Agenda packet — Montclair City Council, May 16, 2022 (part 2 of 3)

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 128 of 265 invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status reports, performance reports and grant files.

If the subrecipient is non-compliant with award requirements, the following actions will be taken: The County of San Bernardino will assist the subrecipient with the resolution of identified issues, a recommendation to the u.s. Department of Justice for a federal monitoring of the sub-award will be made, future payments will be withheld until all issues are resolved, and closer oversight of the subrecipient by San Bernardino County will be implemented.

Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant sub-award conditions will be accomplished. Separate records are maintained for each project to avoid commingling of project funds with other funds.

Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.

Grant funds legally obligated by the termination date must be expended within the timeframe specified within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be expended by the end of the project period.

Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the Grant Contract, Agreement, or Sub-Award Agreement.

Subrecipient Audits - Uniform Grant Guidance and OMB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the OMB Circular A-133 for federal awards made prior to December 26, 2014.

A single or program specific audit is required in any year that a @overnment expends 5750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub-award agreement, the Law and Justice Group will require the subrecipient to submit a copy ofthe audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholdin@ of funds.

Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency.

Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory recordstotheGrantsCoordinatorifrequested. Recordsshallberetainedforaperiodofthreeyearsfrom the date of the disposition or replacement or transfer at the discretion of the awarding agency. As

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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 129 of 265 equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency's guidelines.

Retention Period
Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whichever is later.

APPROVED BY:
'11 1!
G. Christopher Gardner, Chair
Law and Justice Group
June 1, 2020
Date

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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 130 of 265 .!'t, SanBernardinoCoun" 385 North Arrowhead Avenue
'-BERN ARDINO
COUNTY LawandlusticeGroup
909-387-5005
San Bernardino, CA 92415-0123 Grant
Sub-Award
PAGE 1 0F 25
SUBRECIPIENT NAME AND ADDRESS ilncluding Zip Code)
City of Montdair
5111 Benito Street, Pa Box 2308
Montdair, CA 91763-2808
AWARD NUMBER: 15PBJA-21-GG-01185-JAGX
SLIB-AWARD NUMBER: 15PBJA-21-GG-01185-JAGX-Montdair
SUBRECIPIENTIRS/VENDOR NO.
95-6005731
PROIECTPERIOD: FROM 10/01/2020 TO 09/30/2024
BuDGETPERIOD: FROM 10/01/2020 TO 09/30/2024
SUBRECIPIENT DUNS NO.
os-xgz-tigxg
AWARDDATE lO/08/2021

PREVIOUS AWARD AMOUNT SO

PROJECT TITLE
San Bernardino County and Disparate Jurisdictions 20211ustice Assistance Grant Projects
AMOUNT OF THIS AWARD S16,729
TOTALSuB-AWARD !)16,729

SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECTTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONTINU ATION SHEETS (PAGES 2-21), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERN ARDINO LAW AND JUSTICE GROUP (4 PAGES).

STATUTORY AUTHORITY FOR GRANT
ntle I of Flub. L. No. 90-351 (generally codified at 34 ll.S.C. 10151-10726), including subpart 1 of part E icodified at 34 u.s.c. 10151-10158); see also 28 u.s.c. 530C(a).

CATALOG OF DOMESTIC FEDERAL ASSISTANCE iCFDA Numberl

15.738 - Edward Byrne Memorial Justice Assistance Grant Pro(4ram [6'7.'_u.J,--,.:'_==fd -d -DME :;_.:=:.Z,-,,===Y, (.-i=.,::,( Lz-.;l,,...a..:,all:.z.__ll_,.:.a7..l_..,"' ;; *m& ffl---em w
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TYPED NAME AND TITLE OF APPROVING OFFICIAL
Robert Wickum, Chair
San Bernardino County Law and Justice Group

TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Edward C. Starr, City Manager
City of Montclair
SIGNATURE 00PPROVIN(;OFFICIAL
/ ) -?/ -,,)-/

SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL

DATE DATE
Agreement No. 22-39
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 131 of 265 Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 'Hi
Applicability of Part 200 Uniform Requirements
The Llniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or afier the acceptance date of this FY 2021 award.

For more information and resources on the Part 200 uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain-typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies-and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

Requirement to report actual or imminent breach of personally identifiable information (Pll) 2 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 132 of 265 The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) - - (1 ) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally IdentiTiable Imormation (Pll)" (2 CFR 200.1) within the scope of an OJP grantfunded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-I 30). The recipient's breach procedures must include a requirement to report actual or imminent breach of Pll to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2019, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants.

Successful completion of such a training on or after January 1, 2019, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

Safe policing and law enforcement subrecipients
If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process. To become certified, law enforcement agencies must meet two mandatory conditions:
(1 ) the agency's use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
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Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OV\/V, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly 3 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 133 of 265 address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
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Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements or the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the u.s. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements-whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period-may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 u.s.c. 1001 and/or 1621, and/or 34 u.s.c. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 u.s.c. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.

Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
4 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 134 of 265 Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code or Federal Regulations (currently accessible at https://www.ecFr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 'da
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.

Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. '@g
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.

Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
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Compliance with 41 u.s.c. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 u.s.c. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 u.s.c. 4712.

Should a question arise as to the applicability of the provisions of 41 u.s.c. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable 5 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 135 of 265 laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 'H'ia
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. '@'ia
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated-in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute-that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
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Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
6 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 136 of 265 If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient.

The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk,

3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
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Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work Tunded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
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Compliance with general appropriations-law restrictions on the use of federal funds (FY 2021 ) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
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Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this 7 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 137 of 265 award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
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Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) mustA. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 u.s.c. I 324a(a)(1 ).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-
(1 ) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 u.s.c. 1 324a(a)(1 ) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 u.s.c. 1 324a(a)(1 ).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and 8 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 138 of 265 use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any Federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 Ll.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipienta. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 9 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 139 of 265

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or botha. it represents that-
(1 ) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate Factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the u.s.

Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the u.s. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the u.s. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

OJP Training Guiding Principles
Any training or training materials that the recipient-or any subrecipient ("subgrantee") at any tier-develops or delivers with OJP award Funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.

All subawards ("subgrants") must have specific federal authorization 10 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 140 of 265 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that - for purposes of federal grants administrative requirements-OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
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Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to firsttier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:

System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
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Restrictions on "lobbying"
In general, as a matter of Federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 u.s.c. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 u.s.c. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to 11 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 141 of 265 contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
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Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that-for purposes of federal grants administrative requirements-OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. '@zg
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (For purposes or this condition) as "employees" or the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or O\/VS/, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-ofproject-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
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12 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 142 of 265 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (01G) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-(1 ) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-(l) online submission accessible via the 01G webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: u.s. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ 01G website at https://oig.justice.gov/hotline.

FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-(1 ) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
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Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ 01G for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 13 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 143 of 265 Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

Use of program income
Program income (as defined in the Part 200 Llniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
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Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gspgrantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 'd:ss
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction or BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 u.s.c. 10231 (c)-(d). The recipient may not satisfy such a fine with federal funds.
14 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 144 of 265 'Has
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
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Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements or 34 u.s.c. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
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Law enforcement task forces - required training
Within 120 days or award acceptance, each current member or a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
%;1 [Per OJP, this Special Condition only applies to State Administering Agencies.] "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
15 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 145 of 265 The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY201 7update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient Further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related Federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b, Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 1 00-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or Facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and 16 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 146 of 265 e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request From BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
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Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust Fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 's
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).

Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work.

The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
17 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 147 of 265 '@as
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 u.s.c. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
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Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-(1 ) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," iT and when the recipient makes a valid acceptance or this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
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If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
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Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks-including 18 u.s.c. 922 and 34 u.s.c. ch. 409-if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other 18 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 148 of 265 records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and-when appropriate-promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
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Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
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Certification of body armor "mandatory wear" policies
If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 'Oso
Body armor - compliance with NU standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NU Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the united States and must be uniquely fitted, as set forth in 34 u.s.c. 1 0202(c)(1 )(A). The latest NU standard information can be found here: https://nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx.
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Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531 (c)(5). 19 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 149 of 265 '@ss
BJA- JAG - Withholding of Funds for Application Attachment Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the required application attachment(s) and has issued an Award Condition Modification (ACM) releasing this award condition. 'dsv
BJA- JAG - Withholding of funds for budget documentation Withholding of funds: Budget narrative or information
The recipient may not expend or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and an Award Condition Modification has been issued to remove this condition. 'Osg
BJA- JAG - Withholding of Funds for Chief Executive Certification Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
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BJA- JAG - Withholding of Funds For MOU
Withholding of funds: Memorandum of Understanding
The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition.
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BJA- JAG Withholding for NIBRS 3 Percent set-aside DISPARATE Withholding of funds: NIBRS set-aside in Disparate jurisdictions The recipient may not expend or draw down any award funds until the recipient submits, and BJA reviews and accepts, documentation of compliance with the required NIBRS 3 percent set-aside by the recipient and each disparate subrecipient, and an Award Condition Modification has been issued to remove this condition. For each jurisdiction, including the recipient and disparate subrecipients, such documentation may be either (1 ) a budget that clearly documents that the jurisdiction has dedicated at least 3 percent of the total amount of their allocation to NIBRS compliance activities, or (2) documentation showing that the jurisdiction has been certified as NIBRS compliant. 20
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 150 of 265 '@si
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details or recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPllS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

Ihave read and understand the information presented in this section of the Federal Award Instrument.
21 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 151 of 265 JLILIJeLl§Jlelll IVRJllllUllllg rluLe(njje5 C s i k uyy:vii;i-i ll%* JIA J% y :&x ip: y i-ii j)iax J--% J - - ---q - q County of San Bernardino
Law and Justice Grouo t;60;;
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Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be prepared by the L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the sub-award documents. The Sub-Award Agreement will identify the federal award information and applicable compliance requirements, including applicable special conditions for each federal sub-award.

The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable Special Conditions for the sub-award. The L&JG"s Subrecipient Monitoring Procedures will be included in the Sub-Award Agreement.

Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget documentsfortheBoardofSupervisorsapproval. Oncethebudgetisestablished,theGrantCoordinator requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.

Timeframes for the drawdown requests will be accomplished in accordance with award requirements specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and received and reconciles the account.

Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate payment document. The payment document is reviewed and approved by the Chair of the L&JG. The ATC processes payments and disbursement of funds.

To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at the time of the disbursement of funds, the following steps will be followed:
* Thepaymentdocumentswillreferencethefederalawardnumber,CDFAnumber,andtheamount of federal funds.
* Correspondencewillbesenttosubrecipientsatthetimeofdisbursementidentifyingthepayment and detailing the required federal information.

Subrecipient Monitorin@ Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The recipientwillincludetheapplicableconditionsofthisawardinanysub-award. Therecipientisresponsible for the following:

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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 152 of 265 * Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes applicable conditions of the federal award.
* Evaluate each subrecipient"s risk of noncompliance with federal statutes, regulations and the terms and conditions of the sub-award for purposes of determining the appropriate subrecipient monitoring procedures.
* Oversightofsubrecipientspendingandmonitoringofspecificoutcomesandbenefitsattributable to the use of fu nds.
* Review financial and performance reports.
@ Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the pass-through entity detected through audits, on-site monitoring visits, and other means. * Issue a management decision for audit findings pertaining to the federal award provided to the subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision. * Verifythateverysubrecipientwhoisexpectedtoexpend5750,000ormoreisauditedasrequired by 2 CFR 200 Subpart F Audit Requirements.
* Consider whether the results of the subrecipient"s audits, on-site monitoring visits or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records.
h Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338 Remedies.

Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the u.s. Department of Justice or the County of San Bernardino. At that time, the identified subrecipient agency will be required to provide documentation supporting expenditures, and/or a physical review of items funded through the grant may be requested.

To ensure full compliance with this legislative mandate, all grant related documentation to include timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible for managing the sub-award, and the agency's chief executive.

If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained, the amount in question must be returned to the u.s. Department ofJustice. The subrecipient agency may also be deemed ineligible for future federal funding.

On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon performance and reported expenditure of funds. The monitoring will be based upon performance, trackedthroughreportsandregularcorrespondence. Thismethodwillensurethesubrecipientingreatest need for assistance in managing their award is provided the necessary tools to be in full compliance with u.s. Department ofJustice requirements.

If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. staff person responsible for managing the sub-award, the staff person operations, the chief executive of the subrecipient agency, involved in the oversight of grant funds will be asked to attend. requested for review.

The
assigned to managing fiscal
and any other applicable persons directly
Appropriate documentation will also be
During the monitoring, the following items will be reviewed and/or discussed:

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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 153 of 265 invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status reports, performance reports and grant files.

Project Accountin@ and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant sub-award conditions will be accomplished. Separate records are maintained for each project to avoid commingling of project funds with other funds.

Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.

Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the Grant Contract, Agreement, or Sub-Award Agreement.

A single or program specific audit is required in any year that a government expends !>750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no laterthan nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub-award agreement, the Law and Justice Group will require the subrecipient to submit a copy ofthe audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds.

Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinatorif requested. Records shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. As

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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 154 of 265 equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency"s guidelines.

APPROVED BY:
bC:;);hL G. Christopher Gardner, Chair
Law and Justice Group
June 1, 2020
Date

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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 155 of 265

CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: HSV030
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–41 WITH APPLEONE EMPLOYMENT SERVICES TO PROVIDE STAFFING SERVICES FOR THE MONTCLAIR AFTER–SCHOOL

PROGRAM
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–41 with AppleOne Employment Services to provide staffing services for the Montclair After–School Program (MAP). Agreement No. 22–41 is attached for the City Council’s review and consideration.

BACKGROUND: Since 1999, the Human Services Department has delivered after–school programs. MAP currently serves eleven school sites. The goal of MAP is to promote after– school enrichment to enhance children’s educational and learning capabilities. Funding for this program comes from the After–School Education and Safety (ASES) grants made available to local education authorities, such as Ontario–Montclair School District (OMSD), to provide communities with enhanced community–based school services in an effort to strengthen healthy child development.

It has become increasingly difficult to recruit staff for the program, with recent years proving to be the most challenging. The current City hiring process does not allow for the type of rapid hiring needed to fully staff MAP. The City of Montclair has partnered with AppleOne since 2019 and the Human Services Department would like to continue the partnership to recruit for After–School program staff. If approved, AppleOne will recruit MAP staff as needed and the City will only be required to pay for the number of recruitments that result in successful hires.

FISCAL IMPACT: If approved, this agreement would be funded with the Human Services Department’s existing Montclair After–School Program grant budget. The City will pay a flat fee of $2,250 per hire recruited by AppleOne through grant funds. The total amount of funding required is dependent on the number of staff hired.There will be no adverse impact to the City’s General Fund associated with the City Council’s approval of Agreement No. 22–41. The term of the agreement is from May 16, 2022 through May 3, 2024.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–41 with AppleOne Employment Services to provide staffing services for the Montclair After–School Program.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 156 of 265 THE ACT•1 GROUP
May 3, 2022
City of Montclair
5111 Benito Street
Montclair, CA 91763
The Actl Group of Companies OBA AppleOne Employment Services, appreciates the opportunity to lock in our rates with CITY OF MONTCLAIR. This letter will serve as written confirmation of rates being offered to CITY OF MONTCLAIR through our Temporary and Full Time/Direct Hire division. These reduced rates will be available to CITY OF MONTCLAIR until May 3, 2024.

TALENT ACQUISITION PROGRAM RATES:

FLAT FEE: $2250.00 WITH 45 DAY FREE REPLACEMENT:

This pricing is exclusively for After School Department 45 Calendar Days - Free Replacement or Full Refund:

Upon termination or resignation of the original candidate within the first 45 calendar days of employment, AppleOne will provide either a one-time free replacement for the same position or a full refund of the Direct Hire Fee paid for the original candidate. * Payment due upon receipt of invoice
Direct Hire Replacement Guarantees will be satisfied when AppleOne presents up to a maximum of five (5) replacement candidates to Client who AppleOne has determined meet the original job specifications of the original position. Once AppleOne has made those five (5) presentations, its obligations under the guarantee are met, whether the company/employer chooses to hire one of the candidates presented or not.

Direct Hire Guarantees are not available in the event of employee termination or resignation due to a relocation of place of employment, a significant change in compensation or other benefits of employment, unlawful conduct of the employer, harassment of the employee, or other conditions or events not in keeping with a professional and reasonable working environment.

Submitted fry The ACT•! Group Revision: 04/05/2017

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AGREEMENT NO. 22-41
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 157 of 265 Melissa Lira
Branch Manager
Javier John Dutrey
Mayor
City of Montclair
Melissa Lira, an experienced staffing professional from our AppleOne-Upland office has Melissa Lira will tour your facility to fully comprehend the culture and environment at MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 158 of 265

CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: FRD245
DEPT.: FIRE
PREPARER: T. DOWSER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–42 WITH CRAFTON HILLS COLLEGE

AUTHORIZING THE FIRE DEPARTMENT TO PROVIDE CLINICAL TRAINING FOR

EMERGENCY MEDICAL STUDENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–42 with Crafton Hills College authorizing the Fire Department to provide clinical training for emergency medical students. Proposed Agreement No. 22– 42 is attached for the City Council’s review and consideration.

BACKGROUND: As an agency with a paramedic program, the City has been approached with another opportunity to provide field training to emergency medical students.

Crafton Hills College has an established Emergency Medical Technician/Paramedic (EMT–P) Program and desires to contract with the Montclair Fire Department to provide field training to some of its EMT–P students.

Paramedics who satisfactorily complete the required training to become clinical preceptors may provide field training to EMT–P students/interns. The Fire Department currently has two paramedics who are certified as preceptors. The Fire Department is currently serving as a preceptor for a Mt. San Antonio College paramedic student and has determined that serving as a field–training agency continues to be beneficial to the City’s paramedic program.

As a field–training agency, the preceptors are obligated to practice and maintain advanced life–support skills. As a training agency, the City’s paramedic program continually receives updated advanced life–support information and practices changing medical protocols.

The term of proposed Agreement No. 22–42 is from December 16, 2021, through June 30, 2026.

FISCAL IMPACT: There would be no fiscal impact to the City of Montclair should the City Council approve proposed Agreement No. 22–42 with Crafton Hills College. There is no overtime associated with this program.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 42 with Crafton Hills College authorizing the Fire Department to provide clinical training for emergency medical students.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 159 of 265 AGREEMENT NO. 22-42

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AGREEMENT

EMERGENCY MEDICAL SERVICES

CLINICAL/FIELD INTERNSHIP
THIS AGREEMENT is made and entered into on December 16, 2021 by and between Montclair Fire Department hereinafter called the Agency and the San Bernardino Community College District (Crafton Hills College) hereinafter called the District.

PART I BASIS AND PURPOSE OF AGREEMENT
WITNESSETH:

WHEREAS, the District and Agency acknowledge a public obligation to contribute to Emergency Medical Services education for the benefit of students and to meet community needs;
WHEREAS, the District provides approved programs in Emergency Medical Services education which require clinical/field externship experience for students enrolled in these programs;
WHEREAS, the Agency has facilities suitable for the clinical/field externship needs of the District programs in Emergency Medical Services;
WHEREAS, it is to the benefit of both District and Agency that Emergency Medical Services students have opportunities for clinical/field externship experience to enhance their capabilities as practitioners;
NOW, THEREFORE, the District and Agency do covenant and agree as follows:

PART II GENERAL RESPONSIBILITIES AND PRIVILEGES OF THE

DISTRICT
A. For the Program in General

1. District is committed to the achievement of equal educational opportunity. Decisions related to admission, participation, student's employment, and financing will not be influenced by race, religion, sex, age, disability, or national origin.

2. The District assumes full responsibility for offering Emergency Medical Services education programs eligible for accreditation by any appropriate State Board involved.

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3. District faculty members may be invited by Agency to serve as voluntary resource persons to the Agency staff by serving on Emergency Medical Services committees, by sharing knowledge as clinical experts, and by participation in other matters dealing with the quality of patient care.

4. The District agrees to provide liability insurance for District employees while participating in activities relating to the instructional program.

5. Malpractice coverage for Emergency Medical Services students is, and throughout the term of the Agreement will be, carried by the individual student.

6. District will defend, hold harmless, and indemnify the Agency against all claims, demands, suits, judgments, expenses, and costs of any and every kind on account of the injury to or death of persons or loss of/or damage to property arising in any manner out of the performance of this Agreement.

B. For Program Planning

1. District will initiate the development of mutually acceptable clinical/field externship instruction plans for using the Agency's clinical/field externship areas to meet the educational goals of Emergency Medical Services curricula. These plans will be made available to the Agency at a mutually agreed upon time and subject to revision in instances of conflict with hospital patient care responsibilities or District interests.

C. For Clinical/Field Externship Instructors

1. District will provide faculty members who are both qualified and competent teachers and licensed health care practitioners for all academic areas.

2. District faculty will be responsible for learning and observing the regulations of both District and Agency as they apply to the circumstances of clinical/field externship teaching.

3. District has the privilege of regularly scheduled meetings at mutually agreed upon times at the Agency with Agency staff, including both selected personnel and administrative level representatives, for the purpose of interpreting, discussing, and evaluating the educational program involved.

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Page 3 of 6 ends

D. For Emergency Medical Services

1. District faculty shall be responsible for instructing in regard to patient and institution confidentiality.

2. District faculty shall inform the students that they must be able to provide a record of immunizations and physical examination, if requested.

3. Emergency Medical Services students shall have the status of students and shall not be considered to be Agency employees, nor shall they replace Agency staff. Clinical/field externship experience will be conducted as a laboratory learning experience.

4. Emergency Medical Services students are subject to the authority, policies, and regulations of the District. They are also subject, during clinical/field externship assignment, to applicable Agency regulations and must conform to the same standards as are set for Agency employees and other students and learners in matters relating to the welfare of patients and general Agency operation.

5. District will be responsible for assuring that the Emergency Medical Services students assigned to the Agency for clinical/field externship instruction comply with all applicable provisions of this Agreement and meet both District and Agency academic and clinical/field externship standards and rules and regulations of conduct.

PART III GENERAL RESPONSIBILITIES AND PRIVILEGES OF THE AGENCY
A. For the Program in General

1. Agency will maintain the standards which make it eligible for approval as a clinical/field externship area for instruction in Emergency Medical Services programs.

2. Agency staff may participate in the education program on request of the District. This may be as resource persons, clinical/field externship experts, or assistants in the planning and
implementation of aspects of clinical/field externship education.

Such participation shall be voluntary and shall not interfere with assigned Agency duties.

