Agenda packet — Upland City Council, October 12, 2026 (part 1 of 3)

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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, Conncilmember -District 4
Monday, October 12, 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.

4. CLOSED SESSION

5. INVOCATION

Very Reverend Keith Yamamoto, St. Marks Episcopal Church

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Legislative update presented by Townsend Public Affairs

8. CITY ATTORNEY

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

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

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

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

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

Recommended Action:

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

Approve the Regular Meeting Minutes of September 28, 2026. (Staff Person: Keri Johnson)
b. ADOPTION OF ORDINANCE NO. 2016 ADDING CHAPTER 10.74 TO TITLE 10 12

OF THE UPLAND MUNCIPAL CODE

Recommended Action:

Adopt Ordinance No. 2016 adding Chapter 10.74 to Title 10 of the Upland Municipal Code to establish regulations for Electric Bicycles and other Electric Mobility Devices. (Staff Person: Marcelo Blanco)
c. CONSIDER ADOPTING A RESOLUTION UPDATING THE CITY'S CONFLICT 26

OF INTEREST CODE
CEQA: Not a Project.

Recommended Action:

Adopt a Resolution rescinding Resolution No. 6803 in its entirety and adopting a conflict of interest code applicable to designated positions, including members and staff of the City, the Successor Agency to the Upland Community Redevelopment Agency, Upland Public Financing Authority, Successor Agency to the Upland Housing Authority, City of Upland Parking Authority, and the City of Upland Financing Authority. (Staff Person: Keri Johnson) d. CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE TOW SERVICES 47

AGREEMENT WITH STEVE'S TOWING
CEQA: Not a Project.

Recommended Action:

Approve Amendment No. 1 to the Tow Services Agreement between the City of Upland and Steve's Towing, extending the agreement until October 31, 2027; and authorize the City Manager to execute the amendment. (Staff Person: Marcelo Blanco)
e. CONSIDER APPROVAL OF A FIRST AMENDMENT TO A TOW SERVICES 65 AGREEMENT WITH MR. T'S TOWING
CEQA: Not a Project.

Recommended Action:

Approve Amendment No. 1 to the Tow Services Agreement between the City of Upland and Mr. T's Towing and authorize the City Manager to execute the amendment. (Staff Person: Marcelo Blanco)
f. CONSIDER APPROVAL OF A FIRST AMENDMENT TO A LIEN SALES 82

SERVICE AGREEMENT
CEQA: Not a Project.

Recommended Action:

Approve Amendment No. 1 to the Lien Sales Services Agreement between the City of Upland and Denco Lien Sales, Inc. extending the agreement until October 31, 2027; and authorize the City Manager to execute the amendment. (Staff Person: Marcelo Blanco)
g. CONSIDER AWARD OF BID FOR PROJECT NO. 23924, DOWNTOWN PUBLIC 93 PARKING LOT IMPROVEMENT, SOUTHWEST CORNER OF ARROW HWY. & THIRD AVE.

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

Recommended Action:

Approve the Plans and Specifications for Project No. 23924; award the construction contract to Prestige Paving Company, Inc. in the amount of $158,585.99; and authorize a construction contingency of $26,414.01, for a total amount of$185,000. (Staff Person: Damien Arrula)
h. EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER 114

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. EMERGENCY REMEDIATION & RESTORATION EFFORTS FOR CITY HALL - 116 UPDATE
CEQA: Not a Project.

Recommended Action:

Receive and file the status update related emergency remediation and restoration efforts for City Hall. (Staff Person: Damien Arrula)
j. CONSIDER APPROVAL OF AN AGREEMENT WITH MARIPOSA 118 LANDSCAPES, INC. FOR LANDSCAPE MAINTENANCE SERVICES AT

UTILITIES FACILITIES
CEQA: Not a Project.

Recommended Action:

Approve a Maintenance Services Agreement with Mariposa Landscapes, Inc. for landscape maintenance services at designated utilities facilities and authorize the City Manager to execute the agreement. (Staff Person: Damien Arrula) k. CONSIDER APPROVAL OF AN AGREEMENT WITH G.M. SAGER 145 CONSTRUCTION COMPANY FOR ON-CALL PAVING SERVICES
CEQA: Not a Project.

Recommended Action:

Approve an agreement with G.M. Sager Construction Co., Inc. for on-call paving services in an amount not-to-exceed $2,400,000 for the initial three-year term, with up to two additional one-year extensions; and authorize the City Manager to execute the agreement. (Staff Person: Damien Arrula)
I. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR 240

CITYWIDE ASPHALT PAVEMENT SCANNING AND MANAGEMENT

PROGRAM REPORT
CEQA: Not a Project.

Recommended Action:

Award a professional services agreement with Transmap for asphalt pavement condition data collection and pavement management program update in the amount of $97,863.73; and approve a contingency amount of $5,136.27, for a

total amount of $103,000; and authorize the City Manager to execute the agreement. (Staff Person: Damien Arrula)
m. CONSIDER APPROVAL OF THE NATIONAL POLLUTANT DISCHARGE 260

ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION

AGREEMENT WITH SAN BERNARDINO COUNTY
CEQA: Not a Project.

Recommended Action:

Approve the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana Region between the City of Upland and the San Bernardino County Flood Control District, together with the other participating County and municipal permittees and authorize the City Manager to sign the agreement. (Staff Person: Damien Arrula)
n. CONSIDER APPROVAL OF FINAL TRACT MAP 20245 AND SUBDIVISION 302

AGREEMENT FOR KB HOMES RELATIVE TO THE VILLA SERENA

RESIDENTIAL PROJECT
CEQA: Statutorily Exempt from the California Environmental Quality Act (CEQA).

Recommended Action:

Approve Tract Map 20245 for recordation and authorize the City Manager to sign the subdivision agreement. (Staff Person: Robert Dalquest) o. CONSIDER APPROVAL OF CASP FUNDING FOR CONSTRUCTION OF THE 319

DOWNTOWN GAZEBO ADA AND SAFETY IMPROVEMENTS PROJECT, AND

APPROPRIATION OF FUNDING
CEQA: Not a Project.

Recommended Action:

Approve the transfer of $200,000 from the General Fund Certified Access Specialist fund balance to the General Fund Capital Project Fund 425; and appropriate $200,000 to Account No. 4257500-5540-82365 for construction of the Downtown Gazebo ADA and Safety Improvements project located at the intersection of Second Avenue and 9th Street in Downtown. (Staff Person: Robert Dalquest)
p. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT 323 WITH SIDEPATH, INC. FOR THE UPDATE AND REPLACEMENT OF VIRTUAL

SERVER ENVIRONMENT
CEQA: Not a Project.

Recommended Action:

Approve a professional services agreement with Sidepath Inc. for servers, related hardware, and deployment services in the amount of $643,010; approve a software license with Sidepath Inc. in the amount of $182,528 for a five-year VMware subscription for the City's virtual server environment; approve a budget amendment appropriating funds from the Information System Internal Service Fund Balance; and authorize the City Manager to execute all necessary documents. (Staff Person: Stephen Parker)

11. PUBLIC HEARINGS

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

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

13. BUSINESS ITEMS
a. SIDEWALK MANAGEMENT REPORT UPDATE 2026 381 CEQA: Not a Project.

Recommended Action:

Receive and file the presentation on the state of the City's sidewalks. (Staff Person: Damien Arrula)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, October 26, 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 October 7, 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 MEETING OF THE UPLAND CITY COUNCIL September 28, 2026
6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, 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 5:00 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 5:00 p.m.

4. CLOSED SESSION
At 5:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNCIL -ANTICIPATED

LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: one case.

The City Council reconvened in open session at 6:00 p.m.

5. INVOCATION
Mike Ingram, Christian Science Faith

6. PLEDGE OF ALLEGIANCE
Led by Police Chief Blanco

7. PRESENTATIONS

8. CITY ATTORNEY
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City Attorney Rice stated that by unanimous vote, motion by Mayor Velto and second by Councilmember Maust, the City Council has authorized legal counsel to file a petition with the State Water Quality Board to challenge the Santa Ana Regional Water Quality Control Board's adoption, on September 11, 2026, of the MS4 Permit.

9. ORAL COMMUNICATIONS
Stephen Mantosh, Redlands, stated that he is a kratom consumer and expressed concern regarding the misuse of kratom.

Roxanna Gracia, Representative for Assemblymember Rodriguez provided a legislative update and invited the public to an upcoming event.

Natasha Walton, Upland, commented on the proposed electric vehicle charging station ordinance and requested that the ordinance not apply to EV stations in public parks.

Miki Inbody, Rancho Cucamonga, introduced herself and stated that she is a candidate for the San Bernardino County Board of Education.

10. CONSENT CALENDAR
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of September 14, 2026. b. ADOPTION OF ORDINANCE NO. 2015 ADDING CHAPTER 9.50 TO THE

UPLAND MUNCIPAL CODE
Adopt Ordinance No. 2015 approving adding Chapter 9.50 (Flavored Tobacco; Nitrous Oxide; Kratom Products) to Title 9 (Public Peace And Welfare) of the Upland Municipal Code, regulating the sale of flavored tobacco, nitrous oxide, and kratom products within the City.
c. TREASURER'S REPORT AUGUST 2026
Receive and file the August 2026 Treasurer's Report.
d. CONSIDER APPROVAL OF AUGUST WARRANT AND PAYROLL REGISTERS Approve the August warrant registers totaling $19,397,477.13 (check numbers 58415 — 58759 and direct disbursements) and payroll registers totaling $2,213,425.42 (check numbers 164870 — 164885 and electronic fund transfers 64511 — 65105).
e. APPROVE THE TRANSFER OUT OF FUNDS FROM POLICE DEVELOPMENT IMPACT FEE FUND 419 AND TRANSFER IN OF FUNDS TO OTHER GRANTS FUND 217
2

Page 8 of 382 ends

Approve a Transfer Out of $25,689.55 from the Police Development Impact Fee Fund 419 and a Transfer In to Other Grants Fund 217 in the amount of $25,689.55 for the Police Women's Locker Improvement Project. f. CONSIDER APPROVAL OF AN UPDATE TO POSITIONS IN THE CITY'S

CLASSIFICATION PLAN
Approve the changes to positions in the City's classification plan. g. CONSIDER APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL

SERVICES AGREEMENT FOR METROLINK SECURITY SERVICES
Approve Amendment No. 1 to the Professional Services Agreement between the City of Upland and American Global Security, Inc. for Metrolink Station Security Guard Services and authorize the City Manager to execute the amendment. 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.

EMERGENCY REMEDIATION & RESTORATION EFFORTS FOR CITY HALL - UPDATE
Receive and file the status update related to the emergency remediation and restoration efforts for City Hall.
j. CONSIDER THE APPROVAL OF AN AMENDMENT TO THE AGREEMENT

WITH ANTHESIS FOR CUSTODIAL SERVICES
Approve Amendment No. 1 to the agreement with Anthesis and authorize the City Manager to execute the amendment.
k. CONSIDER APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BAPPTRE LANDSCAPING, INC., DBA SHINE

ILLUMINATION
Approve Amendment No. 2 to the Professional Services Agreement with Bapptre Landscaping, Inc., dba Shine Illumination and authorize the City Manager to execute the Amendment.

CONSIDER ADOPTION OF THE 2026 CITY OF UPLAND LOCAL HAZARD

MITIGATION PLAN
Approve Resolution No. 6907 adopting the City of Upland 2026 Local Hazard Mitigation Plan to assist with mitigating identified natural and human-caused hazards in the City of Upland.
m. CONSIDERATION OF A DEDICATION PLAQUE AND TEXT WITHIN THE TOM

THOMAS MAGNOLIA PLAZA LOCATED ON SECOND AVENUE IN

DOWNTOWN UPLAND
Approve the Dedication Plaque and text within the Tom Thomas Magnolia Plaza located on the southerly support column of the Plaza's gateway on Second Avenue in Downtown Upland.
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n. CONSIDER ADOPTING A REPLACEMENT RESOLUTION AUTHORIZING A

HOME-PROGRAM INCOME APPLICATION
Adopt Resolution No. 6908 authorizing submittal of an application to the California Department of Housing and Community Development for the use of HOME Program Income Funds. The Resolution will replace the existing HOME Program Income authorization resolution adopted on May 12, 2025. o. CONSIDER APPROVAL OF CONDOMINIUM PARCEL MAP 20937 AND SUBDIVISION AGREEMENT, LOCATED AT N 1113 ALTA AVENUE
Approve Condominium Parcel Map 20937 for recordation; and authorize the City Manager to sign the subdivision agreement.

11. PUBLIC HEARINGS

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

CONFERENCE ATTENDANCE
Councilmembers reported on their attendance at the CalCities Annual Conference.

13. BUSINESS ITEMS
a. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 10.74 TO TITLE 10

OF THE UPLAND MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR

ELECTRIC BICYCLES
Police Chief Blanco introduced Sergeant Divincenzo who presented information on the proposed ordinance along with a PowerPoint presentation and answered questions from the Council.

Council requested an addition to Section 10.74.030, Subsection B to include prohibiting the use of electric bikes and electric vehicles within event areas during City events.

Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Amend Section 10.74.030 Subsection B as revised by Council, hold first reading by title only, waive further reading, and introduce Ordinance No. 2016 adding Chapter 10.74 of the Upland Municipal Code to establish regulations for electric bicycles and other electric mobility devices.

Motion: Carried Unanimously
b. URGENCY ORDINANCE ADDING CHAPTER 15.34 TO THE UPLAND

MUNICIPAL CODE TO STREAMLINE PERMITTING OF ELECTRIC VEHICLE

CHARGING STATIONS
Development Services Director Dalquest presented information on the urgency ordinance along with a PowerPoint presentation and answered questions from the Council.
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Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Read the title of the Ordinance, waive further reading, and adopt, by 4/5 vote, Urgency Ordinance No. 2017 to establish an expedited and streamlined permitting process for electric vehicle charging stations, pursuant to Government Code section 65850.7, declaring the urgency thereof, and making a determination of exemption under the California Environmental Quality Act.

Motion: Carried Unanimously

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

Mayor Velto seconded Councilmember Maust's request that staff prepare an Ordinance prohibiting lithium battery storage facilities within the City.

15. CITY MANAGER
City Manager Blay announced upcoming Quality of Life Community Outreach meetings and reported that the City had secured more than $3 million in state funding for upcoming projects.

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 6:49 p.m. The next regularly scheduled City Council meeting is Monday, October 12, 2026.

Keri Johnson, City Clerk
5

Page 11 of 382 ends

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DATE: September 28,2026 6 — date Np ADOPTION TO: MAYOR AND CITY COUNCIL Item No
FROM: MICHAEL BLAY,CITY MANAGER (1 ,
PREPARED BY:MARCELO BLANCO,POLICE CHIEF
ERIC DIV1NCENZO,POLICE SERGEANT
SUBJECT: CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 10.74 TO TITLE 10 OF THE

UPLAND MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR ELECTRIC

BICYCLES
RECOMMENDED ACTION:

It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance adding Chapter 10.74 of the Upland Municipal Code to establish regulations for electric bicycles and other electric mobility devices.

