Upland City Council
August 10, 2026

01? uxbt CITY

OF UPLAND
1 \ "The City of Gracious Living"

MEETING OF THE CITY COUNCIL
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Bill Velto,Mayor
Shannan Maust, Mayor Pro Tem-District 1 Michael Blay,City Manager James Breitling„Councilmember-District 2 Thomas Rice,City Attorney Carlos A. Garcia.Councilmember-District 3 Keri Johnson, City Clerk Rudy Zuniga, Councilmember -District 4
Monday, August 10, 2026
Open session begins at 6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
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.

Members of the public may participate in the meeting by attending in-person from the Council Chamber. The public can also view or listen to the meeting live at:

1. Livestream on the City website

2. Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26

3. Youtube

4. Zoom webinar by visiting
https://uplandca.zoom.us/j/83231869964?pwd=xNDCGQberBxbhtpluzzxaROSobXsRp.1 Passcode:
331469
or by dialing 1-669-444-9171 Webinar ID: 832 3186 9964 Passcode: 331469 Press *9 on your phone to "raise your hand"
Public comment is accepted in person in the Council Chamber or via Zoom webinar 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 5:00 p.m.

4. CLOSED SESSION

a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
Government Code Section 54956.9(d)(1)
Case Name: Kaufman, William v. City of Upland, San Bernardino County Superior Court of California
Case No. CIVSB2405182

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

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Recognition of Upland Residents Serving in the Military Recognition of Light Up the Night Sponsors

8. CITY ATTORNEY

9. ORAL COMMUNICATIONS
This is a time for any citizen to comment on agenda item or any matter within the City's subject matter jurisdiction. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. Individuals wishing to provide comments remotely should follow the instructions provided on the agenda for remote participation. 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 Mayor or presiding officer may reduce the time allotted for each speaker based on the number of individuals wishing to speak in order to ensure that all members of the public have an opportunity to be heard. 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, communications will be taken 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 8
Recommended Action:

Approve the Regular Meeting Minutes of July 27, 2026 and the Special Meeting Minutes of August 3, 2026. (Staff Person: Keri Johnson) b. 2026 NOTICE OF REQUIRED AMENDMENTS TO THE CITY'S CONFLICT OF 16

INTEREST CODE
CEQA: Not a Project.

Recommended Action:

Accept notice that the City's Conflict of Interest Code requires amendments and direct staff to prepare a resolution amending the City's Conflict of Interest Code. (Staff Person: Keri Johnson)
c. CONSIDER APPROVAL OF THE ADDITION OF THREE POSITIONS TO THE 18 CITY'S SCHEDULE OF POSITIONS IN RESPONSE TO AB 339 MANDATE CEQA: Not a Project.

Recommended Action:

Approve the addition of three positions to the City's schedule of positions. (Staff Person: Stephen Parker)
d. CONSIDER APPROVAL OF REVISIONS TO RESTORE DEPUTY DIRECTOR 27

BENEFITS IN THE EXECUTIVE COMPENSATION PLAN
CEQA: Not a Project.

Recommended Action:

Approve revisions to the Executive Compensation and Benefit Plan. (Staff Person: Stephen Parker)
e. CONSIDER APPROVAL OF A PROFESSIONAL AND SOFTWARE SERVICES 59

AGREEMENT WITH SAVANT SOLUTIONS
CEQA: Not a Project.

Recommended Action:

Approve the Professional and Software Services Agreement with Savant Solutions for three (3) years, authorize an appropriation from the Information Technology Internal Service Fund fund balance in the amount of $261,224.07; and authorize the City Manager to execute the Agreement. (Staff Report: Stephen Parker)
f. FISCAL YEAR 2025-26 CARRY FORWARD OF FUNDS IN THE AMOUNT OF 83 $40,000 FOR THE LITTER FREE UPLAND PILOT PROJECT

CEQA: Not a Project.

Recommended Action:

Approve the carry forward of $40,000 from Fiscal Year 2025-26 to Fiscal Year 2026-27 to partially cover the cost of the Litter Free Upland pilot program. (Staff Person: Stephen Parker)
g. CONSIDER ADOPTING RESOLUTIONS APPROVING THE MEASURE I FIVE- 105

YEAR CAPITAL IMPROVEMENT PLAN AND CAPITAL PROJECT NEEDS

ANALYSIS
CEQA: Not a Project.

Recommended Action:

Approve a Resolution adopting the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2026-27 through Fiscal Year 2030-21 and approve a Resolution adopting the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2027-28 through Fiscal Year 2031-32. (Staff Person: Damien Arrula) h. EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER 117

STATION UPDATE
CEQA: Not a Project.

Recommended Action:

Receive and file the status update related to the KSM Electric, Inc. contract for emergency repair work at the 26 W. 15th Street Transfer Station. (Staff Person:

Damien Arrula)
i. CONSIDER AWARD OF GIBSON SENIOR CENTER INTERIOR 118

IMPROVEMENT PROJECT
CEQA: Determined to be Exempt.

Recommended Action:

Approve the bid and specifications for Project No. 76091 — Gibson Senior Center Interior Improvement Project; award the project contract to KNM Design Build, LLC., in the amount of $209,930; approve a construction contingency in the amount of $36,432, for a total amount of $246,362; and authorize the City Manager to execute the contract and related documents. (Staff Person: Damien Arrula)
j. PICNIC AREA RESERVATION POLICY UPDATES 171 CEQA: Not a Project.

Recommended Action:

Receive and file the administrative updates to the Picnic Area Reservation Policy. (Staff Person: Damien Arrula)
k. FACILITY RESERVATION POLICY UPDATES 190 CEQA: Not a Project.

Recommended Action:

Receive and file the administrative updates to the Facility Reservation Policy.

(Staff Person: Damien Arrula)
I. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR 214

ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PUBLIC WORKS

BUILDING RENOVATION PROJECT
CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

Recommended Action:

Approve a Professional Services Agreement with WE Architects Group for the architectural and engineering design services for the Public Works Renovation project in the amount of $116,450 and a contingency in the amount of $28,550, for a total amount of $145,000; approve a budget amendment appropriating capital project and enterprise funds for this project, and authorize the City Manager to execute the agreement. (Staff Person: Damien Arrula) m. CONSIDER ADOPTING A RESOLUTION DECLARING AN EMERGENCY 243

CONDITION FOR REPAIRS TO CITY HALL FOLLOWING A SEWER

OVERFLOW EVENT
CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of CEQA Guidelines.

Recommended Action:

Adopt a Resolution, by 4/5 vote, declaring an emergency condition and authorizing the City Manager to approve purchases and execute contracts related to the restoration of City Hall following a sewer overflow event. (Staff Person:

Damien Arrula)
n. CONSIDER APPROVAL OF A FOURTH AMENDMENT TO THE 248

PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC.

CEQA: Not a Project.

Recommended Action:

Approve Amendment No. 4 to the Agreement with TransTech Engineers, Inc., increasing the annual compensation from $60,000 for Fiscal Year 2025-26 to $63,000; and authorize the City Manager to execute the amendment. (Staff Person: Robert Dalquest)

11. PUBLIC HEARINGS
a. CONSIDER APPROVING THE WEED ABATEMENT SPECIAL ASSESMENT 286

LIST AND AUTHORIZE THE ASSESSMENTS TO BE PLACED ON THE

PROPERTY TAX ROLLS
CEQA: Not a Project.

Recommended Action:

The City Council will conduct a public hearing to consider approving the 2026 Weed Abatement Program Special Assessment list and authorize placing the assessments on the property tax rolls. (Staff Person: Robert Dalquest)

1. Staff Presentation

2. Hold Public Hearing

3. Close Public Hearing

4. Approve the 2026 Weed Abatement Program Special Assessment List and authorize staff to submit the assessments to the San Bernardino County Tax Auditor-Controller/Tax Collector for placement on the affected property's tax rolls
b. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.37 OF 289

UPLAND MUNICIPAL CODE TO ADD AN ADU BONUS PROGRAM
CEQA: Determine to be Exempt.

Recommended Action:

The City Council will conduct a public hearing to consider approving Zoning Code Amendment No. 25-0007, amending Upland Municipal Code Chapter 17.37 to implement an ADU Bonus Program. (Staff Person: Robert Dalquest)

1. Staff Presentation

2. Hold Public Hearing

3. Close Public Hearing

4. Hold first reading by title only, waive further reading, and introduce an Ordinance approving Zoning Code Amendment No. 25-0007, amending Upland Municipal Code Chapter 17.37 regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to implement an ADU Bonus Program; and 2) Determine that the project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080.17
c. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ADMINISTRATIVE 343 USE PERMIT NO. 25-0027 AND DEVELOPMENT PLAN REVIEW NO. 25-0012 CEQA: Determine to be Exempt.

Recommended Action:

The City Council will conduct a public hearing to consider an appeal of the Planning Commission's decision to deny Administrative Use Permit No. 25-0027 and Development Plan Review No. 25-0012. (Staff Person: Robert Dalquest)

1. Staff Presentation

2. Hold Public Hearing

3. Close Public Hearing

4. Adopt a Resolution denying Appeal No. 26-0002, upholding the Planning Commission's decision to deny Administrative Use Permit No. 25-0027 and Development Plan Review No. 25-0012; and finding that the action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270

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. CONSIDER PURCHASE APPROVAL OF A CIMLINE DURAPATCHER P5 ALL- 397

IN-ONE POTHOLE REPAIR TRUCK FROM HAAKER EQUIPMENT
CEQA: Not a Project.

Recommended Action:

Approve the purchase of a Cimline Durapatcher P5 (All-In-One Pothole Repair Truck) through Haaker Equipment of La Verne, California, for a total amount of $376,564.70; authorize a budget amendment moving funds within the Gas Tax Fund; and authorize the City Manager to execute any necessary documents for the purchase of this vehicle. (Staff Person: Damien Arrula)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, September 14, 2026.

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 5, 2026 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 JOINT MEETING OF THE UPLAND CITY

COUNCIL, THE SUCCESSOR AGENCY TO THE UPLAND COMMUNITY

REDEVELOPMENT AGENCY, THE UPLAND PUBLIC FINANCING

AUTHORITY, AND THE CITY OF UPLAND FINANCING AUTHORITY
July 27, 2026
6:00 p.m.

Council Chamber
City Hall, 460 N Euclid Avenue
and Hotel Metropole, 205 Crescent Ave, Avalon, CA 90704 (Catalina Conference Room)
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia (participating remotely from the Hotel Metropole), Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, 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
City Attorney Rice announced that Mayor Velto and Councilmember Zuniga would recuse themselves from Item 4b because they both serve on the San Antonio Company Water Board.

At 5:03 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: Approximately 614 square feet of area within Memorial Park located in the City of Upland (APN: 1046-183-01)
City Negotiators: City Manager, Development Services Director, and Economic Development Coordinator
1

Negotiating Party: Crown Castle
Under Negotiation: Price and Terms
b. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED

LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case.

The City Council reconvened in open session at 6:04 p.m.

5. INVOCATION
Deacon Richard Simpson, St. Anthony's Catholic Church

6. PLEDGE OF ALLEGIANCE
Led by Chief Blanco

7. PRESENTATIONS

8. CITY ATTORNEY
City Attorney Rice announced the City Council received reports and there was no reportable action during Closed Session.

Mayor Velto announced that item 13a. was tabled and would be brought back at a special meeting.

9. ORAL COMMUNICATIONS
The following speakers opposed the proposed Business License Reform Measure, stating it was not fair and equitable, and it would have a negative impact on businesses or be a financial burden for many businesses.

Lois Sicking Andrew Behnke
Dori Ferranto Linda Trawnik
Eric Hansen Bob Cable
Thomas A. Vavra, Upland, spoke regarding ongoing issues with a neighbor.

10. CONSENT CALENDAR
Councilmember Garcia removed Consent Calendar Item 10b for separate action.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of June 22, 2026.
b. CONSIDER RATIFYING AN APPOINTMENT TO THE CITY COUNCIL

ADVISORY COMMITTEE
2

Council thanked for his willingness to serve on the Committee.

Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Ratify the appointment of Michael Miller to the City Council Advisory Committee, term to expire in December 2026.

Motion: Carried Unanimously
c. CONSIDER AUTHORIZING THE TRANSFER OF UNCLAIMED FUNDS TO THE

APPROPRIATE FUNDS
Authorize the transfer of $8,021.03 in unclaimed funds to the General Fund, $10,495.28 to the Water Fund and $10,495.28 to the Sewer Fund. d. CONSIDER ADOPTING RESOLUTIONS AUTHORIZING THE INVESTMENT OF

MONIES IN THE LOCAL AGENCY INVESTMENT FUND
Adopt City Council Resolution No. 6894, Successor Agency to the Upland Community Redevelopment Agency Resolution No. 2026-1, Upland Public Financing Authority Resolution No. 2026-1, and City of Upland Financing Authority Resolution No. 2026-1, authorizing the investment of monies in the Local Agency Investment Fund and establishing positions authorized to invest monies in the Local Agency Investment Fund.
e. CONSIDER ADOPTING A RESOLUTION TO LEVY AND COLLECT SPECIAL TAXES
Adopt Resolution No. 6895 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 2026-27. f. CONSIDER APPROVAL OF JUNE WARRANT AND PAYROLL REGISTERS Approve the June warrant registers totaling $7,310,195.13 (check numbers 57482 — 58031 and direct disbursements) and payroll registers totaling $2,301,018.81 (check numbers 164673 — 164850 and electronic fund transfers 63309 — 63905).
g. TREASURER'S REPORT JUNE 2026
Receive and file the June 2026 Treasurer's Report.
h. EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER

STATION UPDATE
Receive and file the status update related to the KSM Electric, Inc. contract for emergency repair work at the 26 W. 15th Street Transfer Station. 2

CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE SAFE USA, INC.

AGREEMENT
Approve a First Amendment to the Safe USA, Inc. Agreement to extend the term for one additional year, through June 30, 2027, not to exceed the City Council approved budget for Pavement Striping Services; and authorize the City Manager to execute the amendment.
j. CONSIDER APPROVAL OF AGREEMENT WITH MUSCO LIGHTING
Approve an agreement in the amount of $138,765 with Musco Lighting for the installation of upgraded soccer field lights at Cabrillo Park; and authorize the City Manager to execute the agreement.
k. CONSIDER APPROVAL OF AN AGREEMENT WITH BKF ENGINEERS FOR

ON-CALL ENGINEERING SERVICES TO AUGMENT THE UTILITIES

ENGINEERING TEAM
Approve an agreement with BKF Engineers for professional engineering design, construction management, and construction inspection services for Reservoir 4 Roof Rehabilitation and Repairs Project in an amount not-to-exceed $440,000 for an initial one-year term, with up to two additional one-year extensions; and authorize the City Manager to execute the agreement and any related documents.

CONSIDER AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT WITH LDM ASSOCIATES TO SUPPORT AND IMPLEMENT

FEDERAL AND STATE-FUNDED PROGRAMS
Approve Amendment No.1 to the Professional Services Agreement with LDM Associates for administering a variety of federal and state-funded programs in an amount not-to-exceed $240,000 for a one-year term ending on July 27, 2027; and authorize the City Manager to execute the amendment. m. CONSIDER AWARD OF CONSTRCUTION CONTRACT TO DBX, INC. FOR THE 16TH STREET AND SAN ANTONIO AVENUE TRAFFIC SIGNAL

IMPROVEMENT PROJECT
Approve the plans and specifications for Project No. 70024 located at the intersection of 16th Street and San Antonio Avenue; award the construction contract to DBX, Inc. in the amount of $389,777; approve a construction contingency in the amount of $40,223 for a total amount of $430,000; and authorize the City Manager to execute the contract.

11. PUBLIC HEARINGS
a. CONSIDER AUTHORIZING DELINQUENT WATER AND SEWER SERVICE

CHARGES TO BE COLLECTED ON THE TAX ROLL
Assistant City Manager Parker introduced Deputy Director of Finance Sullivan who presented the staff report along with a PowerPoint presentation and answered questions from the Council.

Mayor Velto opened the public hearing.
3

Thomas Taylor, Upland, stated that he has dealt with health issues in the past year and is working to pay off his delinquent bill.

Michelle Huber, Upland, stated that she has had issues with identity theft in the past year and requested an extension to pay the delinquent bill.

Mayor Velto closed the public hearing.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Accept the report of delinquent water and sewer 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 Deputy Director of Finance Sullivan who presented the staff report along with a PowerPoint presentation.

Mayor Velto opened the public hearing. Hearing no testimony Mayor Velto closed the public hearing.

Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
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 APPROVAL OF THE 2026 ANNUAL WEED ABATEMENT

COMPLIANCE REPORT AND AUTHORIZE STAFF TO ABATE THE

PROPERTIES
Development Services Director Dalquest introduced Housing Manager Cotto who presented the staff report along with a PowerPoint presentation.

Mayor Velto opened the public hearing. Hearing no testimony Mayor Velto closed the public hearing.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Approve the 2026 Weed Abatement Compliance Report and authorize staff, through a City-approved contractor, to abate hazardous vegetation, weeds, rubbish and combustible materials on properties that remain in violation of the Upland Municipal Code.

Motion: Carried Unanimously
4

d. ADOPTION OF THE 2025 URBAN WATER MANAGEMENT PLAN AND THE

WATER SHORTAGE CONTINGENCY PLAN
Assistant City Manager Arrula provided an overview of the Urban Water Management Plan and Water Shortage Contingency Plan and introduced Ariana Lopez from Water Systems Consulting, who presented more information about the plans along with a PowerPoint presentation.

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

Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Adopt Resolution No. 6896 approving the 2025 Urban Water Management Plan and adopt Resolution No. 6897 approving the 2025 Water Shortage Contingency Plan.

Motion: Carried Unanimously

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

CONFERENCE ATTENDANCE
Councilmember Breitling reported on his attendance at the Santa Ana Regional Water Control Board and Mayor Velto reported on his attendance at the OmniTrans and Water Facility Authority meetings.

13. BUSINESS ITEMS
a. CONSIDER ADOPTING RESOLUTIONS PLACING A BUSINESS LICENSE

REFORM MEASURE ON THE NOVEMBER BALLOT
This item was tabled by the City Council.

