC Power Extension Cord Perforated Window Decals , Components outlined that Qo end uf life may be replaced with un equal or better component. Power tap available upon request only ------------
'
Page101of104

VAL [3 ENCE
Pep|ink BRI Pro 5G Router $1,500.00 1 $1,500.00 A0000O-5QH
^ Cellular- 1
, Ethernet WAN 1(23G)+
^ Ethernet LAN 2(GE)+
` Router Throughput 1Gbpu
^ SpeedFuoionVPN Throughput(No Encryption)400Mbpo
^ SpeedFueionCPN Throughput(256'bit-AES) 10Ok4bpo
' VVi-FiAP
^ Wi-Fi WAN
^ GP0
^ Recommended Users 1 - 15U
^ Number ofSpoedFuaionVPN Peers 2/5^
, Maximum Number o/AP Supported 3U
^ LTE Category options 1x5G
^ Band 71
` VW'Fi Radio- Dual (2.4GHz + 5GHz) 2x2 VVi-Fi G
^ Transmit Pmwe,(2.4GHz. single chain)'34dBm
^ Transmit Power(5GHz, single chain) - 26dBm
^ k1ultip/eSS|Ds
^ Captive Portal
` GPS
^ Ignition Sensing
, Drop-In-Mode
^ High Availability
^ |PPaeothrmgh
^ PepwuveAP Series Management
^ Remote AP& Multiple Con5g Profiles Management
` Wan aaLan
^ Web Blocking
^ Web Filtering Blacklist
^ |nCnnhn| Cloud Management
1TB Onboard Storage $800.00 1 $600.00 AOUOU0-1T8
Upgrade uf internal onboard storage to1TBcapacity

VALJ RE N CE
DPM IR Flood Light 940 $1,750.00 1 $1,750.00 A00000-940
(GSA Eligible Item EIRGSA)
External Integrated IR Lighting System designed to work with our covert camera systems in order to provide a reliable covert IR lighting option. The IR Illuminator can be attached directly to the external DPM Pole Camera enclosure, or used independently and attached to the power pole (or other objects)with the Pole Cam Mini,The Box, or the All-In-One.

Street Light Power Tap $125.00 1 $125.00 A00000-SLP
20'AC Power Tap that plugs into the CNLINKO power plug. sew it

VALIJ RENCE
DPM Pole Camera w/IR Light 1 Year Extended Full $1,275.00 1 $1,275.00 Warranty
WV1100-IR1
All Advanced Covert Law Enforcement Surveillance Systems come with a full one year manufacturer's warranty on all parts and labor. This 1 year extension of the Mission Critical Warranty and Support is an extension beyond that first year, and can be renewed up to 5 years.

Warranty Services:
• Basic Training
-9:00 AM to 5:00 PM (MST) phone assistance
- New officer training
-Assistance setting up preset positions
-Verification of cell signal on router/modem, camera and the control module
- Basic video retrieval support using native software
• Deployment Assistance
• Unlimited Email Support
-48 hour response and unlimited time for follow up via email or phone until the problem is solved or equipment is returned for full evaluation.
• Level 2 Phone Support
-9:00 - 5:00 PM (MST)
- Remote troubleshooting to exhaustion.All components in the system will be remotely accessed, reviewed, updated and configured as much as possible. Troubleshooting of components and remote access will include but are not limited to the camera, router, control module, through use of data , SMS, RF and hard resets, including factory resets when necessary and available. - System changes like switching cellular carriers and assisting the agency's IT department with policy changes or security concerns. • Software/Firmware/Operating System Updates
-All cloud-based platforms that are accessible to Valorence are updated and current with software and firmware.
• 24/7 On Call Mission Critical Phone Support
- If off hours support is needed a detailed message can be left and upon verification of Mission Critical Warranty and support we will call you back within 20 minutes
- Repair and Triage Return (Priority 1)
- Labor for the Replacement of all Components
- Replacement Components

VALJ RE N CE
- One-Way Return Shipping Only (Shipment into the repair facility is not included and It is the client's responsibility to ship the system in. Under some circumstances, Support may send a shipper but this is completely at the discretion of Valorence, LLC support staff).

Not Covered:
• Theft/ Damage due to negligence, natural disasters, Vandalism, or inadequate deployment. Valorence, LLC is
not responsible for client cellular plan costs, overages, additional features, activations, cellular coverage, signal • strength, data caps, usage, system overload, or network speeds.
• Shipping into the facility for repair- May be covered under some circumstances but is at the sole discretion of the Valorence support team.

Warranty Void:
• Tampering,disassembly, unauthorized reprogramming or reconfiguring
***After 5 years of coverage from the date of first delivery the warranty becomes limited and components and shipping are no longer covered.
guarantee=I
probe ill—�. 6 )assur nce ( �'ii
ligi
Shipping - DPM/CLE Pole Camera $325.00 1 $325.00 SV2100
'ups
$18,775.00
Tax (7.75%) $1,455.06
Total $20,230.06

VALJ RE N CE

SOLE SOURCE
To Whom It May Concern:

This letter is to confirm that the DPM Pole Camera -with box style enclosure is a sole source/single manufactured product. The DPM Pole Camera has been designed, and manufactured exclusively by Valorence, LLC (DBA: Covert Law Enforcement) in North Logan, Utah USA.

The DPM Pole Camera has a pan-tilt-zoom IP camera housed in a unique covert weather resistant powder- coated aluminum enclosure, designed and manufactured by Valorence, LLC (DBA: Covert Law Enforcement). The DPM Pole Camera enclosure allows the camera to have 250+ degree horizontal view.