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3. Agency will designate a staff member who will function as Education Coordinator for Emergency Medical Services for education usage of the Agency facilities, including joint planning with representatives of all involved Emergency Medical Services programs.

4. Agency will permit the faculty and students of the District to use its patient service facilities for clinical/field externship education according to the approved curricula, provided they comply with all applicable rules and regulations of the Agency.

B. For Services and Facilities

1. Agency will permit use of the following facilities and services by District Emergency Medical Services students and faculty at such times and to the degrees considered feasible by the Agency:
a. Parking areas,
b. First aid treatment provided appropriate written consent is given,
c. Access to sources of information for educational purposes, such as:

1. Kardex files;

2. Procedure guides, policy manuals;

3. Medical dictionaries, pharmacology references, and
other references suitable to the clinical/field
externship area;

4. Books and periodicals in the Medical Library.

C. For Control of District Personnel

1. Agency may without notice or hearing refuse access to its clinical/field externship areas to Emergency Medical Services students or District faculty who do not meet its employee standards for safety, health, cooperation, or ethical behavior or any other applicable rules and regulations. An investigation and resolution of any such matter by the Agency and the District shall take place within sixty (60) days thereafter.

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PART IV JOINT RESPONSIBILITIES AND PRIVILEGES
A. For Publications

1. Publication by District faculty or Agency staff members of any material relative to their clinical/field externship experience that has not been approved for release by the District and Agency is prohibited.

B. Assurance of Non-Discrimination

2. The District and the Agency, in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and Section 505 of the Rehabilitation Act of 1973, do not discriminate on the basis of race, color, national origin, religion, sex, age, or handicap in any policies, procedures, or practices.

C. Liability Status of the Contracting Agencies

1. MONTCLAIR FIRE DEPARTMENT hereby agrees to save and hold harmless SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT and its department, agencies, officers, or employees from all sums which SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by MONTCLAIR FIRE DEPARTMENT and cause by any error,
omission or act of MONTCLAIR FIRE DEPARTMENT or any person employed by him or her or any others for whose acts MONTCLAIR FIRE DEPARTMENT is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney’s fees.

2. SAN BERNARDINO COMMUNITY COLLEGE DISTRICT hereby
agrees to save and hold harmless MONTCLAIR FIRE
DEPARTMENT and its department, agencies, officers, or employees from all sums which MONTCLAIR FIRE DEPARTMENT or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by SAN BERNARDINO COMMUNITY COLLEGE DISTRICT and cause by any error,
omission, or act of SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT or any person employed by him or her or any others for whose acts SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT is legally liable. Said sums shall include, in the event of MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 164 of 265 AGREEMENT NO. 22-42

Page 6 of 6 ends

legal action, court costs, expenses of litigation, and reasonable attorney’s fees.

PART V PERIOD OF AGREEMENT
A. This agreement shall be effective as of the date signed and shall continue in effect until terminated by written notice of either party not to exceed five years, terminating on June 30th of the fifth year. This agreement may be terminated by either party by written notice and may be terminated at any time:

1. Upon written mutual consent by the District and the Agency, or

2. In the event of any substantial default hereunder.

IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this agreement as of the last date written below.

APPROVED BY THE AGENCY APPROVED BY THE DISTRICT
Montclair Fire Department San Bernardino Community College District 8901 Monte Vista Ave. 550 E. Hospitality Lane #200
Montclair, CA 91763 San Bernardino, CA 92408
_____________________________ __________________________________ Steven Sutorus, Business Manager
_____________________________ __________________________________ Date Date

AGENCY CONTACT
_________________________________________
Name
_________________________________________
Title
_________________________________________
Address
_________________________________________
_________________________________________
Phone
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 165 of 265

CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: J. MICHEL
SUBJECT: CONSIDER AUTHORIZING THE POLICE DEPARTMENT TO CONTRACT WITH A

REPUTABLE MANUFACTURER FOR THE PURCHASE OF A TACTICAL ARMORED VEHICLE DEFINED AS MILITARY EQUIPMENT UNDER ASSEMBLY BILL 481 CONSIDER APPROVAL OF AGREEMENT NO. 22–43 WITH SAN BERNARDINO COUNTY

TO PROVIDE FUNDING FOR THE SOLE PURCHASE OF A TACTICAL ARMORED

VEHICLE, REQUIRED RADIO COMPONENTS AND INSTALLATION, AND GRAPHICS,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING RECEIPT OF $336,600 FROM SAN BERNARDINO COUNTY

FOR THE SOLE PURCHASE OF A TACTICAL ARMORED VEHICLE, REQUIRED RADIO

COMPONENTS AND INSTALLATION, AND GRAPHICS
REASON FOR CONSIDERATION: The Police Department’s Military Equipment Policy Section 707 and Montclair Ordinance No. 22–1000 were approved by the City Council on March 21, 2022. The Police Department currently possesses a tactical armored vehicle, a 1980 Cadillac Gage Peacekeeper, which is defined as military equipment and is in need of replacement. If approved by the City Council, the Department would receive funding from San Bernardino County to purchase a new tactical armored vehicle.

The City Council is requested to authorize the Police Department to contract with a reputable manufacturer for the purchase of a tactical armored vehicle defined as military equipment under AB 481; approve Agreement No. 22–43 with San Bernardino County to provide funding for the sole purchase of a tactical armored vehicle, required radio components and installation, and graphics, subject to any revisions deemed necessary by the City Attorney; and authorize the receipt of $336,600 from San Bernardino County for the sole purchase of a tactical armored vehicle, required radio components and installation, and graphics. Proposed Agreement No. 22–43 is attached for the City Council’s review and consideration.

BACKGROUND: The Police Department’s current armored vehicle, a 1980 Cadillac Gage Peacekeeper, was obtained in 2002 through the California State Agency for Surplus Property. This vehicle, built in 1980, was originally received in non–operable condition and was refurbished through donations from various local vendors. The lighting equipment on the vehicle is now over 15 years old; the door locks are obsolete, rendering the vehicle and any equipment inside unsecured; the air conditioning system is inoperable; and the vehicle has cooling issues causing it to overheat frequently. In addition, this armored vehicle cannot consistently idle and has stalled on numerous occasions, making it unreliable, which causes a significant challenge in the Police Department’s ability to prepare and effectively respond to a critical incident where the vehicle’s use would be warranted.

Over the years, the Department has relied on the use of its current armored vehicle to assist officers in meeting many of the challenges they face while serving the community, and in response to requests within San Bernardino County. Grant funding proposals for MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 166 of 265 a specialized armored vehicle were submitted to the Riverside Urban Area Security Initiative (UASI) Program in 2017, 2018, and 2019—none of which were successful.

Police Department Military Equipment Policy 707, Adopted Ordinance No. 22–1000, and Assembly Bill 481
The Police Department’s Military Equipment Policy Section 707 and Montclair Ordinance No. 22–1000 were approved by the City Council on March 21, 2022, and include a description of all military equipment currently used by the Police Department. This includes the Police Department’s Peacekeeper. AB 481, enacted under the Government Code commencing with Section 7070, defines the Police Department’s Peacekeeper as a “Category 2” armored personnel carrier.

The prospective tactical armored vehicle is categorized under Government Code 7070(c) as a “Category 2 and 3,” which reads in part:
“(2) Mine–resistant ambush–protected (MRAP) vehicles or armored personnel carriers…”
and
“(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one–half–ton trucks, five–ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached…”
An estimated cost of a tactical armored vehicle meeting the above criteria was obtained from a reputable manufacturer, Lenco Armored Vehicles. The Lenco BearCat is an armored vehicle built on a Ford F550 frame and is manufactured for law enforcement purposes. The purpose of the BearCat armored vehicle is to provide ballistic protection to officers and citizens from gunfire. The armored vehicle stops rifle–rated rounds including .50 caliber, available commercially, which exceed the protection level of handheld shields and personal body armor possessed by the Police Department. It would be used in response to critical incidents to enhance officer and community safety, to improve scene containment and stabilization, to assist in resolving critical incidents, and for display at community events. This type of vehicle has proven its effectiveness while deployed to many high–profile critical incidents by either shielding first responders from gunfire and/or by transporting those rescued to safe locations.

Request of Funding from San Bernardino County
On August 25, 2021, the Police Department submitted a request for procurement funding from San Bernardino County for the sole purchase of a tactical armored vehicle.

Additional costs for radio components and installation through Motorola were provided, including an estimate for the application of graphics. Procuring these funds to purchase a specialized armored vehicle would improve the Department’s capability to respond to volatile situations involving critical incidents and high–risk operations. Officers would be able to perform their duties safely and with confidence in a tactical armored vehicle that could easily traverse and respond to the affected area. With its capability to withstand high–powered projectiles and other weaponry, this vehicle would enable first responders to implement tactics to protect lives and infrastructure, which would not be possible otherwise. It would also be made available for regional needs and be deployed to surrounding jurisdictions when requested.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 167 of 265 On April 19, 2022, San Bernardino County provided a proposed contract (Agreement No. 22–43) which, if approved by the City Council, would fund the Police Department’s purchase of a tactical armored vehicle. Following final approval by the San Bernardino County Board of Supervisors, the City would receive a lump sum payment for the sole purchase of a tactical armored vehicle with required radio components and graphics.

Proposed Agreement No. 22–43 details the terms of funding provided by San Bernardino County, which has a completion date of May 9, 2024. This date is based on the estimated time it will take to complete and fully fund the acquisition of a tactical armored vehicle with radio component installation and applied graphics.

FISCAL IMPACT: If authorized by the City Council and approved by San Bernardino County, the City would receive a one–time payment in the amount of $336,600 for the sole purchase of a fully functional tactical armored vehicle, required radio components and installation, and graphics.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Authorize the Police Department to contract with a reputable manufacturer for the purchase of a tactical armored vehicle defined as military equipment under AB 481.

2. Approve Agreement No. 22–43 with San Bernardino County to provide funding for the sole purchase of a tactical armored vehicle, required radio components and installation, and graphics, subject to any revisions deemed necessary by the City Attorney.

3. Authorize the receipt of $336,600 from San Bernardino County for the sole purchase of a tactical armored vehicle, required radio components and installation, and graphics.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 168 of 265 Standard Contract Page 1 of 14

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Board of Supervisors
Department Contract Representative Sofia Almeida
Telephone Number 387-4919
Contractor City of Montclair
Contractor Representative Lieutenant James Michel
Telephone Number 909-626-8571
Contract Term 5/24/22-5/23/24
Original Contract Amount $336,600
Amendment Amount
Total Contract Amount $336,600
Cost Center 1024001000
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, San Bernardino County (County) desires to provide funding for the purchase of a tactical armored vehicle, including the purchase and installation of radio communications equipment and identifying graphics, to Contract Number
SAP Number
AGREEMENT NO. 22-43
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 169 of 265 Revised 06/16/2021 Page 2 of 14
be used for responding to incidents throughout the City of Montclair and San Bernardino County, to help provide for the health, public safety and law enforcement of County residents and first responders; and WHEREAS, the County would like the City of Montclair (Contractor) through its Police Department to provide these services; and
WHEREAS, the County finds Contractor qualified to purchase a tactical armored vehicle, including the purchase and installation of radio communications equipment and identifying graphics, to be used for responding to incidents throughout the City of Montclair and San Bernardino County; and WHEREAS, providing funding to Contractor serves the public purpose of providing for the health, public safety and law enforcement needs of County residents; and
WHEREAS, the County residents of Montclair and the surrounding communities of the Fourth District will be served by the purchase of the tactical armored vehicle and necessary equipment; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in purchasing a tactical armored vehicle, including the purchase and installation of radio communications equipment and identifying graphics, to meet the needs of the residents of Montclair and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to assist Contractor with purchasing a tactical armored vehicle including the purchase and installation of radio communications equipment and identifying graphics, to provide for the health, public safety and law enforcement needs of County residents and first responders. This vehicle will be used to respond to incidents throughout the City of Montclair and San Bernardino County, and surrounding jurisdictions for mutual-aid response, and will be able to withstand high-power projectiles and other weaponry, enabling first responders to implement tactics to save lives.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to onsite inspection of the City of Montclair - Montclair Police Department for the duration of this Contract.

Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 170 of 265 Revised 06/16/2021 Page 3 of 14
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

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County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Internship Initiative
Contractor agrees to be contacted by the County to solicit its participation in an internship initiative known as GenerationGo! Career Pathways, involving the potential placement and hiring of interns by Contractor’s business. Contractor is encouraged, and agrees to make good faith efforts, to utilize the County’s program to aid the County’s Vision for a skilled workforce and jobs that create countywide prosperity, and its goal to Create, Maintain and Grow Jobs and Economic Value in the County. The County’s objective with its internship initiative is to focus on training, education, employment and support services to develop a more highly-educated and trained workforce. When participating in the County’s internship initiative, the Contractor remains an independent contractor and shall not be construed as agents, officers, or employees of the County. More information about the County’s GenerationGo! Career Pathways Program can be located at http://wp.sbcounty.gov/workforce/career-pathways/.

C.13 County Representative
The Fourth District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.14 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C. 15 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

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Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.16 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.16.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.16.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.16.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.17 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.18 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.19 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 173 of 265 Revised 06/16/2021 Page 6 of 14
preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.20 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.21 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.22 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.23 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.24 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.25 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

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C.26 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.27 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.28 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.29 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.30 RESERVED.

C.31 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.32 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.33 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

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C.34 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.35 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.36 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.37 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

37.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

37.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

37.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C. 38 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.39 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

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Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.40 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.41 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.42 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.43 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.44 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 177 of 265 Revised 06/16/2021 Page 10 of 14
reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.45 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.46 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on May 24, 2022 and shall be completed by May 23, 2024 but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 178 of 265 Revised 06/16/2021 Page 11 of 14
b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $336,600, and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN.).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

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F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Insurance Requirements
County and Contractor are authorized self-insurance public entities for purposes of Professional Liability, General Liability, Automobile Liability, Workers’ Compensation and Property Damage and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the term, conditions or obligations of this Contract.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 180 of 265 Revised 06/16/2021 Page 13 of 14
three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Montclair
5111 Benito St.

PO Box 2308
Montclair, CA 91763
Attn: Lieutenant James Michel
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 181 of 265 Revised 06/16/2021 Page 14 of 14
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Julie Surber, Principal Assistant County
Counsel
Date Date Date

SAN BERNARDINO COUNTY CITY OF MONTCLAIR
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Javier John Dutrey
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 5111 Benito Street
Montclair, CA 91763
ATTEST
By
Name: Andrea Myrick
Title: City Clerk

APPROVED AS TO FORM
By
Name: Diane Robbins

Title: City Attorney
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 182 of 265

CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: HSV043
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–45 WITH SERVICEMASTER 360

PREMIER CLEANING TO PROVIDE CUSTODIAL SERVICES AT THE FAMILY RESOURCE

CENTER SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–45 with ServiceMaster 360 Premier Cleaning to provide custodial services for the Family Resource Center (FRC).

A copy of proposed Agreement No. 22–45 with ServiceMaster 360 Premier Cleaning is attached for City Council review and consideration.

BACKGROUND: The Montclair Community Collaborative (MCC) was organized in 1996 to collectively strengthen the community. The mission of MCC is "to guarantee a progressive quality community for all by working together as diverse, committed individuals and organizations."
Through the MCC partnership, Ontario–Montclair School District (OMSD) has used the FRC, located at 9916 Central Avenue, since 2011 to provide case management services, parenting classes, and counseling for OMSD students and their families. OMSD requested cleaning services at FRC; however, the City's current custodial staff is not able to take on this additional task at this time. Estimated overtime costs for City Staff to clean the FRC at one day per week for 12 months is $22,000; whereas, the cost of ServiceMaster 360 Premier Cleaning Service at five days per week is $20,706 per year.

FISCAL IMPACT: OMSD’s use of the FRC from July 1, 2022 through June 30, 2023 is on the current council agenda for consideration under Agreement No. 22–45. Funds received from OMSD through Agreement No. 22–45 will pay for the cleaning service at $1,725.51 per month, and there will be no impact to the City’s General Fund.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–45 with ServiceMaster 360 Premier Cleaning to provide custodial services at the Family Resource Center subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 183 of 265

JANITORIAL SERVICES

PROPOSAL
Respectfully Submitted to:

Alyssa Colunga
5111 Benito St. or
P.O. Box 2308
Montclair, CA
Phone: (909) 625-9459
[email protected]
Respectfully Submitted by:

Pete Santos Jr
ServiceMaster 360 Premier Cleaning
17096 Sequoia # 123
Hesperia, CA 92345
760-947-9962
Fax 760-948-4108
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 184 of 265 2 May 6, 2022
Alyssa Colunga
5111 Benito St or
P.O. Box 2308
Montclair, CA
Dear Alyssa,
Thank you for the opportunity to Re-submit this ServiceMaster Clean Proposal for Environmental services at your facilities located in Montclair California for the 2022-2023 year.

The following pages contain detailed exhibits for each segment of this proposal:

Description
• Task Schedule • Pricing Analysis • Agreement
It was great talking with you and discussing your facilities needs. I want to ensure you that with our service you will get an extraordinary clean and dependability. One of our top priorities is to maintain communication and quality.

We have plans and steps put into place to ensure your facility is being maintained properly. There will be monthly quality inspections and communication log on site. You will also have direct contact with me by phone day or night.

We fully understand the importance of having a quality individual to clean your facility.

All of our employees receive background checks and drug screening. Our number one concern is to provide a safe environment for your staff and our employees.

We also offer Emergency Service. What is your plan when a pipe burst flooding your facility, or your facility has smoke damage from a fire? ServiceMaster Clean can help you strategize a solution to ensure that your facility is back up and running in no time and also help to limit the damage to your facility and cost of repair. Please call me if you are interested in getting an Emergency Service Plan together.

Please look over the task schedule and let me know if there is anything else that might need to be added or changed. This task schedule will be place in the communication log on site to ensure that it is being followed.

I again, thank you for the opportunity to summit this proposal. We look forward to the opportunity to serve you. We are prepared to begin a partnership with your company that MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 185 of 265 3 will provide you with “the cleaning you expect and the service you deserve,” allowing you to focus your energy in your other areas of responsibility.

If you have any concerns or questions with the proposal, please call me.

Sincerely,
Pete Santos Jr
ServiceMaster 360 Premier Cleaning
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 186 of 265 4 COMMITMENT AND GUARANTEE
At ServiceMaster Clean, we are committed to providing you with excellent service that we guarantee it. Our 5-Point ServiceMaster Guarantee states:
➢ We will answer your call anytime, day or night
➢ We will respond to your service needs within 12 hours after receiving your call
➢ We will provide open communication on a daily basis
➢ We will perform all services as agreed upon in our contract ➢ We will show we care by our professional appearance and manner, and by the products and procedures we use.

STATEMENT OF CONFIDENTALITY
The data herein and any data accompanying this document or made available to Montclair human services department in connection with this request for proposal are confidential and proprietary to ServiceMaster Residential/Commercial Services LP (ServiceMaster 360 Premier Cleaning)
Disclosure to Customer is solely for the purpose of soliciting a Service Proposal or Contract from your company. The Customer shall treat the information contained in this document and all accompanying materials as confidential. Accordingly, the Customer shall not copy, distribute, or otherwise disclose the information contained in this document to any party other than its employees and advisors with a need to know in order to provide Customer with the information contained in this document.

Exception will be made where the information is available in the public domain through no breach of confidence by the Customer or where it is available from some source other than ServiceMaster Clean without a breach of confidentiality with Customer.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 187 of 265 5 CLEANING TASK SCHEDULE
Human Services Department City of Montclair
5111 Benito St 5x week service
Facility approx. 1,024 sq. ft.

Offices and General Areas
Empty Trash & spot Clean 5 x a Week
Spot Clean walls by trash can 5 x a Week
Dust Horizontal surfaces with vacuum dust wand 5 x a Week Dusting of Blinds 1x a Week
Spot Clean All doors, door jams and windowsills 5 x a Week Spot Clean Vents 5 x a Week
High Dust with wand 5 x a Week
Low dust with wand 5 x a Week
Vacuum wall to wall with sidewinder 5 x a Week
Vacuum Traffic Lanes 5 x a Week
Vacuum carpet mats 5 x a Week
Mop floor 5 x a Week
Inspect 5 x a Week
Restrooms
Sweep floor 5 x a Week
Refill dispensers When needed
Empty trash 5 x a Week
Clean mirrors 5 x a Week
Clean sinks 5 x a Week
Clean flushable 5 x a Week
Vacuum wall to wall with sidewinder 5 x a Week
Mop floor 5 x a Week
Inspect 5 x a Week
Wipe Down Walls 5 x a Week
Interior Windows
Clean 1x a Month
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 188 of 265 6 CLEANING TASK SCHEDULE
Human Services Department City of Montclair
9916 Central Ave 5x week service
Facility approx. 1,250 sq. ft.

Offices and General Areas
Empty Trash & spot Clean 5 x a Week
Spot Clean walls by trash can 5 x a Week
Dust Horizontal surfaces with vacuum dust wand 5 x a Week Dusting of Blinds 5 x a Week
Spot Clean All doors, door jams and windowsills 5 x a Week Spot Clean Vents 5 x a Week
High Dust with wand 5 x a Week
Low dust with wand 5 x a Week
Vacuum wall to wall with sidewinder 5 x a Week
Vacuum Traffic Lanes 5 x a Week
Vacuum carpet mats 5 x a Week
Mop Hard Surface flooring 5 x a Week
Inspect 5 x a Week
Restrooms
Sweep floor 5 x a Week
Refill dispensers When needed
Empty trash 5 x a Week
Clean mirrors 5 x a Week
Clean sinks 5 x a Week
Clean flushable 5 x a Week
Vacuum wall to wall with sidewinder 5 x a Week
Mop floor 5 x a Week
Inspect 5 x a Week
Wipe Down Walls 5 x a Week
Interior Windows
Clean 1x a Month
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 189 of 265 7 GENERAL CLEANING
ServiceMaster personnel will notify building contact of any irregularities such as defective plumbing, unlocked doors, and lights left on.

ServiceMaster personnel will turn off all lights except those to be left on, close windows and secure building
Daily review/check communication log
Monthly customer visit by Account Manager
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 190 of 265 8 SERVICEMASTER CLEAN PRICING
Human Services Department City of Montclair
Option #1
5 Days a week cleaning $1,725.51/Monthly
(2.5 hours allotted per Day
Mon-Friday)

FLOOR MAINTENANCE PROGRAM
Our prices included all labor, cleaning materials, equipment, taxes, insurance, and supervision necessary to perform contracted services. Services will be billed at the beginning of service agreement and are due 14 days after receiving invoice.