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

15. CITY MANAGER

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 7:19 p.m. The next regularly scheduled City Council meeting is Monday, August 10, 2026.

Keri Johnson, City Clerk
5

MINUTES OF THE SPECIAL MEETING OF THE UPLAND CITY COUNCIL August 3, 2026
5:00 p.m.

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

1. CALL TO ORDER AND ROLL CALL
The special meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:02 p.m. in the Council Chamber of the Upland City Hall.

2. ORAL COMMUNICATIONS
Dori Ferranto, Upland Chamber of Commerce Chairman of the Board, thanked staff for incorporating their suggestions into the ordinance, but stated they are opposed to the proposed business license reform measure.

Lois Sicking, spoke in opposition of the business license reform measure.

Jim Flock, Upland, spoke in favor of putting the business license tax on the ballot.

Andrew Behnke, Upland, spoke in opposition of the business license reform measure and stated that it is a difficult time for businesses.

Francisco Olivares, Ontario, provided information on the City of Ontario business license tax.

Rob Perhamus, Upland, spoke regarding past decisions of Council.

Dan Richards, Ontario, stated that Upland had not updated its business license tax since the 1990s and it needs updating; and compared sales tax revenues of surrounding cities with Upland's revenues.

Eric Hanson, Upland, spoke in opposition of the proposed business license reform measure and compared it to the business license taxes of surrounding cities.

3. AGENDA ITEMS
a. CONSIDER ADOPTING RESOLUTIONS PLACING A BUSINESS LICENSE

REFORM MEASURE ON THE NOVEMBER BALLOT
City Attorney Rice stated that he was approached by Councilmembers Garcia, Maust, and Zuniga regarding a potential conflict of interest and he confirmed for each of them that there is no conflict per FPPC regulations. 1

City Manager Blay provided background information regarding the proposed business license reform measure.

Assistant City Manager Parker presented information on the proposed business license reform measure along with a PowerPoint presentation and answered questions from the Council.

Assistant City Manager Parker provided an overview of changes to the ordinance since the posting of the agenda, and indicated that the updated ordinance was posted on the website prior to the meeting.

Council provided comments on the proposed business license reform measure, revenue sources, and challenges the City faces. Assistant City Managers Parker and Arrula answered questions from the Council.

City Treasurer Bradley provided comments on his experiences as the Treasurer, the fiscal challenges the City faces and the efficiencies that the City has implemented in the last decade.

Moved by: Councilmember Maust
Seconded by: Councilmember Breitling
Adopt Resolution No. 6898 calling for the placement of a Business License Tax Measure known as the "Upland business license reform measure" on the November 3, 2026 General Municipal Election Ballot for submission to the qualified voters, adopt Resolution No. 6899 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 3, 2026 with the Statewide General Election to be held on that date pursuant to §10403 of the Elections Code, and adopt Resolution No. 6900 providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a city measure to be submitted at the November 3, 2026 General Municipal Election.

Motion: Carried Unanimously

4. ADJOURNMENT
Mayor Velto adjourned the meeting at 7:02 p.m. The next regularly scheduled City Council meeting is Monday, August 10, 2026.

Keri Johnson, City Clerk
2

4<�°F °p`q� CITFUP LAND
oid "The City of Gracious Living"
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: 2026 NOTICE OF REQUIRED AMENDMENTS TO THE CITY'S CONFLICT OF INTEREST CODE
RECOMMENDED ACTION:

It is recommended that the City Council accept notice that the City's Conflict of Interest Code requires amendments and direct staff to prepare a resolution amending the City's Conflict of Interest Code.

GOAL STATEMENT
The proposed action supports the City's goal of complying with State regulations.

BACKGROUND
In accordance with the Government Code 87306.5,at the June 8,2026 City Council meeting,the City Council directed Staff to review the code and submit notice that either an amendment is required or no amendment is necessary.

The Political Reform Act(The Act)prohibits certain public officials from being involved in decision-making that will have an impact on their private financial interests.In addition,it requires certain public officials to file a Statement of Economic Interests publicly disclosing their private financial interests. The Act also makes the City responsible for adopting a Conflict of Interest Code identifying those positions that must file Statements of Economic Interest.

The Act requires the City to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. The City's Code identifies all positions within the City that participate in the making of governmental decisions.These designated positions are required to disclose certain financial interests under State law.

The last amendment to the City's Code was adopted on October 14, 2024. The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, City departments must determine whether amendments to the Code are necessary and notify the City Council by October 1, 2026 whether or not such amendments are required..

ISSUES AND ANALYSIS
An initial review has determined that the list of designated positions must be amended.Consistent with State law,this staff report serves as notice to the City Council that amendments to the City's Conflict of Interest Code are required.

Based on previous direction from the City Council and the requirements of the Political Reform Act, Staff intends to complete the review of the designated positions under the current Code and bring it back to the City Council for review and adoption.

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.

2026 Local Agency Biennial Notice
Name of Agency: City of Upland
Mailing Address: 460 N Euclid Avenue
Contact Person: Keri Johnson, City Clerk Phone No. 909-931-4120 Email: [email protected] Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
n An amendment is required. The following amendments are necessary:
(Check all that apply.)
O Include new positions
❑ Revise disclosure categories
O Revise the titles of existing positions
❑ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
❑ Other (describe)
n The code is currently under review by the code reviewing body. n No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.

Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2026, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice:[email protected](866.275.3772)
P�Sge Tf71of 435

4c, °v °p`q� CITFUP LAND
oid.�, �. "The City of Gracious Living"
c�lrFOR�i�
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

CECILIA TODD,DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGER SUBJECT: CONSIDER APPROVAL OF THE ADDITION OF THREE POSITIONS TO THE CITY'S SCHEDULE OF POSITIONS IN RESPONSE TO AB 339 MANDATE
RECOMMENDED ACTION:

It is recommended that the City Council approve the addition of three positions to the City's schedule of positions.

GOAL STATEMENT
The proposed action supports the City's goal of responsive leadership and economic workforce development by demonstrating collaboration with the City's recognized employee organizations, strengthening internal capacity to provide timely review, permitting, and engineering services and supporting continued economic investment in the community.

BACKGROUND
Effective January 1,2026,AB 339 requires local public agencies to provide recognized employee organizations with at least 45-days written notice prior to issuing an RFP,RFQ,or renewing or extending a contract for services that are currently performed by represented employees. The required notice must include key contract details such as the anticipated duration,scope of work,cost,and draft solicitation information if applicable.The purpose of this law is to increase transparency and allow employee organizations an opportunity to review and provide input regarding potential contracting out of services.

On June 22, 2026, the City Council approved a$60,000 Third Amendment to the Professional Services Agreement with HR Green Pacific, Inc. for Fiscal Year 2026-27. The Upland Middle Management Employees Association (UMMEA) supported moving forward with the agreement under the condition that the City complete the necessary steps to establish and fill a permanent City employee position to perform plan check functions.

On June 22, 2026, the City Council approved a$60,000 Third Amendment to the Professional Services Agreement with TransTech Engineers for Fiscal Year 2026-27. UMMEA supported moving forward with the agreement under the condition that the City complete the necessary steps to establish and fill a permanent City employee position to perform plan check functions.

On June 22,2026,the City Council approved a$112,000 Professional Services Agreement with Willdan Engineering for a term ending March 31,2027. The American Federation of State,County and Municipal Employees(AFSCME), Local 20 supported moving forward with the agreement under the condition that the City complete the necessary steps to establish and fill a permanent City employee position to perform permit technician functions.

On June 22,2026,the City Council approved a$205,000 Professional Services Agreement with CIR,Inc. for a term ending March 31, 2027. AFSCME Local 20 supported moving forward with the agreement under the condition that the City complete the necessary steps to establish and fill a permanent City employee position to perform plan check engineer functions.

ISSUES AND ANALYSIS
Development Services Department has contracted with several different companies for services such as on-site plan checking,permitting,and engineering services.The scope of work provided within the contracts falls within the scope of work of one or more of the job classifications represented by recognized employee organizations of the City.These job classifications fall within the American Federation of State, County and Municipal Employees (AFSCME) and Upland Mid-Management Employees Association(UMMEA)unions.

Pursuant to AB 339,the City engaged with both unions to begin the 45-day notice period.Both unions agreed to waive the remaining 45-day period and allow the City to continue to provide the contracted services without interruption as long as the City completes the necessary steps to transition the work currently contracted out to permanent City positions.

The three positions to be added are: Plan Check Engineer, Development Services Technician I/II, and Associate Engineer.

The contract information and corresponding job classifications are listed:

Contract Company Scope of Services Corresponding Union Bargaining Unit Permanent Cost/Duration Job Classification Employee Cost _ CIR,Inc. On-site Plan Check Plans Examiner' AFSCME $181,578/1 year $205,000/1 year Engineer for Building Associate Engineer' UMMEA &Safety Division.

Certified personnel with
expertise in building,
fire,mechanical,
electrical,plumbing,
accessibility,and
energy codes.In
addition to traditional
plan review
responsibilities,the City
requires structural plan
check expertise.

Willdan Engineering On-site Permit Development Services AFSCME $94,016/1 year $112,000/1 year Technician to ensure Technician
continuous coverage for
permit intake,customer
assistance,fee
collection,permit
issuance,inspection
scheduling,records
management,and
support of Building,
Planning,and
Engineering operations
HR Green2 Plan review for Associate Engineer UMMEA $60,000/1 year construction in the
public right-of-way,
tentative and final
maps,subdivision
improvements
agreement,public
improvement plans,
grading plans,drainage
reports and water
quality management
plans. $159,827/1 year
TransTech2Plan review for Associate Engineer UMMEA $60,000/1 year construction in the
public right-of-way,
tentative and final
maps,subdivision
improvements
agreement,public
improvement plans,
grading plans,drainage
reports and water
quality management
plans.
'These two positions will be blended into one position. 2These two contracts equate to one permanent position.

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
These services are currently budgeted as contract expenses. The fiscal effect of transitioning the work to permanent City positions will result in a$1,579 budgeted decrease in the General Fund while providing the City with additional service hours and increased operational capacity and output.With this action,allocated contract funds approved in the City's budget will be transferred from contract services to personnel costs.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

2026-28 SCHEDULE OF POSITIONS
2023-24 2024-25 2025-26 2026-28 2026-27 2026-27 Unit ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED

GENERAL GOVERNMENT

ELECTED/APPOINTED
MAYOR ELEC 1.00 1.00 1.00 1.00 0.00 1.00 COUNCIL ELEC 4.00 4.00 4.00 4.00 0.00 4.00 TREASURER ELEC 1.00 1.00 1.00 1.00 0.00 1.00

6.00 6.00 6.00 6.00 0.00 6.00

ADMINISTRATION
CITY MANAGER EXEC 1.00 1.00 1.00 1.00 0.00 1.00 ASSISTANT CITY MANAGER EXEC 1.00 1.00 1.00 1.00 0.00 1.00 EXECUTIVE ASSISTANT TO THE CITY MANAGER Non-Rep 1.00 1.00 1.00 1.00 0.00 1.00 EXECUTIVE ASSISTANT I Non-Rep 1.00 1.00 1.00 1.00 0.00 1.00

4.00 4.00 4.00 4.00 0.00 4.00

CITY CLERK
CITY CLERK Non-Rep 1.00 1.00 1.00 1.00 0.00 1.00 DEPUTY CITY CLERK General 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR ADMINISTRATIVE ASSISTANT General 1.00 1.00 1.00 1.00 0.00 1.00

3.00 3.00 3.00 3.00 0.00 3.00
GENERAL GOVERNMENT-TOTAL 13.00 13.00 13.00 13.00 0.00 13.00

ADMINISTRATIVE SERVICES

FINANCE
DEPUTY DIRECTOR OF FINANCE EXEC 0.00 0.00 0.00 1.00 0.00 1.00 FINANCE MANAGER Non-Rep 1.00 1.00 1.00 0.00 0.00 0.00 ACCOUNTING SUPERVISOR Non-Rep 1.00 1.00 1.00 1.00 0.00 1.00 MANAGEMENT ANALYST I/II UMMEA 0.00 0.00 1.00 1.00 0.00 1.00 SENIOR ACCOUNTANT General 1.00 1.00 1.00 1.00 0.00 1.00 ACCOUNTANT I/II General 1.00 1.00 1.00 1.00 0.00 1.00 BUDGET COORDINATOR Non-Rep 1.00 1.00 1.00 1.00 0.00 1.00 PRINCIPAL ACCOUNTING TECHNICIAN General 0.00 0.00 1.00 1.00 0.00 1.00 SENIOR ACCOUNTING TECHNICIAN General 1.00 1.00 0.00 0.00 0.00 0.00 PAYROLL TECHNICIAN General 1.00 1.00 1.00 1.00 0.00 1.00 ACCOUNTING TECHNICIAN General 2.00 2.00 2.00 2.00 0.00 2.00 UTILITY BILLING&CUSTOMER SERVICE SUPERVISOR UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR CUSTOMER SERVICE SPECIALIST General 2.00 2.00 2.00 2.00 0.00 2.00 CUSTOMER SERVICE SPECIALIST I/II General 4.00 4.00 4.00 4.00 0.00 4.00 BUSINESS LICENSE INSPECTOR General 1.00 1.00 1.00 1.00 0.00 1.00

17.00 17.00 18.00 18.00 0.00 18.00

INFORMATION TECHNOLOGY
IT MANAGER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR IT SPECIALIST General 0.00 1.00 1.00 1.00 0.00 1.00

2026-28 SCHEDULE OF POSITIONS
2023-24 2024-25 2025-26 2026-28 2026-27 2026-27 Unit ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED (Administrative Services Continued)
IT SPECIALIST General 3.00 2.00 2.00 2.00 0.00 2.00

4.00 4.00 4.00 4.00 0.00 4.00

HUMAN RESOURCES
DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT EXEC 1.00 1.00 1.00 1.00 0.00 1.00 PRINCIPAL HUMAN RESOURCES/RISK MANAGEMENT ANALYST Non-Rep 0.00 0.00 0.00 1.00 0.00 1.00 HUMAN RESOURCES ANALYST I/II Non-Rep 2.00 2.00 2.00 1.00 0.00 1.00 RISK MANAGEMENT COORDINATOR Non-Rep 0.00 1.00 1.00 1.00 0.00 1.00 HUMAN RESOURCES TECHNICIAN General 1.00 1.00 1.00 1.00 0.00 1.00 OFFICE ASSISTANT General 1.00 1.00 1.00 1.00 0.00 1.00

5.00 6.00 6.00 6.00 0.00 6.00
ANIMAL SERVICES (Effective FY2026-2027, reports to Administrative Services) ANIMAL SERVICES SUPERVISOR UMMEA 0.00 0.00 0.00 1.00 0.00 1.00 ANIMAL SERVICES OFFICER(FREEZE ONE POSITION) General 0.00 0.00 0.00 3.00 0.00 3.00 "(1)

0.00 0.00 0.00 4.00 0.00 4.00
RECREATION AND COMMUNITY SERVICES (Effective FY2024-2025,reports to Public Works) RECREATION AND COMMUNITY SERVICES MANAGER UMMEA 1.00 0.00 0.00 0.00 0.00 0.00 RECREATION AND COMMUNITY SERVICES SUPERVISOR UMMEA 1.00 0.00 0.00 0.00 0.00 0.00 RECREATION COORDINATOR General 3.00 0.00 0.00 0.00 0.00 0.00 SENIOR ADMINISTRATIVE ASSISTANT General 1.00 0.00 0.00 0.00 0.00 0.00

6.00 0.00 0.00 0.00 0.00 0.00
ADMINISTRATIVE SERVICES-TOTAL 32.00 27.00 28.00 32.00 0.00 32.00

DEVELOPMENT SERVICES

BUILDING AND PLANNING
DEVELOPMENT SERVICES DIRECTOR EXEC 1.00 1.00 1.00 1.00 0.00 1.00 PRINCIPAL ECONOMIC DEVELOPMENT COORDINATOR UMMEA 0.00 0.00 0.00 1.00 0.00 1.00 ECONOMIC DEVELOPMENT COORDINATOR UMMEA 1.00 1.00 1.00 0.00 0.00 0.00 MANAGEMENT ANALYST I/II UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 BUDGET SPECIALIST General 0.00 1.00 1.00 1.00 0.00 1.00 ACCOUNTING TECHNICIAN General 1.00 0.00 0.00 0.00 0.00 0.00 ADMINISTRATIVE ASSISTANT General 0.00 1.00 1.00 1.00 0.00 1.00 PLANNING MANAGER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 PRINCIPAL PLANNER UMMEA 0.00 0.00 0.00 1.00 0.00 1.00 SENIOR PLANNER UMMEA 1.00 1.00 1.00 0.00 0.00 0.00 ASSISTANT/ASSOCIATE PLANNER UMMEA 2.00 2.00 2.00 2.00 0.00 2.00 BUILDING OFFICIAL UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 PLAN CHECK ENGINEER UMMEA 0.00 0.00 0.00 0.00 1.00 1.00 PLANS EXAMINER General 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR BUILDING INSPECTOR General 1.00 1.00 1.00 1.00 0.00 1.00 BUILDING INSPECTOR I/II/III General 2.00 2.00 2.00 2.00 0.00 2.00

2026-28 SCHEDULE OF POSITIONS
2023-24 2024-25 2025-26 2026-28 2026-27 2026-27 Unit ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED (Development Services Continued)
DEVELOPMENT SERVICES TECHNICIAN I/II General 1.00 1.00 2.00 2.00 1.00 3.00

14.00 15.00 16.00 16.00 2.00 18.00

HOUSING/SUCCESSOR AGENCY
HOUSING MANAGER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 HOUSING COORDINATOR UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 DEVELOPMENT SERVICES SPECIALIST General 1.00 1.00 1.00 1.00 0.00 1.00 DEVELOPMENT SERVICES TECHNICIAN I/II General 0.00 0.00 0.00 0.00 0.00 0.00

3.00 3.00 3.00 3.00 0.00 3.00
LAND DEVELOPMENT/TRAFFIC ENGINEERING (Effective FY2024-2025, reports to Development Services) PRINCIPAL ENGINEER UMMEA 0.00 1.00 1.00 1.00 0.00 1.00 ASSISTANT/ASSOCIATE ENGINEER UMMEA 0.00 2.00 2.00 2.00 1.00 3.00 ENGINEERING TECHNICIAN General 0.00 1.00 1.00 1.00 0.00 1.00