The system can be deployed in an overt manner in which the camera and purpose of the camera is obvious and well identified, or it can be deployed to appear as a utility box on a utility power pole, street light pole, or other deployed location. The DPM Pole Camera is attached to the utility power pole, or other location, using the CLE Quick Mount Bracket.

Valorence, LLC equipment offers a unique combination of hardware and software which allows the various systems unique functioning capabilities. Including, but not limited to:

1. The DPM Pole Camera preserves officer safety by significantly reducing any down time, and by limiting on-site officer interaction with the equipment. Officer interaction with the equipment can cause suspects to be suspicious of the investigation and can change criminal behavior to present more dangerous situation for the officers conducting the investigation, and witnesses that may be involved. The way the DPM Pole Camera does this is through a unique and secreted software/ hardware combination that is used to remotely monitor, control, and manage all aspects of the system, including individual components. This control module allows for the system to be managed and even fixed remotely, reducing officer danger and travel time. This hardware/software also protects against attempts against the system, extreme temperatures, access logins, battery status, shock detection, and daily system reboots. The control module also protects the equipment in extreme temperatures and allows the system to be reset and reconfigured using SMS text messaging, cellular data connection, Wi-Fi, or radio frequency remote switches.

2. 24/7 mission critical support and the unique hardware /software that is secreted by Valorence, LLC allows for end users to be trained remotely and allows them to remotely manage and maintain all aspects of the systems software, including firmware updates, setup daily programmed notifications (sms text and/or email), and cell phone access/review.

3. The DPM Pole Camera uses specific connectors and interchangeable components to provide the best possible deployment for the large range of deployment environments, including options for specific external lighting with limited light frequencies that make the light invisible to the human eye.

These components can be changed out and serviced by the end user under direction of Valorence, LLC to reduce turn around time on any returns or component failures.

VALJ RE N CE

4. The DPM Pole Camera weighs less than 20 lbs, has a protective built-in case with carry handle allowing the unit to easily be moved, stored, and deployed quickly The DPM Pole Camera can be deployed very quickly in a covert manner to avoid detection of law enforcement while deploying the unit or after deployment. When needed the DPM Pole Camera can quickly transition to a high visibility surveillance system to identify law enforcement presence.

5. The DPM Pole Camera has a CLE Quick Mount Bracket for rapid deployment. The CLE Quick Mount Bracket is designed, manufactured, sold and distributed by Valorence, LLC

6. The DPM is compatible with Axon Evidence, Milestone, and other video management Systems.

The configuration of the electrical components is maintained in secret by Valorence, LLC and is not replicated by any other private or public entity.

Please contact me directly with any questions regarding this statement or with any questions regarding our equipment or further clarification on any of these statements.

Regards,
C.Slim 2025-08-05
Slade C. Gurr
Co-Founder
Valorence,LLC(DBA:Covert Law Enforcement) VA L L 1 R E N C E *.# � s Main:1756 North 8150 West,Mendon,UT 84325
*t* *w*;* Mailing 649 N 170 E,Smithfield.UT,UT,84335

V E R T
Physical:3002 North Main,North Logan,UT,84341 ` a Alf 888.621.5558• www.valorence.com L A W ENFORCEMENT - •Est.2010•[email protected]

G'ti.4°F °p`qt CI TFUPLAND
.", 1` "The City of Gracious Living"
''' 5 oid.

DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT DALQUEST,DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO,HOUSING MANAGER
SUBJECT: CONSIDER APPROVAL OF 2025 WEED ABATEMENT PROGRAM SPECIAL

ASSESSMENT LIST AND PLACING THE LIST ON THE PROPERTY TAX ROLL RECOMMENDED ACTION:

It is recommended that the City Council approve the 2025 Weed Abatement Program Special Assessment List and authorize staff to submit the list to the San Bernardino County Tax Assessor's Office for placement of special assessments on the property tax roll.

GOAL STATEMENT
The proposed action supports the City's goal to promote and enhance the quality of life in Upland by removing public nuisances with the potential of jeopardizing the health and safety of the community from private and public properties.

BACKGROUND
On February 10, 2025, the City Council adopted Resolution No. 6821 declaring unmaintained weeds, grasses, and vegetation and dead or dying and combustible debris a public nuisance, as well as a fire hazard and dangerous to persons and properties within the City. This program is intended to protect the health, safety, and welfare of the community by minimizing public nuisances and to minimize fire hazards. To prepare for the Weed Abatement season, over the past seven(7)months staff inspected over 22,000 parcels.

On July 28, 2025, the City Council approved the Weed Abatement Program Infraction Log and authorized staff to abate the public nuisance.

While voluntary compliance is strongly encouraged, several properties were unable to correct these issues within the given deadlines. A special assessment will be placed on the property owner's tax bill to cover any unresolved fees or fines placed on the property or abatement conducted by the City.

ISSUES AND ANALYSIS
For the Weed Abatement Inspection Program, a total of 246 properties have been identified for having outstanding fees,fines or in need of abatement totaling$61,180. More specifically, • 246 properties—Unpaid Notices to Comply($115 fine/Total: $28,290) • 38 properties—Unpaid 2nd Notices to Comply($115 fine/Total: $4,370) • 18 properties—Unpaid Notice to Comply,Abate and Warrant($755 fine/Total: $16,720) • 16 properties—Warrants(Total$4,400)
• 2 properties—City coordinated property abatements(Total: $7,400) Attached to this staff report is a list of the above-mentioned properties having unresolved fees or fines. Staff are required to receive City Council approval in order to forward this list to the San Bernardino County Assessor's Office prior to the August deadline. Once approved,a special assessment will be placed on these properties that will require the property owner to pay these costs at the time their property taxes are due.