All paper products, trash container liners, and hand soaps are agreed by both parties to be supplied under the following terms: Customer Supplied or ServiceMaster Supplied A Certificate of Insurance will be provided upon request. This quote will expire on July 16, 2022.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 191 of 265 9 ServiceMaster Clean
Contract Cleaning Services Agreement
THIS AGREEMENT made this day 2022, by and between
ServiceMaster 360 Premier Cleaning (“ServiceMaster Clean”) and the City of Montclair (“City”).

Whereas, ServiceMaster conducts a janitorial service rendered on an individual basis in commercial facilities, office buildings, schools, stores and other locations, as an independent business licensed by ServiceMaster Residential/Commercial Services L.P., DBA ServiceMaster Clean (“Franchisor”) and not an agent or partner of its Franchisor.

Whereas, City desires ServiceMaster to supply contract-cleaning services to the properties commonly known as:

Human Services Department
City of Montclair
5111 Benito St. or
P.O. Box 2308
Montclair, CA 91763
NOW THEREFORE, the parties agree as follows:

1. Task Schedule. Beginning on ServiceMaster Clean
will provide contract cleaning services for the area to be serviced described in the “Task Schedules,” a true and accurate copy of which is attached to this agreement.

ServiceMaster Clean agrees that the janitorial services to be provided shall be conducted according to the guidelines agreed upon between the City and ServiceMaster Clean.

ServiceMaster Clean guarantees they will respond to service needs within (12) twelve hours after being contacted and will perform all services as agreed upon in the contact.

ServiceMaster Clean guarantees to maintain professional appearance and manner, and by the products and procedures used.

2. Personnel. All personnel furnished by ServiceMaster Clean are employees of ServiceMaster Clean, and ServiceMaster Clean will pay all salaries and expenses of, and all applicable federal and state taxes relating to, such personnel. For all purposes of this contract, ServiceMaster Clean will be considered an independent contractor of the City, and will not act as an agent, servant or employee of the City, or make any commitments or incur any obligations on behalf of the City without its express written consent. City may request the removal of any ServiceMaster Clean employee whose conduct is unsatisfactory to City.

3. Covenants. During the term of this agreement and for one (1) year thereafter, the City shall not directly or indirectly hire any person employed by ServiceMaster Clean. City shall not, at any time, disclose to a competitor any pricing or bid information designated as confidential by ServiceMaster Clean.

Initials: City
Initials: ServiceMaster Clean
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 192 of 265 10 4. Terms. The terms of the task schedule or of the price stated in paragraph 5, may be modified at any time by mutual execution of written change orders by the Parties on the form prescribed by the “Change Order” attached hereto. All executed change orders shall become part of this agreement. ServiceMaster Clean will give the City thirty (30) days prior notice of any price change for services rendered pursuant to the Task Schedule. City will notify ServiceMaster Clean of any changes in service times, any alterations to the furnishings, floor, wall or ceiling surfaces at the City premises, or any other change that affects the Task Schedule and consequently the contract price. This agreement shall continue in effect from the date services are to begin, for a period of Twelve months (12), last day of this contract will be June 30th at which point services will revert back to original contract pricing and task schedule unless terminated.

5. Payment. The City shall make payment to ServiceMaster Clean for services rendered at the rate of $1,725.51 per month. The First billing will be made on the first day services are rendered and shall be payable in fourteen (14) days. Subsequent billings and due dates will be net 15. City’s failure to pay the full amount due within thirty (30) days of any invoice shall, at the election of ServiceMaster Clean, be deemed to be a default and termination without notice by City. A late charge calculated at 1½ % per month will be charged to City on any overdue unpaid balance. City shall pay ServiceMaster Clean its costs and expenses, including reasonable attorney’s fees paid or incurred in enforcing terms of this Agreement.

6. Services. ServiceMaster Clean will perform all services required under this Agreement, except when prevented by strike, lockout, act of God, accident or other circumstances beyond its control.

7. Insurance. ServiceMaster Clean shall provide the insurance coverage set forth below and deliver to City certificates of insurance upon request.

8. “To the full extent permitted by Law, ServiceMaster Clean shall indemnify, defend and hold harmless City, and its employees, officials, and agents any liability, claims, actions, loss, expense or cost of any kind, including attorney fees, court cost and expert witness fees, arising out of the performance of this Agreement by ServiceMaster Clean, its officers, employees, agents or subcontractors.” Comprehensive Liability:

Bodily Injury Liability: $1,000,000.00 per person and $1,000,000.00 per occurrence. Property Damage Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregates Workers Compensation Coverage: $1,000,000.00 or as required by law. Bond: $10,000 per occurrence Initials: City
Initials: ServiceMaster Clean
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 193 of 265 11 9. Termination. This Agreement may be terminated by either party by giving thirty (30) days notice by certified mail, return receipt requested, addressed to the other party at the address indicated below. In the event thirty (30) days notice is not given, or if City is deemed to have terminated by default by failing to tender payment when due, or by City’s conduct, which makes ServiceMaster Cleans’ performance impossible (including a demand for the return of all City’s keys) then ServiceMaster Clean shall have no obligation to continue its performance, and City shall pay ServiceMaster Clean an amount equal to an additional thirty (30) days of billing as liquidated damages. This additional thirty (30) days of billing shall be calculated from a) the date upon which Contract Service are last performed; or b) the last date of the billing period during which any default or un proper termination occurs, whichever is later. *If ServiceMaster Clean breaches the terms of the task Schedule, for any reason deemed applicable by the City, the City may terminate ServiceMaster Clean Immediately.

10. This Agreement contains all of the convents between the parties, and may not be modified except in writing, signed by both parties
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written.

Client: Human Services Department
City of Montclair
Signed
Printed
Date
ServiceMaster Clean DBA:

ServiceMaster 360 Premier
Cleaning
Signed
Printed
Date
Javier John Dutrey, Mayor
ATTEST:
______________________________
Andrea Myrick, City Clerk
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 194 of 265

CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 9
FILE I.D.: HSV044
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–46 WITH ONTARIO–MONTCLAIR

SCHOOL DISTRICT FOR UTILIZATION OF THE FAMILY RESOURCE CENTER FOR CASE

MANAGEMENT SERVICES AND TO SUPPORT OPERATING COSTS OF THE FACILITY

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–46 with the Ontario–Montclair School District (OMSD) for utilization of the Family Resource Center (FRC) for case management services and to support operating costs of the facility.

A copy of proposed Agreement No. 22–46 with OMSD is attached for the City Council’s review and consideration.

Continuing the MCC partnership, OMSD has used the FRC located at 9916 Central Avenue since 2011 to provide case management services, parenting classes, and counseling for students and their families. Proposed Agreement No. 22–46 would continue OMSD’s use of the FRC and assist in paying for operation costs including utilities, maintenance, and cleaning.

FISCAL IMPACT: Should the City Council approve Agreement No. 22–46, OMSD will provide the City with $28,500 for operating costs including utilities, maintenance, and cleaning at the Family Resource Center from July 1, 2022 through June 30, 2023.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–46 with OMSD to utilize the Family Resource Center for case management services and to support operating costs of the facility subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 195 of 265 Agreement No. 22–46
O M S D A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s P a g e | 1

AGREEMENT FOR SERVICES

ONTARIO-MONTCLAIR SCHOOL DISTRICT
950 WEST "D" STREET  ONTARIO, CALIFORNIA 91762 (909) 459-2500

THIS AGREEMENT is made and entered into this 1st day of July 2022 by and between the OntarioMontclair School District, hereinafter referred to as the "DISTRICT," and City of Montclair, hereinafter referred to as the “CONSULTANT."

1. SERVICES TO BE PERFORMED BY CONSULTANT
a) CONSULTANT agrees to perform the following services on the dates and times herein stated in accordance with directions stipulated to by DISTRICT (provide attachment if necessary):

Services to be provided as stated on Appendix A in support of delivery of mental health services.
b) CONSULTANT may, at CONSULTANT’s own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement. DISTRICT will not train, control, direct, or supervise CONSULTANT’s assistants or employees in the performance of those services.
c) CONSULTANT is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CONSULTANT or any of CONSULTANT’s agents or employees. CONSULTANT assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. CONSULTANT, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees. d) If CONSULTANT is a regular employee of a public entity, all services which CONSULTANT renders under this Agreement will be performed at times other than CONSULTANT’s regular assigned work day for said entity or during periods of vacation or leave of absence from said entity, using CONSULTANT’s own resources.

2. COMPENSATION
a) Compensation for Services
Except as otherwise provided in this Agreement, DISTRICT agrees to compensate CONSULTANT for services rendered under this Agreement as follows:
$28,500.00 for the duration of this agreement.

Travel Expenses
DISTRICT will pay no additional amount for travel or other expenses of CONSULTANT under this Agreement unless specified below. Should travel or other expenses be specified below, CONSULTANT shall be entitled to the lesser amount of

1. The not to exceed amount stated, or
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2. The actual amount expended. Supporting documentation for the authorized travel or other expenses shall be attached to this Agreement.

NONE
Summary of Compensation
Services: $28,500.00
Travel Expense: NONE
Total contract amount not to exceed (services + travel) $28,500.00 b) If this Agreement is with an individual consultant, CONSULTANT shall notify the DISTRICT whether or not CONSULTANT is a retired member of the California State Teacher's Retirement System (STRS) or the California Public Employees Retirement System (PERS). c) DISTRICT will not withhold any federal or state income tax for payment made pursuant to this Agreement but, if applicable, will provide CONSULTANT with a statement of earnings at the end of each calendar year. CONSULTANT is hereby advised that such statement of earnings shall, if required, be provided to the Internal Revenue Service and the State Franchise Tax Board. d) Unless specified below, payment for services and travel shall be made by DISTRICT to CONSULTANT after services/travel has been completed and consultant submits documentation for payment (e.g. consultant invoice).

3. TERM OF AGREEMENT
The term of this Agreement is from July 1, 2022 through June 30, 2023, unless sooner terminated pursuant to the provisions of Section 6 of this Agreement. DISTRICT and CONSULTANT may mutually agree in writing to extend the term of this Agreement provided, however, DISTRICT shall not be obligated to pay CONSULTANT any additional consideration unless CONSULTANT undertakes additional services, in which instance the consideration shall be increased as DISTRICT and CONSULTANT shall agree in writing.