0.00 4.00 4.00 4.00 1.00 5.00
DEVELOPMENT SERVICES-TOTAL 17.00 22.00 23.00 23.00 3.00 26.00

PUBLIC WORKS

PUBLIC WORKS-ADMINISTRATION
ASSISTANT CITY MANAGER EXEC 0.00 1.00 1.00 1.00 0.00 1.00 PUBLIC WORKS DIRECTOR/CITY ENGINEER EXEC 1.00 0.00 0.00 0.00 0.00 0.00 DEPUTY DIRECTOR OF PUBLIC WORKS EXEC 0.00 0.00 1.00 1.00 0.00 1.00 DEPUTY DIRECTOR OF UTILITIES EXEC 0.00 0.00 1.00 1.00 0.00 1.00 POLICY AND LEGISLATIVE AFFAIRS MANAGER UMMEA 0.00 0.00 1.00 1.00 0.00 1.00 MANAGEMENT ANALYST I/II UMMEA 0.00 0.00 1.00 1.00 0.00 1.00 BUDGET SPECIALIST General 1.00 1.00 0.00 0.00 0.00 0.00 SENIOR ADMINISTRATIVE ASSISTANT General 1.00 1.00 2.00 2.00 0.00 2.00 ADMINISTRATIVE ASSISTANT General 1.00 1.00 1.00 1.00 0.00 1.00

4.00 4.00 8.00 8.00 0.00 8.00

PUBLIC WORKS-OPERATIONS
OPERATIONS MANAGER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 OPERATIONS SUPERVISOR UMMEA 2.00 4.00 4.00 4.00 0.00 4.00 MAINTENANCE COORDINATOR General 3.00 3.00 3.00 3.00 0.00 3.00 MAINTENANCE WORKER I/II(FREEZE THREE POSITIONS) General 10.00 10.00 10.00 10.00 0.00 10.00 *(3) FACILITIES COORDINATOR General 1.00 1.00 1.00 1.00 0.00 1.00 FACILITIES TECHNICIAN General 3.00 3.00 3.00 3.00 0.00 3.00 CUSTODIAN General 3.00 3.00 3.00 3.00 0.00 3.00 LEAD EQUIPMENT MECHANIC General 1.00 1.00 1.00 1.00 0.00 1.00 EQUIPMENT MECHANIC(FREEZE TWO POSITIONS) General 2.00 2.00 2.00 2.00 0.00 2.00 WAREHOUSE AND INVENTORY TECHNICIAN(FREEZE ONE POSITION) General 1.00 1.00 1.00 1.00 0.00 1.00 PRINCIPAL ENGINEER UMMEA 0.00 0.00 1.00 1.00 0.00 1.00 SENIOR ENGINEER UMMEA 0.00 0.00 0.00 0.00 0.00 0.00

2026-28 SCHEDULE OF POSITIONS
2023-24 2024-25 2025-26 2026-28 2026-27 2026-27 Unit ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED (Public Works Continued)
ENGINEERING TECHNICIAN General 0.00 0.00 0.00 1.00 0.00 1.00 CUSTOMER SERVICE SPECIALIST I/II General 0.00 0.00 1.00 1.00 0.00 1.00

27.00 29.00 31.00 32.00 0.00 32.00

PUBLIC WORKS-CAPITAL PROJECTS
ENGINEERING MANAGER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR ENGINEER UMMEA 1.00 1.00 1.00 2.00 0.00 2.00 ASSISTANT/ASSOCIATE ENGINEER UMMEA 1.00 1.00 1.00 2.00 0.00 2.00 PUBLIC WORKS INSPECTOR I/II General 2.00 2.00 2.00 3.00 0.00 3.00 ENGINEERING TECHNICIAN General 0.00 0.00 0.00 2.00 0.00 2.00

5.00 5.00 5.00 10.00 0.00 10.00
LAND DEVELOPMENT/TRAFFIC ENGINEERING (Effective FY2024-2025, reports to Development Services) PRINCIPAL ENGINEER UMMEA 1.00 0.00 0.00 0.00 0.00 0.00 ASSISTANT/ASSOCIATE ENGINEER UMMEA 2.00 0.00 0.00 0.00 0.00 0.00 ENGINEERING TECHNICIAN General 1.00 0.00 0.00 0.00 0.00 0.00

4.00 0.00 0.00 0.00 0.00 0.00

PUBLIC WORKS-SEWER
ENVIRONMENTAL COMPLIANCE PROGRAM MANAGER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 ASSISTANT/ASSOCIATE ENGINEER(FREEZE ONE POSITION) UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 *(1) REGULATORY COMPLIANCE SPECIALIST UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 CROSS CONNECTION CONTROL TECHNICIAN General 1.00 1.00 1.00 1.00 0.00 1.00 ENVIRONMENTAL COMPLIANCE INSPECTOR I/II General 1.00 1.00 1.00 1.00 0.00 1.00 UTILITIES SUPERVISOR-SEWER/STORM DRAIN UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 LEAD UTILITY WORKER-SEWER General 0.00 0.00 2.00 2.00 0.00 2.00 UTILITY WORKER I/II-SEWER General 6.00 6.00 7.00 7.00 0.00 7.00

12.00 12.00 15.00 15.00 0.00 15.00

PUBLIC WORKS-SOLID WASTE
MANAGEMENT ANALYST I/II UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 ENVIRONMENTAL COMPLIANCE INSPECTOR I/II General 0.00 0.00 1.00 1.00 0.00 1.00

1.00 1.00 2.00 2.00 0.00 2.00

PUBLIC WORKS-WATER
UTILITIES MANAGER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 MANAGEMENT ANALYST I/II UMMEA 1.00 1.00 2.00 2.00 0.00 2.00 ENVIRONMENTAL COMPLIANCE INSPECTOR I/II General 0.00 0.00 1.00 1.00 0.00 1.00 CHIEF WATER TREATMENT OPERATOR UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 LEAD WATER TREATMENT OPERATOR General 2.00 2.00 2.00 2.00 0.00 2.00 WATER TREATMENT OPERATOR I/II General 3.00 3.00 3.00 3.00 0.00 3.00 MAINTENANCE WORKER I/II General 1.00 1.00 1.00 1.00 0.00 1.00 UTILITIES SUPERVISOR-WATER UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 LEAD UTILITY WORKER-WATER General 2.00 2.00 2.00 2.00 0.00 2.00 UTILITY WORKER I/II/III/IV/V-WATER General 11.00 11.00 11.00 17.00 0.00 17.00 LEAD WATER METER TECHNICIAN General 1.00 1.00 1.00 1.00 0.00 1.00 WATER METER TECHNICIAN General 3.00 3.00 3.00 3.00 0.00 3.00 CUSTOMER SERVICE SPECIALIST I/II General 1.00 1.00 1.00 1.00 0.00 1.00

2026-28 SCHEDULE OF POSITIONS
2023-24 2024-25 2025-26 2026-28 2026-27 2026-27 Unit ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED (Public Works Continued)
ENGINEERING MANAGER UMMEA 0.00 0.00 1.00 1.00 0.00 1.00 ASSISTANT/ASSOCIATE ENGINEER UMMEA 2.00 2.00 2.00 2.00 0.00 2.00 GIS/IT SPECIALIST General 1.00 1.00 1.00 1.00 0.00 1.00

31.00 31.00 34.00 40.00 0.00 40.00
RECREATION AND COMMUNITY SERVICES (Effective FY2024-2025,reports to Public Works) RECREATION AND COMMUNITY SERVICES MANAGER UMMEA 0.00 1.00 1.00 1.00 0.00 1.00 RECREATION AND COMMUNITY SERVICES SUPERVISOR UMMEA 0.00 2.00 2.00 2.00 0.00 2.00 SENIOR RECREATION COORDINATOR General 0.00 1.00 1.00 1.00 0.00 1.00 RECREATION COORDINATOR General 0.00 2.00 2.00 2.00 0.00 2.00 SENIOR ADMINISTRATIVE ASSISTANT General 0.00 1.00 1.00 1.00 0.00 1.00

0.00 7.00 7.00 7.00 0.00 7.00
PUBLIC WORKS-TOTAL 84.00 89.00 102.00 114.00 0.00 114.00 POLICE

POLICE-SWORN
CHIEF OF POLICE EXEC 1.00 1.00 1.00 1.00 0.00 1.00 POLICE CAPTAIN UPMA 2.00 2.00 2.00 2.00 0.00 2.00 POLICE LIEUTENANT UPMA 3.00 3.00 4.00 4.00 0.00 4.00 POLICE SERGEANT UPMA 9.00 9.00 9.00 9.00 0.00 9.00 POLICE DETECTIVE/CORPORAL UPOA 14.00 14.00 13.00 13.00 0.00 13.00 POLICE OFFICER UPOA 49.00 51.00 51.00 51.00 0.00 51.00

78.00 80.00 80.00 80.00 0.00 80.00

POLICE-NON-SWORN
CRIME AND INTELLIGENCE ANALYST UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 FORENSIC TECHNICIAN General 1.00 1.00 1.00 2.00 0.00 2.00 BUDGET SPECIALIST General 1.00 1.00 1.00 1.00 0.00 1.00 BACKGROUND INVESTIGATOR General 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR ADMINISTRATIVE ASSISTANT General 1.00 1.00 1.00 1.00 0.00 1.00 POLICE DISPATCH SUPERVISOR UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 POLICE DISPATCHER I/II General 12.00 12.00 12.00 12.00 0.00 12.00 POLICE RECORDS SUPERVISOR UMMEA 1.00 1.00 1.00 1.00 0.00 1.00 SENIOR POLICE RECORDS TECHNICIAN General 1.00 1.00 1.00 1.00 0.00 1.00 POLICE RECORDS TECHNICIAN I/II General 5.00 5.00 5.00 5.00 0.00 5.00 HOMELESS SERVICES COORDINATOR General 1.00 1.00 1.00 1.00 0.00 1.00 PARKING CONTROL AIDE General 1.00 1.00 1.00 1.00 0.00 1.00 POLICE CIVILIAN INVESTIGATOR General 1.00 1.00 1.00 1.00 0.00 1.00 COMMUNICATIONS INFORMATION SPECIALIST General 0.00 0.00 1.00 1.00 0.00 1.00 CRIME PREVENTION-COMMUNITY OUTREACH SPECIALIST General 1.00 1.00 0.00 0.00 0.00 0.00 PROPERTY AND EVIDENCE CLERK General 1.00 1.00 1.00 0.00 0.00 0.00 POLICE SERVICE TECHNICIAN General 4.00 4.00 4.00 4.00 0.00 4.00

2026-28 SCHEDULE OF POSITIONS
2023-24 2024-25 2025-26 2026-28 2026-27 2026-27 Unit ACTUAL ACTUAL ACTUAL ADOPTED CHANGE AMENDED (Police Continued)
PARK RANGER(FREEZE TWO POSITIONS) General 2.00 2.00 2.00 2.00 0.00 2.00 "(2)

36.00 36.00 36.00 36.00 0.00 36.00
ANIMAL SERVICES (Effective FY2026-2027, reports to Administrative Services) ANIMAL SERVICES SUPERVISOR UMMEA 1.00 1.00 1.00 0.00 0.00 0.00 ANIMAL SERVICES OFFICER(FREEZE ONE POSITION) General 3.00 3.00 3.00 0.00 0.00 0.00

4.00 4.00 4.00 0.00 0.00 0.00

CODE ENFORCEMENT
CODE ENFORCEMENT OFFICER General 4.00 4.00 4.00 4.00 0.00 4.00

4.00 4.00 4.00 4.00 0.00 4.00
POLICE-TOTAL 122.00 124.00 124.00 120.00 0.00 120.00 GRAND TOTAL 268.00 275.00 290.00 302.00 3.00 305.00 Number of positions to remain unfilled for FY 2026-28.

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DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

CECILIA TODD,DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGER SUBJECT: CONSIDER APPROVAL OF REVISIONS TO RESTORE DEPUTY DIRECTOR BENEFITS IN

THE EXECUTIVE COMPENSATION PLAN
RECOMMENDED ACTION:

It is recommended that the City Council approve revisions to the Executive Compensation and Benefit Plan.

GOAL STATEMENT
The proposed action supports the City's goal of providing employees with the security of labor agreements while furnishing employees with fair compensation and benefits package based on the services they perform for the City.

BACKGROUND
Effective July 2025, the Deputy Director classifications were transitioned from the City's Non-Represented Compensation and Benefits Plan to the Executive Management Compensation and Benefits Plan as part of an organizational restructuring. The intent of this transition was to move the classifications into the Executive Management group without reducing or eliminating the compensation and benefits previously provided to incumbents in those positions.

ISSUES AND ANALYSIS
Following an administrative review of the Executive Management Compensation and Benefits Plan, staff identified several provisions that were not incorporated into the plan for the Deputy Director classifications during the 2025 transition. As a result, certain compensation and benefit provisions that were intended to continue for these classifications were omitted from the Executive Management Compensation and Benefits Plan.

The proposed revisions restore those provisions to reflect the original intent of the July 2025 organizational change and ensure the Deputy Director classifications receive the compensation and benefits that were intended when they were transitioned to the Executive Management Compensation and Benefits Plan.These revisions are administrative in nature and are intended to align the plan with the City's original action and intent.

The proposed modifications include the following changes:

1. Add ARTICLE 23 -Parental Leave

2. Add ARTICLE 27—Deputy Director classification Performance Appraisal Pay

3. Add ARTICLE 28—Deputy Director classification Meritorious Pay

4. Add ARTICLE 29—Deputy Director classification Step Increases The proposed modifications to the Executive Compensation and Benefit Plan changes are attached for City Council consideration and approval.

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

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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THE CITY OF UPLAND

EXECUTIVE MANAGEMENT

COMPENSATIONAND BENEFIT PLAN
Updated July 27, 2026

TABLE OF CONTENTS
ARTICLE 1 —PURPOSE 3
ARTICLE 2—MANAGEMENT RIGHTS 3
ARTICLE 3—COMPENSATION 4
ARTICLE 4 -RETIREMENT BENEFITS 4
ARTICLE 5—HEALTH INSURANCE—CAFETERIA PLAN 5
ARTICLE 6—RETIREE HEALTH INSURANCE REIMBURSEMENT 5 ARTICLE 7—LIFE INSURANCE 5
ARTICLE 8—LONG TERM DISABILITY INSURANCE 6
ARTICLE 9—401 (a)AND DEFERRED COMPENSATION PLANS 6 ARTICLE 10—LONGEVITY PAY 6
ARTICLE 11 —PREVENTATIVE HEALTH BENEFIT 6
ARTICLE 12—UNIFORM ALLOWANCE 6
ARTICLE 13—VEHICLE ALLOWANCE 6
ARTICLE 14—CELL PHONE ALLOWANCE 7
ARTICLE 15—HOLIDAYS 7
ARTICLE 16—FLOATING HOLIDAYS 7
ARTICLE 17—EXECUTIVE LEAVE 8
ARTICLE 18—SICK LEAVE 8
ARTICLE 19—SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT 8 ARTICLE 20—VACATION 8
ARTICLE 21 —VACATION BUYBACK 9
ARTICLE 22—BEREAVEMENT LEAVE 9
ARTICLE 23 - PARENTAL LEAVE .10
ARTICLE 24-BILINGUAL PAY 11
ARTICLE 25—TUITION REIMBURSEMENT 11
ARTICLE 26—DEPUTY DIRECTOR CLASSIFICATION EDUCATION
INCENTIVE 11
ARTICLE 27-DEPUTY DIRECTOR CLASSIFICATION PERFORMANCE
APPRAISAL PAY 11
ARTICLE 28-DEPUTY DIRECTOR CLASSIFICATION MERITORIOUS PAY 12 ARTICLE 29-DEPUTY DIRECTOR CLASSIFICATION STEP INCREASES 12

Upland Executive Management Compensation and Benefit Plan

THE CITY OF UPLAND

EXECUTIVE MANAGEMENT EMPLOYEES
Compensation and Benefit Plan
ARTICLE 1 —PURPOSE
Executive Management employees are not represented by an employee organization.The Executive Management positions serve at the will and pleasure of the City Manager, with the following exceptions:

Deputy Director of Human Resources/Risk Management
Deputy Director of Public Works
This compensation and benefit plan document is intended as a comprehensive document to define and describe the amounts of compensation and benefits for Executive Management Employees.

However,the terms and conditions of employment for the Executive Management Employees may also be addressed in individual employment contracts. If an individual's employment contract agreement conflicts with this document, then the provision of the employment agreement will supersede the provisions of this document.

ARTICLE 2—MANAGEMENT RIGHTS
The rights of the CITY include,but are not limited to the exclusive right to:
• Determine the mission of its constituent departments, commissions and boards; • Set standards of service;
• Determine the procedure and standards for employment and promotion; • Direct its employees;
• Relieve its employees from duty because of lack of work or for other lawful reasons; maintain efficiency of government operations;
• Determine the methods, means and personnel by which government operations are to be conducted;
• Determine the content of job classifications;
• Take all necessary actions to carry out its mission in emergencies; • Exercise complete control and discretion over its organization and the technology of performing its work;
• To discharge,suspend,demote,reprimand,withhold salary increases or otherwise discipline employees for cause; and
• To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance.

The City reserves the right to contract out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency.

Notwithstanding anything to the contrary in this section, in any other provision of this chapter of the Upland Municipal Code, or in any other presently existing ordinance, resolution, agreement, rule,policy,practice or other city enactment of any type or nature, all present and future department 3

Upland Executive Management Compensation and Benefit Plan heads shall be deemed and are designated as at-will employees who each serve at the pleasure of the City Manager, and accordingly the City Manager may reduce the salary of, suspend, demote or discharge any department head without prior notice and without cause. No department head shall have any administrativeright of due process in connection with any reduction in salary, suspension, demotion or discharge, and no department head shall have any right of appeal to the board of reviewor the city council. The City Manager's decision in regards to the employment status of a department head shall be final and absolute. No department head shall have the right or authority to undertake any of the rights or powers specified in Upland Municipal Code Sections

2.36.140, 2.36.150, 2.36.160 and 2.36.170. (Ord. 1790 § 2, 2005; prior code § 2350.13) ARTICLE 3—COMPENSATION

1. The Executive Management Salary Range Table(Appendix B) is established to provide the minimum and maximum monthly salary levels for Executive Management positions.