ENVIRONMENTAL DETERMINATION
Implementation of the Weed Abatement Program is exempt and not subject to the California Environmental Quality Act(CEQA)per Section 15378 of the CEQA Guidelines.The proposed action is not included within the definition of a"project"under CEQA and thus is exempt.

FISCAL IMPACTS
Any fees collected by the Weed Abatement Program will be returned to the Program to partially offset administrative costs.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

2025 WEED ABATEMENT PROGRAM-SPECIAL ASSESSMENT LIST
NOTICE TO 2nd Notice NOTICE TO ABATEMENT
LOCATION APN COMPLY to Comply ABATE WARRANT_ SERVICES TOTAL 11021 MESA CT,Upland,CA 91786 104611109 $115.00 $440.00 $200.00 $755.00 2 1081 N 5TH AVE,Upland,CA 91786 104552412 $115.00 $440.00 $200.00 $755.00 3 1252 E 7TH ST,Upland,CA 91786 104718102 $115.00 $440.00 $200.00 $3,800.00 $4,555.00 4 1364 WINN DR,Upland,CA 91786 100722404 $115.00 $440.00 $555.00 5 1372 BOWEN ST,Upland,CA 91786 104650148 $115.00 $440.00 $200.00 $755.00 6 1374 WINN DR,Upland,CA 91786 100722403 $115.00 $440.00 $555.00 7 1377 N 5TH AVE,Upland,CA 91786 104538105 $115.00 $440.00 $555.00 8 152 N 12TH AVE,Upland,CA91786 104653108 $115.00 $440.00 _ $555.00 9 171 FERN AVE,Upland,CA 91786 104661126 $115.00 $440.00 $200.00 $3,600.00 $4,355.00 101739 ORANGEWOOD AVE,Upland,CA 91784 100530169 $115.00 $440.00 $200.00 $755.00 11 1780 W FOOTHILL BLVD,Upland,CA 91786 100709101 $115.00 $440.00 $200.00 $755.00 12 1837 W ELEVENTH ST,Upland,CA 91786 100707103 $115.00 $440.00 $200.00 $755.00 13 200 E 13TH ST,Upland,CA 91786 104554217 $115.00 $440.00 $200.00 $755.00 14 2003 PALM AVE,Upland,CA 91784 104353118 $115.00 $440.00 $555.00 15 2025 2ND AVE,Upland,CA 91784 104350116 $115.00 $440.00 $200.00 $755.00 16 2134 N 1ST AVE,Upland,CA 91784 104333108 $115.00 $440.00 $200.00 $755.00 17 221 S 3RD AVE,Upland,CA 91786 104706316 $115.00 $440.00 $555.00 18 2224 N 1ST AVE,Upland,CA 91786 104322114 $115.00 $440.00 $200.00 $755.00 19 2244 LAUREL,Upland,CA 91784 104324122 $115.00 $440.00 $200.00 $755.00 20 268 E G ST,Upland,CA 91786 104626309 $115.00 $440.00 $555.00 21 275 E FOOTHILL BLVD,Upland,CA 91786 104555104 $115.00 $440.00 $200.00 $755.00 22 319 S 3RD AVE,Upland,CA 91786 104707317 $115.00 $440.00 $200.00 $755.00 23 365 VINE AVE,Upland,CA 91786 104703107 $115.00 $440.00 $200.00 $755.00 24 367 E 11TH ST,Upland,CA 91786 104608127 $115.00 $440.00 $555.00 25 442 N 2ND AVE,Upland,CA 91786 104638304 $115.00 $440.00 $555.00 26 524 E ARROW,Upland,CA 91786 104642166 $115.00 $440.00 $555.00 27 572 E WEST ST,Upland,CA 91786 104552205 $115.00 $440.00 $555.00 28 584 N 8TH AVE,Upland,CA 91786 104621211 $115.00 $440.00 $200.00 $755.00 29 609 JUNIPER AVE,Upland,CA 91786 100720103 $115.00 $440.00 $555.00 30 662 N LAUREL AVE,Upland,CA 91786 104628301 $115.00 $440.00 $555.00 31 671 RAYMOND ST,Upland,CA 91786 104709126 $115.00 $440.00 $555.00 32 790 W 8TH ST,Upland,CA 91786 104702429 $115.00 $440.00 $200.00 $755.00 33 820 W FOOTHILL BLVD,Upland,CA91786 104601103 $115.00 $440.00 $200.00 $755.00 34 827 W 11TH ST,Upland,CA 91786 104601213 $115.00 $440.00 $200.00 $755.00 35 874 10TH AVE,Upland,CA 91786 104611408 $115.00 $440.00 $555.00 36 886 N 1ST AVE,Upland,CA 91786 104606130 $115.00 $440.00 $555.00 _37 896 ALTURA WAY,Upland,CA 91786 104601126 $115.00 $440.00 $200.00 $755.00 38 950 MONTE VISTA AVE,Upland,CA91786 100702111 $115.00 $440.00 $200.00 $755.00 39 327 14TH AVE,Upland,CA 91786 104649301 $115.00 $115.00 $230.00 40 1163 WINSTON CT,Upland,CA 91786 104553120 $115.00 $115.00 $230.00 41 1391 5TH AVE,Upland,CA 91786 104538102 $115.00 $115.00 $230.00 42 1319 W ARROW HWY,Upland,CA 91786 100722412 $115.00 $115.00 $230.00 43 1383 ARROW HWY,Upland,CA 91786 100722419 $115.00 $115.00 $230.00 44 1433 W ARROW HWY,Upland,CA 91786 100724304 $115.00 $115.00 $230.00 45 1476 WINN DR,Upland,CA91786 100724207 $115.00 $115.00 $230.00 46 1484 WINN DR,Upland,CA91786 100724206 $115.00 $115.00 $230.00 47 1579 COLUMBINE WAY,Upland,CA 91786 104505304 $115.00 $115.00 $230.00 48 230 NISBET DR,Upland,CA 91786 104554122 $115.00 $115.00 $230.00 49 1104 W 17TH,Upland,CA 91784 100538101 $115.00 $115.00 $230.00 50 879 ASTER ST,Upland,CA 91786 104501307 $115.00 $115.00 $230.00 51 891 ASTER ST,Upland,CA 91786 104501308 $115.00 $115.00 $230.00 52 1563 N SAN ANTONIO AVE,Upland,CA 91786 104501146 $115.00 $115.00 $230.00 53 1268 W 15TH ST,Upland,CA 91786 100619107 $115.00 $115.00 $230.00 54 1193 N PALM AVE,Upland,CA 91786 104557128 $115.00 $115.00 $230.00 55 1266 QUINCE AVE,Upland,CA 91786 104557121 $115.00 $115.00 $230.00 56 1718 W 9TH ST,Upland,CA 91786 100764213 $115.00 $115.00 $230.00 57 956 EMERSON ST,Upland,CA 91784 100407119 $115.00 $115.00 $230.00 58 1217 N UKIAH WAY,Upland,CA 91786 104559135 $115.00 $115.00 $230.00 59 1199 N UKIAH WAY,Upland,CA 91786 104559136 $115.00 $115.00 $230.00 60 1253 N TULARE WAY,Upland,CA 91786 104558114 $115.00 $115.00 $230.00