4. OBLIGATIONS OF CONSULTANT
a) During the term of this Agreement, CONSULTANT agrees to diligently prosecute the work specified in the "Services to be Performed by Consultant" to completion. CONSULTANT may represent, perform services for, and be employed by such additional clients, persons, or companies as CONSULTANT, in CONSULTANT’s sole discretion, sees fit.
b) CONSULTANT will provide all space, materials, tools, and instrumentalities required to perform the services under this Agreement at CONSULTANT’s expense, and shall not be entitled to reimbursement. CONSULTANT shall not be entitled to any benefits the DISTRICT may make available to its employees, including, but not limited to, office or business equipment, office space, supplies, group health, life insurance, vacation or retirement benefits. c) At all times during the term of this Agreement, CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT’s employees and agents as required by law. The policy shall include Employers’ Liability including Occupational Disease with limits not less than $1,000,000 per person per accident.
d) CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement.
e) CONSULTANT shall comply with the requirements of Education Code section 45125.1 with respect to fingerprinting of employees who may have any contact with the DISTRICT’s pupils if CONSULTANT provides any of the following services: school and classroom janitorial; school MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 197 of 265 O M S D A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s P a g e | 3
site administrative; school site grounds and landscape maintenance; pupil transportation; school site food-related; tutoring, mentoring services. If at any time during the term of this Agreement CONSULTANT is either notified by the Department of Justice or otherwise becomes aware that any employee of CONSULTANT performing services under this Agreement has been arrested or convicted of a violent or serious felony listed in Penal Code section 667.5(c) or Penal Code section 1192.7, respectively, CONSULTANT agrees immediately to notify the DISTRICT and remove said employee from performing services on this Agreement. CONSULTANT shall certify in writing to the DISTRICT that neither the CONSULTANT nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Education Code section 45122.1
f) CONSULTANT shall indemnify, pay for the defense of, and hold harmless DISTRICT and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of CONSULTANT’s negligent or willful acts and/or omissions in rendering any services hereunder, including but not limited to the negligent or willful acts and/or omissions of CONSULTANT’s employees and agents. CONSULTANT shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, workers' compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning CONSULTANT or any employee/agent of CONSULTANT and shall further indemnify, pay for the defense of, and hold harmless DISTRICT of and from any such payment or liability arising out of or in any manner connected with CONSULTANT’s performance under this Agreement.
g) During the entire term of this Agreement, CONSULTANT shall procure, pay for and keep in full force and effect the following types of insurance:

1. Comprehensive general liability insurance, including owned and non-owned automobile (vehicle) liability insurance with respect to the services provided by, or on behalf of, CONSULTANT under this Agreement. All insurance policies shall state the name of the insurance carrier and name DISTRICT as an additional insured. Liability insurance for death, bodily injury and property damage shall be for no less than One Million dollars ($1,000,000) per occurrence.

2. The policies of insurance described in Paragraph (g) l. above shall be carried with responsible and solvent insurance companies authorized to do business in the State of California. True and correct copies of all certificates of insurance reflecting the coverage required in Paragraph (g) 1. above are attached hereto. CONSULTANT agrees that it shall not cancel or change the coverage provided by the policies of insurance described in Paragraph (g) 1. above without first giving the DISTRICT’s Chief Business Official, thirty (30) days prior written notice. Should any such policy of insurance be canceled or changed, CONSULTANT agrees to immediately provide DISTRICT true and correct copies of all new or revised certificates of insurance. h) Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CONSULTANT without the prior written consent of DISTRICT.

5. OBLIGATIONS OF DISTRICT
a) DISTRICT agrees to comply with all reasonable requests by CONSULTANT and to provide access to all documents reasonably necessary for the performance of CONSULTANT’s duties under this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 198 of 265 O M S D A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s P a g e | 4
b) DISTRICT shall defend, indemnify and hold CONSULTANT and its Council Members, officers, employees, agents, and staff harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), claims from injury or damages arising out of the performance of or in connection with this agreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the improper conduct and/or negligence or intentional acts or omissions of DISTRICT, its officer, employees, agent, or staff.

6. TERMINATION OF AGREEMENT
a) Unless otherwise terminated as provided below, this Agreement shall continue in force during the term of the Agreement, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate. b) Should CONSULTANT default in the performance of this Agreement or breach any of its provisions, DISTRICT may terminate this Agreement by giving written notification to CONSULTANT.
c) If at any time during the performance of this Agreement DISTRICT determines, at its sole discretion, to suspend indefinitely or abandon the work under this Agreement, DISTRICT shall have the right to terminate the performance of CONSULTANT’s services hereunder by giving written notification to CONSULTANT of its intention to terminate. d) In the event that DISTRICT terminates this Agreement under paragraph (b) or (c) of this Section, CONSULTANT shall only be paid for those services rendered to the date of termination. All cash deposits made by DISTRICT to CONSULTANT, if any, shall be refundable to DISTRICT in full upon termination of this Agreement unless specified to the contrary below.

N/A

7. GENERAL PROVISIONS
a) Any notices to be given hereunder by either party to the other may be affected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.

Notices shall be deemed given and served upon delivery personally, or three (3) days after depositing in the United States Mail. Mailed notices shall be addressed to the parties at the addresses set forth in this Agreement for DISTRICT and CONSULTANT. The foregoing addresses may be changed by written notice to the other party as provided herein. b) This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing, signed by both parties, except DISTRICT may unilaterally amend the Agreement to accomplish the changes listed below:

1. Increase dollar amounts;

2. Administrative changes; and

3. Changes as required by law.

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c) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
d) This Agreement shall be governed by and construed in accordance with the laws of the State of California.
e) Pursuant to and in accordance with the provisions of Government Code Section 8546.7 or any amendments thereto, all books, records and files of DISTRICT, CONSULTANT, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the administration thereof, shall be subject to the examination and audit of the State Auditor General of the State of California, at the request of the DISTRICT or as a part of any audit of DISTRICT, for a period of three (3) years after final payment is made under this Agreement. CONSULTANT shall preserve and cause to be preserved such books, records and files for the audit period. f) CONSULTANT warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind it hereto. This Agreement shall not become binding upon the DISTRICT until it has been duly approved or ratified by the Board of Trustees.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
"DISTRICT" "CONSULTANT'
By:

Signature Signature
Phil Hillman
Printed Name Printed Name
Chief Business Official
Title Title
950 W D Street 5111 Benito St.

Address Address
Ontario, CA 91762 Montclair, CA 91763
City, State, Zip City, State, Zip
(909) 459-2500 (909) 625-8571
Telephone Number Telephone Number
ATTEST:

Signature
Date of Board of Trustees Approval Title
_________________________________
Date
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Certification of Compliance with California Education Code Section 45125.1 I hereby certify that all employees and representatives of CITY OF MONTCLAIR (“CONSULTANT”) who may come in contact with pupils and are required by California Education Code Section 45125.1 to submit or have their fingerprints submitted to the Department of Justice have now done so, that I have received and reviewed the report and that none of the foregoing have been convicted of a felony as defined in California Education Code Section 45122.1. The Ontario-Montclair School District is entitled to rely upon this representation. CONSULTANT hereby agrees to indemnify Ontario-Montclair School District for any and all claims, damages, suits and liability that arise out of, relate to or is associated with a failure of CONSULTANT to comply with California Education Code Section 45125.1 or with a failure to exercise reasonable care with respect to proper selection and/or supervision of CONSULTANT’s employees who may come in contact with pupils.
“CONSULTANT”
Signature
Javier John Dutrey
Printed Name
Mayor
Title
5111 Benito St.

Address
Montclair, CA 91763
City, State, Zip
(909) 625-8571
Telephone Number
ATTEST:

Signature
Andrea Myrick
Printed Name
City Clerk
Title
Date

END OF AGREEMENT FOR CONSULTANT SERVICES
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Appendix A
Ontario-Montclair Family Resource Center Network
City of Montclair Human Services Division and the Ontario-Montclair School District The County of San Bernardino Department of Behavioral Health’s Family Resource Center Program is part of the Prevention and Early Intervention component of the Mental Health Services Act. The Ontario-Montclair School District is serving as the lead fiscal agency for the Family Resource Center (FRC) program whose goal is to improve the overall mental health of families, youth, and adults by reducing stigma and providing community access to behavioral health prevention and early intervention services at the neighborhood level. This effort will be designated as the Ontario-Montclair Family Resource Center Network.

I. Purpose: The intent of this appendix is to 1) Document the existing partnership between City of Montclair Human Services Division (City) and the Ontario-Montclair School District (OMSD); 2) Establish the terms and conditions under which the City will provide leadership and oversight for the OntarioMontclair FRC Network; 3) Demonstrate City’s commitment to the project.

The City and OMSD were co-founders of the Montclair Community Collaborative in 1996 and since that time the City has been a core partner with OMSD on many projects. Improving the mental health outcomes for City residents in need would greatly contribute to the health of the community and mission and collaborative. City of Montclair children, youth, families, and older adults would greatly benefit from prevention efforts and accessible nearby mental health services since there are no public or nonprofit mental health agencies located in the community.

The City has facilitated the community-health education program, Por La Vida, since 1997. Por La Vita now has an extensive network of Latinas in the community who disseminate health information at the grassroots level by teaching classes and who serve as leaders who network with neighbors and other community members.

The City offers a full range of services from early childhood education to senior services and offers evening and Saturday hours for many services. In additional to traditional recreation programs, the City has operated a free and low-cost medical clinic for children and adults without access to health care for over 30 years. Many of the clinic clients are working poor who do not qualify for government coverage.

The City serves over 100 seniors a day through its lunch meal program at the City’s Senior Center. Older adults also participate in social activity groups, arts and crafts, health fairs, and other support services at the Center.

The City operates after school programs at all elementary and middle school and summer recreation programs. Many of the City’s recreation participants are in the Transitional Age Youth range (between the ages of 16-25 years old), and would benefit from the proposed Family Resource Center.

The City is fully committed to being a partner in OMSD’s ongoing operation of its FRCs as “on-stop” centers and regional network of partners to reduce stigma and help increase access to mental health supports for trauma exposed individuals, individuals experiencing onset of serious psychiatric illness, children and transitional age youth (TAY) in stressed families, children and TAY at risk of school failure, and children and TAY at risk of or experiencing involvement with the juvenile justice system.

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II. Responsibilities: The City will make client referrals to community counseling services and other FRC resources for residents needing supports in a community setting. The City will:
 Disseminate mental wellness and stigma reduction information through Por La Vida Promotoras (Leaders) and promote FRC partner community mental health workshops to residents.  Make referrals to FRC services through the City Medical Clinic and have staff and volunteers participate in stigma reduction and cultural competency related mental health trainings.  Make referrals to FRC services for seniors at the Montclair Senior Center.  Disseminate mental wellness and stigma reduction information at the youth Activity center, make referrals to FRC services for youth through the Center, and support the FRC community/service learning projects.
 Provide the City’s Central Avenue facility as a Family Resource Center for mental health resource services, case management, community counseling, parent education, and community mental health workshops.
 Through a subcontract of $9,000 per year the City of Montclair will provide access to the City owned FRC on Central Avenue. It is understood that any subcontracting agency will be approved by the County of San Bernardino Department of Behavioral Health (DBH), and shall be subject to all applicable provisions of the contract between OMSD and DBH, and that OMSD will be fully responsible for any performance of this subcontracting agency.

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City of Montclair
Subcontractor Budget FY 2022-2023
San Bernardino Department of Behavioral Health
Prevention and Early Intervention Family Resource Center CATEGORY Expenses
Janitorial/Custodial Services $ 20,706.00
Utilities/Internet/Security $ 7,794.00

Total Operating
Expenses
$ 28,500.00
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CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: FRD245
DEPT.: FIRE
PREPARER: T. DOWSER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–48 WITH MT. SAN ANTONIO COLLEGE

AUTHORIZING THE FIRE DEPARTMENT TO PROVIDE CLINICAL TRAINING FOR

EMERGENCY MEDICAL STUDENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–48 with Mt. San Antonio College authorizing the Fire Department to provide clinical training for emergency medical students. Proposed Agreement No. 22– 48 is attached for the City Council’s review and consideration.

BACKGROUND: As an agency with a paramedic program, the City has been approached with another opportunity to provide field training to emergency medical students. Mt.