2. The City Manager is responsible for the determination of each individual employee's salary rate within the assigned salary range. Such determination will be based on job performance and or other competitive and economic factors.
a. Effective June 21, 2026, all employees in this unit with the exception of Police Chief shall receive a three percent(3%) COLA increase in base salary. b. Effective June 21, 2026, Police Chief shall receive a four percent (4%) COLA increase in base salary.

ARTICLE 4-RETIREMENT BENEFITS
The City of Upland provides its Executive Management Employees with membership in the California Public Employees Retirement System(CalPERS):

Non-Safety: 2.5% @ 55 retirement formula; Classic Employees shall cost share with the City by contributing 1.4% of CalPERS employer contribution in addition to the 8% employee contribution.

Police Chief: 3% @ 55 retirement formula; employee will pay 9% towards the employee contribution.

The City contracts with CalPERS for the Single Highest Year Option for all employees who are not defined as "new members"pursuant to the Pension Reform Act of 2013 and the 1959 Survivor Benefit, 3rd level for all members of the bargaining unit. There is an employee cost of$2.00 per month for the 1959 Survivor Benefit.

The agreement between the City and CalPERS allows for the buy-back of time served by the employee in the Military as defined under Government Code Section 21024.

Pension Reform Act of 2013:
1) The parties agree that the provisions of AB 340(The California Pension Reform Act of 2013) went into effect on January 1, 2013. In addition, if there is any other clean up or other retirement legislation which goes into effect during this compensation 4

Upland Executive Management Compensation and Benefit Plan and benefit plan and if there are provisions of that legislation which, by law automatically goes into effect, it shall do so.
2) Two Tier Retirement: Pursuant to the Act, for "new members" (as defined by the Act) who are employees hired after January 1, 2013, they will be hired pursuant to the 2% @ 62 retirement formula(non-safety) and 2.7% @ 57 (safety).

For "new members" (as defined by the Act) who are employees hired after January 1, 2013, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.

ARTICLE 5—HEALTH INSURANCE—CAFETERIA PLAN
Employees will receive Cafeteria Plan allowances for the purchase of health insurance benefits through the City's Cafeteria Plan.as stated below:
• Effective January 1, 2027 - $2,000
The health insurance options under the City's Cafeteria Plan include medical insurance, dental insurance, and vision insurance. Employees may also contribute any remaining Cafeteria Plan Funds to the City's deferred compensation plan.

An employee may elect not to be covered by the City's Health Insurance if an employee provides proof of health insurance coverage from another source. The City may require proof of alternative coverage at any time.

ARTICLE 6—RETIREE HEALTH INSURANCE REIMBURSEMENT
The City will provide retiree medical insurance reimbursement in accordance with the following schedule for employees who have health insurance and are paying a premium which exceeds these amounts. An additional $45 per month allowance is provided for a spouse if the spouse is covered under the employee's insurance. Retirees who are participating in one of the City's health insurance plans will have the PERS administrative fee deducted from their reimbursement. This benefit was eliminated for employees hired after October 1, 2014.
10 - 14 years of service $ 72.57 per month
15 - 19 years of service $ 96.81 per month
20 -24 years of service $121.05 per month
25 + years of service $145.14 per month
ARTICLE 7—LIFE INSURANCE
The City provides employees with group life insurance in an amount equal to one times (lx) their annual salary.
5

Upland Executive Management Compensation and Benefit Plan ARTICLE 8—LONG TERM DISABILITY INSURANCE
The City assumes the full premium cost for the employee in the City designated long-term disability program. This benefit will pay 66 2/3% of base salary to a maximum of$5000 per month after 60 days (or use of all sick leave, whichever is later) to qualifiedmembers of this unit.

ARTICLE 9—401 (a)AND DEFERRED COMPENSATION PLANS
Effective July 1, 2022, the City will contribute nine percent (9%) of base monthly salary to the City's 401(a)plan on behalf of each employee.

The City will contribute eight percent (8%) of base monthly salary to the City's 401(a) plan on behalf of each Deputy Director classification employee.

Employees may contribute to the City's 457 (b) (deferred comp) up to the yearly maximum limit as defined by IRS guidelines.

ARTICLE 10—LONGEVITY PAY
Employees with twenty (20) years or more of continuous service will receive a five percent(5%) increase in base salary.

ARTICLE 11 —PREVENTATIVE HEALTH BENEFIT
Employees may be reimbursed up to two hundred and fifty dollars($250)annually for the purchase of items, classes, memberships, or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Preventive Health Benefits.

ARTICLE 12—UNIFORM ALLOWANCE
The Police Chief shall receive an allowance in the amount of one thousand dollars ($1,000.00)per year. A uniform will be provided at time of appointment.

The purpose of the allowance is to provide uniform cleaning or replacement expenses.

This allowance will be paid per pay period in the amount of thirty-eight dollars and forty-six cents ($38.46).

ARTICLE 13—VEHICLE ALLOWANCE
The Police Chief shall receive a City vehicle to take home. All other executivemanagement employees receive the following:

Executive Management Directors five hundred dollars($500)per month.

Deputy Directors three hundred dollars ($300)per month. 6

Upland Executive Management Compensation and Benefit Plan ARTICLE 14—CELL PHONE ALLOWANCE
Employees shall be entitled to a cell phone allowance in the amount of one hundred dollars ($100) per month or the use of a City-issued cell phone. If the employee chooses the cell phone allowance the amount shall be subject to applicable withholdings. Employee acknowledges that the City makes no representation with respect to the taxability or non-taxability of the benefits provided under this Section.

ARTICLE 15—HOLIDAYS
The City of Upland observes the following holidays as official fixed holidays, established by Resolution:

New Year's Day (January 1)
Martin Luther King Day (Third Monday in January)
President's Day I (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day (The Day After the Fourth Thursday in November) Christmas Day I (December 25)
Each official fixed holiday shall be ten(10)hours unless otherwise noted.

If the holiday falls on a Friday or Saturday, Thursday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.

To be paid for an official fixed City holiday (the days on which the public offices of the City of Upland will be closed) employees must be in a paid status both the day before and the day after the holiday. For example,if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be requiredto be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.

City Hall and most City departments will be permanently closed from Christmas Day through New Year's Day. Christmas Day and New Year's Day holidays will be part of this closure except for the case where either holiday falls on a Sunday. In the case that either Christmas Day or New Year's Day falls on a Sunday it will be observed on the following Monday. Employees will receive compensation that will cover their absence from work from December 25th through January 1st.

The employee must be in a paid status on the above dates to receive this holiday compensation.

ARTICLE 16—FLOATING HOLIDAYS
Employees in the unit shall receive twenty (20) hours of Floating Holiday annually. Floating holiday hours which are not used in December will automatically be cashed out on the pay date in January that covers the final pay period in December.
7

Upland Executive Management Compensation and Benefit Plan ARTICLE 17—EXECUTIVE LEAVE
Executive Management in the unit shall receive one hundred (100) hours of executive leave annually.

Deputy Director classifications in the unit shall receive eighty (80) hours of executive leave annually.

Executive Leave which is not used in December will automatically be cashed out on the pay date in January that covers the final pay period in December.

ARTICLE 18— SICK LEAVE
Employees in the unit earn sick leave at the rate of eight (8) hours per month, up to a maximum accrual of twelve hundred and fifty (1250) hours. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave. Employees may use up to twenty (20) hours of sick leave for personal necessity situations. Those situations include, but are not limited to:
attending school activities for child, attending court for custody proceedings, divorce proceedings, or other personal legal issues, etc.

ARTICLE 19—SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT
Upon service or disability retirement under the PERS retirement plan, employees mayelect one of the following options for payment of unused sick leave:
a. At the time of service or disability retirement, fifty percent(50%) of accrued sick leave may be cashed out at the current hourly rate,up to a maximum of 625 hours; or b. Retiring employees may use fifty percent (50%) of accrued sick leave as Personal Leave just prior to retirement, up to a maximum of six hundred and twenty-five (625) hours.

ARTICLE 20—VACATION
Vacation shall accrue based on the following schedule:
01 —02 Years of service 80 Hours per year
03 —05 Years of service 100 Hours per year
06— 10 Years of service 140Hours per year
11 — 16 Years of service 160 Hours per year
17 + Years of service 180 Hours per year
All employees may accrue vacation up to a maximum of five hundred hours(500)of vacation leave.

Any hours over the five hundred (500) will automatically be cashed out on the pay period that the maximum accrual is reached.

Police Chief:

Vacation shall accrue based on the following schedule:
8

Upland Executive Management Compensation and Benefit Plan 01 —02 Years of service 100 Hours per year
03 —05 Years of service 140 Hours per year
06— 16 Years of service 168 Hours per year
16 + Years of service 180 Hours Per Year
All employees may accrue vacation up to a maximum of five hundred hours(500)of vacation leave.

Any hours over the five hundred (500) will automatically be cashed out on the pay period that the maximum accrual is reached.

ARTICLE 21 —VACATION BUYBACK
Executive management employees may convert up to eighty hours (80) of unused vacation, sick leave, and/or executive leave. Deputy Director classifications may convert up to sixty hours (60) of unused vacation, sick leave, and/or executive leave. This request must be made in writing to Human Resources and will be paid in November of each year.

Executive management employees may cash out an additional 80 hours of vacation in June of each year.

Deputy Director classifications may cash out an additional sixty hours (60) of vacation in June of each year.

Any employee who elects to convert accrued vacation leave to compensation as provided for herein, shall be in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section

1.451-1(a), must comply with the following:
• Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave.
o For example: Employee requests to buy back twenty (20) hours of vacation leave, the request must be in Human Resources by December 1st, to be paid on the first pay period in November.
• All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources not later than December 1st of the calendar year prior to the conversion.
• Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for vacation leave converted to cash for that calendar year.

ARTICLE 22—BEREAVEMENT LEAVE
Employees may take up to five (5) days per occurrence (January 1 through December 31)with pay in the event of a death of a qualified family member.A qualified family member includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Adoptive relatives and step relatives shall count the same as relatives by birth. 9

Upland Executive Management Compensation and Benefit Plan An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five (5) days do not need to be taken consecutively; they can be used intermittently. If leave is used intermittently,it must be used within three(3)months of the family member's date of death.

The City will consider a request for bereavement leave for the death of a member's aunt or uncle on a case-by-case basis.

Executive Management may also take up to four (4) hours per year to attend funeral services for situations other than the above with City Manager approval.

ARTICLE 23 —PARENTAL LEAVE
The City shall provide all employees within the unit with up to eighty (80) hours of paid leave for the birth, adoption or foster placement of a child as outlined below:
• This leave does not extend any time used under Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA); • Time taken by employees under this article will run concurrently with leave under FMLA or CFRA;
• Employees must have completed six (6) months of full-time City service to be eligible for the leave;
• Employees are eligible for the leave regardless of gender, marital status or sexual orientation of the parent;
• Employees who have adopted a child or had a foster child placed in their home are eligible if the child is age seventeen (17) years or younger;
• Employees may take this time consecutively or intermittently, but it must be used within one (1) year of the birth, adoption or foster placement of the child;
• Any additional time needed beyond the initial eighty (80) hours may be charged to sick leave, vacation, compensatory or floating holiday time;
• Employees must complete all leave paperwork required by the City and provide a copy to their supervisor and Human Resources at least one(1)week prior to taking the leave. Leave paperwork must require documentation to substantiate the request (i.e. birth certificate, foster placement agreement, etc.);
• In no case will an employee receive more than the eighty(80)hours of leave time within a twelve (12) month period, regardless of whether more than one (1) birth, adoption or foster care placement event occurs within the twelve (12) month period;
10

Upland Executive Management Compensation and Benefit Plan • City employees who are co-parents with another City employee, will each be allowed eighty (80) hours of paid parental leave.

This article will be effective July 1, 2026 and will not be retroactively applied. All life events (birth, adoption, or foster placement) must occur after July 1, 2026.

ARTICLE 24-BILINGUAL PAY
A bilingual differential of one hundred ($100)per month shall be paid to certified employees who use their fluency in writing, reading and/or translating a second language. The bilingual pay will be granted only as long as the City Manager requires the employee to utilize their bilingual proficiency for City services.

In order to receive the bilingual pay for a designated position, the employee must be certified by testing. Such testing will be arranged for by Human Resources.

Certified employees will receive the bilingual differential effective the day following notification that they have successfully been certified as bilingual.

ARTICLE 25—TUITION REIMBURSEMENT
The City agrees to reimburse employees up to thirty-five hundred($3,500)per employee,per fiscal year, as long as funds are available, for costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance of the City's work or continuing education goals.

Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade of"C" or better or "pass"when taken on a pass/fail basis. Approval for reimbursement must be submitted first to the City Manager prior to the employee enrolling in the class or purchasing textbooks and related materials. Upon successful completion of the course(s), the employee must submit a request for reimbursement to the Finance Division for processing.

ARTICLE 26—DEPUTY DIRECTOR CLASSIFICATION EDUCATION INCENTIVE The City agrees to pay five percent (5%) additional compensation over a Deputy Director classification's base salary for a job related Master's degree if not a requirement of the position.

The degree must be related to the employee's employment with the City as determined by the City Manager.

ARTICLE 27 —DEPUTY DIRECTOR CLASSIFICATION PERFORMANCE

APPRAISAL PAY
The Performance Appraisal Pay connects individual achievement to organizational goals and provides incentives for performance.

Annually Deputy Director classification's recommended by their Department Head and who have reached top step of their salary grade may be eligible for a up to five percent (5%) lump sum bonus with an overall"Exceeds Standards"on their Employee Performance Appraisal and 11

Upland Executive Management Compensation and Benefit Plan Development Report. Department head recommendations will be submitted to the City Manager's Office for review and approval. Recommendations will contain a copy of the employee's Performance Appraisal and Development Report.

Payment of the Performance Appraisal Pay will be made in a lump sum payment on the first regularly scheduled payday after approval from the City Manager.

Annually Department Heads may recommend an additional step for Deputy Director classifications who have not reached top step of their salary range and have received an overall "Exceeds Standards" on their Employee Performance Appraisal and Development Report.

ARTICLE 28 — DEPUTY DIRECTOR CLASSIFICATION MERITORIOUS PAY It is recognized that certain Deputy Directors will put forth extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City. Deputy Director classifications recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for a period of three (3) months, six (6) months, or one year. Department head recommendations will be submitted to the City Manager's Office for review and approval.

Payment of meritorious pay will be made in a lump sum on the first regularly scheduled payday after approval form the City Manager. Recommendations will contain supporting documentation justifying the reasons for the pay.

ARTICLE 29—DEPUTY DIRECTOR CLASSIFICATION STEP INCREASES

1. Step Increases
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of"Meets Standards" or "Exceeds Standards" shall receive merit increases within their base salary range, as provided for below:
• Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.
• Supervisors will provide employees with Performance Appraisal by the due date provided by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Human Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the Performance Appraisal. 12

Upland Executive Management Compensation and Benefit Plan Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.
• Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.
• If the employee receives an overall rating of"Below Standards"the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is "Meets Standards", the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

2. Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of"Below Standards"to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head's decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager's decision on the content and overall rating of the Performance Appraisal is final.
13

Upland Executive Management Compensation and Benefit Plan

APPENDIX A
Grade Classification Title
88 City Manager
79 Assistant City Manager
83 Chief of Police
74 Development Services Director
65 Deputy Director of Finance
67 Deputy Director of Human
Resources/Risk Management
67 Deputy Director of Public Works
14

Upland Executive Management Compensation and Benefit Plan

APPENDIX B
City of Upland
Executive Salary Schedule
Effective 06/21/2026
STEP
Job Description Grade 1 2 3 4 5 6 Hourly 105.40 110.67 116.20 122.01 128.11 134.52 ASSISTANT CITY MANAGER 79 Monthly 18,268.74 19,182.13 20,141.24 21,148.30 22,205.71 23,316.00 Yearly 219,224.35 230,185.56 241,694.86 253,779.59 266,468.57 279,791.99 Hourly 117.47 123.34 129.51 135.98 142.78 149.92 CHIEF OF POLICE 83 Monthly 20,361.00 21,379.05 22,448.00 23,570.40 24,748.92 25,986.37 Yearly 244,332.02 256,548.60 269,376.04 282,844.85 296,987.08 311,836.44 Hourly 131.63 138.21 145.12 152.37 159.99 167.99 CITY MANAGER 88 Monthly 22,815.10 23,955.85 25,153.65 26,411.33 27,731.89 29,118.49 Yearly 273,781.17 287,470.23 301,843.75 316,935.94 332,782.72 349,421.86 Hourly 93.16 97.81 102.70 107.84 113.23 118.89 DEVELOPMENT SERVICES DIRECTOR 74 Monthly 16,146.87 16,954.21 17,801.92 18,692.02 19,626.62 20,607.95 Yearly 193,762.38 203,450.50 213,623.03 224,304.18 235,519.39 247,295.36 Hourly 75.37 79.14 83.10 87.25 91.62 96.20
DEPUTY DIRECTOR OF FINANCE 65 Monthly 13,064.82 13,718.06 14,403.97 15,124.17 15,880.38 16,674.39 Yearly 156,777.88 164,616.76 172,847.61 181,489.99 190,564.50 200,092.72 DEPUTY DIRECTOR OF HUMAN Hourly 79.19 83.15 87.31 91.67 96.26 101.07 RESOURCES/RISK MANAGEMENT 67 Monthly 13,726.23 14,412.54 15,133.17 15,889.83 16,684.32 17,518.53 Yearly 164,714.76 172,950.51 181,598.02 190,677.92 200,211.83 210,222.41 Hourly 79.19 83.15 87.31 91.67 96.26 101.07 DEPUTY DIRECTOR OF PUBLIC WORKS 67 Monthly 13,726.23 14,412.54 15,133.17 15,889.83 16,684.32 17,518.53 Yearly 164,714.76 172,950.51 181,598.02 190,677.92 200,211.83 210,222.41 15