61 8793 S SIERRA PL,Upland,CA 91786 100764301 $115.00 $115.00 $230.00 62 230 VISTA PL,Upland,CA 91786 100743203 $115.00 $115.00 $230.00 63 1754 N 1ST AVE,Upland,CA 91786 104437201 $115.00 $115.00 $230.00 64 1715 N 1ST AVE,Upland,CA 91784 104436105 $115.00 $115.00 $230.00 65 1444 W 11TH ST,Upland,CA 91786 100723228 $115.00 $115.00 $230.00 66 1364 W 11TH ST,Upland,CA 91786 100722201 $115.00 $115.00 $230.00 67 1323 MONTE VERDE AVE,Upland,CA 91786 104545406 $115.00 $115.00 $230.00 68 1822 N 2ND AVE,Upland,CA 91784 104426304 $115.00 $115.00 $230.00 69 1876 N EUCLID AVE,Upland,CA 91784 104425104 $115.00 $115.00 $230.00 70 351 N LAUREL AVE,Upland,CA 91786 104637326 $115.00 $115.00 $230.00 71 222 W ARROW ST,Upland,CA 91786 104637109 $115.00 $115.00 $230.00 72 554 W 8TH ST,Upland,CA 91786 104702440 $115.00 $115.00 $230.00 73 763 N LAUREL AVE,Upland,CA 91786 104628123 $115.00 $115.00 $230.00 74 883 N 3RD AVE,Upland,CA 91786 104607118 $115.00 $115.00 $230.00 75 895 N 3RD AVE,Upland,CA 91786 104607117 $115.00 $115.00 $230.00 76 243 S 3RD AVE,Upland,CA 91786 104706318 $115.00 $115.00 $230.00 771872 KELLY AVE,Upland,CA 91784 100515163 $115.00 $115.00 78 224 S 2ND AVE,Upland,CA 91786 104706310 $115.00 $115.00 79 1383 N VALLEJO WAY,Upland,CA 00000 104532111 $115.00 $115.00 80 381 S 3RD AVE,Upland,CA 91786 104707324 $115.00 $115.00 81 85 N GROVE ST,Upland,CA 91786 104650160 $115.00 $115.00 82 1472 BOWEN ST,Upland,CA 91786 104650159 $115.00 $115.00 83 715 N 8TH AVE,Upland,CA 91786 104620116 $115.00 $115.00 84 1162 N UKIAH WAY,Upland,CA 91786 104558104 $115.00 $115.00 85 394 VERDUGO WAY,Upland,CA 91786 104703111 $115.00 $115.00 86 2349 N CAMPUS AVE,Upland,CA 91784 104308133 $115.00 $115.00 87 2349 IVY CT,Upland,CA 91784 104307124 $115.00 $115.00 88 365 N 6TH AVE,Upland,CA 91786 104642157 $115.00 $115.00 89 622E PINE ST,Upland,CA 91786 104553309 $115.00 $115.00 90 1785 N 3RD AVE,Upland,CA 91784 104437311 $115.00 $115.00 91 1796 N 2ND AVE,Upland,CA 91784 104437308 $115.00 $115.00 92 1809 N 3RD AVE,Upland,CA 91784 104426315 $115.00 $115.00 93 1369 W 9TH ST,Upland,CA 91786 100750103 $115.00 $115.00 94 1529 SHELLEY AVE,Upland,CA 91786 104507123 $115.00 $115.00 95 1382 WINSTON CT,Upland,CA 91786 104538136 $115.00 $115.00 96 1372 WINSTON CT,Upland,CA 91786 104538134 $115.00 $115.00 97 1321 N 5TH AVE,Upland,CA 91786 104538116 $115.00 $115.00 98 1357 N 5TH AVE,Upland,CA 91786 104538109 $115.00 $115.00 99 1403 N TULARE WAY,Upland,CA 91786 104528216 $115.00 $115.00 100 1879 STACY,Upland,CA 91784 104429116 $115.00 $115.00 101 992 WESTRIDGE CT,Upland,CA 91786 100616134 $115.00 $115.00 102 208 NISBET DR,Upland,CA 91786 104554121 $115.00 $115.00 103 98 NISBET DR,Upland,CA 91786 104554116 $115.00 $115.00 104 820 W 16TH ST,Upland,CA 91786 104501141 $115.00 $115.00 105 1435 N MOUNTAIN AVE,Upland,CA 91786 100620103 $115.00 $115.00 106 625 FAIRWOOD WAY,Upland,CA 91786 100724113 $115.00 $115.00 107 450 DRAKE AVE,Upland,CA 91786 100744210 $115.00 $115.00 108 776 W 24TH ST,Upland,CA 91784 104301103 $115.00 $115.00 109 1053 W KENWOOD ST,Upland,CA 91784 100511133 $115.00 $115.00 110 2028 LUCINDAAVE,Upland,CA 91784 100426129 $115.00 $115.00 1112167 KELLY AVE,Upland,CA 91784 100423139 $115.00 $115.00 112 1150 N UKIAH WAY,Upland,CA 91786 104558138 $115.00 $115.00 113 385 W 22ND ST,Upland,CA 91784 104324136 $115.00 $115.00 114 313 E FOOTHILL BLVD,Upland,CA 91786 104555124 $115.00 $115.00 115 374 E WEST ST,Upland,CA 91786 104552404 $115.00 $115.00 116 1816 FOOTHILL BLVD,Upland,CA 91786 100706108 $115.00 $115.00 117 1812 FOOTHILL BLVD,Upland,CA 91786 100706123 $115.00 $115.00 118 591 E 9TH ST,Upland,CA 91786 104643314 $115.00 $115.00 119 977 CENTRAL AVE,Upland,CA 91786 100705108 $115.00 $115.00 120 75 E 17TH ST,Upland,CA 91784 104436106 $115.00 $115.00 121 1753 N 1ST AVE,Upland,CA 91784 104437111 $115.00 $115.00 122 1759 N 1ST AVE,Upland,CA 91784 104437110 $115.00 $115.00 123 1775 N 1ST AVE,Upland,CA 91786 104437108 $115.00 $115.00 124 1314 W 11TH ST,Upland,CA 91786 100722206 $115.00 $115.00