GOAL STATEMENT
The proposed action supports the City's goal of improving public safety.

BACKGROUND
The use of electric bicycles and similar electric mobility devices has increased throughout Southern California, including within the City of Upland.While lawful e-bikes provide a useful form of transportation,their increased use has created public safety concerns involving riders operating on sidewalks, in parks, on public property, near pedestrians,and in other areas not intended for motorized or high-speed travel.These concerns are further complicated by modified e-bikes,electric motorcycles,and similar devices that are often referred to as"e-bikes"but do not meet the definition of an electric bicycle under the California Vehicle Code.

The proposed ordinance would establish clear local rules by prohibiting the operation of e-bikes and electric mobility devices on public sidewalks and most City-owned or City-controlled property, while preserving the lawful use of compliant e-bikes on public roadways and designated bicycle lanes,and the use of Class 1 and Class 2 e-bikes on the Pacific Electric Trail.

ISSUES AND ANALYSIS
The primary issue being faced is balancing the legitimate transportation value of lawful e-bikes with the City's responsibility to protect pedestrians and maintain safe use of public spaces. Although many roadway violations involving e-bikes can be addressed under the California Vehicle Code, local regulation is needed for areas such as sidewalks, parks, civic areas, public facilities, and other City-owned or City-controlled property. The proposed ordinance is intended to close that gap by clearly identifying where e-bikes and similar electric mobility devices may and may not be operated within the City.

The Ordinance also addresses the growing distinction between lawful e-bikes and modified or noncompliant electric devices that may be capable of higher speeds or may function more like electric motorcycles. By defining electric bicycles by reference to the California Vehicle Code and separately addressing electric mobility devices and noncompliant devices, the ordinance provides clearer guidance for enforcement personnel, riders, parents, and the public.The ordinance preserves lawful e-bike use on public roadways,designated bicycle lanes,and the use of Class 1 and Class 2 e-bikes on the Pacific Electric Trail, while prohibiting use in locations where pedestrian safety and public property concerns are more significant. The Ordinance also includes a parent and guardian responsibility provision,allowing enforcement when a parent,legal guardian,or responsible adult authorizes,permits,or knowingly allows a minor to operate a device in violation of the chapter.

Violations of the chapter are generally treated as infractions and may be addressed through criminal citation or administrative citation,with escalating fines for repeat violations.For juvenile violations,the Ordinance allows parent or guardian notification and authorizes the City to establish an education or diversion program, including a safety- course option for eligible first-time juvenile offenders.

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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
Adoption of the proposed Ordinance is not expected to create a significant fiscal impact. Any costs associated with implementation would likely be limited to public education, staff time, officer training, and the purchase and installation of signs in areas where e-bike and electric mobility device restrictions are posted.

The ordinance may result in some revenue from fines or penalties associated with violations.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 13 of 382 ends

ORDINANCE NO. 2016

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, ADDING CHAPTER 10.74 TO TITLE 10

OF THE UPLAND MUNICIPAL CODE TO ESTABLISH

REGULATIONS FOR ELECTRIC BICYCLES AND OTHER

ELECTRIC MOBILITY DEVICES
WHEREAS, the City of Upland has authority under Article XI, Section 7 of the California Constitution to enact local police power regulations to protect the public health, safety, and welfare; and
WHEREAS, the City Council finds that the increased use of bicycles, electric bicycles, electric off-highway motorcycles, and similar electric mobility devices within the City creates a need for clear local regulations to protect pedestrians, riders, motorists, park users, trail users, and the general public; and
WHEREAS, the City has received complaints and observed incidents involving the operation of electric bicycles and similar electric mobility devices in a manner that creates risks to public safety, including excessive speed, inattentive operation, operation in areas not designed for such devices, and conflicts with pedestrians and other roadway users; and WHEREAS, accidents involving electric bicycles and other electric mobility devices may result in serious injuries to operators, pedestrians, and other roadway users and may create substantial demands on public safety resources; and
WHEREAS, the City has a substantial interest in protecting pedestrians, preserving public property, maintaining safe use of parks and public facilities, and establishing clear local rules for the operation of electric bicycles and electric mobility devices within city limits; and WHEREAS, the City Council finds that the regulations adopted by this ordinance are necessary to promote public safety, prevent unsafe operation, and provide appropriate enforcement remedies, while preserving the lawful operation of electric bicycles on highways, designated bicycle lanes, and the Pacific Electric Trail where such operation is permitted under the California Vehicle Code and this chapter; and
WHEREAS, nothing in this chapter is intended to conflict with the California Vehicle Code or to limit enforcement of any applicable state law.

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

SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Chapter 10.74 is hereby added to Title 10 of the Upland Municipal Code to read in its entirety as follows:
"CHAPTER 10.74 ELECTRIC BICYCLES AND ELECTRIC MOBILITY DEVICES § 10.74.010 Definitions.
§ 10.74.020 Applicability.

Page 14 of 382 ends

Ordinance No. 2016

Page 2 ends

§ 10.74.030 Operation on Public Sidewalks and Public Property Prohibited; Exceptions. § 10.74.040 Lawful Operation on Highways, Designated Bicycle Lanes, and the Pacific Electric Trail.
§ 10.74.050 Noncompliant Electric Mobility Devices.
§ 10.74.060 Posted Signs and Designated Areas.
§ 10.74.070 Exemptions.
§ 10.74.080 Unsafe Operation Prohibited.
§ 10.74.090 Enforcement.
§ 10.74.100 Parent or Guardian Notification for Juvenile Violations. § 10.74.110 Parent or Guardian Responsibility.
§ 10.74.120 Temporary Removal from Public Property.
§ 10.74.130 Relationship to Other Laws.
§ 10.74.140 Violation; Penalties; Juvenile Safety Course;Aggravated or Dangerous Behavior. § 10.74.010 Definitions.

The following definitions shall apply to this Chapter:

A. "Bicycle" has the same meaning as defined in the California Vehicle Code section 231, as it may be amended from time to time.

B. "Electric Bicycle or E-Bike" means an electric bicycle as defined in California Vehicle Code section 312.5, as it may be amended from time to time, including Class 1, Class 2, and Class 3 electric bicycles. An electric bicycle must meet all requirements of state law, including but not limited to operable pedals, motor power limitations, speed-assist limitations, and any required labeling or equipment requirements.

C. "Electric Mobility Device" means any device, vehicle, conveyance, or equipment that is powered in whole or in part by an electric motor and is designed, used, or capable of being used for the transportation of a person. The term includes, but is not limited to:

1. Electric Bicycles;

2. Motorized scooters;

3. Electrically motorized boards;

4. Electric skateboards;

5. Electric unicycles;

6. One-wheel devices;

7. Hoverboards;

8. Pocket bikes;

9. Mini motorcycles;

10. Electric motorcycles;

11. Motorized bicycles or mopeds;

Page 15 of 382 ends

Ordinance No. 2016

Page 3 ends

12. Motor-driven cycles;

13. Modified Electric Bicycles;

14. Surron-style electric motorcycles or similar off-road electric motorcycles;

15. Any similar electric-powered device used for personal transportation.

D. "Noncompliant Electric Mobility Device" means any electric-powered device that is represented, marketed, labeled, or used as an Electric Bicycle but does not meet the definition of an Electric Bicycle under California Vehicle Code section 312.5. The term includes, but is not limited to, any device that:

1. Has motor power exceeding the maximum allowed for an Electric Bicycle under state law;

2. Is capable of providing motor assistance above the speed authorized for its class;

3. Has been modified to exceed the speed, power, or operational limits of an Electric Bicycle;

4. Has had its operable pedals removed or disabled;

5. Lacks operable pedals when pedals are required for the device to qualify as an Electric Bicycle;

6. Is more properly classified under state law as a motorized bicycle, moped, motor- driven cycle, motorcycle, off-highway vehicle, or other motor vehicle.

E. "Operate" means to ride, drive, propel, control, or otherwise use a Bicycle, Electric Bicycle, or electric mobility device for transportation or movement. "Operate" does not include walking, pushing, carrying, or otherwise moving a device while the motor is not engaged and the person is not riding on the device.

F. "Public Sidewalk" means any sidewalk, walkway, parkway, paved pedestrian area, or similar pedestrian facility located within the public right-of-way or otherwise owned, maintained, or controlled by the City.

G. "Public Property" means any real property, facility, improvement, park, trail, pathway, parking lot, parking structure, plaza, civic area, public building, public grounds, recreation area, open-space area, or other property owned, leased, operated, maintained, or controlled by the City of Upland. For purposes of this chapter, Public Property includes, but is not limited to:

1. City parks;

2. City trails;

3. The Pacific Electric Trail;

4. Civic center areas;

5. City Hall grounds;

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6. Police Department property;

7. Public works facilities;

8. Public parking lots and parking structures;

9. Public plazas and paseos;

10. Public recreation areas;

11. Public landscaped areas;

12. Public sports fields and courts;

13. Public playgrounds;

14. Public walkways and pedestrian paths.

Public Property does not include a public highway, street, roadway, designated bicycle lane, or the Pacific Electric Trail to the extent the operation of an Electric Bicycle is expressly permitted by this chapter and otherwise permitted under the California Vehicle Code.

H. "Highway" has the same meaning as defined in California Vehicle Code section 360.

I. "Designated Bicycle Lane" means a bicycle lane, bikeway, or bicycle facility established, marked, or designated by the City or other public agency for Bicycle use within or adjacent to a public highway, street, or roadway.

J. "Pacific Electric Trail" means the regional multi-use trail commonly known as the Pacific Electric Trail, including those portions located within the City of Upland and owned, operated, maintained, controlled, or regulated by the City.

K. "Aggravated or Dangerous Behavior" includes, but is not limited to, operating a Bicycle, Electric Bicycle, or electric mobility device in a manner that demonstrates a willful or wanton disregard for the safety of persons or property. For purposes of this Chapter, Aggravated or Dangerous Behavior includes:

1. Operating at a speed or in a manner that creates a substantial risk of injury to pedestrians, motorists, bicyclists, or other persons;

2. Weaving through pedestrians, vehicles, or other users of a public area in a manner that creates a substantial safety risk;

3. Performing wheelies, stunts, trick riding, racing, or exhibition riding in a manner that endangers persons or property;

4. Failing to yield to pedestrians in a manner that causes or is likely to cause a collision or evasive action;

5. Operating on Public Sidewalks, Public Property, parks, trails, the Pacific Electric Trail, civic areas, or pedestrian areas in a manner that endangers persons or property;

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6. Operating a Noncompliant Electric Mobility Device, electric motorcycle, motor-driven cycle, motorized bicycle, moped, pocket bike, mini motorcycle, off-highway vehicle, or similar device in a prohibited area in an unsafe manner;

7. Fleeing or attempting to evade law enforcement, code enforcement, or other authorized City personnel;

8. Causing injury to another person;

9. Causing damage to public or private property; and

10. Operating in a manner that interferes with emergency response, law enforcement activity, traffic control, crowd control, or a permitted City event.

L. "Unsafe Manner" means operating in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, pedestrians in the area, or property. § 10.74.020 Applicability.

A. This chapter applies to the operation of Bicycles, Electric Bicycles, and Electric Mobility Devices within the City of Upland.

B. This chapter applies to all Public Sidewalks and Public Property within the City, except where the operation of an Electric Bicycle is expressly permitted by this chapter.

C. This chapter does not limit the enforcement of any applicable provision of the California Vehicle Code, Penal Code, Upland Municipal Code, or any other applicable law.

D. Where a provision of this chapter conflicts with state law, state law shall control.

E. The restrictions in this chapter are cumulative and in addition to any other applicable laws or regulations.
§ 10.74.030 Operation on Public Sidewalks and Public Property Prohibited; Exceptions.

A. Except as expressly provided in this chapter, no person shall operate an Electric Bicycle or Electric Mobility Device on public property within the City of Upland.

B. The prohibition in this section includes, but is not limited to, operation in or upon:

1. Public Sidewalks;

2. City parks;

3. City trails, except the Pacific Electric Trail as provided in this chapter;

4. Civic center areas;

5. City Hall grounds;

6. Public plazas;

7. Public paseos;

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8. Public parking lots;

9. Public parking structures;

10. Public buildings and surrounding grounds;

11. Public walkways;

12. Public pedestrian paths;

13. Public landscaped areas;

14. Public sports fields;

15. Public courts;

16. Public playgrounds;

17. Public recreation areas;

18. Within the event area during city events such as, and without limitation, the Lemon Festival, Farmer's Market, Irish Festival, and Second on Second;

19. Any other city-owned, city-operated, city-maintained, or city-controlled property where such operation is not expressly permitted by this chapter.

C. Notwithstanding subsection A, a Class 1 or Class 2 Electric Bicycle may be operated on the Pacific Electric Trail, provided the Electric Bicycle is operated in compliance with the California Vehicle Code, this chapter, posted signs, and any other applicable law. A Class 3 Electric Bicycle shall not be operated on the Pacific Electric Trail.

D. The authorization in subsection C does not apply to modified Electric Bicycles that no longer comply with the definition of an Electric Bicycle.

E. No person shall operate a Noncompliant Electric Mobility Device, electric motorcycle, motor-driven cycle, motorized bicycle, moped, pocket bike, mini motorcycle, off-highway vehicle, or similar device on the Pacific Electric Trail unless expressly authorized by state law and the City.

F. This section does not prohibit operation in an area where the City has expressly authorized such operation by posted signs, permit,written authorization, adopted plan, or City Council resolution.
§ 10.74.040 Lawful Operation on Highways, Designated Bicycle Lanes, and the Pacific Electric Trail.

A. Nothing in this chapter shall prohibit the lawful operation of an Electric Bicycle on a public highway, street, roadway, Designated Bicycle Lane, or the Pacific Electric Trail where such operation is permitted under applicable law and this chapter. A Class 1 or Class 2 Electric Bicycle may be operated on the Pacific Electric Trail in accordance with Section 10.74.030.

B. A person operating an Electric Bicycle on a Highway, roadway, Designated Bicycle Lane, or the Pacific Electric Trail shall comply with all applicable provisions of the California

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Vehicle Code, instructions of official traffic-control signs, other traffic control devices, posted signs, and any other applicable law.

C. Nothing in this chapter shall prohibit the City from regulating the operation of Electric Bicycles on the Pacific Electric Trail through posted signs, speed restrictions, dismount zones, pedestrian-yield requirements, temporary restrictions, or other lawful regulations adopted or implemented by the City.
§ 10.74.050 Noncompliant Electric Mobility Devices.

A. No person shall operate a Noncompliant Electric Mobility Device on any Public Sidewalk, Public Property, park, trail, or the Pacific Electric Trail within the City of Upland.

B. The permission to operate lawful Electric Bicycles on the Pacific Electric Trail does not apply to electric motorcycles, motor-driven cycles, mopeds, pocket bikes, mini motorcycles, off-highway vehicles, modified Electric Bicycles, or any other device that does not meet the definition of an Electric Bicycle under California Vehicle Code section 312.5.