San Antonio College has an established Emergency Medical Technician/Paramedic (EMT– P) Program and desires to contract with the Montclair Fire Department to provide field training to some of its EMT–P students.

Paramedics who satisfactorily complete the required training to become clinical preceptors may provide field training to EMT–P students/interns. The Fire Department currently has two paramedics who are certified as preceptors. The Fire Department is currently serving as a preceptor for a Mt. San Antonio College paramedic student under a previous agreement and has determined that serving as a field–training agency continues to be beneficial to the City’s paramedic program.

The term of proposed Agreement No. 22–48 is from May 31, 2022, through May 31, 2024.

FISCAL IMPACT: There would be no fiscal impact to the City of Montclair should the City Council approve proposed Agreement No. 22–48 with Mt. San Antonio College.

There is no overtime associated with this program.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 48 with Mt. San Antonio College authorizing the Fire Department to provide clinical training for emergency medical students.

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AFFILIATION

AGREEMENT BETWEEN
MT. SAN ANTONIO COLLEGE
AND
Montclair Fire Department
THIS AFFILIATION AGREEMENT is made and entered into by and between MT. SAN ANTONIO COLLEGE (hereinafter referred to as “Program”), 1100 N. Grand Avenue, Walnut, CA 91789, and Montclair Fire Department (hereinafter referred to as “Affiliate”), with reference to the following facts:

RECITALS:

WHEREAS, Program conducts training and instruction programs for students leading to certification and licensure as EMT-Paramedics in the State of California (hereinafter collectively referred to as “Trainees”); and WHEREAS, said training requires a 480-hour internship for Trainees to obtain broader clinical learning experiences in a location providing primary 911 service; and WHEREAS, Affiliate maintains facilities which can be used to furnish clinical experience to Trainees and is an approved emergency medical services provider, and Affiliate desires to have their facilities so used; and WHEREAS, it is in the mutual interest and benefit of the parties that Trainees obtain their clinical experience at Affiliate’s facilities.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth below, the parties agree as follows:

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I. RESPONSIBILITIES OF PROGRAM. Program agrees that it shall:

A. Establish the educational goals and objectives of the paramedic education program in a manner consistent with the standards and requirements set forth by Affiliate. Such goals and objectives shall reflect Program’s commitment to providing education and training programs to Trainees.

B. Designate a member of Program’s staff to provide coordination, oversight and direction of Trainee’s educational activities and assignments during the field internship with Affiliate. Such person shall be the Clinical Coordinator and shall also act as liaison with Affiliate.

C. Provide each Trainee with a pre-assigned health assessment, which shall include a history of immunizations, proof of Hepatitis B vaccination or immunization, proof of MMR vaccination, proof of negative TB test, and proof of varicella titer.

D. Educate trainees regarding compliance with all required OSHA regulations including, but not limited to, Blood-borne Pathogen Standards.

E. Furnish each Trainee with a clinical experience manual or materials that describe the goals, policies, and procedures of the Program. Affiliate shall have the opportunity to review and comment on these materials.

F. Development and implement a mechanism for determining evaluation of the performance of Trainees to include, where appropriate, input from Affiliate.

G. Maintain records and reports concerning the education of Trainees, which shall include the Trainee’s licensure/certification, pre-assignment health assessment record, and history of immunizations.

H. Maintain medical malpractice insurance for Trainees during the field internship with Affiliate.

I. Program recognizes that Trainees are NOT covered by Affiliate’s Workers’ Compensation Insurance or Self-Insured Program. Program represents and warrants that it will maintain or ensure that its Trainees are covered under Program’s Workers’ Compensation Insurance should any Trainee be injured or become ill during their clinical internship. Program will provide Affiliate with a written verification of insurance coverage in the form of a certificate of insurance prior to the commencement of the program.

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J. Require assigned Trainees to:

1. Comply with Affiliate’s applicable policies, procedures and guidelines, and applicable state and federal laws and regulations, including those concerning the confidentiality of patient care and patient care records; and

2. Have all required personal protective equipment including, but not limited to, safety goggles and an appropriate uniform.

II. RESPONSIBILITIES OF AFFILIATE. Affiliate agrees that it shall:

A. Maintain adequate staff and equipment to meet the educational goals and objectives of the Program in a manner consistent with the standards and requirements established by Program and Affiliate.

B. Assign each Trainee a preceptor with appropriate training and experience to supervise the Trainee during each clinical assignment. The preceptor shall monitor the Trainee’s progress and evaluate the Trainee at the end of each shift on forms provided by the Program.

C. Designate, after consultation with Program, a person to coordinate Trainees’ schedules and activities while working with Affiliate. Such person shall be the Program Coordinator and shall act as liaison with Program. The name of Affiliate’s Program Coordinator shall be provided to Program’s Clinical Coordinator.

D. Implement schedules for Trainees in conjunction with the Clinical Coordinator and in accordance with Program’s educational goals and objectives. Affiliate shall determine the number of Trainees permitted to rotate through the field internship. Affiliate must ensure that Trainees are provided appropriate supervision. Trainees are not to be used to replace staff of Affiliate and Affiliate is ultimately responsible for patient care.

E. Protect the health and safety of Trainees on rotation with Affiliate by providing each Trainee with the following:

1. A brief orientation of the clinical area where Trainee will be working, and information about Affiliate’s security measures, fire safety and disaster protocols, and any additional recommended personnel safety and security precautions;
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2. Instruction in Affiliate’s policies and procedures for infection control, including the handling and disposal of needles and other sharp objects, and in Affiliate’s protocols for on-the-job injuries, including those resulting from needlestick injuries and other exposures to blood or body fluids or airborne contaminants;

3. First aid and other emergency treatment on-site, including, but not limited to, immediate evaluation for risk of infection and appropriate follow-up care of Trainee in the event of a needlestick injury to or other exposure of Trainee to blood or body fluids or airborne contaminants. In the case of suspected or confirmed exposure to the human immunodeficiency virus (HIV) or hepatitis, such followup care shall be consistent with the current guidelines of the Centers for Disease Control (“CDC”) and the community’s standard of care. Information regarding the CDC may be obtained by calling (800-342-2437). The initial care and administration of testing and prophylactic therapy shall be paid for by Program.

4. Access to any of Affiliate’s applicable reference materials.

F. Maintain its approval as an emergency medical service provider and comply with all applicable laws, regulations, and Program requirements.

Affiliate shall notify Program within five days of receipt of notice that Affiliate is not in compliance with any such laws, regulations, or Program requirements.

G. Permit inspection of its clinical and related facilities by the Clinical Coordinator or other Program faculty and staff to evaluate Trainee performance.

H. With respect to any professional services performed by Trainees under this Agreement, Affiliate agrees to inform Program and its Clinical Coordinator as follows:

1. Immediately upon initiation of an investigation into the conduct of a Trainee;

2. Within five days after receipt of service of a complaint, summons or notice of a claim naming a Trainee; or
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3. Prior to making or accepting a settlement offer in any lawsuit or legal claim in which a Trainee has been named or in which a settlement is being proposed on their behalf.

III. DISCRIMINATION – PROHIBITION.

Program and Affiliate agree not to discriminate in the selection or acceptance of any Trainee pursuant to this Agreement because of race, color, national origin, religion, sex, sexual orientation, mental or physical disability, age, veteran’s status, medical condition (cancer related) as defined in section 12926 of the California Government Code, ancestry, marital status, or citizenship, within the limits imposed by law or Program policy.

IV. TERM.

This Agreement shall commence on May 31, 2022 and terminate on May 31, 2024
V. TERMINATION.

Notwithstanding any other provisions to the contrary, this Agreement may be terminated with or without cause at any time by either party upon ninety (90) days’ prior written notice to the other party or upon completion of the rotations of all currently enrolled trainees.

VI. INSURANCE.

A. As a condition precedent to the effectiveness of this Agreement, Program shall maintain insurance or self-insure its activities in connection with this Agreement by maintaining programs of self-insurance as follows:

1. Professional Medical Liability self-insurance with limits of one million dollars ($1,000,000) per occurrence, with no annual aggregate limit.

If such insurance is written on a claims-made form, it shall continue for five years following termination of this Agreement. The insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement and a deductible of no more than five hundred thousand dollars ($500,000). If a claims-made policy is MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 210 of 265 AGREEMENT NO. 22-48

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canceled or non-renewed, then the Affiliate shall obtain extended reporting (tail) coverage for the remainder of the five (5) year period.

2. General Liability Self-Insurance Program with a limit of one million dollars ($1,000,000) per occurrence and no annual aggregate limit.

If such insurance is written on a claims-made form, it shall continue for three years following termination of this Agreement. The insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement.

3. Workers’ Compensation Self-Insurance Program covering Program’s full liability as required by law under the Workers’ Compensation Insurance and Safety Act of the State of California as amended from time to time.

4. Such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of the parties against other insurable risks relating to performance.

It should be expressly understood, however, that the coverages required under this Section VI.A.1 and 2 shall not in any way limit the liability of the Program.

The coverages referred to under paragraph 2 of this Section VI.A. shall include Affiliate as an additional named insured. Such a provision, however, shall only apply in proportion to and to the extent of the negligent acts or omissions of Program, its officers, agents, Trainees, and/or employees. Program, upon the execution of this Agreement, shall furnish Affiliate with Certificates of Self-Insurance evidencing compliance with all requirements. Certificates shall further provide for thirty (30) days’ advance written notice to Affiliate of any modification, change or cancellation of any of the above self-insurance coverages.

VII. INDEMNIFICATION.

A. Affiliate shall defend, indemnify and hold Program, its officers, employees, Board, volunteers, agents, and Trainees harmless from and against any and all liabilities, losses, expenses (including reasonable attorneys’ fees), damages, actions, or claims for injury arising out of the MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 211 of 265 AGREEMENT NO. 22-48

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performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, damage, action, or claim for injury are caused by or result from the negligent or intentional acts or omissions of Affiliate, its officers, employees, or agents.

B. Program shall defend, indemnify and hold Affiliate, its officers, employees, Board, volunteers, and agents harmless from and against any and all liabilities, losses, expenses (including reasonable attorneys’ fees), damages, actions, or claims for injury arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, damage, action, or claim for injury are caused by or result from the negligent or intentional acts or omissions of Program, its officers, employees, Board, volunteers, agents, or Trainees.

VIII. COOPERATION IN DISPOSITION OF CLAIMS.

Affiliate and Program agree to cooperate with each other in the timely investigation and disposition of audits, peer review matters, disciplinary actions and third-party liability claims arising out of any services provided under this Agreement or in the operation of the Program. The parties shall notify one another as soon as possible of any adverse event which may result in liability to the other party. It is the intention of the parties to fully cooperate in the disposition of all such audits, actions or claims. Such cooperation may include, but is not limited to, timely notice, joint investigation, defense, disposition of claims of third parties arising from services performed under this Agreement and making witnesses available. Program shall be responsible for discipline of Trainees in accordance with Program’s applicable policies and procedures.

To the extent allowed by law, Affiliate and program shall have reasonable and timely access to the medical records, charts, and/or quality assurance data of the other party relating to any claim or investigation related to services provided pursuant to this Agreement; provided, however, that nothing shall require either Affiliate or Program to disclose any peer review documents, records or communications which are privileged under Section 1157 of the California Evidence Code, under the Attorney-Client Privilege or under the Attorney Work-Product Privilege.

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IX. PATIENT RECORDS.