125 1380 N GROVE AVE,Upland,CA 91786 104544406 $115.00 $115.00 •
126 1317 E FOOTHILL BLVD,Upland,CA 91786 104548116 $115.00 $115.00 •
127 2230 LAUREL,Upland,CA 91784 104324120 $115.00 $115.00 •
128 2236 LAUREL,Upland,CA 91784 104324121 $115.00 $115.00 •
129 2357 N EUCLID AVE,Upland,CA 91784 104304135 $115.00 $115.00 •
130 2255 N EUCLID AVE,Upland,CA 91784 104323219 $115.00 $115.00 •
131 2214 LAUREL,Upland,CA 91784 104324118 $115.00 $115.00 •
132 312 S 2ND AVE,Upland,CA 91786 104707313 $115.00 $115.00 •
133 1844 1ST,Upland,CA 91784 104426206 $115.00 $115.00 •
134 100 E 19TH ST,Upland,CA 91784 104425107 $115.00 $115.00 •
135 173 E BUFFINGTON ST,Upland,CA 91784 104425413 $115.00 $115.00 •
136 193 E BUFFINGTON ST,Upland,CA 91784 104425412 $115.00 $115.00 •
137 216 E 19TH ST,Upland,CA 91784 104425418 $115.00 $115.00 •
138 826 W 13TH ST,Upland,CA 91786 104560108 $115.00 $115.00 •
139 881 ORCHID CT,Upland,CA91786 104601107 $115.00 $115.00 •
140 935 GOLDEN RAIN ST,Upland,CA 91786 100716206 $115.00 $115.00 •
141 1083 GOLDEN RAIN ST,Upland,CA 91786 100716112 $115.00 $115.00 •
142 1071 GOLDEN RAIN ST,Upland,CA 91786 100716111 $115.00 $115.00 •
143 1051 GOLDEN RAIN ST,Upland,CA 91786 100716109 $115.00 $115.00 •
144 904 AMBER CT,Upland,CA 91786 100717304 $115.00 $115.00 •
145 877 SHARON WAY,Upland,CA 91786 104601119 $115.00 $115.00 •
146 2596 BLANCHARD PL,Upland,CA 91786 100773120 $115.00 $115.00 •
147 300 CLAREMONT BLVD,Upland,CA 91786 100736203 $115.00 $115.00 •
148 350 CLAREMONT BLVD,Upland,CA 91786 100736201 $115.00 $115.00 •
149 1728 ERIN AVE,Upland,CA91784 100535405 $115.00 $115.00 •
1501332 DARNELL ST,Upland,CA 91784 100518121 $115.00 $115.00 •
151 1656 N LAUREL AVE,Upland,CA 91784 104456207 $115.00 $115.00 •
152 1646 N LAUREL AVE,Upland,CA 91784 104456206 $115.00 $115.00 •
153 1635 N EUCLID AVE,Upland,CA 91784 104456221 $115.00 $115.00 •
154 1604 REDWOOD,Upland,CA 91784 100544138 $115.00 $115.00 •
155 2033 2ND AVE,Upland,CA 91784 104350115 $115.00 $115.00 •
156 1375 W 16TH ST,Upland,CA 91784 100542401 $115.00 $115.00 •
157 1384 SULLIVAN ST,Upland,CA 91784 100542434 $115.00 $115.00 •
158 1392 SULLIVAN ST,Upland,CA 91784 100542433 $115.00 $115.00 •
159 1400 SULLIVAN ST,Upland,CA 91784 100542432 $115.00 $115.00 •
160 2153 N FIRST AVE,Upland,CA 91784 104333121 $115.00 $115.00 •
161 2135 N 1ST AVE,Upland,CA 91784 104333111 $115.00 $115.00 •
162 2129 N 1ST AVE,Upland,CA 91784 104333112 $115.00 $115.00 •
163 60 E 21ST ST,Upland,CA 91786 104351108 $115.00 $115.00 •
164 2086 N EUCLID AVE,Upland,CA 91784 104351106 $115.00 $115.00 •
165 2029 TAPIA WAY,Upland,CA 91784 104351124 $115.00 $115.00 •
166 664 CAMPHOR WAY,Upland,CA 91786 104632111 $115.00 $115.00 •
167 885 W 11TH ST,Upland,CA 91786 104601219 $115.00 $115.00 •
168 1044 WINN DR,Upland,CA 91786 100720225 $115.00 $115.00 •
169 1075 W ARROW,Upland,CA 91786 100720207 $115.00 $115.00 •
170 633 MAPLE WAY,Upland,CA 91786 100718116 $115.00 $115.00 •
171 891 W 9TH ST,Upland,CA 91786 104633331 $115.00 $115.00 •
172 262 N LAUREL AVE,Upland,CA 91786 104636121 $115.00 $115.00 •
173 549 ALPINE ST,Upland,CA 91786 104634132 $115.00 $115.00 •
174 366 N PALM AVE,Upland,CA 91786 104637307 $115.00 $115.00 •
175 79 W VERNON DR,Upland,CA 91786 104637402 $115.00 $115.00 •
176 61 W VERNON DR,Upland,CA 91786 104637401 $115.00 $115.00 •
177 175 GRAYSON WAY,Upland,CA 91786 100757132 $115.00 $115.00 •
178 138 FULTON WAY,Upland,CA 91786 100757106 $115.00 $115.00 •
179 854 SHERIDAN ST,Upland,CA 91786 104665205 $115.00 $115.00 •
180 982 SHERIDAN ST,Upland,CA 91786 100755311 $115.00 $115.00 •
181 960 SHERIDAN ST,Upland,CA 91786 100755313 $115.00 $115.00 •
182 938 SHERIDAN ST,Upland,CA 91786 100755315 $115.00 $115.00 •
183 863 W 8TH ST,Upland,CA 91786 104665217 $115.00 $115.00 •
184 816 SHERIDAN ST,Upland,CA 91786 104665209 $115.00 $115.00 •
185 286 EUCLID PL,Upland,CA 91786 104661207 $115.00 $115.00 •
186 201 EUCLID PL,Upland,CA 91786 104661106 $115.00 $115.00 •
187 84 EUCLID PL,Upland,CA 91786 104661312 $115.00 $115.00 •
188 2383 SUNFIELD WAY,Upland,CA 91784 104307216 $115.00 $115.00