C. Nothing in this section shall limit the authority of law enforcement to enforce applicable state laws relating to motor vehicles, motorcycles, motor-driven cycles, motorized bicycles, mopeds, off-highway vehicles, equipment violations, registration violations, driver license violations, reckless driving, or any other applicable violation. § 10.74.060 Posted Signs and Designated Areas.

A. The City Manager or designee may cause signs to be posted to identify areas where the operation of Bicycles, Electric Bicycles, or Electric Mobility Devices is prohibited, restricted, or otherwise regulated.

B. The City may post signs providing notice of speed restrictions, pedestrian-yield requirements, dismount zones, restricted areas, temporary restrictions, and other operational regulations established pursuant to this chapter for the Pacific Electric Trail.

C. The absence of signage shall not be a defense to a violation of this chapter where the prohibition is otherwise established by this chapter.
§ 10.74.070 Exemptions.

The prohibitions in this chapter shall not apply to the following:

A. Peace officers, law enforcement personnel, fire personnel, emergency medical personnel, code enforcement personnel, public works personnel, or other City personnel operating a Bicycle, Electric Bicycle, or Electric Mobility Device in the course and scope of their official duties.

B. City contractors, vendors, or agents operating a Bicycle, Electric Bicycle, or Electric Mobility Device with written authorization from the City and within the scope of the authorized work.

C. Persons operating wheelchairs, powered wheelchairs, medical scooters, or other mobility assistance devices used by persons with disabilities.

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D. Persons operating a Bicycle, Electric Bicycle, or Electric Mobility Device in an area expressly designated by the City for such use.

E. Participants in a City-approved event, demonstration, training, or program, provided the operation is consistent with the terms of the City's approval. § 10.74.080 Unsafe Operation Prohibited.

A. No person shall operate a Bicycle, Electric Bicycle, or Electric Mobility Device in an Unsafe Manner that endangers or is likely to endanger any person or property.

B. Prohibited conduct includes, but is not limited to:

1. Operating at a speed greater than is reasonable and prudent under the conditions then existing taking into account the weather, pedestrian and vehicular traffic, and the surface and width of the sidewalk or roadway;

2. Failing to yield to pedestrians;

3. Riding in a manner that causes a pedestrian to take evasive action;

4. Weaving through pedestrians;

5. Riding with more passengers than the device is designed to carry;

6. Performing wheelies, stunts, tricks, racing, or exhibition riding;

7. Operating without due regard for pedestrian safety;

8. Operating in a manner that damages or is likely to damage Public Property;

9. Failing to obey posted signs regulating bicycles, Electric Bicycles, or Electric Mobility Devices;

10. Operating while holding and operating a handheld wireless telephone or other wireless communication device, unless the wireless telephone or wireless communication device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while riding;

11. Operating while carrying any package, bundle, item or article which prohibits the operator from having full control and forward visibility at all times.

C. This section applies to Public Sidewalks, Public Property, parks, trails, civic areas, pedestrian areas, the Pacific Electric Trail, and any area otherwise regulated by this chapter.

D. Nothing in this section limits enforcement of state law, including reckless driving, unsafe speed, or any other applicable California Vehicle Code provision. § 10.74.090 Enforcement.

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A. Authority to Enforce. This chapter may be enforced by peace officers and by enforcement officials authorized to issue administrative citations pursuant to Chapter 1.22. A violation of this chapter may be enforced by criminal citation or complaint when authorized by law, or by administrative citation pursuant to Chapter 1.22.

B. Separate Violations. Each act, occurrence, or incident in violation of this chapter shall constitute a separate offense. Conduct arising from a single continuous course of operation shall not constitute multiple violations unless the person commits separate and independently prohibited acts.

C. Other Laws Preserved. Nothing in this chapter shall prohibit or limit enforcement under any other applicable provision of federal law, state law, the California Vehicle Code, the Penal Code, or the Upland Municipal Code. A violation of this chapter may be enforced in addition to, or in lieu of, any other applicable violation.

D. Prosecutorial Discretion Preserved. Nothing in this chapter shall limit the discretion of the City Attorney, District Attorney, or other prosecuting authority to charge, reduce, dismiss, divert, or otherwise resolve any violation in a manner authorized by law.

E. No Limitation on Immediate Safety Directions. Nothing in this chapter shall limit the authority of peace officers or other authorized City personnel to direct a person to cease operation, dismount, leave a prohibited area, remove a device from Public Property, or otherwise comply with lawful orders necessary to protect public safety. § 10.74.100 Parent or Guardian Notification for Juvenile Violations.

A. If a person under eighteen (18) years of age violates this chapter, a peace officer or other authorized enforcement personnel designated by the City may notify the minor's custodial parent or legal guardian or another authorized adult.

B. The City may develop educational materials regarding Electric Bicycle and Electric Mobility Device laws, safe operation, and the distinction between lawful Electric Bicycles and Noncompliant Electric Mobility Devices.

C. The City may establish a voluntary education or diversion program for juvenile violations of this chapter, subject to written procedures adopted or approved by the City. The procedures shall establish uniform eligibility criteria, program requirements, completion standards, confidentiality protections, and a process for reviewing disputed eligibility or completion determinations.
§ 10.74.110 Parent or Guardian Responsibility.

A. No parent or legal guardian having custody or control of a minor shall knowingly authorize or permit the minor to violate any provision of this chapter.

B. For purposes of this section, knowledge may be established by any competent evidence, including, but not limited to, a prior citation or warning issued to the minor of which the parent or legal guardian had notice, prior notice provided to the parent or guardian by the City, statements made by the parent, guardian, or minor, , or other facts showing that the parent or legal guardian had actual knowledge of the minor's anticipated or continuing violation and had the ability and a reasonable opportunity to prevent or terminate the violation.

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C. Nothing in this section limits any civil liability imposed by law, including liability under California Civil Code section 1714.1 for damages resulting from the willful misconduct of a minor.

D. No parent or legal guardian having custody or control of a minor shall knowingly provide to or purchase for use by the minor, or authorize or permit the minor to operate, a Noncompliant Electric Mobility Device, as defined in this chapter, if the parent or legal guardian knows that the device has one or more of the characteristics identified in that definition.

E. California Vehicle Code section 21213, subdivision (a), prohibits a person under sixteen (16) years of age from operating a Class 3 Electric Bicycle. Nothing in this subsection creates a separate offense or penalty.

F. Nothing in this section shall impose liability on a parent or legal guardian solely because the minor violates this chapter.
§ 10.74.120 Temporary Removal from Public Property.

A. Any person operating a bicycle, Electric Bicycle, or Electric Mobility Device in violation of this chapter on Public Property may be directed to immediately cease operation and remove the device from the Public Property.

B. Failure to comply with a lawful order to cease operation or remove the device may constitute a separate violation of this chapter and may subject the person to additional enforcement under any applicable law.

C. Nothing in this section limits the authority of law enforcement to tow, store, impound, or otherwise take custody of a device when authorized by state law, the Upland Municipal Code, or other lawful authority.
§ 10.74.130 Relationship to Other Laws.

A. Nothing in this chapter shall be interpreted to authorize conduct prohibited by the California Vehicle Code.

B. Nothing in this chapter shall be interpreted to prohibit the lawful operation of Electric Bicycles on Highways, streets, roadways, Designated Bicycle Lanes, or the Pacific Electric Trail where such operation is permitted under state law and this chapter.

C. Nothing in this chapter shall prevent the City from enforcing any other provision of the Upland Municipal Code, including laws relating to parks, Public Property, trespass, public nuisance, damage to Public Property, obstruction, or public safety.

D. Nothing in this chapter shall limit the authority of the City to regulate parking, storage, abandonment, or obstruction caused by bicycles, Electric Bicycles, or Electric Mobility Devices.
§ 10.74.140 Violation; Penalties; Juvenile Safety Course; Aggravated or Dangerous Behavior.

A. Infraction. Unless otherwise expressly provided for in this chapter or required by state law, a violation of this chapter constitutes an infraction.

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B. Impoundment. The City may impound a bicycle, Electric Bicycle, or Electric Mobility Device when authorized by the California Vehicle Code, the Upland Municipal Code, or other applicable law, including, but not limited to, California Vehicle Code section 22651.08.Any impoundment and release shall be conducted in accordance with applicable law.

C. Helmets. A violation based solely on the failure of a minor to wear a properly fitted and fastened bicycle helmet shall be enforced in accordance with California Vehicle Code section 21212, as that section may be amended, and shall not be subject to subsections B or D of this section.

D. General Penalty Schedule. Violations of this chapter shall be punishable as follows:

1. A first violation may be punishable by a fine of one hundred dollars ($100.00).

2. A second violation of this chapter within one year of the first violation may be punishable by a fine of two hundred dollars ($200.00).

3. Each additional violation of this chapter within one year of the first violation may be punishable by a fine of three hundred dollars ($300.00).

E. First-Time Juvenile Offender Safety Course Reduction.

1. A person under eighteen (18) years of age cited for a first violation of this chapter may be eligible to complete a City-approved Electric Bicycle safety course or program.

2. Upon proof of successful completion of a City-approved Electric Bicycle safety course or program, the fine for the first violation may be reduced to twenty-five dollars ($25.00), to the extent authorized by law.

3. The safety course reduction shall be available only once per juvenile offender.

4. The City may require parent or guardian notification, acknowledgment, attendance, or participation as part of the safety course process.

5. The safety course reduction shall not be available for violations involving Aggravated or Dangerous Behavior, reckless operation, fleeing or attempting to evade law enforcement, a collision, injury to another person, property damage, or operation of a Noncompliant Electric Mobility Device.

F. Aggravated or Dangerous Behavior. Any violation of this chapter involving Aggravated or Dangerous Behavior shall not be eligible for a warning, diversion, fine reduction, safety course in subsection E, or other alternative dispositions under this chapter, unless approved by the City Attorney, prosecuting authority, or court.

G. Administrative Procedures and Collection. Administrative citations issued for violations of this chapter shall be issued, reviewed, appealed, enforced, and collected in accordance with Chapter 1.22. The City may adopt written procedures governing safety-course eligibility, proof of course completion, parent or guardian notification, and other nonadjudicative matters necessary to implement this section."

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SECTION 3. CEQA. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

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

PASSED,APPROVED,AND ADOPTED this 26th day of October, 2026.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 12th day of October, 2026, and was adopted at a regular meeting of the City Council of the City of Upland on the 26th day of October, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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4c, °v °p`q� CITFUP LAND
�" - -
.�, �` "The City of Gracious Living"
c�lrFOR�i�
DATE: October 12,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER ADOPTING A RESOLUTION UPDATING THE CITY'S CONFLICT OF

INTEREST CODE
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution rescinding Resolution No.6803 in its entirety and adopting a conflict of interest code applicable to designated positions, including members and staff of the City,the Successor Agency to the Upland Community Redevelopment Agency,Upland Public Financing Authority, Successor Agency to the Upland Housing Authority,City of Upland Parking Authority,and the City of Upland Financing Authority.

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

BACKGROUND
The Political Reform Act requires every local government agency to adopt a Conflict of Interest Code that designates the positions required to file Statements of Economic Interests (Form 700) and assigns disclosure categories identifying the types of financial interests that must be reported.

The purpose of the Conflict of Interest Code is to identify those individuals who make or participate in governmental decisions, based on the positions they hold, where it is reasonably foreseeable that those decisions could have a material financial effect on their personal financial interests. The Political Reform Act also establishes limitations on gifts received by public officials from a single source.The current gift limit established by the California Fair Political Practices Commission(FPPC)is$630 per calendar year and is adjusted periodically in accordance with state law.

The City is required to conduct a biennial review of its Conflict of Interest Code to determine whether it accurately reflects the City's current organizational structure, designated positions, and disclosure requirements, or whether amendments are necessary to ensure compliance with the Political Reform Act and FPPC regulations. The City Council was advised of the required biennial review and the need to update the City's Conflict of Interest Code at its August 10,2026,meeting. In accordance with the Political Reform Act, all employees whose positions are affected by the proposed amendments were provided written notice on August 17,2026,and were afforded an opportunity to submit written comments during the public comment period, which remained open from August 17, 2026 through October 1,2026.No comments were received.

ISSUES AND ANALYSIS
The Conflict of Interest Code was last updated in 2024. Since that time,several job classification titles have changed and divisions within City departments have been reorganized.

Additionally, since the City's last biennial review, Senate Bill 827 (SB 827) has become effective, expanding the categories of local government officials required to electronically file their Form 700 directly with the FPPC. As a result, the City's Conflict of Interest Code has been reviewed to ensure that all designated positions subject to the Political Reform Act,including those newly required to file electronically with the FPPC,are appropriately identified.

The proposed amendments update designated positions,reflect organizational and classification changes,and ensure the City's Conflict of Interest Code remains consistent with current state law and FPPC filing requirements.

All designated positions are listed in Appendix 1 of the City, Agency, and Authority Conflict of Interest Code. The redline version of the Resolution clearly identifies the recommended revisions.

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

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA RESCINDING RESOLUTION NO.
6803 IN ITS ENTIRETY AND ADOPTING A CONFLICT OF

INTEREST CODE APPLICABLE TO DESIGNATED

POSITIONS, INCLUDING MEMBERS AND STAFF OF THE

CITY, THE SUCCESSOR AGENCY TO THE UPLAND

COMMUNITY REDEVELOPMENT AGENCY, UPLAND

PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY

TO THE UPLAND HOUSING AUTHORITY, CITY OF

UPLAND PARKING AUTHORITY AND THE CITY OF

UPLAND FINANCING AUTHORITY
WHEREAS, the California Fair Political Practices Commission has adopted Section 18730 of Title 2 of the California Code of Regulations which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and WHEREAS, a Conflict of Interest Code for City officials, employees and commissioners was adopted on October 14, 2024, by Resolution No. 6803; and WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict of Interest Code in all even-numbered years.

WHEREAS, since the last revision of the City of Upland Conflict of Interest Code on October 14, 2024, it has been determined that there are proposed revisions to the Code; and
WHEREAS, City staff has also revised the disclosure requirements for consultants in the Conflict of Interest Code to reflect the definition of"consultant" in FPPC Regulation Section 18700.3(a).

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

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

SECTION 2. Resolution No. 6803 is hereby rescinded.

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

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SECTION 4. 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 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

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

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

PASSED, APPROVED AND ADOPTED this 12th day of October, 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 12th day of October, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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EXHIBIT "A"

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

Pursuant to Section 4 of the standard code, designated officers and employees shall file Statements of Economic Interest with the City Clerk of the City of Upland. These Statements shall be retained by the City Clerk. Statements of Economic Interest of members of the City Council, City Manager, City Attorney, members of the City Planning Commission, and Treasurer, shall be filed with the City Clerk who shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.