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THE CITY OF UPLAND

EXECUTIVE MANAGEMENT

COMPENSATIONAND BENEFIT PLAN
Updated July 274, 2026

TABLE OF CONTENTS
ARTICLE 1—PURPOSE .. ............................................ . . ._ . .. ..3 Field Code Changed &RTICLE 3-COMPENSATION ................. ................ ................. ...4 .--- [Field Code Changed ARTICLE 4-RETIREMENT BENEFITS .. ... .. ... ... ..4 Field Code Changed ARTICLE 5—HEALTH INSURANCE CAFETERIA PLAN ... ... ..5 Field Code Changed ARTICLE 6—RETIREE HEALTH INSURANCE REIMBURSEMENT.........................5 Formatted:Font:(Default)Times New Roman,Bold, Ligatures:None
Field Code Changed
8—LONGDISABILITY 6
,ARTICLE L TERM INSURANCE.............................................................. (Field Code Changed ,ARTICLE 9—401(a)AND DEFERRED COMPENSATION PLANS.... ....6 [Field Code Changed ,ARTICLE 10—LONGEVITY PAY .6 [Field Code Changed ARTICLE 11—PREVENTATIVE HEALTH BENEFIT....................................................6 [Field Code Changed ARTICLE 12—UNIFORM ALLOWANCE..... 6 [Field Code Changed e r. [Field Code Changed
Field Code Changed
ARTICLE 14—CELL PHONE ALLOWANCE . 76 -Field Code Changed ARTICLE 16—FLOATING HOLIDAYS .. ... .. ... ... ..7 [Field Code Changed ARTICLE 19—SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT ....8 - Field Code Changed ARTICLE 20-VACATION.. ................ ........................... . . ... . .. 88 Field Code Changed ,ARTICLE 21—VACATION BUYBACK 9 Field Code Changed ,ARTICLE 22—BEREAVEMENT LEAVE .... .9 Field Code Changed ARTICLE 23-PARENTAL LEAVE 10
ARTICLE 234-BILINGUAL PAY .1140 [Field Code Changed ARTICLE 24-25—TUITION REIMBURSEMENT .1140 [Field Code Changed ARTICLE 25-26 DEPUTY DIRECTOR CLASSIFICATION EDUCATION -~[Field Code Changed INCENTIVE 1140
ARTICLE 27-DEPUTY DIRECTOR CLASSIFICATION PERFORMANCE
APPRAISAL PAY 11
ARTICLE 28-DEPUTY DIRECTOR CLASSIFICATION MERITORIOUS PAY 12 ARTICLE 29-DEPUTY DIRECTOR CLASSIFICATION STEP INCREASES 12

Upland Executive Management Compensation and Benefit Plan

THE CITY OF UPLAND

EXECUTIVE MANAGEMENT EMPLOYEES
Compensation and Benefit Plan
ARTICLE 1—PURPOSE
Executive Management employees are not represented by an employee organization.The Executive Management positions serve at the will and pleasure of the City Manager, with the following exceptions:

Deputy Director of Human Resources/Risk Management
Deputy Director of Public Works
This compensation and benefit plan document is intended as a comprehensive document to define and describe the amounts of compensation and benefits for Executive Management Employees.

However,the terms and conditions of employment for the Executive Management Employees may also be addressed in individual employment contracts. If an individual's employment contract agreement conflicts with this document, then the provision of the employment agreement will supersede the provisions of this document.

ARTICLE 2—MANAGEMENT RIGHTS
The rights of the CITY include,but are not limited to the exclusive right to:
• Determine the mission of its constituent departments,commissions and boards; • Set standards of service;
• Determine the procedure and standards for employment and promotion; • Direct its employees;
• Relieve its employees from duty because of lack of work or for other lawful reasons; maintain efficiency of government operations;
• Determine the methods,means and personnel by which government operations are to be conducted;
• Determine the content of job classifications;
• Take all necessary actions to carry out its mission in emergencies; • Exercise complete control and discretion over its organization and the technology of performing its work;
• To discharge,suspend,demote,reprimand,withhold salary increases or otherwise discipline employees for cause;and
• To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance.

The City reserves the right to contract out any work it deems necessary in the interest of efficiency, economy,improved work product,or emergency.

Notwithstanding anything to the contrary in this section,in any other provision of this chapter of the Upland Municipal Code,or in any other presently existing ordinance,resolution, agreement, rule,policy,practice or other city enactment of any type or nature,all present and future department 3

Upland Executive Management Compensation and Benefit Plan heads shall be deemed and are designated as at-will employees who each serve at the pleasure of the City Manager,and accordingly the City Manager may reduce the salary of, suspend, demote or discharge any department head without prior notice and without cause.No department head shall have any administrativeright of due process in connection with any reduction in salary, suspension,demotion or discharge, and no department head shall have any right of appeal to the board of reviewor the city council. The City Manager's decision in regards to the employment status of a department head shall be final and absolute.No department head shall have the right or authority to undertake any of the rights or powers specified in Upland Municipal Code Sections

2.36.140, 2.36.150, 2.36.160 and 2.36.170. (Ord. 1790 § 2,2005;prior code §2350.13) ARTICLE 3—COMPENSATION

1. The Executive Management Salary Range Table(Appendix B)is established to provide the minimum and maximum monthly salary levels for Executive Management positions.

2. The City Manager is responsible for the determination of each individual employee's salary rate within the assigned salary range.Such determination will be based on job performance and or other competitive and economic factors.
a. Effective June 21,2026,all employees in this unit with the exception of Police Chief shall receive a three percent(3%)COLA increase in base salary. b. Effective June 21,2026,Police Chief shall receive a four percent(4%)COLA increase in base salary.

ARTICLE 4-RETIREMENT BENEFITS
The City of Upland provides its Executive Management Employees with membership in the California Public Employees Retirement System(CalPERS):

Non-Safety: 2.5% @ 55 retirement formula; Classic Employees shall cost share with the City by contributing 1.4% of CalPERS employer contribution in addition to the 8% employee contribution.

Police Chief: 3%@ 55 retirement formula;employee will pay 9%towards the employee contribution.

The City contracts with CalPERS for the Single Highest Year Option for all employees who are not defined as"new members"pursuant to the Pension Reform Act of 2013 and the 1959 Survivor Benefit, 3rd level for all members of the bargaining unit. There is an employee cost of$2.00 per month for the 1959 Survivor Benefit.

The agreement between the City and CalPERS allows for the buy-back of time served by the employee in the Military as defined under Government Code Section 21024.

Pension Reform Act of 2013:
1) The parties agree that the provisions of AB 340(The California Pension Reform Act of 2013)went into effect on January 1,2013.In addition,if there is any other clean up or other retirement legislation which goes into effect during this compensation 4

Upland Executive Management Compensation and Benefit Plan and benefit plan and if there are provisions of that legislation which, by law automatically goes into effect,it shall do so.
2) Two Tier Retirement:Pursuant to the Act,for "new members" (as defined by the Act)who are employees hired after January 1,2013,they will be hired pursuant to the 2%@ 62 retirement formula(non-safety)and 2.7%@ 57(safety).

For"new members"(as defined by the Act)who are employees hired after January 1,2013,final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.

ARTICLE 5—HEALTH INSURANCE—CAFETERIA PLAN
Employees will receive Cafeteria Plan allowances for the purchase of health insurance benefits through the City's Cafeteria Plan.as stated below:
• Effective January 1,2027-$2,000
The health insurance options under the City's Cafeteria Plan include medical insurance, dental insurance, and vision insurance. Employees may also contribute any remaining Cafeteria Plan Funds to the City's deferred compensation plan.

An employee may elect not to be covered by the City's Health Insurance if an employee provides proof of health insurance coverage from another source.The City may require proof of alternative coverage at any time.

ARTICLE 6—RETIREE HEALTH INSURANCE REIMBURSEMENT
The City will provide retiree medical insurance reimbursement in accordance with the following schedule for employees who have health insurance and are paying a premium which exceeds these amounts.An additional$45 per month allowance is provided for a spouse if the spouse is covered under the employee's insurance.Retirees who are participating in one of the City's health insurance plans will have the PERS administrative fee deducted from their reimbursement.This benefit was eliminated for employees hired after October 1,2014.
10- 14 years of service $ 72.57 per month
15- 19 years of service $ 96.81 per month
20-24 years of service $121.05 per month
25+ years of service $145.14 per month
ARTICLE 7—LIFE INSURANCE
The City provides employees with group life insurance in an amount equal to one times(lx)their annual salary.
5

Upland Executive Management Compensation and Benefit Plan ARTICLE 8—LONG TERM DISABILITY INSURANCE
The City assumes the full premium cost for the employee in the City designated long-term disability program. This benefit will pay 66 2/3% of base salary to a maximum of$5000 per month after 60 days(or use of all sick leave,whichever is later)to qualifiedmembers of this unit.

ARTICLE 9—401(a)AND DEFERRED COMPENSATION PLANS
Effective July 1, 2022,the City will contribute nine percent(9%)of base monthly salary to the City's 401(a)plan on behalf of each employee.

The City will contribute eight percent(8%) of base monthly salary to the City's 401(a)plan on behalf of each Deputy Director classification employee.

Employees may contribute to the City's 457(b)(deferred comp)up to the yearly maximum limit as defined by IRS guidelines.

ARTICLE 10—LONGEVITY PAY
Employees with twenty(20)years or more of continuous service will receive a five percent(5%) increase in base salary.

ARTICLE 11—PREVENTATIVE HEALTH BENEFIT
Employees may be reimbursed up to two hundred and fifty dollars($250)annually for the purchase of items, classes, memberships, or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Preventive Health Benefits.

ARTICLE 12—UNIFORM ALLOWANCE
The Police Chief shall receive an allowance in the amount of one thousand dollars($1,000.00)per year.A uniform will be provided at time of appointment.

The purpose of the allowance is to provide uniform cleaning or replacement expenses.

This allowance will be paid per pay period in the amount of thirty-eight dollars and forty-six cents ($38.46).

ARTICLE 13—VEHICLE ALLOWANCE
The Police Chief shall receive a City vehicle to take home. All other executivemanagement employees receive the following:

Executive Management Directors five hundred dollars($500)per month.

Deputy Directors three hundred dollars($300)per month.
6

Upland Executive Management Compensation and Benefit Plan ARTICLE 14—CELL PHONE ALLOWANCE
Employees shall be entitled to a cell phone allowance in the amount of one hundred dollars($100) per month or the use of a City-issued cell phone. If the employee chooses the cell phone allowance the amount shall be subject to applicable withholdings. Employee acknowledges that the City makes no representation with respect to the taxability or non-taxability of the benefits provided under this Section.

ARTICLE 15—HOLIDAYS
The City of Upland observes the following holidays as official fixed holidays, established by Resolution:

New Year's Day (January 1)
Martin Luther King Day (Third Monday in January) President's Day (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day (The Day After the Fourth Thursday in November) Christmas Day (December 25)
Each official fixed holiday shall be ten(10)hours unless otherwise noted.

If the holiday falls on a Friday or Saturday,Thursday shall be designated as the holiday and if the holiday falls on Sunday,Monday shall be designated as the holiday.

To be paid for an official fixed City holiday(the days on which the public offices of the City of Upland will be closed)employees must be in a paid status both the day before and the day after the holiday.For example,if a holiday fell on a Monday,and the employee was on a 4/10 work schedule with Fridays off,the employee would be requiredto be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.

City Hall and most City departments will be permanently closed from Christmas Day through New Year's Day. Christmas Day and New Year's Day holidays will be part of this closure except for the case where either holiday falls on a Sunday. In the case that either Christmas Day or New Year's Day falls on a Sunday it will be observed on the following Monday. Employees will receive compensation that will cover their absence from work from December 25th through January 1st.

The employee must be in a paid status on the above dates to receive this holiday compensation.

ARTICLE 16—FLOATING HOLIDAYS
Employees in the unit shall receive twenty (20) hours of Floating Holiday annually. Floating holiday hours which are not used in December will automatically be cashed out on the pay date in January that covers the final pay period in December.
7

Upland Executive Management Compensation and Benefit Plan ARTICLE 17—EXECUTIVE LEAVE
Executive Management in the unit shall receive one hundred (100) hours of executive leave annually.

Deputy Director classifications in the unit shall receive eighty (80) hours of executive leave annually.

Executive Leave which is not used in December will automatically be cashed out on the pay date in January that covers the final pay period in December.

ARTICLE 18—SICK LEAVE
Employees in the unit earn sick leave at the rate of eight(8)hours per month,up to a maximum.. [Formatted:Space Before: 0 pt accrual of twelve hundred and fifty(1250)hours.Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.Employees may use up to twenty(20)hours of sick leave for personal necessity situations. Those situations include, but are not limited to:
attending school activities for child,attending court for custody proceedings,divorce proceedings, or other personal legal issues,etc.

ARTICLE 19—SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT
Upon service or disability retirement under the PERS retirement plan, employees mayelect one of the following options for payment of unused sick leave:
a. At the time of service or disability retirement,fifty percent(50%)of accrued sick leave may be cashed out at the current hourly rate,up to a maximum of 625 hours;or b. Retiring employees may use fifty percent(50%)of accrued sick leave as Personal Leave just prior to retirement,up to a maximum of six hundred and twenty-five(625)hours.

ARTICLE 20—VACATION
Vacation shall accrue based on the following schedule:
01—02 Years of service 80 Hours per year
03—05 Years of service 100 Hours per year
06—10 Years of service 140Hours per year
11-16 Years of service 160 Hours per year
17+ Years of service 180 Hours per year
All employees may accrue vacation up to a maximum of five hundred hours(500)of vacation leave.

Any hours over the five hundred(500)will automatically be cashed out on the pay period that the maximum accrual is reached.

Police Chief:

Vacation shall accrue based on the following schedule:
8

Upland Executive Management Compensation and Benefit Plan 01—02 Years of service 100 Hours per year
03—05 Years of service 140 Hours per year
06—16 Years of service 168 Hours per year
16+ Years of service 180 Hours Per Year
All employees may accrue vacation up to a maximum of five hundred hours(500)of vacation leave.

Any hours over the five hundred(500)will automatically be cashed out on the pay period that the maximum accrual is reached.

ARTICLE 21—VACATION BUYBACK
Executive management employees may convert up to eighty hours(80) of unused vacation, sick leave,and/or executive leave. Deputy Director classifications may convert up to sixty hours(60) of unused vacation, sick leave, and/or executive leave. This request must be made in writing to Human Resources and will be paid in November of each year.

Executive management employees may cash out an additional 80 hours of vacation in June of each year.

Deputy Director classifications may cash out an additional sixty hours(60)of vacation in June of each year.

Any employee who elects to convert accrued vacation leave to compensation as provided for herein, shall be in compliance with the Department of Treasury,Internal Revenue Service(IRS) Section

1.451-1(a),must comply with the following:
• Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1 St of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave.
o For example: Employee requests to buy back twenty(20)hours of vacation leave, the request must be in Human Resources by December 1st,to be paid on the first pay period in November.
• All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources not later than December 1St of the calendar year prior to the conversion.
• Employees who fail to submit a request by December 1St of the calendar year prior to the conversion will not be eligible for vacation leave converted to cash for that calendar year.

ARTICLE 22—BEREAVEMENT LEAVE
Employees may take up to five(5)days per occurrence(January 1 through December 31)with pay in the event of a death of a qualified family member.A qualified family member includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Adoptive relatives and step relatives shall count the same as relatives by birth. 9

Upland Executive Management Compensation and Benefit Plan An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five(5)days do not need to be taken consecutively;they can be used intermittently. If leave is used intermittently,it must be used within three(3)months of the family member's date of death.

The City will consider a request for bereavement leave for the death of a member's aunt or uncle on a case-by-case basis.

Executive Management may also take up to four(4)hours per year to attend funeral services for situations other than the above with City Manager approval.

ARTICLE 23—PARENTAL LEAVE
The City shall provide all employees within the unit with up to eighty (80)hours of paid leave for the birth,adoption or foster placement of a child as outlined below:
• This leave does not extend any time used under Family Medical Leave Act(FMLA)or California Family Rights Act(CFRA);
• Time taken by employees under this article will run concurrently with leave under FMLA or CFRA;
• Employees must have completed six(6)months of full-time City service to be eligible for the leave;
• Employees are eligible for the leave regardless of gender,marital status or sexual orientation of the parent;
• Employees who have adopted a child or had a foster child placed in their home are eligible if the child is age seventeen(17)years or younger;
• Employees may take this time consecutively or intermittently,but it must be used within one(1)year of the birth,adoption or foster placement of the child;
• Any additional time needed beyond the initial eighty (80) hours may be charged to sick leave, vacation, compensatory or floating holiday time;
• Employees must complete all leave paperwork required by the City and provide a copy to their supervisor and Human Resources at least one(1)week prior to taking the leave. Leave paperwork must require documentation to substantiate the request (i.e. birth certificate,foster placement agreement,etc.);
• In no case will an employee receive more than the eighty(80)hours of leave time within a twelve (12) month period, regardless of whether more than one(1)birth,adoption or foster care placement event occurs within the twelve(12)month period;
10

Upland Executive Management Compensation and Benefit Plan • City employees who are co-parents with another City employee, will each be allowed eighty(80)hours of paid parental leave.

This article will be effective July 1, 2026 and will not be retroactively applied. All life events (birth, adoption, or foster placement) must occur after July 1,2026.

ARTICLE 2324-BILINGUAL PAY
A bilingual differential of one hundred($100)per month shall be paid to certified employees who use their fluency in writing,reading and/or translating a second language. The bilingual pay will be granted only as long as the City Manager requires the employee to utilize their bilingual proficiency for City services.

In order to receive the bilingual pay for a designated position,the employee must be certified by testing.Such testing will be arranged for by Human Resources.

Certified employees will receive the bilingual differential effective the day following notification that they have successfully been certified as bilingual.

ARTICLE 24-25—TUITION REIMBURSEMENT
The City agrees to reimburse employees up to thirty-five hundred($3,500)per employee,per fiscal year, as long as funds are available, for costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance of the City's work or continuing education goals.