189 149 W SPINNAKER WAY,Upland,CA 91786 100762133 $115.00 $115.00 190 184 SPENCER AVE,Upland,CA 91786 100761102 $115.00 $115.00 191 1039 BENNINGTON ST,Upland,CA 91786 100811122 $115.00 $115.00 192 240 BEDFORD WAY,Upland,CA 91786 104701150 $115.00 $115.00 193 860 W 8TH ST,Upland,CA 91786 104701105 $115.00 $115.00 194 240 AUSTIN WAY,Upland,CA 91786 104701142 $115.00 $115.00 195 268 AUSTIN WAY,Upland,CA 91786 104701139 $115.00 $115.00 196 323 S SAN ANTONIO AVE,Upland,CA91786 104701121 $115.00 $115.00 197 376 AUSTIN WAY,Upland,CA 91786 104701130 $115.00 $115.00 198 189 ELIZABETH LN,Upland,CA 91786 104705511 $115.00 $115.00 199 79 ELIZABETH LN,Upland,CA 91786 104705506 $115.00 $115.00 200 264 S LAUREL AVE,Upland,CA 91786 104705503 $115.00 $115.00 201 251 S VALLEJO WAY,Upland,CA 91786 104702417 $115.00 $115.00 202 368 VINE AVE,Upland,CA 91786 104704513 $115.00 $115.00 203 378 S LAUREL AVE,Upland,CA 91786 104704115 $115.00 $115.00 204 378 S LAUREL AVE,Upland,CA 91786 104704115 $115.00 $115.00 205 765 N VALLEJO WAY,Upland,CA 91786 104631118 $115.00 $115.00 206 776 N PALM AVE,Upland,CA 91786 104628119 $115.00 $115.00 207 564 N LAUREL AVE,Upland,CA 91786 104628205 $115.00 $115.00 208 644 N TULARE WAY,Upland,CA 91786 104630205 $115.00 $115.00 209 446 WINN DR,Upland,CA 91786 104629114 $115.00 $115.00 210 778 N LAUREL AVE,Upland,CA 91786 104628308 $115.00 $115.00 211 306 VERDUGO WAY,Upland,CA 91786 104703120 $115.00 $115.00 212 535 N EUCLID AVE,Upland,CA 91786 104628218 $115.00 $115.00 213 409 W 9TH ST,Upland,CA 91786 104635265 $115.00 $115.00 214 296 N FIFTH AVE,Upland,CA 91786 104641122 $115.00 $115.00 215 WASHINGTON BLVD,Upland,CA 91786 104643325 $115.00 $115.00 216 472 E ARROW,Upland,CA 91786 104642138 $115.00 $115.00 217 780 N 3RDAVE,Upland,CA 91786 104623109 $115.00 $115.00 218 580 N 1ST AVE,Upland,CA 91786 104625206 $115.00 $115.00 219 381 E 11TH ST,Upland,CA 91786 104608125 $115.00 $115.00 220 826 10TH AVE,Upland,CA 91786 104611403 $115.00 $115.00 221 863 10TH AVE,Upland,CA 91786 104611322 $115.00 $115.00 222 825 10TH AVE,Upland,CA 91786 104611326 $115.00 $115.00 223 817 10TH AVE,Upland,CA 91786 104611327 $115.00 $115.00 224 714 N 8TH AVE,Upland,CA 91786 104620207 $115.00 $115.00 225 562 N 8TH AVE,Upland,CA 91786 104621208 $115.00 $115.00 226 552 N 8TH AVE,Upland,CA 91786 104621207 $115.00 $115.00 227 405 N 9TH AVE,Upland,CA 91786 104644307 $115.00 $115.00 228 411 N 8TH AVE,Upland,CA 91786 104644408 $115.00 $115.00 229 433 N 8TH AVE,Upland,CA 91786 104644406 $115.00 $115.00 230 1487 E SALINA ST,Upland,CA 91786 104649201 $115.00 $115.00 231 582 N 6TH AVE,Upland,CA 91786 104622407 $115.00 $115.00 232 478 N EIGHTH AVE,Upland,CA91786 104644321 $115.00 $115.00 233 257 S 2ND AVE,Upland,CA 91786 104706219 $115.00 $115.00 234 613 E 8TH ST,Upland,CA 91786 104657111 $115.00 $115.00 235 102 EAST,Upland,CA91786 104658201 $115.00 $115.00 236 244 S 2ND AVE,Upland,CA 91786 104706307 $115.00 $115.00 237 155 S CAMPUS AVE,Upland,CA 91786 104657103 $115.00 $115.00 238 696 E 9TH ST,Upland,CA 91786 104656210 $115.00 $115.00 239 132 12TH AVE,Upland,CA 91786 104653130 $115.00 $115.00 240 1361 E CHAFFEE ST,Upland,CA 91786 104650179 $115.00 $115.00 241 1398 BOWEN ST,Upland,CA 91786 104650151 $115.00 $115.00 242 1472 E 9TH ST,Upland,CA 91786 104650125 $115.00 $115.00 243 1127 EAST,Upland,CA 91786 104654244 $115.00 $115.00 244 762 E 9TH ST,Upland,CA 91786 104656307 $115.00 $115.00 245 987 E RAYMOND ST,Upland,CA 91786 104710337 $115.00 $115.00 246 460 N EUCLID AVE,Upland,CA 91786 104638112 $115.00 $115.00 $28,290.00 $4,370.00 $16,720.00 $4,400.00 $7,400.00 $61,180.00