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APPENDIX 1

DESIGNATED EMPLOYEES
CODE FILERS DISCLOSURE CATEGORIES
Mayor and Council Member 1
City Attorney 1
City Manager 1
City Treasurer 1
Planning Commission Member 1
Assistant City Manager (Administrative Services) 1
Deputy Director of Finance 2
DESIGNATED POSITIONS DISCLOSURE CATEGORIES

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

CITY MANAGER'S DEPARTMENT
Assistant and Deputy City Attorney 1

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

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

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

PUBLIC WORKS DEPARTMENT
Administration Division
Assistant City Manager (Public Works) 1
Deputy Director of Public Works 1
Operations Division
Engineering Manager 2
Operations Manager 2
Operations Supervisor 2
Facilities Supervisor
Engineering Division/Capital Improvements
Engineering Manager 2

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Senior Engineer 2
Associate Engineer 2
Assistant Engineer 2
Public Works Inspector II 2
Utilities Division
Utilities Manager 2
Utility Supervisor 2
Senior Public Works Inspector 2
Chief Water Treatment Operator 2
Environmental Division
Environmental Compliance Manager 2
Assistant Engineer 2
Associate Engineer 2
Recreation and Community Services Division
Recreation and Community Services_Manager 2
Recreation and Community Services Supervisor 2
Recreation Coordinator 2

CONSULTANTS
Consultant *See Next Page

BOARDS AND COMMISSIONS
Airport Land Use Commission Member 1
Building Appeals Board Committee Member 1
Personnel Board of Review Committee 1
Member

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Resolution No.

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OTHER
Any newly formed position w/decision making authority 1 *Consultants: Disclosure Requirements'
Designated Consultants Disclosure Requirements
Consultants who make (not just Disclosure Category 5. recommend) governmental decisions,
such as whether to approve a rate, rule,
or regulation, whether to issue, deny,
suspend, or revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City
approval to a plan, design, report, study,
or adopt or grant City approval of policies,
standards, or guidelines for the City or
any subdivision thereof.

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

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

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APPENDIX 2

DISCLOSURE CATEGORIES

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

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

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

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

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

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

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA RESCINDING RESOLUTION NO.
6803 IN ITS ENTIRETY AND ADOPTING A CONFLICT OF

INTEREST CODE APPLICABLE TO DESIGNATED

POSITIONS, INCLUDING MEMBERS AND STAFF OF THE

CITY, THE SUCCESSOR AGENCY TO THE UPLAND

COMMUNITY REDEVELOPMENT AGENCY, UPLAND

PUBLIC FINANCING AUTHORITY,SUCCESSOR AGENCY

TO THE UPLAND HOUSING AUTHORITY, CITY OF

UPLAND PARKING AUTHORITY AND THE CITY OF

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

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

SECTION 2. Resolution No. 6803 is hereby rescinded.

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

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Resolution No.

Page 2 ends

SECTION 4. 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 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

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

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

PASSED,APPROVED AND ADOPTED this 12th day of October, 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 12th day of October, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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EXHIBIT"A"

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

Pursuant to Section 4 of the standard code,designated officers and employees shall file Statements of Economic Interest with the City Clerk of the City of Upland. These Statements shall be retained by the City Clerk. Statements of Economic Interest of members of the City Council, City Manager, City Attorney, members of the City Planning Commission, and Treasurer, shall be filed with the City Clerk who shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.

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APPENDIX 1 Formatted:Font:12 pt

DESIGNATED EMPLOYEES
CODE FILERS DISCLOSURE CATEGORIES (Formatted:Font:Arial,12 pt Mayor and Council Member 1
City Attorney 1
City Manager 1
City Treasurer 1
Planning Commission Member 1
Assistant City Manager(Administrative Services) 1
Deputy Director of Finance 2
(Formatted:Font:Arial,12 pt
DESIGNATED POSITIONS DISCLOSURE CATEGORIES

ADMINISTRATIVE SERVICES DEPARTMENT
—(Formatted:Font:Arial,12 pt,Not Bold
Human Resources/Risk Management Division ;(Formatted:Font:Arial,12 pt Deputy Director of Human Resources/Risk Management 2 Finance Division
Finance Manager 2
Accounting Supervisor 2
Utility Billing and Customer Service Supervisor 2
Business License Inspector 2
IT Division
Information Technology Manager 2
Recreation and Community Services Division
Recreation and Community Services Manager 2

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Resolution No.

Page 5 ends

Rccrcation and Community Scrviccs Supervisor 2

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

DEVELOPMENT SERVICES DEPARTMENT
Development Services Director 1
Planning Division
Planning Manager 2
Principal Planner 2
Senior Planner 2 (Formatted:Font:(Default)Arial,12 pt Associate Planner 2
Assistant Planner 2
Development Services Technician I/II 3
Building Division
Building Official 2
Plan Check Engineer 2
Plans Examiner 2 (Formatted:Font:(Default)Arial,12 pt Senior Building Inspector 2
Building Inspector I/II/III 2
Senior Development Services Technician 3

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Resolution No.

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Development Services Technician I/II 3
Housing Division
Housing Manager 2
Housing Coordinator 2
Development Services Specialist 3
Development Services Technician I/II 3
Economic Development Division
Principal Economic Development Coordinator 2 Formatted:Font:Anal,12 pt Engineering Division/Land Development&Transportation
Principal Engineer 2
Assistant Engineer 2
Associate Engineer 2
Engineering Technician 3

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

PUBLIC WORKS DEPARTMENT
Administration Division
Assistant City Manager(Public Works) 1
Deputy Director of Public Works Director/City-Engineer 1 —(Formatted:Font:Arial,12 pt Formatted:Font:Arial,12 pt
Operations Division

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Resolution No.

Page 7 ends

Engineering Manager 2
,Operations Manager 2 (Formatted:Font:(Default)Arial,12 pt Operations Supervisor 2
Facilities Supervisor
Formatted:Font:Arial,12 pt
Engineering Division/Capital Improvements
Engineering Manager 2
Senior Engineer 2
Associate Engineer 2
Assistant Engineer 2
Public Works Inspector II 2
Water Utilities Division (Formatted:Font:Arial,12 pt Utilities Manager 2
Utility Supervisor 2
Senior Public Works Inspector 2
Chief Water Treatment Operator 2, (Formatted:Font:Arial,12 pt Environmental Division
Environmental Compliance Program Manager 2
Assistant Engineer 2
Associate Engineer 2
Recreation and Community Services Division
Recreation and Community Services Manager 2
Recreation and Community Services Supervisor 2
Recreation Coordinator 2

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Resolution No.

Page 8 ends

CONSULTANTS
Consultant *See Next Page

BOARDS AND COMMISSIONS
Airport Land Use Commission Member 1
Building Appeals Board Committee Member 1
Personnel Board of Review Committee 1
Member
Citizen's Oversight Committee Member 2
OTHER
Any newly formed position w/decision making authority 1 Consultants: Disclosure Requirements,', —(Formatted:Font:12 pt Formatted:Font:Arial,12 pt
l Formatted:Font:Arial,12 pt
1 When the consultant is a corporation or partnership,only individuals who fit into one of the three categories of"Designated Consultants"must file disclosure statements.

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Resolution No.

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Designated Consultants Disclosure Requirements
Consultants who make (not just Disclosure Category 5. Formatted:Font:Anal,12 pt recommend)governmental decisions,
such as whether to approve a rate, rule,
or regulation,whether to issue,deny,
suspend, or revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City
approval to a plan, design, report, study,
or adopt or grant City approval of policies,
standards, or guidelines for the City or
any subdivision thereof.

Consultants who serve in a staff Disclosure required at the same level as Formatted:Font:Anal,12 pt capacity with the City, and in that a comparable designated position in the capacity participate in making a same or similar City Department identified governmental decision by providing elsewhere in this Code. information, an opinion, or a
recommendation for the purpose of
affecting the decision without significant
intervening substantive review.

Consultants who perform the same or Disclosure required at the same level as Formatted:Font:Anal,12 pt substantially all the same duties for the comparable designated position the City that would otherwise be identified elsewhere in this Code performed by an individual holding a
designated position in the City's Conflict
of Interest Code.

Formatted:Font:Anal,12 pt
Formatted:Font:12 pt

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APPENDIX 2
Formatted:Font:12 pt

DISCLOSURE CATEGORIES

1. Full Disclosure — All interests in real property as well as investments, business Formatted:Font:Anal,12 pt positions and sources of income, including gifts, loans, and travel payments.

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

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

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A °p`q, CITYUPLAND
"The City of Gracious Living"
o -
DATE: October 12,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO BLANCO,CHIEF OF POLICE

ERIC DIVINCENZO,POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE TOW SERVICES

AGREEMENT WITH STEVE'S TOWING
RECOMMENDED ACTION:

It is recommended that the City Council approve Amendment No. 1 to the Tow Services Agreement between the City of Upland and Steve's Towing, extending the agreement until October 31,2027; and authorize the City Manager to execute the amendment.

GOAL STATEMENT
The proposed action supports the City's goal of providing towing services to the Upland Police Department.

BACKGROUND
On November 1, 2023 the City entered into a non-exclusive agreement with Steve's Towing for the provision of towing services for the Upland Police Department. The term of this initial agreement was three years, with an expiration date of October 31,2026.The initial agreement allowed for two(2)one year renewal options to extend the term of the agreement.

ISSUES AND ANALYSIS
Steve's Towing has satisfactorily provided towing services to the Upland Police Department throughout the duration of the initial agreement. Staff recommends that the City exercise its option to extend the agreement for one (1) additional year term.

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

FISCAL IMPACTS
The total estimated costs for towing services with Steve's Towing is $35,000 for Fiscal Year 2026-27. Funds are available in the Police Administration-Contract Services Account No. 1013201-5253.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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FIRST AMENDMENT TO

TOW SERVICES

AGREEMENT
This First Amendment to the Tow Services Agreement(the"First Amendment"), effective November 1, 2026 ("First Amendment Date"), is 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, California 91786 ("City"), and Steve's Towing, a California Corporation,with its principal place of business at 9529 8th Street,Rancho Cucamonga, CA 91730 ("Contractor").

RECITALS
A. The City and Contractor are parties to that certain Tow Services Agreement effective November 1, 2023, for the non-exclusive provision of towing services for the Upland Police Department(the "Agreement").

B. The initial term of the Agreement started on the Effective Date and continued for three (3) years through October 31, 2026.

C. The Agreement allows for two (2) one-year renewal options subject to the written consent of both parties.

D. Both parties agree as to the continuation of towing services under the same terms as the original Agreement.

E. Section 2 of the Agreement limits the number of extensions to two; therefore, one additional one-year renewal option remains available to the parties after this First Amendment to the Agreement.

F. The parties now desire to provide for the first renewal option extension to October 31, 2027,under the same terms as the original Agreement.

G. Section 6, Fees/Services, of the original Agreement remains unchanged, which sets forth the compensation and terms of payment to be paid for services rendered under the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Agreement as follows:

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Error!Unknown document property name.

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TERMS AND CONDITIONS

1. First Extension. The term of the original Agreement is hereby extended through October 31,2027. The term remains subject to one additional one-year extension under section 2 of the Agreement.

2. No other change. All other terms of the Agreement remain unchanged and in full effect and apply to this First Amendment.
(Signatures on following page)

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Error!Unknown document property name.

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IN WITNESS WHEREOF, the parties have executed this First Amendment as indicated below.

CITY OF STEVE'S TOWING
UPLAND
By: By:

Michael Blay
City Manager Title:

Attest:

By:

Keri Johnson
City Clerk
Approved as to Form:

By:

Thomas A. Rice
City Attorney

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Error!Unknown document property name.

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TOW SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of November 2023 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 and, hereinafter referred to as "CITY," and STEVE's Towing, a California Corporation, with its principal place of business at 9529 8th Street, Rancho Cucamonga, CA 91730, hereinafter referred to as "CONTRACTOR."
WITN ESSETH:

WHEREAS, it is the desire of the CITY and the CONTRACTOR to enter into a non- exclusive Agreement for towing services that will, from time-to-time, be requested by the Upland Police Department, pursuant to the terms and conditions set forth herein and in the Towing Policy and Procedures, attached as Exhibit A hereto; AGREEMENT:

NOW, THEREFORE, the parties hereto agree as follows:

1. CONTRACTOR shall perform tow services on a non exclusive basis as an Official Tow Provider and furnish all labor and equipment necessary to implement towing, storing and impounding of motor vehicles in the City of Upland as directed by, and subject to the satisfaction of, the Upland Police Department. All towing services shall be performed in accordance with all applicable provisions of law, and the provisions of this agreement and Exhibit A attached as hereto and incorporated by reference herein.

2. Term. The provisions of this agreement shall be effective as of, November 1, 2023 and continue through October 31, 2026, unless sooner terminated as provided herein. There shall be two (2) one year renewal options extending the term of this agreement, subject to the written consent of both parties.

3. Insurance. The CONTRACTOR shall not commence work under this agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this agreement the following policies of insurance:
(a)Compensation insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the CONTRACTOR may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Further, such policy of insurance shall provide that the insurer waives all rights of subrogation against CITY and its elected officials, officers, employees and agents.

In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees.

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CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certificate as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of work of this contract."
(b)For all operations of the CONTRACTOR or any subcontractor authorized to perform the work herein, insurance with the following minimum limits and coverage:
(1) Commercial General Liability (occurrence) - for bodily injury, death and property damage for products/completed operations and any and all others activities undertaken by the CONTRACTOR in the performance of this agreement; (2) Comprehensive Automobile Liability (occurrence) - for bodily injury, death and property damage insuring against all liability arising out of the use of any vehicle; (3) Garage-keepers Legal Liability (occurrence)- insuring against all liability for claims alleging damage of any nature to any vehicle towed, impounded or otherwise stored by CONTRACTOR, while in possession of CONTRACTOR, or otherwise under CONTRACTOR'S custody and/or control, in an amount not less than Seventy -Five Thousand Dollars ($75,000.00);
(4) On-hook Liability (occurrence) based upon the unladen weight of each tow truck- insuring against all liability for damage to any vehicle towed by CONTRACTOR, or otherwise physically connected to CONTRACTOR'S tow truck. For a tow truck of less than 20,000 pounds unladen, such insurance limits shall be no less than Fifty Thousand Dollars ($50.000.00), and Seventy-Five Thousand Dollars ($75,000.00), for tow trucks having and unladen weight of 20,000 pounds or more; (5) Other required insurance, endorsements or exclusions as required by the CITY; (6) The policies of insurance required in subsections 1 and 2 of this Section (b) shall have no less than the following limits of coverage:
(i) $1,000,000 (One Million Dollars) for bodily injury or death; (ii) $1,000,000 (One Million Dollars) for property damage; (iii) Not less than Two Million Dollars ($2,000,000) combined Single Limit for Injuries, including Accidental Death and Property Damage Insurance. (c) Each such policy of insurance required in Section (b) shall:
(1)Be subject to no deductible amount unless otherwise approved in writing by CITY;
(2)Be issued by an insurance company approved in writing by CITY, which is admitted and licensed to do business in the State of California and which is rated AVIII or better according to the most recent A.M. Best Co. Rating Guide;
(3)Name as additional insured the CITY, its elected officials, officers, agents, and employees;

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(4)Specify that it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy;
(5)Specify that it applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability;
(6)All insurance coverage shall contain a clause substantially in the following words; "It is hereby understood and agreed that this policy shall not be canceled nor coverage reduced except upon thirty (30) days' prior written notice to the City of Upland of such cancellation or reduction in coverage as evidenced by a return receipt for a registered letter." CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions;
(7)Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided;
(8)Specify that the insurer waives all rights of subrogation against any of the named additional insureds; and
(9)Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorney's fees, shall be paid in addition to and shall not deplete any policy limits. (10) Otherwise be in form satisfactory to CITY.
(11) Prior to commencing performance under this agreement, the CONTRACTOR shall furnish the CITY with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All certificates with endorsements or policies shall be received and approved by the CITY before CONTRACTOR commences performance.