Eligibility for reimbursement is contingent upon an approved course or seminar,completed with, where applicable,a grade of"C"or better or"pass"when taken on a pass/fail basis.Approval for reimbursement must be submitted first to the City Manager prior to the employee enrolling in the class or purchasing textbooks and related materials.Upon successful completion of the course(s), the employee must submit a request for reimbursement to the Finance Division for processing.

ARTICLE 25-26—DEPUTY DIRECTOR CLASSIFICATION EDUCATION INCENTIVE The City agrees to pay five percent (5%) additional compensation over a Deputy Director classification's base salary for a job related Master's degree if not a requirement of the position. ;[Formatted:Justified,Line spacing: single The degree must be related to the employee's employment with the City as determined by the City Manager. Formatted:Character scale:100%
;{Formatted:Underline
ARTICLE 27—pEPUTYJNRECTOR CLASSIFICATION PERFORMANCE [Formatted:Character scale:100% APPRAISAL PAY Formatted:Left,Indent:Left: 0" {Formatted:Font:12 pt
The Performance Appraisal Pay connects individual achievement to organizational goals and [Formatted:No Spacing,Space Before: 0 pt provides incentives for performance. Formatted:No Spacing,Indent:Left: 0",Space Before:
opt
Annually Deputy Director classification's,recommended by their Department Head and ho•w u (Formatted:Font:12 pt
have reached top step of their salary grade may be eligible for a up to five percent(5%)lump Formatted:No Spacing,Space Before: 0 pt
11

Upland Executive Management Compensation and Benefit Plan sum bonus with an overall"Exceeds Standards"on their Employee Performance Appraisal and Development Report. Department head recommendations will be submitted to the City Manager's Office for review and approval. Recommendations will contain a copy of the employee's Performance Appraisal and Development Report.

Payment of the Performance Appraisal Pay will be made in a lump sum payment on the first regularly scheduled payday after approval from the City Manager. • Formatted:No Spacing,Indent:Left: 0",Space Before:

Annually Department Heads may recommend an additional step for Deputy Director 0 pt classificationsswho have not reached top step of their salary range and have received an overall [Formatted:Font:12 pt 1 "Exceeds Standards"on their Employee Performance Appraisal and Development Report. ........ . .....(Formatted:Font:11 pt,Bold ARTICLE 28—DEPUTY DIRECTOR CLASSIFICATION MERITORIOUS PAY (Formatted:No Spacing,Space Before: 0 pt Formatted:Character scale:100%,Not Expanded by/
It is recognized that certain Deputy Directors will put forth extraordinary efforts and produce. Il Condensed by outstanding results for the City. It is desired to reward these individuals. An incentive pay ' [Formatted:Character scale:100% 1 method has been established to encourage all employees to utilize fully their capabilities on ,(Formatted:Right: -0.01" behalf of the City. Deputy Director classifications recommended by their department heads and approved by the City Manager may be granted a five percent(5%)increase in salary for a period of three (3)months, six(6)months, or one year. Department head recommendations will be submitted to the City Manager's Office for review and approval.

Payment of meritorious pay will be made in a lump sum on the first regularly scheduled payday after approval form the City Manager. Recommendations will contain supporting documentation justifying the reasons for the pay.

ARTICLE 29,—DEPUTY DIRECTOR CLASSIFICATION STEP INCREASES • Formatted:Font:(Default)Times New Roman,Bold, Underline

1. Step Increases \. Formatted:Font:(Default)Times New Roman,Bold, . Underline
Step increases shall not be automatic but will be contingent on an annual Performance , 'f Formatted:Font:(Default)Times New Roman,Bold, Appraisal. No step increase shall be made to exceed the maximum rate established for the ;•, Underline position.
[Formatted:Font:(Default)Times New Roman
Employees receiving an overall rating on their Performance Appraisal of"Meets Standards" [Formatted:Indent:Left: 0" i or "Exceeds Standards" shall receive merit increases within their base salary range, as provided for below:
• Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date,they will process the Personnel Action form for the step increase.
• Supervisors will provide employees with Performance Appraisal by the due date provided by Human Resources. Should the supervisor fail to complete the evaluation by the due date,they will have thirty(30)days from the due date provided by Human Resources to complete. During the thirty (30) day period, the employee shall not 12

Upland Executive Management Compensation and Benefit Plan receive the merit increase until Human Resources receives the Performance Appraisal.

Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.
• Should the supervisor fail to provide employee with a Performance Appraisal during the thirty(30)day period,the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.
• If the employee receives an overall rating of"Below Standards"the step may be denied or suspended for a maximum of three(3)months. Within the three(3)month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is"Meets Standards",the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three(3)month period,the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

2. Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of"Below Standards"to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty(30)calendar days of the information provided by the employee. The Department Head's decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head,they may appeal to the City Manager. The City Manager's decision on the content and overall rating of the Performance Appraisal is final.
13

Upland Executive Management Compensation and Benefit Plan

APPENDIX A
Grade Classification Title
88 City Manager
79 Assistant City Manager
83 Chief of Police
74 Development Services Director
65 Deputy Director of Finance
67 Deputy Director of Human
Resources/Risk Management
67 Deputy Director of Public Works
14

Upland Executive Management Compensation and Benefit Plan

APPENDIX B
City of Upland
Executive Salary Schedule
Effective 06/21/2026
STEP
Job Description Grade 1 2 3 4 5 6
Hourly 105.40 110.67 116.20 122.01 128.11 134.52 ASSISTANT CITY MANAGER 79 Monthly 18,268.70 19,182.13 20,141.24 21,148.30 22,205.71 23,316.00 Yearly 219,224.35 230,185.56 241,694.86 253,779.59 266,468.57 279,791.99 Hourly 117.47 123.34 129.51 135.98 142.78 149.92 CHIEF OF POLICE 83 Monthly 20,361.00 21,379.05 22,448.00 23,570.40 24,748.92 25,986.37 Yearly 244,332.02 256,548.60 269,376.04 282,844.85 296,987.08 311,836.44_ Hourly 131.63 138.21 145.12 152.37 159.99 167.99 CITY MANAGER 88 Monthly 22,815.10 23,955.85 25,153.65 26,411.33 27,731.89 29,118.49 Yearly 273,781.17 287,470.23 301,843.75 316,935.94 332,782.72 349,421.86 Hourly 93.16 97.81 102.70 107.84 113.23 118.89 DEVELOPMENT SERVICES DIRECTOR 74 Monthly 16,146.87 16,954.21 17,801.92 18,692.02 19,626.62 20,607.95 Yearly 193,762.38 203,450.50 213,623.03 224,304.18 235,519.39 247,295.36 Hourly 75.37 79.14 83.10 87.25 91.62 96.20 DEPUTY DIRECTOR OF FINANCE 65 Monthly 13,064.82 13,718.06 14,403.97 15,124.17 15,880.38 16,674.39 Yearly 156,777.88 164,616.76 172,847.61 181,489.99 190,5E4.50 200,092.72 DEPUTY DIRECTOR OF HUMAN Hourly 79.19 83.15 87.31 91.67 96.26 101.07 RESOURCES/RISK MANAGEMENT 67 Monthly 13,726.23 14,412.54 15,133.17 15,889.83 16,684.32 17,518.53 Yearly 164,714.76 172,950.51 181,598.02 190,677.92 200,211.83 210,222.41 Hourly 79.19 83.15 87.31 91.67 96.26 101.07 DEPUTY DIRECTOR OF PUBLIC WORKS 67 Monthly 13,726.23 14,412.54 15,133.17 15,889.83 16,684.32 17,518.53 Yearly 164,714.76 172,950.51 181,598.02 190,677.92 200,211.83 210,222.41 15

4<�°F °p`q� CITFUP LAND
oid "The City of Gracious Living"
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

RICHARD JEGANATHAN,IT MANAGER

STACEY PADRON,EXECUTIVE ASSISTANT I
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL AND SOFTWARE SERVICES AGREEMENT

WITH SAVANT SOLUTIONS

RECOMMENDED ACTION
It is recommended that the City Council approve the Professional and Software Services Agreement with Savant Solutions for three(3)years,authorize an appropriation from the Information Technology Internal Service Fund fund balance in the amount of$261,224.07;and authorize the City Manager to execute the Agreement.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining a secure and reliable technology infrastructure.

BACKGROUND
The City's network security infrastructure is a critical component in protecting municipal systems, data, and public services from evolving cybersecurity threats.The City's existing firewall hardware will reach end-of-life soon,limiting the availability of security updates,manufacturer support, and the ability to effectively defend against modern cyber threats.As cyberattacks targeting local governments continue to increase,it is essential that the City maintain current and supported security technologies.

The proposed annual firewall security subscription includes replacement of end-of-life firewall hardware, advanced endpoint protection for City-issued desktop and laptop computers,and expanded firewall log storage capacity.These enhancements will strengthen the City's overall cybersecurity posture and provide improved visibility into network activity to better detect,investigate,and respond to potential security incidents.

ISSUES AND ANALYSIS
Local governments remain frequent targets of cyberattacks, including ransomware, phishing campaigns, and unauthorized attempts to access sensitive systems and information.The City's current firewall infrastructure will soon not provide the level of protection and support necessary to address today's cybersecurity risks. Continuing to rely on unsupported hardware increases the likelihood of service disruptions,security vulnerabilities,and operational impacts.

The proposed annual subscription modernizes the City's network security by replacing outdated firewall equipment with fully supported hardware,adding an advanced endpoint security solution for City workstations and laptops,and significantly increasing firewall log retention capacity. Enhanced endpoint protection provides an additional layer of defense by detecting and preventing malicious activity directly on user devices,while expanded log storage improves the City's ability to monitor network traffic,investigate suspicious events,and support incident response efforts.

Approval of the annual subscription will provide the City with ongoing security updates,threat intelligence,technical support,and access to the latest security features,ensuring the City's cybersecurity infrastructure remains current and capable of protecting critical systems and public services.

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

FISCAL IMPACTS
The total cost for the annual subscription is $261,224.07. After an appropriation from fund balance through the attached Budget Amendment, there are available funds in the IT Data Processing Services Account No. 7531401- 5254.

The cost for the remaining terms of the Agreement will be included as a part of the biennial budget process.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 10, 2026 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Savant Solutions Inc., 1030 G St. Sacramento, CA 95814 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

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

Security Hardware and Software Update (hereinafter referred to as "the Project").

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

C. Consultant is an authorized reseller of computer network security products and services for Palo Alto Networks, Inc. under NASPO Value Point Master Cooperative Agreement AR3229, State of California Participating Addendum Number 7-20-70-47-06.

D. Consultant desires to grant to City and City desires to obtain from Consultant a nonexclusive license to use the Software and obtain the services in accordance with the terms and on the conditions set forth in this Agreement and NASPO Value Point Master Cooperative Agreement AR3229. If inconsistent Terms and Conditions are present between this Agreement and NASPO Value Point Master Cooperative Agreement AR3229, the Terms and Conditions of this Agreement take precedence over the Terms and Conditions of the NASPO Value Point Master Cooperative Agreement AR3229.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Use of the Software. Provider shall provide City with the software and services, which are described in the Provider's Proposal and attached hereto as Exhibit "A" and incorporated herein by reference. The specifications, performance and functionality of the Software shall comply in all respects with the requirements set forth in the Provider Proposal and any documentation for the Software. The City shall have a fully paid license to use the Software for its operations, subject to the payment of the license fees set forth in Exhibit "A."

2. Services. Provider shall further provide City with implementation, installation, project management, and training services in connection with the implementation of the Software as further described in Exhibit "A."

3. Document Format and Accessibility Requirements. In accordance with the Americans with Disabilities Act, all web pages, web functionality, mobile applications, and applicable documents developed or provided under this Agreement will conform to the W3C Web 1 46708.00106\45270497.1

Content Accessibility 2.1 AA Guidelines (WCAG). Provider may provide written evidence that their product or service addresses each of the WCAG 2.1 Level AA success criteria. For any area of non-conformance, Provider should describe any planned remediation efforts, including actions that will be taken to achieve full conformance, as well as interim workarounds to enable access by individuals with disabilities. Provider agrees that it will provide ongoing remediation as part of the Services in this Agreement as needed to bring its product or service into compliance with WCAG 2.1 AA. Provider acknowledges that WCAG 2.1 AA compliance is a material consideration to the terms of this Agreement.

The City retains responsibility for ensuring that its web functionality, web pages, mobile applications, and web-accessible documents comply with WCAG 2.1 AA or higher. Provider agrees to indemnify and defend the City against all claims, lawsuits, complaints, challenges, and legal action against the City as a result of Provider's failure to ensure its products meet compliance of ADA accessibility standards, including, at minimum, WCAG 2.1 AA or the required accessibility standard as amended by the U.S. Department of Justice.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. The total amount authorized for the Software, including related services rendered by Consultant under this Agreement is $261,224.07, unless there is a change in the Scope of Services and such change is reflected in the execution of a written amendment. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty(30)days of receipt of an invoice which includes a detailed description of the work performed and supporting documentation.

Payments to Consultant for work performed will be made on a monthly billing basis. c. City's failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of City's right to request Consultant to correct such work or billings or seek any other legal remedy.
d. The City Manager may approve Additional Work, as further defined in Section 6, of ten percent (10%) of the amount of the Agreement, up to fifty thousand dollars ($50,000.00) Any additional work in excess of$50,000.00 shall be approved by the City Council.

5. Maintenance and Support Services. Following the warranty period for the Software, Provider has agreed to make maintenance and support services for the Software available to City in accordance with the terms of the Provider Proposal, which is attached hereto as Exhibit "A." The Software Support and Maintenance Provisions contain mutually agreed upon pricing for such services, which pricing shall remain in effect for so long as City makes the payments set forth in Exhibit "B."

6. Additional Work. If changes in the Project and the Contract Documents seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of the estimated changes in the Consultant Proposal. An amendment to the Agreement shall be prepared by the City and executed by both parties before any change becomes binding upon City. Consultant 2 46708.00106\45270497.1

acknowledges that any material amendment to the Contract Documents, particularly with respect to the schedule of charges in the Consultant Proposal, may be subject to approval by the City Council. Such amendment shall not render ineffective or invalidate unaffected portions of the Contract Documents.

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

8. Term. The term of this Agreement shall be from August 10, 2026 to August 30,2029, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed") The Notice to Proceed shall set forth the date of commencement of work.

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

10. Confidentiality. Consultant understands and agrees that, in the performance of the work or services under this Agreement may involve access to City data or information that is Confidential Information. Consultant agrees to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third-parties other than its employees, agents, or authorized subcontractors who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement. Consultant and any subcontractors or agents shall use Confidential Information only in accordance with all applicable local, state and federal laws restricting the access, use and disclosure of Confidential Information and only as necessary in the performance of this Agreement. Consultant's failure to comply with any requirements of local, state or federal laws restricting access, use and disclosure of Confidential Information shall be deemed a material breach of this Agreement, for which City may terminate the Agreement. Consultant agrees to advise and require its respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. Consultant will not disclose any Confidential Information of City except as compelled by a court or administrative body or required by any law or regulation. Consultant will give notice if any disclosure request is received for City's Confidential Information, so City may file an objection with the relevant court or administrative body.
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11. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

12. Warranty
a. Software Warranty. Provider warrants that the Software will conform in all material respects to the Functional Requirements for a period of twenty-four (24) months ("Warranty Period") following the date upon which the Software has completed user acceptance testing and is placed in use by City in a live production environment ("Go-Live"). Provider agrees to correct or replace, at no charge, any nonconformity of which it receives notice during the Warranty Period.

In addition, Provider warrants that any customization and/or error correction to the Software will conform in all material respects to the Functional Requirements. This warranty is void if the City or any other third party intentionally changes or modifies the Software without the permission of Provider.
b. Malware. Provider warrants that the Software shall not contain any lock, counter, CPU reference, virus, worm, or other malware or device capable of halting operations or erasing or altering data or programs. Provider further warrants that neither it, nor its agents, employees, or subcontractors shall insert any shutdown device following delivery of the Software (or any hardware) or Services.
c. Service Warranty. Provider warrants that all Services provided under this Agreement will be performed in a professional, competent and workmanlike manner in accordance with the requirements of the Project Schedule. City shall notify Provider in writing of any breach of this warranty no later than ninety(90)days following Go-Live. Provider shall further provide a sufficient number of properly trained and competent staff to carry out the Services in a skilled and professional manner consistent with the best practices in the software industry and in compliance with the Project Schedule.
d. Remedies. Provider covenants that it will make corrections of program malfunctions or errors which are reported in writing to Provider during the Warranty Period and which are necessary for the Software to conform to the warranties set forth in Section 13 of this Agreement. City agrees to allow Provider the opportunity to make repeated efforts within a thirty (30) day time period to correct programming errors or malfunctions as warranted in this Agreement. Provider agrees that program malfunctions that result in an inoperable system resulting in a financial impact to the City, or inefficient work-around,will be given its highest priority with the problem corrected as soon as practicably possible, consistent with a high priority item under the Software Support and Maintenance Provisions, using its most experienced and 4 46708.00106\45270497.1

knowledgeable resources. Provider will strive to have any and all malfunctions resolved within no more than five calendar days.

13. Acceptance Testing; Final Acceptance. All Software and Services shall be subject to acceptance testing by City to verify, to its reasonable satisfaction, that each deliverable conforms to the requirements of a particular phase or milestone as set forth in the Exhibit "A" hereto or with respect to the Software, that it conforms to the Functional Requirements in all material respects and does not contain errors. City and Provider will agree on a reasonable testing methodology for the Software. Acceptance testing will not begin for any deliverable until sufficient data, as reasonably determined by City, has been converted and loaded into the Software or component thereof to enable City to test the functionality of the Software or any component thereof in a test environment that approximates a live production environment. If City determines that any Software deliverable or Services do not conform with the foregoing requirements, City shall promptly deliver to Provider a notice of non-conformity, and Provider shall work diligently to correct all nonconformities free of charge to City by issuing one or more error corrections or re-performing the defective Services. Each error correction shall be subject to additional acceptance testing by City. Notwithstanding the acceptance of any deliverable by City, such deliverable shall remain subject to the warranty obligations of Provider for the entire Warranty Period. "Final Acceptance" shall occur ninety (90) days after Go-Live provided that the Software is operating properly in accordance with all of the Functional Requirements and there are no material warranty issues that adversely impact the ability of City to operate the Software.