����°� °p`q� CITY
�r. .__. ..` "The City of Gracious Living" ''' 5 oid.

DATE: August 11,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

STACI SULLIVAN,FINANCE MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE AND RESOLUTIONS RELATED TO ADOPTING

THE CALIFORNIA UNIFORM CONSTRUCTION COST ACCOUNTING ACT

PROCEDURES
RECOMMENDED ACTION:

It is recommended that the City Council: 1)hold a first reading by title only,waive further reading,and introduce an Ordinance amending Chapter 2.48 of the Upland Municipal Code adding Section 2.48.180 to provide informal bidding procedures under the Uniform Public Construction Cost Accounting Act(Section 22000,et seq.,of the Public Contract Code);2)adopt a Resolution delegating authority to the City Manager to award informal public contracts in an amount of$220,000 or less and delegating the authority to negotiate contracts, award purchase orders or perform work by employees by force account on public projects in an amount of$75,000 or less;and 3)adopt a Resolution authorizing the City to become subject to the California Uniform Public Construction Cost Accounting Procedures.

GOAL STATEMENT
The proposed action supports the City's goal of ensuring that the Upland Municipal Code("UMC")is consistent with State Law and compliments current City practices,regulations,and policies.

BACKGROUND
The California Uniform Public Construction Cost Accounting Act ("CUPCCAA") is legislation enacted in 1983 to help promote uniformity of cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state of California. It is a voluntary program available to all public entities,but it applies only to those public agencies that have adopted it through their governing boards.

The CUPCCAA provides that any public agency which has elected to become subject to the uniform construction cost accounting procedures may utilize simplified alternative bidding procedures when contracting for public works projects(PCC§22000 to 22045). The alternative bidding procedures must be established by ordinance(PCC§22034).