CONTRACTOR shall provide CITY with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.

4. Indemnity. The CONTRACTOR shall indemnify, defend and hold the CITY, its elected officials, officers, agents, and/or employees free and harmless from all claims, liabilities, costs, and demands of any description arising out of CONTRACTOR'S performance of this agreement or any supplemental agreement, to the extent such claims or demands are alleged to be the result of an act or o mission of CONTRACTOR, or any of CONTRACTOR'S employees, officers, agents or anyone acting on behalf of CONTRACTOR. CONTRACTOR'S duty to indemnity shall include payment of all actual attorney's fees, experts' costs, court costs and all other costs of litigation incurred by CITY.

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Claims hereby covered shall include, but are not limited to, any loss, theft, damage, or break-ins as to automobiles under CONTRACTOR'S custody or control. Claims hereby covered shall also include claims alleging that the procedures utilized in the care, custody, control, and/or selling of vehicles do not comply with statutory or constitutional requirements.

CONTRACTOR shall provide proof to the CITY of having obtained insurance coverage guaranteeing CONTRACTOR'S obligations under this Section. This insurance shall guarantee that CONTRACTOR shall defend and hold free and harmless the CITY, and shall pay any judgments, claims or settlements arising from any of the aforementioned described acts or omissions, including claims alleging that the procedures utilized in towing, storing, and/or selling vehicles failed to comply with statutory requirements.

5. Independent Contractor It is expressly understood and agreed that in the furnishing of all labor and equipment and in the performance of all work under this agreement, the CONTRACTOR is acting as an independent contractor and not as an agent,-servant, or employee of the City of Upland.

6. Fees/Services Except as otherwise provided by law, all towing and storage charges shall be paid by the owner or lawful possessor of the towed, stored or impounded vehicle.

Except as otherwise provided by law, CONTRACTOR shall provide tow services in accordance with the following Fee Schedule for those services requested by the City of Upland Police Department:
a. TOW STORAGE AND DEFINITION OF SERVICE
TOWS FEES
City-owned Vehicles: No Charge
City owned vehicles that weigh less than 3 tons and are within 50 miles of the City Yards located at 1370 N. Benson Avenue, Upland will not be charged for towing. Those over the weight limit or outside the mileage will be billed at the tow company's normal rate. This is inclusive of 30 day storage lien sale vehicles into and out of the CITY's storage facility.
30-Day Impounded Vehicles: $ 150.00
Vehicles that are impounded for 30-days and will be stored at the Upland Police impound lot located at 1370 N. Benson Avenue, Upland (Tow company will bill every thirty days for above described vehicles and the City of Upland will pay 30 days net upon receipt and verification of invoice.)
SERVICES No Charge
Change of flat tire of City of Upland Police owned vehicles. (When the City Yard is closed and a police vehicle within the above described mileage limits needs a tire changed. Outside of the mileage limits would incur the tow company's normal charge for a flat tire change.)

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Storage fees are to be in compliance with California Vehicle Code section 22658.

Automobile (Storage) $ 70.00
Per Day
Motorcycles (Storage) $ 70.00
Per Day
Trucks, Trailers, Boats or Others (Storage): $ 75.00 20' to 40' in Length Per Day
50' and Over $. 75.00
Per Day
b. The Upland Police Department shall, insofar as possible, attempt to limit impound calls for 72 hour violation vehicles to the period between the hours of 7:00 a.m. and 9:00 p.m., Sunday through Saturday. However, towing services shall be available 24 hours per day for emergencies, and the maximum permitted response time shall not exceed 25 minutes. "Response time" shall mean that period of time commencing upon receipt of request for service from the Upland Police Department, and ending upon the actual time of arrival of CONTRACTOR'S tow vehicle at the scene.

At no time prior to receiving written notice shall any of CONTRACTOR'S employees, officers, agents or anyone else acting on CONTRACTOR'S behalf, have any physical contact with any impounded vehicle or any of the contents therein, except as specifically required in order to perform services required by this agreement, or where otherwise directed by a representative of the Upland Police Department.
c. CITY shall not be responsible for the CONTRACTOR'S fees that are the result of calls made to CONTRACTOR by the Upland Police Department on behalf of third parties where such third parties have already removed their vehicles at the time the CONTRACTOR'S arrival at the towing scene or when third parties otherwise decline to use the CONTRACTOR'S services. In such situations, the CONTRACTOR will look to the third parties for payment of its fees. CITY shall not be responsible for fees when calls for service are cancelled by the Upland Police Department when the call was initiated for service by the CITY employee during a work related function. No billing to the CITY shall occur for any other tows except 30 day impounds without prior approval from an Upland Police Department supervisor. The tow company will allow two non-billable tows a month (non-cumulative) to the CITY; this is only to be utilized due to CITY employee towing errors, occurring from work related activity. These non-billing requests will be at the direction of the Patrol Division Commander or his/her designee.

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d. If a CONTRACTOR'S response is greater than the allotted time stipulated within this contract, the original tow may be cancelled and the tow for the following week called to respond. The City shall not be billed for the cancelled tow. This shall only occur at the discretion of a supervisor.
e. CONTRACTOR'S fees shall be subject to adjustment once each year to reflect changes in labor, equipment, repair, and fuel costs.

Proposed adjustments may be approved by the Chief of Police based upon documented increases in the cost-of-living index as established by the United States Department of Labor.

7. Release of Vehicles No vehicle stored or impounded at the direction of the Upland Police Department shall be released without written approval of the Upland Police Department.

8. Mediation of Disputes A representative of the Upland Police Department who is not assigned to patrol or traffic duties shall mediate any dispute between the CONTRACTOR and the CITY regarding the administration of this Agreement and the decision shall be binding on the CONTRACTOR. Notwithstanding the foregoing, disputes concerning a suspension of CONTRACTOR as an Official Tow Provider shall be governed by the provisions of Section 13 of this agreement.

9. Entire Agreement This agreement and Exhibit A constitute the entire contract between the CITY and CONTRACTOR. No representation, agreement or promise, whether express or implied, shall be binding upon either party hereto unless expressly set forth herein. Any changes or modifications of any of the terms and conditions herein shall be in writing and executed by the parties hereto, provided, however, that CONTRACTOR understands and agrees that it will, if required by the CITY, execute such further agreements as the CITY requires to provide additional insurance protection for the CITY against third party claims arising from CONTRACTOR'S operations pursuant to this agreement.

10.Termination Either the CITY and/or the CONTRACTOR may terminate this agreement upon giving to the other thirty (30) days' prior written notice of said termination. Termination may be with or without cause and, upon termination, neither party shall have any further liability hereunder provided, however, that CONTRACTOR'S obligations pursuant to Section 3(c)(4) shall continue for the maximum period permitted by law.

As an alternative to termination, and at CITY'S option, whenever CONTRACTOR is determined to have materially violated any provision of this Agreement, including any of the provisions set forth in Exhibit A hereto, CITY may temporarily suspend CONTRACTOR'S status as an Official Tow Provider. In such event, CONTRACTOR shall be provided written notice of the suspension and the grounds therefore.

Such suspension may continue until CONTRACTOR provides evidence satisfactory to the Chief of Police that it has corrected the violation and, where applicable, has taken appropriate steps to insure that a similar violation will not again occur. The period of suspension shall not exceed ninety (90) days, unless otherwise agreed upon in writing by the parties.

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CONTRACTOR may appeal such suspension, including the grounds or duration thereof, by filing a written appeal and request for hearing with the Chief of Police within five (5) business days of the date of the notice of suspension. The Chief of Police shall schedule and conduct a hearing within ten (10) business days, and shall affirm, reverse or reverse with conditions that the appealed decision. The decision of the Chief of Police shall be final unless, within five (5) business days of the date of such decision, CONTRACTOR files a written appeal and request for hearing with the City Manager. In such event, the City Manager shall schedule and conduct a hearing within ten (10) business days and the City Manager's decision shall be final.

11.Assignment. This agreement may not be assigned in whole or in part, nor shall CONTRACTOR subcontract any portion of the work required to be performed herein or utilize equipment or storage yard not owned or leased by CONTRACTOR, without the prior written consent of the CITY, and any attempted assignment thereof without such consent shall be null and void.

12.Attorney's Fees. Should it be necessary for any party to commence any legal action or proceeding for breach or to enforce the terms or conditions hereof, the prevailing party in such action shall be entitled to recover from the unsuccessful party all reasonable attorney's fees, experts' costs, and all other costs of suit.

13.Severability. Should any provision, section, word or sentence of this agreement or Exhibit A hereto be declared invalid or preempted by a court of competent jurisdiction, such invalidity or preemption shall not affect any remaining provision, section, word or sentence of this agreement.
[Signatures on following page]

Page 57 of 382 ends

[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary OR Treasurer
REQUIRED]
By: CONTRACTOR: STEVE's Towing
Miogre :I. , City Manager
BY:

Attes
A111111 c -
(Printed Name)
Ken Johnsory, Cit Clerk
Title:

Approved As to Form: t
crftit P BY:

City ttorney
(Printed Name)
Title:

Page 58 of 382 ends

[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary OR Treasurer
REQUIRED]
By: CONT'ikI OR: ST-EVE's-Towing
Michael Blay, City Manager
BY:)
Attest: //'P
tig
(Printed Narte)
Keri Johnson, City Clerk
Title:fr(3--ci(661v1--
Approved As to Form:
—
�f
City Attorney /�
ue ( ec �fr
(Printed Namie)
Title: / efie-E6A{ gem

Page 59 of 382 ends

EXHIBIT A

CITY OF UPLAND

POLICE DEPARTMENT

2. UNDER NO CIRCUMSTANCES SHALL AN OFFICIAL TOW PROVIDER RESPOND TO ANY

ACCIDENT SCENE OR SCENE OF POLICE ACTIVITY UNLESS SPECIFICALLY REQUESTED TO DO SO BY THE UPLAND POLICE DEPARTMENT.

3. All tow vehicles shall be equipped and each towing business shall be licensed as required by law. All tow vehicles shall be inspected to insure compliance with all provisions of Sections 24605, 25253, 27700 and 27907 of the California Vehicle Code, and any and all other applicable statutes, rules and regulations. Inspections may be conducted by a captain of the Upland Police Department or his designee as deemed necessary, or by any other entity designated by the Upland Police Department. The name of the business shall be conspicuously displayed on each side of each tow vehicle.

4. Each Official Tow Provider shall at all times maintain in force and full effect one of the forms of financial responsibility as specified in Section 16021 and 16055 of the California Vehicle Code. Each Official Tow Provider is required to file with the Police Department proof that such financial responsibility is in fact in effect and in full force (insurance binder from company or agent shall be sufficient proof).

5. All required tow, storage and impound services shall be available on a 24-hour, 7 Jay- a-week basis during the company's weekly rotation turn. Tow companies will be rotated on a weekly basis defined as Sunday 12:00 am to the following Saturday 11:59 pm.

6. All Official Tow Provider storage and office facilities (capable of completing vehicle releases) must be within a five mile radius from the Upland Police Department, 1499 W. 13th Street. Upland.

7. Adequate security for vehicles and property at the required storage facility must be provided. Minimum standards shall consist of:
a. A wall or fence at least six feet in height surrounding the police storage and impound lot. The minimum capacity of such shall be fifty (50) vehicles, and the lot shall conform to land use regulations of the City or County jurisdiction in which it is located.
b. At least one gate or door that will allow adequate vehicular access to the lot and an adequate locking device on such gate or door.
c. Such additional security devices and lighting as deemed necessary by the Police Department.

8. Tow truck drivers shall possess sufficient skills and ability to ensure a safe and proper execution of their service responsibilities. All drivers shall possess a proper class and valid driver's license according to Section 12804 of the California Vehicle Code. No tow truck owner, operator, or driver shall be allowed to provide tow services if he or she has been convicted of driving under the influence within the past seven (7) years, or convicted for any felony or theft related crime within the last ten (10) years. Further, no tow company employee, agent, owner may operate a tow vehicle in the performance of official police tow services if he or she has been convicted of three (3) or more moving violations in the previous three (3) years. Prior to commencing service as an Official Tow Provider or driver thereof, and each two (2) years thereafter, each tow truck operator and driver thereof shall be fingerprinted by the Upland Police Department, at the tow truck operator's expense, for purposes of verifying compliance with this section.

Each Official Tow Provider shall immediately advise the Chief of Police of the Upland Police Department of any facts which would cause such Provider, or any tow truck owner, operator, or driver thereof, to be disqualified from providing services due to any criminal conviction or conviction of traffic violations. Each Official Tow Provider shall comply with

Page 60 of 382 ends

9. Each Official Tow Provider shall maintain records of tow services furnished pursuant to this agreement which include a description of each vehicle towed, the nature of service, time and location of call, and the response time from receipt of call to arrival of the tow truck at the scene. Such records shall be maintained for no less than one (1) year and shall be subject to inspection by Upland Police Department.

10. Upon request, adequate impound space is to be provided to accommodate vehicles held for the purpose of processing for physical evidence. Such impound space shall be within or contiguous to the required tow yard and shall be protected by an enclosure consisting of a separate fenced yard or area and gate with a locking device for protection from contamination. Protection shall also be provided to preclude evidence contamination by employees and other individuals during normal business hours if requested to hold for prints.

11. Each Official Tow Provider shall clean up and remove all debris from the accident scene as required by Vehicle Code Section 27700 and Police Department personnel.

12. Each Official Tow Provider shall have available for its immediate use, at least four tow trucks, one of which shall be twin-boomed and one of which shall be of flat bed design.

13. Checkpoint tow rotations will be rotated after each individual checkpoint. Night time (starting after 6:00 pm) checkpoints and daytime (starting before 6:00 pm) will be rotated in the same manner however tracked separately as there are typically more night time checkpoints than day time.

14. All tow trucks shall be equipped with a vehicle dolly and a fully functioning commercial VHF or UHF two-way radio, cellular or other wireless telephone and a GPS or similar device.

15. Tow and storage rates shall be conspicuously posted in the office of the towing service, and shall, at all times, be available for review by any member of the public. Each Official Tow Provider shall accept major credit cards for the payment of towing, storage and/or impound fees.

16. Each Official Tow Provider shall maintain a business office for release of vehicles and the required storage and impound lot available for use twenty-four (24) hours per day, seven (7) days per week.