14. Standard of Care.

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

15. Assignment and Subconsultant.

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

16. Independent Contractor. Provider enters into this Agreement as an independent contractor and not as an employee of the City. The Provider shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Provider are employees, agents, contractors or subcontractors of the Provider and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Provider by any such employees, agents, contractors subcontractors, or any other person resulting from performance of this Agreement.

Provider agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research. 5 46708.00106\45270497.1

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

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

18. Integration. The Contract Documents represent the entire understanding of the City and Provider as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement.

19. Title to Software. Provider represents and warrants that it is the sole owner of the Software or, if not the owner, that it has received all legally required authorizations from the owner to license the Software as contemplated herein, has the full power to grant the rights required by this Agreement, and that neither the Software, nor its use in accordance with the Contract Documents, will violate or infringe upon any patent, copyright, trade secret, or any other property rights of another person or City.

20. Infringement and Performance Breach Remedies. If it is claimed that any work furnished by Provider, whether first developed by Provider for the City or not, infringes any intellectual property right or is otherwise unlawful, Provider agrees to defend or settle any such claim or suit at Provider's expense and to indemnify and hold the City harmless from any losses, damages or harm, including attorney's fees and legal expenses, incurred as a result of such claim.

Without the City's prior written approval, Provider shall not accept any liability on the City's behalf for the infringement, nor shall Provider reach a settlement that from the City perspective impairs the value or usefulness of the work that is the subject of the infringement claim. Provider will also pay all damages and costs that by final judgment, settlement or other resolution are assessed against the City due to such alleged or proven infringement and reimburse the City for any direct damages suffered by the City as a result of the infringement claim, including but not limited to attorney's fees. Should Provider find, or be found, to have infringed on any intellectual property rights, Provider will procure; (i) a right for the City to continue using the applicable Software or Work Product, (ii) a solution to mitigate the infringement, or(iii) a product to replace the infringing product that provides the functionality and complies with the specifications contained in the Contract Documents. The City shall not incur any additional costs related to the aforementioned remedies.

21. Termination.
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a. Termination for Default. Subject to the right to cure contained in Section 20.b., the City may terminate this Agreement in whole or in part, at any time that the City determines that Provider is in material default of its obligations under the Contract Documents. Termination for default is effective on the date specified in the City's written notice of default. Should Provider fail to cure a default, then in addition to any other remedies provided by law or the Contract Documents, Provider shall compensate the City's actual costs to obtain substitute performance. A termination for default shall be deemed a termination for convenience if the termination for default is later found to be without justification. b. Cure. Provider shall have a period of ten (10) days following a written notice of default to either cure such default or if such default cannot be cured within such period, to provide evidence satisfactory to City, in its sole discretion, that Provider is taking action to cure such default.
c. Termination for Convenience. This Agreement may be terminated by the City, in whole or in part, upon thirty (30) days written notice to Provider, when the City determines this to be in its best interest. The termination for convenience is effective on the date specified in the City's written notice. Termination for convenience may entitle Provider to payment for reasonable costs allocable to the Contract Documents for work or costs incurred by Provider up to the date of termination. Provider shall not be paid compensation as a result of a termination for convenience that exceeds the amount payable under the schedule of charges in Exhibit "B."
d. Termination for Non-Appropriation. City's payment obligation under this Agreement extends only to funds appropriated annually by City's governing body for the purpose of this Agreement. For each succeeding fiscal period covered by this Agreement, City's applicable department responsible for this Agreement agrees to include in its budget request appropriations sufficient to cover the annual financial obligations under this Agreement. However, City's governing body has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. If City is appropriated insufficient funds to continue annual payments under this Agreement, City may terminate this Agreement effective upon the last day of the fiscal year for which funds were appropriated. Upon termination under this paragraph, Provider shall be entitled to compensation for all services rendered prior to the effective termination date. Provider's assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This Section controls against any and all other provisions of the Agreement. e. Software License. If there is a termination for any reason, the City shall have the right to elect to (i) retain and use any Software for which City has paid the license fee to Provider; or(ii) return and discontinue use of such Software in exchange for a refund of such license fee.

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

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Contractual Liability with respect to this Agreement (7) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 11 85, CG 20 10, or CH 20 26, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. 8 46708.00106\45270497.1

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

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of'the insured and must include a provision establishing the insurer's duty to defend. e. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Provider shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit 9 46708.00106\45270497.1

Employer's Liability $1,000,000 per accident or disease Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant 10 46708.00106\45270497.1

or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, 11 46708.00106\45270497.1

City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

23. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

24. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is one thousand dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the 12 46708.00106\45270497.1

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

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

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

27. Documents. Provider shall deliver to City no less than one (1) full set of documentation, manuals, and training materials for the Software. Except as otherwise provided in Section 21 "Termination," above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

28. Project Manager. Consultant shall assign Mandeep Bhatia as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

CITY: CONSULTANT:

City of Upland Savant Solutions
460 N. Euclid Avenue 1030 G St.

Upland, CA 91786 Sacramento, CA 95814
Attn: Richard Jeganathan Attn: Mandeep Bhatia
13 46708.00106\45270497.1

and shall be effective upon receipt thereof.

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

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

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

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

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

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

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

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

38. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
14 46708.00106\45270497.1

39. Counterparts. This Agreement and any exhibits, amendments or renewals hereto may be executed in a number of counterparts, and each counterpart signature, when taken with the other counterpart signatures, is treated as if executed upon one original of this Agreement or any amendment or renewal. A signature by any party to this Agreement provided by facsimile or electronic mail is binding upon that party as if it were the original. [SIGNATURES ON FOLLOWING PAGE]
15 46708.00106\45270497.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF UPLAND
AND
SAVANT SOLUTIONS INC.

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

CITY OF UPLAND SAVANT SOLUTIONS
Approved By: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer
REQUIRED]
By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By: By:

Keri Johnson
City Clerk Its:

Printed Name:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
CityAttorney
16 46708.00106\45270497.1

EXHIBIT A
Scope of Services
Services Packages
Identity and Privileged Access Implementation Services — Standard Package The Service Provider will assist Customer with planning, deploying, and configuring an Enterprise Identity Security and Privileged Access Management ("PAM")Software-as-a-Service (¢Saa ")solution_ In addition, the Service Provider will provide advisory sessions to guide Customer with strategic best practices for securing critical assets. Specifically, the Service Provider will assist with:

Discovery and Planning
Jdentity Security discovery and planning, including:
• Review of overall Identity Security Platform architecture, services,and capabilities_ • Review requirements and standard prerequisites for deployment readiness, including:
o Enterprise system integrations
o Connector server deployment locations
o Gore connector services and optional load balancing • Review Customer change management approval processes. • Review personnel requirements for solution implementation. • Validate Identity Security Platform readiness for the Deployment phase. • Review available best-practice guidance sessions based on industry security frameworks and assist Customer with enroffing in sessions aligned with organizational goals.
. Provide standard Solution Discovery documentation.

The Discovery and Planning phase tis estimated to be completed in two (2) meetings of Three (3) hours each, plus one (1)hour each for offfine documentation research and follow-up.

Deployment
Conduct deployment meetings which will include:
. Assist with installing, configuring, and hardening supported platform components on Customer infrastructure, including up to:
o Four(4)secure gateway/connector servers (including remote access proxies, policy managers, and secure tunnels)with Customer-configured load balancing. • Configure Fdenhty controls for Multi-Factor Authentication (-MFA"), Single Sign-On ("SSO'), and application password management
17 46708.00106\45270497.1

• Configure secure remote administrative access controls (including web portal, mobile access, and application integration).
• Configure endpoint privilege management for up to two(2) target workstation agents. • Validate operational functionality of the new identity environment via the cloud administration portal_
• Assist with the following standard integrations:

C. One (1)directory service integration (e.g., LDAP or identity fe-deration standard) with an external Identity Provider(aldP").
o Multi-Factor Authentication via standard federated protocols(e.g., SAML or RADIUS).
o Remote administrative access for up to one(1) licensed user, including access validation and user onboarding review.
o Audit and logging integration with up to one(1)third-party security system. o Automated email notification system for security events. • Assist with testing administrative credential management and privileged session controls for up to two(2)target account types across:
o Windows Operating Systems (LocaUDomain)
o Linux/Unix Operating Systems (Root)
• Assist with testing application password management for up to two (2)users, including browser extension and mobile application deployment.
• Assist with configuring and testing Just-In-Time (JIT) access controls for up to two (2) users on target domain environments, including connectivity testing and audit verification.
• Assist with testing offline access controls for up to two (2)users. • Conduct an administrative walkthrough of the identity solution covering administrator workflows, end-user experience, system documentation, and ongoing operational resources_
The Deployment phase is estimated to be completed in four(4) meetings of eight(8)hogs each
Operational Enablement & Guidance
Following completion of foundational technical onboarding, Customer may participate in ongoing best-practice guidance sessions covering strategic topics throughout the term of the service, including:
▪ Foundational Security Governance
• Managing Administrative Domain &Server Accounts
• Managing Operating System Local Accounts
• Endpoint Privileged Access& Least Privilege Enforcement ▪ Web Application Security &Connection Components
Supplemental Training
Throughout the engagement, Customer may utilize up to six (6)training credits to enroll in supplemental educational courses via the Service Provider's learning management catalog. 18 46708.00106\45270497.1

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice the City in three (3) annual payments of$87,074.69 for all software, services, equipment and training in the Exhibit A Scope of Services.

For Additional Work, if necessary, including Professional Services Packages, Add-Ons and Success Points, fees will be invoiced upon execution of a written, mutually acceptable Purchase Order (PO) at the rates defined in NASPO Value Point Master Agreement Number AR3229.

For time and material Days, professional services will be invoiced monthly as rendered. One day is composed of eight (8) business hours. Time and material days will be invoiced in one (1) hour increments to reflect the length of the engagement. 19 46708.00106\45270497.1

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 Long Beach 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. 7/29/2026 ,Pawi 5'E ,e.

Date Signature of authoriz individual
Savant Solution 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 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 of tO>y
�e d CITY OF UPLAND

BUDGET AMENDMENT
P - c tiP
Date: 8/10/2026 Fiscal Year: FY26-27
Requested by: Charles Kwon Amount: $ 261,224.00 Dept/Div: Finance Description: Professional &Software Services Agreement with Savant Solutions

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 7531401-5254 IT/ Data Processing Services 146,780.00 146,780.00 261,224.00 408,004.00 Total 146,780.00 146,780.00 261,224.00 408,004.00

REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - - -
FiscalImpact 261,224.00
REASON/JUSTIFICATION (Please be specific)
O Appropriations per City Council approval
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:

Description of Expense:
❑ Other- Explain:

This request is directly related to:
❑ Purchase Requisition No. Vendor:

El Council Meeting action: 8/10/2026 (Attach copy of minutes) Increase Purchase Order# OR Requisition #

APPROVALS
Dept Head Approval: Date:

Deputy Director of Finance: Date:

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

Finance Division Only:

BA#: 0227B007 Help Ticket#: N/A
Journal #: Initial/Date:

Revised:3/2024 Page 82i 355o PM

����°� °p`q� CITY
UPLAND
�r. .__� ... ]��/�: J/L//1 y �/'� "The City of Gracious Living" ltiriiVO
''' 5
oid
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

STACI SULLIVAN,DEPUTY DIRECTOR OF FINANCE
SUBJECT: CONSIDER APPROVING FISCAL YEAR 2025-26 CARRY FORWARD OF FUNDS IN THE AMOUNT OF$40,000 FOR THE LITTER FREE UPLAND PILOT PROJECT RECOMMENDED ACTION:

It is recommended that the City Council approve the carry forward of$40,000 from Fiscal Year 2025-26 to Fiscal Year 2026-27 to partially cover the cost of the Litter Free Upland pilot program.

GOAL STATEMENT
The proposed action supports the City's goal to provide fiscal stewardship for the City of Upland.

BACKGROUND
Citywide litter and debris challenges have multiple causes, the most effective programs typically combine infrastructure improvements, regular maintenance, community engagement, and consistent enforcement rather than relying on a single solution.

ISSUES AND ANALYSIS
The Public Works Department has entered into an Agreement with Litter Free Upland for Litter/Debris Removal Services. The program is about more than litter removal, it's about helping the City of Upland test a repeatable, community-supported model for cleaner public spaces, stronger civic ownership, and more effective field coordination.Litter Free Upland has recently shown what is possible with little to no formal funding.This pilot gives the City a chance to strengthen that momentum,improve visible conditions in key locations,support youth,and build the mapped field data,documentation,and public trust needed for longer-term success.It strengthens the City's ability to demonstrate good-faith effort, improve competitiveness for future grant opportunities, and connect on-the-ground implementation with broader stormwater, beautification, and maintenance goals. With City partnership, Litter Free Upland can help move Upland toward a cleaner,more welcoming,and more resilient public environment-one where residents,businesses,volunteers,and students all see themselves as part of the solution.

This pilot project was conceptually approved in January 2026,with the Agreement executed in June for a start date of July 1,2026.Given that the purchase order will be established in Fiscal Year 2026-27,a carry forward in the amount of$40,000 is requested to cover a majority of the contract cost of$45,000 without negatively impacting the current operating budget.

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$40,000 available in the Fiscal Year 2025-26 City Manager Discretionary Account No. 1011201-5210 which can be carried forward to Fiscal Year 2026-27.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

4 of riz.z

CITY OF UPLAND
' BUDGET AMENDMENT
P - c tiP
Date: 9/14/2026 Fiscal Year: FY26-27
Requested by: Charles Kwon Amount: $ 40,000.00 Dept/Div: Finance Description: Litter Free Upland Pilot Project

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 1011201-5210 City Admin/CM Contingency 81,030.00 81,030.00 40,000.00 121,030.00 Total 81,030.00 81,030.00 40,000.00 121,030.00

REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - -
FiscalImpact 40,000.00
REASON/JUSTIFICATION (Please be specific)
❑ Appropriations per City Council approval
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:

Description of Expense:
❑ Other- Explain:

FISCAL YEAR 2025-26 CARRY FORWARD OF FUNDS FOR THE LITTER FREE UPLAND PILOT PROJECT This request is directly related to:
❑ Purchase Requisition No. Vendor:

El Council Meeting action: 9/14/2026 (Attach copy of minutes) Increase Purchase Order# OR Requisition #

APPROVALS
Dept Head Approval: Date:

Deputy Director of Finance: Date:

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

Finance Division Only:

BA#: 03276005 Help Ticket#: N/A
Journal #: Initial/Date:

Revised:3/2024 Page 84)/i 24B55 AM

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2

CITY OF UPLAND

AGREEMENT FOR GENERAL SERVICES

1. PARTIES AND DATE
This Agreement for Litter and Debris Collection Services ("Agreement") 1st day of July 2026 by and between the City of Upland, a 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 Upland Acts of Service dba Litter Free Upland, a 501(c)3 with its principal place of business at 253 N. Euclid Avenue, Apt C, Upland, CA 91786 ("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 Litter and Debris Collection services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Litter and Debris Collection services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services as set forth in this Agreement.

3. TERMS

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City ("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 July 1, 2026, to December 31, 2026, unless earlier terminated as provided herein.

3.2 Compensation.

3.2.1 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 compensation shall not exceed forty-five thousand dollars ($45,000.00) without written approval of the City Council.

3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by BB&K(2026) 1 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 Contractor. The statement 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 statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.2.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.2.4 Additional 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.

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 Responsibilities of Contractor.

3.3.1 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 of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any 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. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. 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
(a) 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..

BB&K(2026) 2 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2

3.3.2 Schedule of Services/Time for Performance.
(a) Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Contractor represents that it has the skilled 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. (b) Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3)orders of governmental authorities(including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
(c) Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

3.3.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows:

3.3.5 City's Representative. City hereby designates Richard Smiderle, Operations Manager, or his or her designee, to act as its representative for the performance of BB&K(2026) 3 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

3.3.6 Contractor's Representative. Contractor hereby designates Joshua Day, President, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.3.8 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 contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the 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. 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 any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor's errors and omissions.. Any employee of Contractor or its subcontractors who is determined by 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 City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the 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 Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, 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.

3.3.10 Insurance.
(a) 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 BB&K(2026) 4 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. (b) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (3) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (c) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10)days shall be allowed for non-payment of premium.

BB&K(2026) 5 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 (3) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(d) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers 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, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
(g) Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, 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.
(h) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VIII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
(i) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

BB&K(2026) 6 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 (j) Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(5) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit the Contractor's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(6) 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.
(I) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

BB&K(2026) 7 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2

3.3.11 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, 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.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.,which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. 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.

3.4.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the 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. Notwithstanding the foregoing,the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.4.3 Compliance Monitoring. This Agreement 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. 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 BB&K(2026) 8 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4.4 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.

3.5 Termination of Agreement.

3.5.1 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 fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, 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.

3.5.3 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.

3.6 Indemnification.

3.6.1 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 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 such loss or damage which is caused by the sole negligence or willful misconduct of the City.

3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may BB&K(2026) 9 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 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.

3.7 General Provisions.

3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged 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.

3.7.2 Independent Contractors and Subcontracting.
(a) Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor's behalf are Contractor's employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent.

3.7.3 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:

Upland Acts of Service dba Litter Free Upland
Joshua Day, President
BB&K(2026) 10 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 253 N Euclid Ave Apt C
Upland, CA 91786
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Richard Smiderle, Public Works Department
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.

3.7.4 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.

3.7.5 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action.

3.7.6 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 supplemented, amended or modified by a writing signed by both Parties.

3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

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

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

3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.11 Assignment or Transfer. shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

3.7.12 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 work days. All references to Contractor include all personnel, employees, agents, and BB&K(2026) 11 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected 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.

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

3.7.14 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.

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

3.7.16 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.

3.7.17 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. 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.

3.7.18 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. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.7.19 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.