The CUPCCAA also establishes a uniform cost accounting standard for construction work contracted out or self- performed by public agencies.

The California Uniform Construction Cost Accounting Commission("Commission"),which consists of 14 members —13 appointed by the State Controller—evaluates bid limit thresholds every three years. CUPCCAA members adopt the revised thresholds by ratification through their own Boards and Councils. The Commission's Frequently Asked Questions are attached to this staff report,and their Procedures Manual can be found at https://www.sco.ca.gov/Files- ARD-Local/cuccac_manual_2025_edition.pdf.

ISSUES AND ANALYSIS
The CUPCCA provides for the following alternative bidding procedures when an agency performs public work by contract:

1. Public projects of$75,000 or less may be performed by the employees of a public agency by force account, by negotiated contract,or by purchase order;

2. Public projects of$220,000 or less may be let to contract by informal procedures;and

3. Public projects of more than$220,000 shall be let to contract by formal bidding procedure.

Staff recommend joining 1,649 California agencies, including 298 cities, 47 counties and 442 special districts, in adopting the CUPCCAA procedures in the performance of or in the contracting of public projects.A resolution is also being presented to delegate the City Manager with the authority to award informal contracts in accordance with the

Public Contract Code. The City would save significant time and money in its ability to utilize less-formal procedures for smaller public contracts as authorized by the CUPCCAA.

Adopting CUPCCA comes with an additional requirement of maintaining an informal bidding list effective through December 31 of each year,which staff plan on publishing on the City's website.

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.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING CHAPTER 2.48 OF THE
UPLAND MUNICIPAL CODE ADDING SECTION 2.48.180 TO

PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
(SECTION 22000, ET SEQ., OF THE PUBLIC CONTRACT
CODE)
WHEREAS, the City of Upland desires to participate in the State of California's Uniform Public Construction Cost Accounting Act (Section 22000, et seq. of the Public Contract Code); and
WHEREAS, the Public Contract Code Section 22032, et seq., the Uniform Public Construction Cost Accounting Act ("Act"), establishes such a uniform cost accounting standard; and
WHEREAS, the City of Upland established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and
WHEREAS, the City now desires to add a new section to the Upland Municipal Code related to the Public Contract Code Section 22032, et seq., the Act, by amending Upland Municipal Code Chapter 2.48 adding Section 2.48.180.

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

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

Section 2. Amendment of Chapter 2.48. Section 2.48.180 of Chapter 2.48 of Title 2 of the Upland Municipal Code is hereby added to read in its entirety as follows:
"2.48.180 Uniform Public Construction Cost Accounting Act A. Informal Bid Procedures. Public projects, as defined by the Uniform Public Construction Cost Accounting Act (the "Act") and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.

B. Contractors List. The City shall compile and maintain a list of qualified contractors identified according to categories of work. The list shall comply with the requirements of the Act and the criteria promulgated, from time- to-time, by the California Uniform Construction Cost Accounting Commission.

Ordinance No.

C. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this Ordinance, a notice inviting bids shall be circulated using one or both of the following alternatives:

1. Notices inviting formal bids may be mailed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 2.48.180.

2. Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids, provided however:
i. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

D. Award of Contracts. The City Manager, or designee, is authorized to award informal contracts pursuant to this Section."
Section 3. 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 4. 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 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

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

Ordinance No.

PASSED, APPROVED, AND ADOPTED this day of ,
2025.

Bill Velto, 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 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 roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA DELEGATING AUTHORITY TO THE

CITY MANAGER TO AWARD INFORMAL PUBLIC CONTRACTS
IN AN AMOUNT OF $220,000 OR LESS AND DELEGATING

THE AUTHORITY TO NEGOTIATE CONTRACTS, AWARD

PURCHASE ORDERS OR PERFORM WORK BY EMPLOYEES BY

FORCE ACCOUNT ON PUBLIC PROJECTS IN AN AMOUNT OF
$75,000 OR LESS
WHEREAS, the City of Upland ("City") declares that the public interest and necessity demand the prudent expenditure of public money; and WHEREAS, on August 11, 2025, the City elected to become subject to the California Uniform Public Construction Cost Accounting Act; and WHEREAS, Public Contract Code section 22000 et seq., the California Uniform Public Construction Cost Accounting Act ("Act"), establishes a uniform cost accounting standard and allows for an alternate method for bidding of public works projects also known as informal bidding by local public agencies; and WHEREAS, the limits for the informal bidding of public works projects by local public agencies are adjusted every five years by directive of the California State Controller and were last adjusted effective January 1, 2025, to provide that (a) public projects of $75,000 or less may be performed by District employees by force account or by negotiated contract (Pub. Cont. Code, § 22032(a)); (b) public projects of $220,000 or less may be contracted by informal procedures (Pub. Cont. Code, § 22032(b)); and (c) public projects over $220,000 are subject to formal bidding procedures (Pub. Cont. Code, § 22032(c)); and
WHEREAS, generally, the Act requires an agency that has opted to comply with the Act to informally bid any contract for construction work exceeding $75,000 and to formally bid any contract for construction work exceeding $220,000 in value; and
WHEREAS, the Public Contract Code Section 22032 allows for the delegation of authority to award informal contracts up to the informal limit; and WHEREAS, the purpose of this Resolution is to provide for the delegation of authority to award informal contracts on behalf of the City.

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

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

Section 2. Pursuant to Public Contract Code Section 22032, the City hereby delegates to the City Manager, or designee, the authority to award public project contracts in an amount of $220,000 or less.