17. All employees shall be provided with a distinctive highly reflective uniform shirt. A highly reflective vest may be worn in lieu of the reflective type uniform, these must be ANSI class II or class III in order to meet Federal Highway Administration rules. Each uniform shall state the tow company name, as well as the employee's name, in a conspicuous place. Each employee shall have sufficient uniforms so as to maintain a neat and clean appearance at all times. The reflective uniform and/or vest must be worn when the driver is within the roadway or performing a tow service for department personnel.

18. Each owner and employee shall, at all times, treat members of the public courteously and fairly and shall take all reasonable steps to avoid disputes. In furtherance thereof, each Official Tow Provider shall establish a written procedure for accepting written complaints from members of the public. Written complaints received shall be maintained for no less than one (1) year and shall be available for inspection upon request by a member of the Upland Police Department. These customer service standards shall be in addition to any and all customer service standards as may be adopted by the Upland

Page 61 of 382 ends

Police Department and provided to the Official Tow Provider. Each employee shall be provided a copy of this Tow Policy and Procedures.

19. Complaint files containing officer complaints regarding individual tow companies will be maintained by the Traffic Division. By appointment, these files are subject to viewing by the tow company's owners or his/her designee, only the respective files may be viewed.

20. In addition to towing and storage rates required to be posted, each Official Tow Provider shall also conspicuously post in its business office area open to the public, a copy of this Tow Policy and Procedures and written notice of the procedure to file a written complaint.

21. Response time is defined as "less than twenty five minutes".

Page 62 of 382 ends

o• trzte

4. `' 11` ' CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT 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 $250 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/citv-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

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

1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 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?
livEs If yes, please identify the Council jai;

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 $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? nYE If yes, please identify the Council Member(s):

Nrii
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 t our proposal or application.

CI
•
Date ature of authorized individual
C..\..) \.. i ---i—
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 63 of 382 ends

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 Gov. Code 84308(a)(2) entitlement for use and who has a financial interest in Participant the decision.A person actively supports or opposes a FPPC Req 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 Req 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)(Al contract, to the next lowest bidder with a responsive
bid.

A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Req employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.

Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Req Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.

Page 64 of 382 ends

4441 ° 4 CITFUPLAND
"The City of Gracious Living"
o -
DATE: October 12,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO BLANCO,CHIEF OF POLICE

ERIC DIVINCENZO,POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF A FIRST AMENDMENT TO A TOW SERVICES AGREEMENT WITH MR. T'S TOWING
RECOMMENDED ACTION:

It is recommended that the City Council approve Amendment No. 1 to the Tow Services Agreement between the City of Upland and Mr. T's Towing and authorize the City Manager to the amendment.

GOAL STATEMENT
The proposed action supports the City's goal of providing towing services to the Upland Police Department.

BACKGROUND
On November 1, 2023 the City entered into a non-exclusive agreement with Mr. T's Towing for the provision of towing services for the Upland Police Department. The term of this initial agreement was three years, with an expiration date of October 31,2026.The initial agreement allowed for two(2)one year renewal options to extend the term of the agreement.

ISSUES AND ANALYSIS
Mr.T's Towing has satisfactorily provided towing services to the Upland Police Department throughout the duration of the initial agreement. Staff recommends that the City exercise its option to extend the agreement for one (1) additional year term.

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

FISCAL IMPACTS
The costs for the provision of towing services will remain unchanged from the initial contract.Funds are available in the Police Administration-Contract Services Account No. 1013201-5253.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 65 of 382 ends

FIRST AMENDMENT TO

TOW SERVICES

AGREEMENT
This First Amendment to the Tow Services Agreement(the"First Amendment"), effective November 1, 2026 ("First Amendment Date"), is 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, California 91786 ("City"), and Mr. T's Towing, a California Corporation, with its principal place of business at 997 E. 8th Street, Upland, CA 91786 ("Contractor").

B. The initial term of the Agreement started on the Effective Date and continued for three (3) years through October 31, 2026.

C. The Agreement allows for two (2) one-year renewal options subject to the written consent of both parties.

D. Both parties agree as to the continuation of towing services under the same terms as the original Agreement.

E. Section 2 of the Agreement limits the number of extensions to two; therefore, one additional one-year renewal option remains available to the parties after this First Amendment to the Agreement.

F. The parties now desire to provide for the first renewal option extension to October 31, 2027,under the same terms as the original Agreement.

G. Section 6, Fees/Services, of the original Agreement remains unchanged, which sets forth the compensation and terms of payment to be paid for services rendered under the Agreement.

Page 1 of 3 ends

Error!Unknown document property name.

Page 66 of 382 ends

TERMS AND CONDITIONS

1. First Extension. The term of the original Agreement is hereby extended through October 31,2027. The term remains subject to one additional one-year extension under section 2 of the Agreement.

2. No other change. All other terms of the Agreement remain unchanged and in full effect and apply to this First Amendment.
(Signatures on following page)

Page 2 of 3 ends

Error!Unknown document property name.

Page 67 of 382 ends

IN WITNESS WHEREOF, the parties have executed this First Amendment as indicated below.

CITY OF MR T'S TOWING
UPLAND
By: By:

Michael Blay
City Manager Title:

Attest:

By:

Keri Johnson
City Clerk
Approved as to Form:

By:

Thomas A. Rice
City Attorney

Page 3 of 3 ends

Error!Unknown document property name.

Page 68 of 382 ends

TOW SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of November 2023 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 and, hereinafter referred to as "CITY," and MR T's Towing, a California Corporation, with its principal place of business at 997 E. 8th Street, Upland CA 91786, hereinafter referred to as "CONTRACTOR."
WITNESSETH:

NOW, THEREFORE, the parties hereto agree as follows:

Further, such policy of insurance shall provide that the insurer waives all rights of subrogation against CITY and its elected officials, officers, employees and agents.

In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees.

Page 69 of 382 ends

Page 70 of 382 ends

CONTRACTOR shall provide CITY with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.

Page 71 of 382 ends

6. Fees/Services Except as otherwise provided by law, all towing and storage charges shall be paid by the owner or lawful possessor of the towed, stored or impounded vehicle.

Except as otherwise provided by law, CONTRACTOR shall provide tow services in accordance with the following Fee Schedule for those services requested by the City of Upland Police Department:
a. TOW, STORAGE AND DEFINITION OF SERVICE
TOWS FEES
City-owned Vehicles: No Charge
City owned vehicles that weigh less than 3 tons and are within 50 miles of the City Yards located at 1370 N. Benson Avenue, Upland will not be charged for towing. Those over the weight limit or outside the mileage will be billed at the tow company's normal rate. This is inclusive of 30 day storage lien sale vehicles into and out of the CITY's storage facility.
30-Day Impounded Vehicles: $ 150.00
Vehicles that are impounded for 30-days and will be stored at the Upland Police impound lot located at 1370 N. Benson Avenue, Upland (Tow company will bill every thirty days for above described vehicles and the City of Upland will pay 30 days net upon receipt and verification of invoice.)
SERVICES No Charge
Change of flat tire of City of Upland Police owned vehicles. (When the City Yard is closed and a police vehicle within the above described mileage limits needs a tire changed. Outside of the mileage limits would incur the tow company's normal charge for a flat tire change.)

Page 72 of 382 ends

Storage fees are to be in compliance with California Vehicle Code section 22658.

Automobile (Storage) $ 70.00
Per Day
Motorcycles (Storage) $ 70.00
Per Day
Trucks, Trailers, Boats or Others (Storage): $ 75.00 20' to 40' in Length Per Day
50' and Over $ 75.00
Per Day
b. The Upland Police Department shall, insofar as possible, attempt to limit impound calls for 72 hour violation vehicles to the period between the hours of 7:00 a.m. and 9:00 p.m., Sunday through Saturday. However, towing services shall be available 24 hours per day for emergencies, and the maximum permitted response time shall not exceed 25 minutes. `Response time" shall mean that period of time commencing upon receipt of request for service from the Upland Police Department, and ending upon the actual time of arrival of CONTRACTOR'S tow vehicle at the scene.

Page 73 of 382 ends

Proposed adjustments may be approved by the Chief of Police based upon documented increases in the cost-of-living index as established by the United States Department of Labor.

7. Release of Vehicles No vehicle stored or impounded at the direction of the Upland Police Department shall be released without written approval of the Upland Police Department.

Page 74 of 382 ends

Executed the day and the year first above written.
[Signatures on following page]

Page 75 of 382 ends

[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary OR Treasurer
REQUIRED]
By: L. CONTRACTOR: Mr. T's Towing
Mic Fl B , City Manager
BY:

Attest:
(Printed Name)
Ke i John ity Cle
- Title:

Approved As to Form: ,„
(1,- 6- 1-/. BY:

City Attorney
(Printed Name)
Title:

Page 76 of 382 ends

[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary OR Treasurer
REQUIRED]
By: CONTRACT R: Mr. T's Towing
Michael Blay, City Manager
BY:

Attest: Uk5hc r-hcc5
(Printed Name)
. Keri Johnson, City Clerk (Le-c7
Title: •
Approved As to Form: ` � P�� A
BY: V 61-t . 6-- /�,
City Attorney
(Printed Name)
Title: 1 ' ""v1 °

Page 77 of 382 ends

EXHIBIT A

CITY OF UPLAND

POLICE DEPARTMENT
i. UNDER NO CIRCUMSTANCES SHALL AN OFFICIAL TOW PROVIDER RESPOND TO ANY

ACCIDENT SCENE OR SCENE OF POLICE ACTIVITY UNLESS SPECIFICALLY REQUESTED TO DO SO BY THE UPLAND POLICE DEPARTMENT.
ii. All tow vehicles shall be equipped and each towing business shall be licensed as required by law. All tow vehicles shall be inspected to insure compliance with all provisions of Sections 24605, 25253, 27700 and 27907 of the California Vehicle Code, and any and all other applicable statutes, rules and regulations. Inspections may be conducted by a captain of the Upland Police Department or his designee as deemed necessary, or by any other entity designated by the Upland Police Department. The name of the business shall be conspicuously displayed on each side of each tow vehicle. iii. Each Official Tow Provider shall at all times maintain in force and full effect one of the forms of financial responsibility as specified in Section 16021 and 16055 of the California Vehicle Code. Each Official Tow Provider is required to file with the Police Department proof that such financial responsibility is in fact in effect and in full force (insurance binder from company or agent shall be sufficient proof). iv. All required tow, storage and impound services shall be available on a 24-hour, 7 Jay- a-week basis during the company's weekly rotation turn. Tow companies will be rotated on a weekly basis defined as Sunday 12:00 am to the following Saturday 11:59 pm. v. All Official Tow Provider storage and office facilities (capable of completing vehicle releases) must be within a five mile radius from the Upland Police Department, 1499 W. 13th Street. Upland.
vi. Adequate security for vehicles and property at the required storage facility must be provided. Minimum standards shall consist of:

1. A wall or fence at least six feet in height surrounding the police storage and impound lot. The minimum capacity of such shall be fifty (50) vehicles, and the lot shall conform to land use regulations of the City or County jurisdiction in which it is located.

2. At least one gate or door that will allow adequate vehicular access to the lot and an adequate locking device on such gate or door.

3. Such additional security devices and lighting as deemed necessary by the Police Department.
vii. Tow truck drivers shall possess sufficient skills and ability to ensure a safe and proper execution of their service responsibilities. All drivers shall possess a proper class and valid driver's license according to Section 12804 of the California Vehicle Code. No tow truck owner, operator, or driver shall be allowed to provide tow services if he or she has been convicted of driving under the influence within the past seven (7) years, or convicted for any felony or theft related crime within the last ten (10) years. Further, no tow company employee, agent, owner may operate a tow vehicle in the performance of official police tow services if he or she has been convicted of three (3) or more moving violations in the previous three (3) years. Prior to commencing service as an Official Tow Provider or driver thereof, and each two (2) years thereafter, each tow truck operator and driver thereoV shall be fingerprinted by the Upland Police Department, at the tow truck operator's expense, for purposes of verifying compliance with this section.

Page 78 of 382 ends

all California Vehicle Code reporting requirements, including the requirements set forth in Section 10650 and 10652. The Police Department shall be furnished a copy of the report which the tow operator is required to furnish the Department of Justice by receipted mail. The copy of said notice to the Police Department may be forwarded by regular mail to the attention of the Patrol Division Commander. viii. Each Official Tow Provider shall maintain records of tow services furnished pursuant to this agreement which include a description of each vehicle towed, the nature of service, time and location of call, and the response time from receipt of call to arrival of the tow truck at the scene. Such records shall be maintained for no less than one (1) year and shall be subject to inspection by Upland Police Department. ix. Upon request, adequate impound space is to be provided to accommodate vehicles held for the purpose of processing for physical evidence. Such impound space shall be within or contiguous to the required tow yard and shall be protected by an enclosure consisting of a separate fenced yard or area and gate with a locking device for protection from contamination. Protection shall also be provided to preclude evidence contamination by employees and other individuals during normal business hours if requested to hold for prints.
x. Each Official Tow Provider shall clean up and remove all debris from the accident scene as required by Vehicle Code Section 27700 and Police Department personnel. xi. Each Official Tow Provider shall have available for its immediate use, at least four tow trucks, one of which shall be twin-boomed and one of which shall be of flat bed design.

All tow trucks shall be at least one ton and dual-wheeled. During checkpoints assigned companies are required to have a minimum of three tows and drivers at the scene. Only the on-scene supervisor may make exceptions to this.
xii. Checkpoint tow rotations will be rotated after each individual checkpoint. Night time (starting after 6:00 pm) checkpoints and daytime (starting before 6:00 pm) will be rotated in the same manner however tracked separately as there are typically more night time checkpoints than day time.
xiii. All tow trucks shall be equipped with a vehicle dolly and a fully functioning commercial VHF or UHF two-way radio, cellular or other wireless telephone and a GPS or similar device.
xiv. Tow and storage rates shall be conspicuously posted in the office of the towing service, and shall, at all times, be available for review by any member of the public. Each Official Tow Provider shall accept major credit cards for the payment of towing, storage and/or impound fees.
xv. Each Official Tow Provider shall maintain a business office for release of vehicles and the required storage and impound lot available for use twenty-four (24) hours per day, seven (7) days per week.
xvi. All employees shall be provided with a distinctive highly reflective uniform shirt. A highly reflective vest may be worn in lieu of the reflective type uniform, these must be ANSI class II or class III in order to meet Federal Highway Administration rules. Each uniform shall state the tow company name, as well as the employee's name, in a conspicuous place. Each employee shall have sufficient uniforms so as to maintain a neat and clean appearance at all times. The reflective uniform and/or vest must be worn when the driver is within the roadway or performing a tow service for department personnel. xvii. Each owner and employee shall, at all times, treat members of the public courteously and fairly and shall take all reasonable steps to avoid disputes. In furtherance thereof, each Official Tow Provider shall establish a written procedure for accepting written complaints from members of the public. Written complaints received shall be maintained for no less than one (1) year and shall be available for inspection upon request by a member of the Upland Police Department. These customer service standards shall be in addition to any and all customer service standards as may be adopted by the Upland

Page 79 of 382 ends

Police Department and provided to the Official Tow Provider. Each employee shall be provided a copy of this Tow Policy and Procedures.
xviii. Complaint files containing officer complaints regarding individual tow companies will be maintained by the Traffic Division. By appointment, these files are subject to viewing by the tow company's owners or his/her designee, only the respective files may be viewed. xix. In addition to towing and storage rates required to be posted, each Official Tow Provider shall also conspicuously post in its business office area open to the public, a copy of this Tow Policy and Procedures and written notice of the procedure to file a written complaint. xx. Response time is defined as "less than twenty five minutes".