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

BB&K(2026) 12 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2

3.7.21 Employment Adverse to City. Contractor shall notify City, and shall obtain City's written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.7.22 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City's payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

3.7.23 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

BB&K(2026) 13 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2

SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF UPLAND AND

UPLAND ACTS OF SERVICE DBA LITTER FREE UPLAND
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF UPLAND UPLAND ACTS OF SERVICE DBA LITTER

FREE UPLAND
Approved By:
kictu�Doci td,by. [If Corporation, TWO SIGNATURES, ,FF President OR Vice President AND
Michael Blay Secretary OR Treasurer REQUIRED]
City Manager
c—DocuSigned by:

Approved as to Form: ( 0% ,,-4 4. U.K.y
BY" ' 242002DSAE10&CJ4
Signed by.
[ Lt,s Gout tLv, Its: President
ABE0B7DE31024D9
Best Best & Krieger LLP Joshua Day
City Attorney Printed Name:

Attested By:
,—DocuSigned by:
3 —r421A010:ACJ47A...

City Clerk
BB&K(2020) 14 AGREEMENT FOR GENERAL SERVICES 46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 EXHIBIT "A"

SCOPE OF SERVICES
BB&K(2020) 15 EXHIBIT A SCOPE OF SERVICES
46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 Pilot Scope and Deliverables
Deliverable Description Planned cadence
Scheduled service activations in priority corridors, parks, Recurring cleanups 6-8 per month
trails, and commercial problem areas.

Targeted follow-up at problem sites identified through
Hotspot response Ongoing
field observation, resident reports, or city referral.

Welcoming, well-organized community events with sign-
Volunteer events Ongoing
up support, supplies, orientation, and safety briefing.

Printed materials, QR codes, signage concepts, and
Public education Monthly/ongoing
public-facing messaging to reinforce anti-litter culture.

This display of support will expand visibility and show Once during Pilot Ye Bridal Path Tree Shaving
that we are here to beautify the city. Period
Tree Program Canvasing and Identified areas needing notification will be canvased by Ongoing
outreach volunteer groups.

Site logs, weight tracking, hotspot mapping,trend
Mapping and reporting Monthly
review, and monthly reporting meetings or summaries.

The pilot may safely remove litter, solid waste, and other items that are clearly within program scope. Needles, hazardous materials, major illegal dumping, or oversized items requiring special handling would be documented and referred through agreed city channels rather than handled informally.This keeps the program effective while respecting safety and operational limits. •
•
p f
111
=sly" `�.

Civic Pride and hard work and community are alive in Upland.

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 Success Measures and Reporting
Measure How it will be tracked Report cadence 6-8 field activations per month, plus city-referred or
Service activity Monthly
resident-reported follow-up when feasible.

Track site weights and visible improvement over time, with Monthly/
Litter reduction an initial goal of at least 5% reduction at recurring target sites. quarterly
Aim for steady 2%to 4% monthly growth in volunteer
Volunteer growth Monthly
capacity and participation.

Document site frequency,type of litter or waste, repeat Hotspot intelligence Monthly
conditions, and issues requiring city escalation.

Bridal Path Tree Shaving At least one documented
Use before/after photos, public response,ticket analytics, Public value Monthly/final
and participation visibility to show broader benefit.

Months 1 and 2 should establish or refresh the baseline by identifying under-reported sites, updating the service map,and launching public reporting materials and QR-based instructions.The middle phase should emphasize regular field service, monthly reporting to Public Works, and school engagement.The closeout phase should deliver a final report, updated map, lessons learned, and recommendations for expansion or continuation.

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 6-Month Pilot Timeline
Pilot phase Planned work
Review litter data, identify under-reported locations, release outreach flyer/QR Months 1-2
materials,align city coordination,social media campaign Maintain recurring cleanups,hotspot response,volunteer activations, public-facing Months 3-4
outreach,school engagement,and monthly performance reporting.

Close out the pilot with updated metrics,final map, lessons learned, program Months 5-6
recommendations,and a presentation or summary packet for the City.

End-of-term deliverables
• Final written report summarizing service activity, pounds removed,site patterns,ticket or report trends, school engagement,and public response.
• Updated hotspot map or heatmap reflecting pilot-period activity and observations. • Lessons learned and recommendations for the City's next phase,whether continuation, refinement, or expansion. •Visual packet with before/after examples,volunteer images,and public-facing proof of visible impact.

Long-Term Value to the City of Upland
At its core,this proposal is about more than litter pickup. It is about helping the City of Upland test a repeatable, community-supported model for cleaner public spaces, stronger civic ownership, and more effective field coordination. Litter Free Upland has already shown what is possible with little to no formal funding.This pilot gives the City a chance to strengthen that momentum, improve visible conditions in key locations, support youth, and build the mapped field data,documentation, and public trust needed for longer-term success. It also strengthens the City's ability to demonstrate good-faith effort, improve competitiveness for future grant opportunities, and connect on-the-ground implementation with broader stormwater, beautification, and maintenance goals.

With city partnership, Litter Free Upland can help move Upland toward a cleaner, more welcoming, and more resilient public environment-one where residents, businesses,volunteers, and students all see themselves as part of the solution.

Proposed message the City should be able to say after reading this proposal:
"Litter Free Upland has made impact in one year with almost no formal funding.A structured partnership can help turn that proven energy into a stronger citywide cleanliness program."

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 EXHIBIT "B"

COMPENSATION
BB&K(2020) 16 EXHIBIT B COMPENSATION
46708.00101\44686259.1

Docusign Envelope ID:7C1899B9-BC62-8C42-82AF-3945142E98E2 Budget Framework
Category Amount Purpose
Core operating costs required to keep recurring field
Program administration,
coordination,field operations labor $19,500 operations reliable throughout the 6-month pilot term.Administrative overhead, insurance
Refurbishing, retrofitting, installing backup camera
Direct Vehicle Cost $5,000
and other safety measures.

Fuel, mileage,and transportation support tied to
Fuel and route support $4,500 recurring cleanups,volunteer events,and movement between service locations,vehicle insurance.

Website support, litter reporting system setup and
maintenance (used to schedule pickups in needed
Volunteer experience,website, locations, iPad and mounting hardware,volunteer litter reporting system,field $5,000 check-in tools, onboarding materials, orientation technology,and website support videos, branded EZ-Up, snacks,water, and volunteer hospitality items that improve retention and
participation.Training for special tasks.

Flyers,signage, QR-based outreach,educational
Outreach, printed materials, materials, banners,graphics,social media capture, graphics, public education,and $4,000 livestream support, and printed materials that media increase public awareness and reinforce anti-litter messaging.

Transport bins, storage, liners, disposal support when
needed, replacement field equipment not covered by
Waste logistics and supplemental
field equipment $4,000 donors, PPE backfill, servicing supplies for approved trash cans, and operational items that improve field
efficiency.

Community event participation, local memberships,
Community access,events, and branded promotional items,tabling fees, and outreach $3,000
memberships, legal fees opportunities that help keep the program visible, connected, and accessible to residents.

Total $45,000 6-month pilot request

U~�4OF U_4
4 CITYUPLAND
.�, �. OF
"The City of Gracious Living"
oid
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

JESSICA GORDON,DEPUTY PUBLIC WORKS DIRECTOR-OPERATIONS

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 2026-27 through Fiscal Year 2030-21 and approve a Resolution adopting the Measure I Five- Year Capital Project Needs Analysis for Fiscal Years 2027-28 through Fiscal Year 2031-32.

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", a half-cent sales tax that partially funded countywide transportation improvements between 1990 and 2010.In November 2004,voters passed "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" (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 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. These are local returned funds based on Upland's population and 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 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 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.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UPLAND, STATE OF CALIFORNIA, ADOPTING THE

MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN
FOR FY 2026/2027 THROUGH FY 2030/2031
WHEREAS, San Bernardino County voters approved passage of Measure I 1990-2010 in November 1989 and renewed as Measure 12010-2040 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UPLAND 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.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, or

Resolution No.

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 10th day of August, 2026.

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 10th day of August, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UPLAND ADOPTING THE MEASURE I FIVE-YEAR

CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL
YEARS 2027/2028 THROUGH 2031/2032
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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UPLAND 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 2027/2028 through 2031/2032, 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 unconstitutional, invalid, or ineffective.

Resolution No.

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

PASSED, APPROVED and ADOPTED this 10th day of August, 2026.

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 10th day of August, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Resolution Number:

Resolution Approval Date: 8/10/2026
Jurisdiction:

Measure I Local Pass-through Program
Contact Person/Title: Bob Critchfield/Engineering Manager FIVE YEAR CAPITAL IMPROVEMENT PLAN Upland Phone: (909)291-2946
Email: [email protected] Fiscal Years 2026/2027 thru 2030/2031 6/30/26 Carryover Balance) $11,795,613.00
Is Project in FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue FY2030/31 Est. Revenue Total Est.Rev.

City's Does Project Is the Project on the City's Non-motorized have an ATP Estimated Total
Transportation Component? Nexus Study List? $2,081,672 $2,131,215 $2,183,212 $2,236,479 $2,291,045 $10,923,623 (Public/DIF Share%) Project Cost
Plan? (Yes/No) Current Current Current Current Current Total Projects: (Yes/No) Estimate Estimate Estimate Estimate Estimate _
9th St. Rehabilitation(8th Ave..to Grove Ave.) No No 0.0%i 0.0%1 $3,000,000 $0 $0 $0 $500,000 $2,500,000 $3,000,000 18th St. Rehabilitation(Mountain Ave.to Euclid Ave.) No No 0.0% 0.0% $3,845,842 $565,767 $0 $0 $0 $0 $565,767 19th St. Rehabilitation(Mountain Ave.to Euclid Ave.) No No 0.0% 0.0% $3,993,000 $1,785,039 $1,400,000 $700,000 $0 $0 $3,885,039 Campus Ave. Rehabilitation(9th St.to Foothill Blvd.) No No 0.0% 0.0% $4,063,000 $3,920,303 $0 $0 $0 $0 $3,920,303 Citywide Pavement Maintenance 2023/2024 No No 0.0% 0.0% $195,215 $195,220 $0 $0 $0 $0 $195,220 Citywide Pavement Maintenance 2024/2025 No No 0.0% 0.0% $200,584 $46,028 $0 $0 $0 $0 $46,028 Citywide Pavement Maintenance 2025/2026 No No 0.0% 0.0% $350,000 $42,218 $0 $0 $0 $0 $42,218 Citywide Pavement Maintenance 2026/2027 No No 0.0% 0.0% $250,000 $250,000 $0 $0 $0 $0 $250,000 Citywide Pavement Maintenance 2027/2028 No No 0.0% 0.0% $250,000 $0 $250,000 $0 $0 $0 $250,000 Citywide Pavement Maintenance 2028/2029 No No 0.0% 0.0% $250,000 $0 $0 $250,000 $0 $0 $250,000 Citywide Pavement Maintenance 2029/2030 No No 0.0% 0.0% $400,000 $0 $0 $0 $400,000 $0 $400,000 Citywide Pavement Maintenance 2030/2031 No No 0.0% 0.0% $400,000 $0 $0 $0 $0 $400,000 $400,000 Grove Ave. Rehabilitation(Foothill Blvd.to 15th St.) No Yes 0.0%1 0.0% $3,206,068 $3,143,346 $0 $0 $0 $0 $3,143,346 Monte Vista Ave. Rehabilitation(S.City Limit to Foothill) No No 0.0% 0.0% $3,500,000 $400,000 $2,100,000 $1,000,000 $0 $0 $3,500,000 Mountain Ave. Rehabilitation(20th St.to 23rd St.) No No 0.0%1 0.0% $2,670,000 $2,653,787 $0 $0 $0 $0 $2,653,787 Mountain Ave. Rehabilitation(S.City Limit to 9th St.) No No 0.0% 0.0% $3,500,000 $0 $400,000 $2,100,000 $1,000,000 $0 $3,500,000 San Antonio Ave. Rehabilitation(11th St to 13th St.) No No 0.0% 0.0% $1,250,000 $0 $0 $350,000 $900,000 $0 $1,250,000

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

0.0%I 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 $0 $0 $0 Projects Total: $13,001,708 $4,150,000 $4,400,000 $2,800,000 $2,900,000 $27,251,708 Total Estimated Prorammin(Must not exceed 150%of Carryover Balance+ Total Programming is currently 120% Total Estimated Revenue) g g: $27,251,708

EXHIBIT "B"

CITY OF UPLAND

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2026/2027 to 2030/2031
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.

Capital Project Needs Analysis
Nexus Project Cost $ 5,900,000 City of Upland EXHIBIT C 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 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 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: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - Comments: -Select Fund- $ - $ - $ - $ - $ - $ - $ - Project completed in 2013 -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,554,543.00
Fund Type: MSI Arterial $ 432,543.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 1,122,000.00 $ - $ - $ - $ - $ - $ - -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 2025/2026 expenses.

Exhibit C-CPNA Foothill Blvd-Proj 1

Capital Project Needs Analysis
Nexus Project Cost $ 4,000,000 City of Upland EXHIBIT D 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 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 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: $170,000.00
$4,000,000.00 Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - OTHER $ 150,000.00 $ - $ - $ - $ 20,000.00 $ - $ - 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 2025/2026 expenses.

Exhibit D-CPNA Arrow Rte-Proj 2

Capital Project Needs Analysis
Nexus Project Cost $ 8,974,000 City of Upland EXHIBIT E 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 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 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 2025/2026 expenses.

Exhibit E-CPNA I-10_Euclid Ave-Proj 3

Capital Project Needs Analysis
Nexus Project Cost $ 33,144,900 City of Upland EXHIBIT F 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 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 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 $ - $ - $ - $ - $ - $ - $ - Total Measure I Request: -Select Fund- $ - $ - $ - $ - $ - $ - $ - -Select Fund- $ - $ - $ - $ - $ - $ - $ - $0.00 -Select Fund- $ - $ - $ - $ - $ - $ - $ - (Summation of Measure I) Other: $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Comments: Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -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 1
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- $ - $ - $ - $ - $ - $ - $ - Montclair. Other: $ - $ - $ - $ - $ - $ - $ - "Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Exhibit F-CPNA I-10_Monte Vista Ave-Proj 4

,s��°F °p`qt C oFUPLAND
�, �. "The City of Gracious Living"
c�lrFOR�i� oid
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY PUBLIC WORKS DIRECTOR—UTILITIES ROSA GUTIERREZ,ENGINEERING MANAGER—UTILITIES
SUBJECT: EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER STATION UPDATE RECOMMENDED ACTION:

It is recommended that the City Council receive and file the status update related to the KSM Electric,Inc. contract for emergency repair work at the 26 W. 15th Street Transfer Station.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining critical public works and utilities support facilities in good operable conditions in order to provide safe and reliable water service to the community.

BACKGROUND
On February 9,2026,the City Council adopted Resolution No. 6866 declaring an emergency condition and approved the emergency repair work at the 26 W. 15th Street Transfer Station.This included approval to execute a contract with KSM Electric,Inc. The emergency action was necessary to address facility conditions requiring immediate repair to maintain safe and reliable operations. Per the City's Purchasing Policy, emergency purchases require a recurring update during City Council agendas until such time as the work is completed.

The work generally includes electrical system repairs, replacement of damaged or failing electrical components, troubleshooting and restoration of power and control systems,and associated work necessary to restore the facility to safe and operational condition.Following Council authorization,staff completed contract execution and advanced the project into implementation, including conducting a pre-construction meeting with KSM Electric, Inc. and its subcontractors and issuing the Notice to Proceed effective April 2,2026.

ISSUES AND ANALYSIS
Material submittals are being reviewed, and traffic control permit coordination remains ongoing. Temporary power was installed to the vault, and demolition of the existing electrical equipment has been completed, including circuit breakers,control panels,lights,receptacles,ventilation fan,and sump pump.Work is expected to resume in the coming weeks following delivery of the soft start panel.

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

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

qoF Ul'G CITOFUPLAND
UHF 9
i w$ "The City of Gracious Living"
C''' 4�1� c Staff o'w
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

JESSICA GORDON,DEPUTY DIRECTOR OF PUBLIC WORKS -OPERATIONS

RICHARD SMIDERLE,OPERATIONS MANAGER

ERICA RODRIGUEZ,RECREATION SUPERVISOR
SUBJECT: CONSIDER AWARD OF GIBSON SENIOR CENTER INTERIOR IMPROVEMENT PROJECT RECOMMENDED ACTION:

It is recommended that the City Council approve the bid and specifications for Project No. 76091 —Gibson Senior Center Interior Improvement Project; award the project contract to KNM Design Build, LLC., in the amount of $209,930;approve a construction contingency in the amount of$36,432,for a total amount of$246,362;and authorize the City Manager to execute the contract and related documents.

GOAL STATEMENT
The proposed action supports the City's goal and objective to maintain and improve City building infrastructure.Over the past 29 years,the Gibson Senior Center building has become aged and in a state of disrepair due to its popularity for daily programing and increase in social programming and events.

BACKGROUND
On April 28,2025,the City Council approved the FY 25/26 CDBG Action Plan,which allocated$150,000 in Capital Project funds for Gibson Senior Center improvements.

On January 26, 2026, the City Council approved a transfer of$100,000 from unspent Multi-Family Rehabilitation Program funds to the Gibson Senior Center project.

The City completed a "Scope of Work" Bid Package document for the Gibson Senior Center Interior Project that includes the following:

1.) Interior Paint: All interior walls and ceilings. All rooms,hallways, storage areas,and restrooms.As needed, sand,prep,and fill small holes&imperfections.Prime coat as areas as needed.Apply two(2)coats of Dunn- Edwards paint.Two colors and one trim color.

2.) Interior Flooring:All interior floors.All rooms,hallways,storage areas,and restrooms.Removal of existing flooring products. Installation of new flooring products. Flooring products to be the following: carpet tiles, LVT,rubber,hardwood.

On May 28,2026,City staff conducted a mandatory job walk meeting for all prospective bidding contractors.Forty- two(42)prospective bidders attended the job walk meeting.

ISSUES AND ANALYSIS
On June 11, 2026, City staff conducted an official formal Bid Opening, the City received and opened 14 bids for Project No.76091,under Bid No. 2026-01,as follows:

BIDDER BID AMOUNT*
KNM Design Build, LLC $209,930.00
RS Construction and Development $229,745.00
Piana Construction&Painting Inc. $230,695.00