Page 80 of 382 ends

OV TA
4 L/4,

4. CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
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 $250 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.

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.

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 $250 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?
DYES If yes, please identify the Council Member(s):

LINO

LINO
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. 10/01/2026
Date Signature of authorized individual

MIZYED MUSHARBASH
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 81 of 382 ends

:,' Up`q� CITYUPLAND
, �` "The City of Gracious Living"
DATE: October 12,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO BLANCO,CHIEF OF POLICE

ERIC DIVINCENZO,POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF A FIRST AMENDMENT TO A LIEN SALES SERVICE

AGREEMENT
RECOMMENDED ACTION:

It is recommended that the City Council approve Amendment No. 1 to the Lien Sales Services Agreement between the City of Upland and Denco Lien Sales,Inc.extending the agreement until October 31,2027;and authorize the City Manager to execute the amendment.

GOAL STATEMENT
The proposed action supports the City's goal of providing lien sale services to the Upland Police Department.

BACKGROUND
On November 1,2023 the City entered into an exclusive agreement with Denco Lien Sales,Inc. for the provision of lien sale services for the Upland Police Department.The term of this initial contract was three years,with an expiration date of October 31,2026.The initial contract allowed for two(2)one year renewal options to extend the term of the agreement.

ISSUES AND ANALYSIS
Denco Lien Sales,Inc. has satisfactorily provided lien sale services to the Upland Police Department throughout the duration of the initial contract. Staff recommends that the City exercise its option to extend the agreement for one(1) additional year term.

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

FISCAL IMPACTS
The total estimated costs for lien sales processing is $11,500 for Fiscal Year 2026-27. Funds are available in the Police Administration-Contract Services Account No. 1013201-5253.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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FIRST AMENDMENT TO

LIEN SALE SERVICES

AGREEMENT
This First Amendment to the Lien Sale Services Agreement (the "First Amendment"), effective November 1,2026("First Amendment Date"),is 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, California 91786 ("City"), and Denco Lien Sales, Inc., a California Corporation,with its principal place of business at 224 S. Glendora Ave. #C, Glendora, CA 91741 ("Contractor").

RECITALS
A. The City and Contractor are parties to that certain Lien Sale Services Agreement effective November 1, 2023, for the exclusive provision of lien sale services for the Upland Police Department(the "Agreement").

B. The initial term of the Agreement started on the Effective Date and continued for three (3) years through October 31, 2026.

C. The Agreement allows for two (2) one-year renewal options subject to the written consent of both parties.

D. Both parties agree as to the continuation of lien sale services under the same terms as the original Agreement.

E. Section 2 of the Agreement limits the number of extensions to two; therefore, one additional one-year renewal option remains available to the parties after this First Amendment to the Agreement.

F. The parties now desire to provide for the first renewal option extension to October 31, 2027,under the same terms as the original Agreement.

G. Section 8, Costs, of the original Agreement remains unchanged, which sets forth the compensation and terms of payment to be paid for services rendered under the Agreement.

Page 1 of 3 ends

Error!Unknown document property name.

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TERMS AND CONDITIONS

1. First Extension. The term of the original Agreement is hereby extended through October 31,2027. The term remains subject to one additional one-year extension under section 2 of the Agreement.

2. No other change. All other terms of the Agreement remain unchanged and in full effect and apply to this First Amendment.
(Signatures on following page)

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Error!Unknown document property name.

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IN WITNESS WHEREOF, the parties have executed this First Amendment as indicated below.

CITY OF DENCO LIEN SALES,INC.

UPLAND
By: By:

Michael Blay
City Manager Title:

Attest:

By:

Keri Johnson
City Clerk
Approved as to Form:

By:

Thomas A. Rice
City Attorney

Page 3 of 3 ends

Error!Unknown document property name.

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LIEN SALES SERVICE AGREEMENT
THIS AGREEMENT is made and entered on this 1st day of November 2023, 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 and, hereinafter referred to as "City", and Denco Lien Sales, Inc., a California Corporation, with its principal place of business at 224 S. Glendora Ave, #C, Glendora, Ca 91741, hereinafter referred to as "Contractor".

WITNESSETH:

WHEREAS, it is the desire of the CITY and CONTRACTOR to enter into an exclusive agreement for lien sale services that will be requested by the Upland Police Department, pursuant to the terms and conditions set forth herein.

DESCRIPTION OF SERVICES
Service Provided:

SHORT LIEN: Fees
LONG LIEN: $35
LONG LIEN CANCELLATION: $125
LEGAL OWNERS $25
$10 EXTRA
Lien Services are described as providing the following services every week on an ongoing basis; Completed lien sales processing:
• Providing lien sale paperwork on eligible items that are registered with the DMV. • Lien processing for all values of liens.
• California DMV vehicle/vessel registration forms.
• All required postage.
• All Reg. 656 applications for vehicles valued over$4,000.00. • Al! legal ads for vehicles valued over$4,000.00.
• Retention of all returned notices and green cards. • Provide police department with invoice paperwork, including cancellations.

The City of Upland is responsible for the following in connection with Lien Sales Services:
• Documentation of all towed vehicles.
• Providing CHP 180 paperwork to the Lien Sale Service. • Providing keys and viewing opportunity of stored vehicles to Lien Sale Service.

NOW, THEREFORE, the parties hereto agree as follows:
1

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1. Performance of Service: Contractor agrees to perform lien sale services on an exclusive basis as an Official Lien Sales Provider and to furnish all labor and equipment necessary to implement lien sales in the City of Upland as directed, and subject to the satisfaction of, the Upland Police Department. All lien sales services shall be performed in accordance with all applicable provisions of law, and the provisions of this agreement.

2. Terms and Conditions: The terms and conditions of this agreement shall be effective as of November 1,2023,and continue through October 31,2026, unless sooner terminated as provided herein. The CITY may, upon mutual agreement, extend the contract for two (2) one-year additional terms.

3. Insurance: The CONTRACTOR shall not commence work under this contract until it has obtained all insurance required hereunder a company or companies acceptable to the CITY nor shall the CONTRACTOR allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Compensation insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the CONTRACTOR may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. Further, such policy of insurance shall provide that the insurer waives all rights of subrogation against the CITY and its elected officials, officers, employees and agents.

In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees.

CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing with the performance of work under this contract."
b. For all operations of the CONTRACTOR or any subcontractor authorized to perform the work herein,insurance with the following minimum limits and coverage:

Commercial General Liability (occurrence) - for bodily injury, death and property damage for products/completed operations and any and all other activities undertaken by the contractor in the performance of this Agreement, OR
ii.. (Alternative to Commercial General Liability) — Comprehensive, broad form General Public Liability (occurrence) —for bodily injury, death and property damage arising out of any activities undertaken by CONTRACTOR in the performance of this Agreement.
iii. Comprehensive Automobile Liability(occurrence)—for bodily injury, death and property damage insuring against all liability arising out of the use of any vehicle.
2

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iv. Other required insurance,endorsements or exclusions as required by the CITY.
v. The policies of insurance required in the above sections shall have no less than the following limits of coverage:

1. $1,000,000 (One Million Dollars) for bodily injury or death;

2. $1,000,000 (One Million Dollars) for property damage;

3. $1,000,000 (One Million Dollars) combined Single Limit for Injuries, including Accidental Death and Property Damage Insurance.
c. Each such policy of insurance required in Section (b) shall:

Be subject to no deductible amount unless otherwise approved in writing by CITY.
ii. Be issued by an insurance company approved in writing by CITY, which is admitted and licensed to do business in the State of •
California and which is rated AVII or better according to the most recent A.M. Best Co. Rating Guide.
iii. Name as additional insured the CITY, its elected officials, officers, agents and employees.
iv. Specify that it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy.
v. Specify that it apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
vi. Contain a clause in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by CITY of written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
vii. Specify that any failure to comply with reporting or other provisions of the required policy,including breaches of warranty,shall not affect the coverage required to be provided.
viii. Specify that the insurer waives all rights of subrogation against any of the named additional insured.
ix. _ Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and aftorney's fees, shall be paid in addition to and shall not deplete any policy limits. x. Otherwise be in form satisfactory to CITY.

1. Prior to commencing performance under this Agreement, the CONTRACTOR shall furnish to the CITY with original
endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.

All endorsements or policies shall be received and approved by the CITY before CONTRACTOR commences performance.

If performance of this Agreement shall extend beyond one year, CONTRACTOR shall provide City with the required 3

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policies or endorsements evidencing renewal of the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.

4. Indemnification: The CONTRACTOR shall indemnify, defend and hold the CITY, its elected officials, officers,agents,and/or employees free and harmless from all claims,liabilities,costs,and demands of any description arising out of performance of this Agreement or any supplemental agreement, to the extent such claims or demands are alleged to be the result of an act or omission of CONTRACTOR or anyone acting on behalf of CONTRACTOR when performing services pursuant to this Agreement. CONTRACTOR'S duty to indemnify shall include payment of all attorneys' fees, court costs and all other costs of litigation incurred by CITY.

5. Labor and Equipment: It is expressly understood and agreed that in the furnishing of all labor aid equipment and in the performance of all work under this Agreement, the CONTRACTOR is acting as an independent contractor and not as an agent,servant, or employee of the City of Upland.

6. CONTRACTOR's Responsiveness: CONTRACTOR shall respond to Upland Police Department once a week on a regular business day to be determined by the Upland Police Department.

7.Vehicle Values: The vehicle values will be determined by consulting the most current Kelley Blue Book.

8. Costs: The costs for service provided by each party under this Agreement shall be in the amounts, due and payable all as set forth on Attachment 1 hereto, which amounts may be revised from time to time pursuant to this Agreement.
•

9. Dispute of Agreement: A representative of the Upland Police Department who is the Administrative Services Division Commander shall mediate any dispute between the CONTRACTOR and the CITY regarding the administration of this Agreement and the decision shall be governed by the provisions of Section 13 of this Agreement.

10. Interpretation of Contract: This Agreement constitutes the entire contract between the CITY and CONTRACTOR. No representation, agreement, or promise, whether express or implied, shall be binding upon either party hereto unless expressly set forth herein. Any changes or modifications of any of the terms and conditions herein shall be in writing and executed by the parties hereto, provided, however, that CatITRACIOR understands and agrees that it will, if required by the CITY, execute such further agreements as the CITY requires to provide additional insurance protection for the CITY against third party claims arising from CONTRACTOR's operations pursuant to this Agreement.

11. Termination Agreement: Either the CITY and/or the CONTRACTOR may terminate this Agreement upon giving to the other thirty (30) days prior written notice of said termination. Termination may be with or without cause and, upon termination, neither party shall have any further liability hereunder provided, however,that CONTRACTOR's obligations pursuant to Section 4 shall continue for the maximum period permitted by law.

12. Assignment of Work: This Agreement may not be assigned nor shall CONTRACTOR subcontract any portion of the work required to be performed herein or utilize equipment or storage yard not owned or 4

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leased by CONTRACTOR,without prior written consent of the CITY,and any attempted assignment thereof without such consent shall be null and void.

13. Attorney's Fees: Should it be necessary for any party to commence any legal action or proceeding to enforce the terms or conditions hereof, the prevailing party in such action shall be entitled to recover from the unsuccessful party all reasonable attorney's fees, costs and expenses incurred by it in the prosecution or defense of such action.

14. Severability: Should any provision, section, word or sentence of this Agreement be declared invalid or preempted by a court of competent jurisdiction, such invalidity or preemption shall not affect any remaining provision, section, word or sentence in this agreement.

Executed the day and the year first above written.
[If Corporation,TWO SIGNATURES, President OR Vice
President AND Secretary OR Treasurer REQUIRED]
CO TOR: Denco Lien Sales, Inc.

By gUtAlt09
c ael Blay, City Manager BY:

Atte t: D&la,5 Lc)iaoffr
(Printed Name)
Keri Johnson it lerk Title: Rect
6 `
Approved As to Form: . �_ By;' I
f
City Attorney
(Printed Name)
Title:
•

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off` tip
r

CALIFORNIA LEVINE ACT DISCLOSU E STATEMENT
'
C9L� 1q •
California Government Code Section 84308, commonly referred to as the "iLevine 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 $250 within the twelve (12) months befolre the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

Current Upland City Council Members are listed at:
https://www.upla ndca.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.

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 $250 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?
EYES If yes, please identify the Council Member(s):
. erN O

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 your proposal or application. q-j a
6426AAA - I A
Date Signature of authorized individua Qe,rnic ki2C17 C
Company/Applicant Name Lijjlf.
(Levine Act definitions on reverse side)

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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 Req 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 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 a FPPC Req employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.

Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee,A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.

I ,

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ov
,�A:i' °p` , CITFUPLAND
, �` "The City of Gracious Living"
,i,,-,,,,,,'' Staiel --q9c'ill
DATE: October 12,2026
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 AWARD OF BID FOR PROJECT NO.23924,DOWNTOWN PUBLIC PARKNIG LOT IMPROVEMENT, SOUTHWEST CORNER OF ARROW HWY. &THIRD AVE.

RECOMMENDED ACTION:

It is recommended that the City Council approve the Plans and Specifications for Project No. 23924; award the construction contract to Prestige Paving Company, Inc. in the amount of$158,585.99; and authorize a construction contingency of$26,414.01,for a total amount of$185,000.

GOAL STATEMENT
The proposed action supports the City's goal of improving the City's public parking lot facilities.

BACKGROUND
The City recently completed the design and construction documents for Project No.23924 to improve public parking facilities located on the southwest corner of Arrow Highway and Third Avenue. Specific improvements include replacement of displaced concrete sidewalk; grading, subgrade preparation, and compaction; asphalt paving construction;installation of new ADA parking stalls;installation of an ADA ramp;parking lot striping;installation of bicycle racks;and installation of new wayfinding monument for Downtown Upland.

ISSUES AND ANALYSIS
The project was advertised on the City's website and PlanetBids beginning June 29,2026. A non-mandatory pre-bid meeting was held on July 21,2026. On July 28,2026,the City received 19 submissions on PlanetBids for the project, under Bid No.2026-03,as follows:

Bidder r Bid Amount
Prestige Paving Company,Inc. $158,585.99
Superior Paving Company,Inc.DBA United Paving Co $160,660.46 Roadway Engineering&Construction Corp. $164,400.00
PaveWest,Inc. $166,744.80
Horizon Underground $166,811.00
Elegant Construction,Inc. $169,800.00
Hardy&Harper,Inc. $181,000.00
All American Asphalt $185,335.90
Van Engineering,Inc. $189,185.00
H L Hitchcock Construction,Inc. $191,845.00
Onyx Paving Company,Inc. $204,000.00
Paveco Construction $205,440.00
Gentry General Engineering,Inc. $243,818.00
JCE Equipment,Inc. $247,959.08
Lee&Stires,Inc. $257,814.00
Leonida Builders,Inc. $259,209.00
Diamond Construction&Design $267,717.00
Broxton,Inc. $294,310.00
Mendoza Engineering Company,Inc $318,740.50

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The City has reviewed all 19 submissions and confirmed that Prestige Paving Company,Inc.,is the lowest responsible and responsive bidder. If awarded,construction is anticipated to begin in November and be substantially complete by January,weather permitting.

ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c)(Existing Facilities),of the CEQA guidelines.The project involves repair and maintenance of existing public facilities and does not involve any expansion of use beyond that which is existing.The City filed the Notice of Exemption with the County of San Bernardino on June 30,2026.

FISCAL IMPACTS
The total estimated cost for the parking lot improvements is$185,000. Funding is available in the CDBG Capital Project Account No.2097500-5540-23924.

ALTERNATIVES
Provide alternative direction to staff.

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

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00 52 13— CONTRACT FOR CONSTRUCTION
This Contract for Construction ("Contract"), No. No. 23924, Downtown Public Parking Lot Improvement (Arrow Hwy & 3rd Ave) is made and entered into this 28th day of September, 2026 by and between the CITY OF UPLAND , with its principal place of business at 460 N.

Euclid Avenue, Upland, California 91786 sometimes hereinafter called the "City" and Prestige Paving Company, Inc ,sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Project No. 23924
Bid No. 2026-03
Downtown Public Parking Lot Improvement (Arrow Hwy & 3rd Ave) Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within forty-five (45) calendar days calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred and fifty-eight thousand, five hundred and eighty five Dollars and ninety-nine Cents ($158,585.99). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's actual damages.

DOWNTOWN PUBLIC PARKING LOT -1- 00 52 13—CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

Page 95 of 382 ends

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of$250.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to delays for which the City is responsible. The parties agree that determining Contractor's exact delay damages is and will continue to be impracticable and extremely difficult.

As such, for each calendar day in excess of the Contract Time, the City shall pay to the Contractor $250.00 per day as Reverse Liquidated Damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for any City caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Notice of requests for delay damages and additional days shall be provided to the City within five (5) Days from the discovery of the circumstances giving rise to any delay or three (3) Days from the discovery of any latent or subsurface conditions giving rise to a delay.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The "Contract Documents" include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Federally Assisted Project U.S. Department of Housing and Urban Development Exhibits Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised DOWNTOWN PUBLIC PARKING LOT -2- 00 52 13-CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

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Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
DOWNTOWN PUBLIC PARKING LOT _3_ 00 52 13-CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF UPLAND [***INSERT NAME OF CONTRACTOR***]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
By: OR Treasurer REQUIRED]
Bill Velto
Mayor
By:

Its:

ATTEST:

Printed
By: Name:

Keri Johnson, City Clerk
By:

APPROVED AS TO FORM: Its:

Printed
By: Name:

Best Best & Krieger LLP
City Attorney
1110800 A
Contractor's License Number and
Classification
1001110905
DIR Registration Number
(CONTRACTOR'S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
DOWNTOWN PUBLIC PARKING LOT -4- 00 52 13—CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

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DOWNTOWN PUBLIC PARKING LOT _5_ 00 52 13-CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , 20 , before me, , Notary Public, personally Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") appeared , who proved to me on the basis of satisfactory Name(s)of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
I General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
❑ Other:

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
DOWNTOWN PUBLIC PARKING LOT -6- 00 52 13—CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

Page 100 of 382 ends

00 61 13 — BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter referred to as the "City") has awarded to Prestige Paving Company, Inc., (hereinafter referred to as the "Contractor") an agreement for Contract No. 23924, (hereinafter referred to as the "Project").

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 25, 2026 (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, , the undersigned Contractor and _ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's DOWNTOWN PUBLIC PARKING LOT _7_ 00 52 13-CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

Page 101 of 382 ends

obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:

Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
DOWNTOWN PUBLIC PARKING LOT -8- 00 52 13-CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

Page 102 of 382 ends

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges is $ _ .
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
DOWNTOWN PUBLIC PARKING LOT _9_ 00 52 13-CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

Page 103 of 382 ends

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) I Limited
I General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

DOWNTOWN PUBLIC PARKING LOT _10_ 00 52 13—CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

Page 104 of 382 ends

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
DOWNTOWN PUBLIC PARKING LOT -1 1- 00 52 13—CONTRACT FOR CONSTRUCTION IMPROVEMENT(ARROW HWY&3RD Ave)

Page 105 of 382 ends

Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter designated as the "City"), by action taken or a resolution passed September 28, 2026, has awarded to Prestige Paving Company, Inc., hereinafter designated as the "Principal," a contract for the work described as follows: Contract No. 23924 (the "Project"); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 25, 2026, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or DOWNTOWN PUBLIC PARKING LOT 12 PLANS AND DRAWINGS IMPROVEMENT(ARROW HWY&3RD Ave)

Page 106 of 382 ends

pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
DOWNTOWN PUBLIC PARKING LOT 13 PLANS AND DRAWINGS IMPROVEMENT(ARROW HWY&3RD Ave)

Page 107 of 382 ends

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

DOWNTOWN PUBLIC PARKING LOT 14 PLANS AND DRAWINGS IMPROVEMENT(ARROW HWY&3RD Ave)

Page 108 of 382 ends

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND73 13 — SPECIAL CONDITIONS
DOWNTOWN PUBLIC PARKING LOT 15 PLANS AND DRAWINGS IMPROVEMENT(ARROW HWY&3RD Ave)

Page 109 of 382 ends

Downtown Public Parking Lot Improvement
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1" = 100 ft 'roject No. 23924 Vicinity Map 09/14/2026 -a.- 110 of 382
This map may represent a visual display of related geographic information.Data provided here is not a guarantee of actual field conditions.To ensure complete accuracy,please contact the responsible staff for the most up-to-date information.

OF Upt��
' CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
C./tIF08�1
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.

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. 7/15/2026
Date Signature of authorized individual
Anthony Trujillo-RMO
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 111 of 382 ends

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 Gov. Code 84308(a)(2) entitlement for use and who has a financial interest in Participant the decision.A person actively supports or opposes a FPPC Rea 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 Rea 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 Req Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D1 contractor is NOT a personal employment contract.

Page 112 of 382 ends

OE UPLq$

CITY OF UPLAND

BUDGET AMENDMENT
c�LrsoR�tP.

Date: 7/1/2026 Fiscal Year: FY26-27
Requested by: Charles Kwon Amount: $ 414,554.00 Dept/Div: Finance Description: Carryover CDBG Downtown Public Parking Lot Improvement

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 2097500-5540-23924 CDBG Dntwn Parking Improv - - 414,554.00 414,554.00 Total - - 414,554.00 414,554.00

REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - - -
Fiscal Impact 414,554.00
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:

El Other- Explain:

CARRYOVER CDBG FUNDS FOR DOWNTOWN PUBLIC PARKING LOT IMPROVEMENT(SWC ARROW HWY&3RD AVE) This request is directly related to:
❑ Purchase Requisition No. Vendor:

El Council Meeting action: 10/12/2026 (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#: 01276022 Help Ticket#: N/A
Journal #: 382 Initial/Date:

Revised:7/2026 Page 1113I oa 28 PM

4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: October 12,2026
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

EMILY SAUCEDO,MANAGEMENT
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
The replacement motor has been delivered and is available for installation upon receipt of the necessary permits and approvals. KSM will submit the Traffic Control Plan in the upcoming weeks. The underground conduit repairs have been completed,and replacement of the SCADA system can now be scheduled and coordinated.

KSM is scheduled to be on site to install the 480-volt conductors between the Meter Main and Distribution Panel and between the Distribution Panel and Motor Control Panel; connect control circuits between the Motor Control Panel and the City's SCADA panel; and install the Motor Control Panel.These activities will position the project for motor installation and startup once the soft-start panel is delivered and all necessary permits and approvals have been obtained.Construction activities are anticipated to progress in the coming weeks as equipment installation,permitting, and startup coordination efforts advance.

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.

Page 114 of 382 ends

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

Page 115 of 382 ends

*4-

CITFUPLAND
"The City of Gracious Living"
�lrFOR�i� o -
DATE: October 12,2026
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
SUBJECT: EMERGENCY REMEDIATION&RESTORATION EFFORTS FOR CITY HALL-UPDATE RECOMMENDED ACTION:

It is recommended that the City Council receive and file the status update related emergency remediation and restoration efforts for City Hall.

BACKGROUND
On June 17,2026,City Hall experienced a significant sewer overflow after a blockage resulted in approximately 600 gallons of sewage backing up through multiple toilets. Staff responded immediately,coordinating with a professional plumber, restoration contractor, and City Sewer staff to stop the overflow, clear the blockage, and begin extraction and cleanup.

Full remediation began the following morning,including industrial air scrubbers and dehumidifiers, asbestos testing, environmental consultation, and removal of affected carpet, drywall, and plaster. All impacted areas were professionally cleaned and sanitized, with laboratory testing confirming there were no remaining contamination concerns.Additional suspected asbestos materials discovered in the lobby required further testing and briefly delayed work in that area.Full remediation was completed on June 26,2026.While remediation efforts were underway,staff began working on restoration efforts including gathering quotes and identifying timelines.

On August 10,2026,the City Council adopted Resolution No.6903 declaring an emergency condition and authorized the City Manager to approve purchases and execute contracts related to the restoration of City Hall following a sewer overflow event. 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.

ISSUES AND ANALYSIS
Restoration efforts continue to move forward. Cleanout valves,a backflow device,and sewer pipe relining have been completed to help prevent future blockages and provide easier access for preventive maintenance.Drywall and plaster repairs,including painting,were completed but Public Works staff identified a few items for touch up which will be completed soon.Flooring installation in the lobby and front counter areas has begun and should be completed by the end of October.Flooring for City Council Chambers and employee areas is on order,and installation will begin once received.

Restoration work will continue to be completed in phases and,where possible,scheduled during weekends and other low-impact periods to minimize disruptions to staff,customers,public meetings,and normal City Hall operations.

ENVIRONMENTAL DETERMINATION
The receipt of this status update is not a project subject to the California Environmental Quality Act("CEQA")because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to CEQA Guidelines §15378(b)(5). In addition, the emergency remediation and restoration work is exempt from CEQA pursuant to CEQA Guidelines §15269(b),which exempts emergency repairs to publicly owned service facilities necessary to maintain services essential to public health, safety, or welfare. Finally, the

Page 116 of 382 ends

proposed restoration work is also categorically exempt under CEQA Guidelines §15301(d)because it consists of the restoration or rehabilitation of an existing public facility damaged by the sewer overflow to meet current standards of public health and safety,with no expansion of the facility's existing use.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 117 of 382 ends

4c,°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: October 12,2026
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

NORBERTO FERREIRA,CHIEF WATER TREATMENT OPERATOR

EMILY SAUCEDO,MANAGEMENT ANALYST

LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH MARIPOSA LANDSCAPES,INC.FOR

LANDSCAPE MAINTENANCE SERVICES AT UTILITIES FACILITIES
RECOMMENDED ACTION:

It is recommended that City Council approve a Maintenance Services Agreement with Mariposa Landscapes,Inc. for landscape maintenance services at designated utilities facilities and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining City facilities and infrastructure through consistent landscape maintenance services at Utilities facilities.

BACKGROUND
The Public Works Deparlinent is responsible for the operation and maintenance of utilities facilities throughout the City.Landscape maintenance at these locations is necessary to maintain the appearance and condition of the properties and ensure landscaping and irrigation systems are routinely maintained.

On July 28, 2025, the City Council approved a maintenance services agreement with CLS Landscape Management for landscape maintenance of City of Upland water utility facilities.

In April 2026, the City Council approved a new citywide landscape maintenance service model and awarded four landscape maintenance agreements following a competitive procurement process. As part of that action, Mariposa Landscapes,Inc. was selected to provide landscape maintenance services for the City's South service area. The City received nine proposals for the South service area, and following the City's review and reference check process, Mariposa was determined to be the most qualified proposer.

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

As the desired work at the City's 21 water utility facilities is substantially similar to the services for which Mariposa was competitively selected for the City's South service area, staff recommend entering into a separate Maintenance Services Agreement with Mariposa Landscapes,Inc.to provide landscape maintenance services at designated utilities facilities.

Section 9.3 of the City's Purchasing Policy provides Contract Purchase Orders for repetitive-use services that may be common to one or more departments and is intended to reduce the administrative costs associated with redundant competitive bidding. Consistent with this provision, staff propose utilizing Mariposa for materially similar landscape maintenance services at 21 designated water utility facilities.

The attached agreement is for a one-year term at$67,080 and runs for the period of November 1,2026—October 21, 2027.This amount matches the total amount of the CLS Maintenance Services Agreement for the 25/26 fiscal year.

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FISCAL IMPACTS
The budgeted cost for the initial one-year term and a 10% contingency is $73,788. There are available funds in the Water Production and Storage Contract Services Account No. 6406205-5253.

Future renewal terms will be subject to available budget and any applicable CPI adjustment provided under the agreement.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12th day of October, 2026 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and Mariposa Landscapes, Inc., a California corporation with its principal place of business at 6232 Santos Diaz Street, Irwindale, CA, 91702 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

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

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

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

2.2 Project.

City desires to engage Contractor to render such services for the Water Utility Facilities Landscape Maintenance Services project ("Project") 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 the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from November 1, 2026 to October 31, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than 3 additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. - 1 -
Error!Unknown document property name.

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3.2 Responsibilities of Contractor.

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

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

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

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

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

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

3.2.4 City's Representative. The City hereby designates the Deputy Public Works Director— Utilities, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. - 2 -

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

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

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

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

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.
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3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to -4 -

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immediately remove from the Project any person found not to be in compliance with such requirements.

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

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

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

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

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

3.2.11 Insurance.

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

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

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

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

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such - 6 -

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cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). - 7-

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The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B)any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received - 8-

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and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

3.2.13 Bonds.

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

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

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

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

3.2.15 Work Site.

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

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation for Services rendered during the initial term shall not exceed Seventy-Three Thousand Seven Hundred Eighty-Eight Dollars ($73,788) without written approval of City's Manager. Extra Work may be authorized, as described below.

3.3.1.1 Adjustments. Beginning November 1, 2027, upon Contractor's request, Contractor's rates may be adjusted no more than once per year based on the percentage change in the Consumer Price Index-All Urban Consumers, All Items (Series ID# CUURS49CSA0), Riverside-San Bernardino-Ontario, CA area, for the twelve (12) month period January through January immediately preceding the adjustments. All such price adjustment requests shall be submitted by August 1st.The failure to submit price adjustment requests by August 1st shall waive the Contractor's right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on November 1st of the same year. In no event shall the adjustment exceed five percent (5%) in any single year.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by 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.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, - 11 -

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Upland City CouncilOctober 12, 2026

Upland City Council
October 12, 2026