Any and all of Affiliate’s medical records and charts created at Affiliate’s facilities as a result of performance under this Agreement shall be and shall remain the property of Affiliate. Both during and after the term of this Agreement, Program shall be permitted to inspect and/or duplicate, at Program’s expense, any individual charts or records which are: (1) necessary to assist in the defense of any malpractice or similar claim; (2) relevant to any disciplinary action; and/or (3) for educational or research purposes. Such inspection and/or duplication shall be permitted and conducted pursuant to commonly accepted standards of patient confidentiality in accordance with applicable federal, state, and local laws.

X. INTERRUPTION OF SERVICE.

Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, labor disputes, riots, earthquakes, or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. In the event the interruption of a party’s services continues for a period in excess of thirty (30) days, the other party shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to the other party.

XI. ATTORNEYS’ FEES.

Except as expressly provided for in this Agreement, or as authorized by law, neither the District nor the Contractor shall recover from the other any attorneys’ fees or other costs associated with or arising out of any legal, administrative or other proceedings filed or instituted in connection with or arising out of this Agreement or the performance of either the District or the Contractor thereunder.

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XII. ASSIGNMENT.

Neither Affiliate nor Program shall assign their rights, duties, or obligations under this Agreement, either in whole or in part, without the prior written consent of the other.

XIII. SEVERABILITY.

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never been a part of the Agreement, and the remaining provisions shall remain in full force and effective unaffected by such severance, provided that the severed provision(s) are not material to the overall purpose and operation of this Agreement.

XIV. WAIVER.

Waiver by either party of any breach of any provision of this Agreement or warranty of representation herein set forth shall not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right hereunder shall not operate as a waiver of such right. All rights and remedies provided for herein are cumulative.

XV. EXHIBITS.

Any and all exhibits attached hereto are incorporated herein by reference and made a part of this Agreement.

XVI. MODIFICATIONS AND AMENDMENTS.

This agreement may be amended or modified at any time by mutual written consent of the authorized representatives of both parties. Affiliate and Program agree to amend this Agreement to the extent amendment is required by an applicable regulatory authority and the amendment does not materially affect the provisions of this Agreement.

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XVII. USE OF NAME.

Neither party shall use the name of the other, including the name of Mt. San Antonio College, without the prior written consent of an authorized representative of the party.

XVIII. ENTIRE AGREEMENT.

This Agreement contains all the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement and supersedes any prior agreements, oral or written, and all other communications between the parties relating to such subject matter.

XIX. GOVERNING LAW.

This Agreement shall be governed in all respects by the laws of the State of California.

XX. NOTICES.

All notices required under this Agreement shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage paid, certified mail, return receipt requested, and addressed as follows:

TO PROGRAM: Mt. San Antonio College
1100 N. Grand Avenue
Walnut, CA 91789
Attn: Sam Agdasi
Dean, Technology & Health Division
TO AFFILIATE: Montclair Fire Department
8901 Monte Vista Ave.

Montclair, Ca. 91763
Attn: Deputy Chief David Pohl
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The parties have executed this Agreement as set forth below.

MT. SAN ANTONIO COLLEGE
By:

Name: Irene Malmgren, Ed.D.

Date:

Title: Acting Vice President, Instruction
By: Date:

Name: Sam Agdasi
Title: Dean, Technology & Health Division
Montclair Fire Department
By: Date:

Name: Javier John Dutrey
Title: Mayor
Attest:

By: Date:

Name: Andrea Myrick
Title: City Clerk
(paramedic agreement.docx 052019 )
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CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 11
FILE I.D.: LDU325
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–49 WITH 5060 MONTCLAIR PLAZA

LANE OWNER, LLC, A REIMBURSEMENT AGREEMENT RELATED TO THE

DEVELOPMENT OF PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER

OF CENTRAL AVENUE AND MORENO STREET SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The Montclair Place District Specific Plan (MPDSP) calls for architectural review of all proposed development projects within the boundaries of the specific plan by the City’s architectural and land use consultant. In addition, all proposed development projects within the boundaries of the Specific Plan require that developers enter into a reimbursement agreement with the City of Montclair pertaining to peer review, legal review, environmental review etc. This implementation efforts within the MPDSP ensures new developments have a limited negative impact on the City’s General Fund and positively enhance quality–of–life issues in the community.

Staff was recently approached by 5060 Montclair Plaza Lane Owner, LLC (CIM Group) regarding the development of a site on their property pursuant to the intent of the Specific Plan. In order to contemplate the development of the proposed site to the standards set in the MPDSP, the project will need to comply with the Specific Plan and require related compliance and architectural review by the City’s Architectural Consultant.

A copy of proposed Agreement No. 22–49 with Montclair Plaza Lane Owner, LLC is attached for City Council review and consideration.

BACKGROUND: CIM Group is considering the development of property generally located at the southwest corner of Central Avenue and Moreno Street. The property consists of an area of approximately seven gross acres in size. The property is located within the boundaries of the Montclair Place District Specific Plan (MPDSP) approved by the City Council on October 5, 2020, pursuant to Ordinance No. 20–992. CIM Group will develop the site in accordance with the provisions of the MPDSP. The project will consist of construction of approximately 500 residential units and 40,000 square feet of commercial space.

Proposed Agreement No. 22–49 will require CIM Group to reimburse the City for certain costs incurred by the City associated with the development of the proposed project site in accordance with the MPDSP. CIM Group has agreed to enter into the reimbursement agreement with the City for costs and expenses related to environmental review by Dudek, legal advice and review by Best Best & Krieger (BBK), formation of a communities facilities district (CFD) by David Taussig & Associates Inc. (DTA), and planning and architectural review by Moule & Polyzoides (M&P). Requiring developers to cover costs to the City under reimbursement agreements ensures that the City has the necessary resources to diligently and efficiently process certain conditions related to the projects.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 217 of 265 In order for CIM Group to begin utilizing the services of the City’s consultants, Dudek, BBK, DTA, and M&P, it is necessary for the City to enter into reimbursement agreement with the developer. Proposed Agreement No. 22–49 contains the terms of the CIM Group’s reimbursement of certain City–incurred costs associated with environmental review, legal advice and review, formation of a CFD, and architectural and design review of the proposed project as well as scope of work to be completed by the City’s consultants. A synopsis of the proposed agreements include the following points:
 The consultants would be contractors exclusively of the City and not of the developer.

The work products produced by the consultants, subject to financial reimbursement by the developer, would be photocopied for information to the developers, unless that work would be considered privileged or confidential under law.  The City will retain the services of Dudek to prepare documentation in compliance with California Environmental Quality Act (CEQA). Dudek proposes to prepare a CEQA Section 15162 Consistency Evaluation (15162 Consistency Evaluation) for the proposed project that would determine if conditions specified in the CEQA Guidelines Section 15162 would require preparation of additional CEQA review for the proposed project. The 15162 Consistency Evaluation would also determine if the proposed project is consistent with the analysis in the Montclair Place District Specific Plan (MPDSP) Final Environmental Impact Report (EIR). The estimated total cost associated with the environmental review is approximately $20,360 for the project.  The City will retain the services of BBK to provide legal services related to (1) documents, advice, and review for creation of CFDs; (2) provide documents, advice and review regarding the development process for the proposed projects, including compliance with the CEQA; and, (3) advice and/or review of Operating Agreements, Covenants, Conditions and Restrictions, Parking Management Agreements and/or other documents that may be needed for the project. The estimated total costs associated with legal review and advice are approximately $75,000 for the project.  The City will retain the services of DTA related to the formation of the CFDs to finance certain annual services related to maintenance costs and public safety costs and to provide administrative overview for the projects. The estimated total costs associated with formation of a CFD is approximately $35,000 for the project.  The City will retain the services of M&P for architectural and design review. M&P will review the site plan submitted for conformance with the MPDSP and prepare a conceptual parti–sketch that conveys the intent of the MPDSP and the City’s expectations. M&P will also participate in a meeting with CIM Group and their architect to provide feedback and suggestions. M&P will share the design suggestions with City staff for input and to confirm the proposed design direction. M&P will review the follow–up site plan and meet with CIM Group and their architect to provide comments and final direction. The estimated total cost associated with the architectural and design review is approximately $26,430 for the project.  The City would not exceed the estimated $156,790 of costs for the project without first informing the developer in writing regarding the need for additional services.

The City would be required to provide the developer with appropriate documentation of the reason for the excess costs so the developer may reasonably evaluate such costs. The City would also be required to inform the developer in writing prior to amending the scope of work to be conducted by the consultant. Once the City has provided such notice to the developer, the developer would be obligated to pay the MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 218 of 265 excess cost in the same manner as the estimated costs. However, if the developer objects to the excess costs, the developer must provide the City with a written objection no later than five days after receipt of the City’s written notice. The City and developer would communicate in an attempt to resolve the objection. If the parties are unable to resolve the objection, the developer will have the sole and exclusive right to terminate the agreement and reimburse the City for all costs incurred to the date of termination.
 The City would be required to maintain accurate records of invoices received from, and payments made to, the consultants. The City would be required to provide a payment summary to the developer within a reasonable time upon request.  The term of the Agreements would commence on May 16, 2022, and would terminate once all services required for the projects by the consultants have been completed to the City’s reasonable satisfaction. The developer’s obligation to reimburse the City would survive the termination of the Agreements.
 The City would be able to terminate the Agreements prior to the terms set forth above, without cost or liability, upon 30 days’ written notice to the developer in the event the developer fails to satisfy any material obligation of the agreement or fails to prosecute its applications for the project. The developer would be able to terminate the Agreements upon 30 days’ prior written notice provided that the developer gives the City written notice withdrawing its application for the project and the developer would be obligated to satisfy all of its obligations under the Agreements through the effective date of the termination.  The Agreements would not be assignable by either party without the prior written consent of the other party.

FISCAL IMPACT: Through proposed Agreement No. 22–49, the developer would be required to pay all costs associated with environmental review by Dudek, legal advice and review by BBK, formation of a CFD with the assistance of DTA, and planning and architectural review by M&P. The estimated total cost of the reimbursement by the developer for the project would be $156,790. A breakdown of the costs is shown as follows:

Reimbursement Agreements Fees
Montclair Place Project Site
Dudek $20,360
BBK $75,000
DTA $35,000
M&P $26,430
Estimated Total Fees $156,790
It should be noted that the implementation efforts within the MPDSP area are seen as a method to ensure new development has a limited negative impact on the City’s General Fund and has aesthetics that positively enhance quality of life issues in the community.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 49 with 5060 Montclair Plaza Lane, LLC, a reimbursement agreement related to the development of property generally located on the southwest corner of Central Avenue and Moreno Street subject to any revisions deemed necessary by the City Attorney.

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AGREEMENT NO. 22-49

A REIMBURSEMENT AGREEMENT
Between

CITY OF MONTCLAIR
a California Municipal Corporation
and
5060 MONTCLAIR PLAZA LANE OWNER, LLC
A Delaware limited liability company
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REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") is made this XX day of XX, 2022, by and between the CITY OF MONTCLAIR, a California Municipal Corporation (the "City"), and 5060 Montclair Plaza Lane Owner LLC,a Delaware limited partnership (the "Applicant").

RECITALS
This Agreement is made with respect to the following facts.

A. The Applicant is the owner of that certain real property ("Property") located within the City of Montclair, County of San Bernardino, California. The Property is more particularly described as an area of approximately 7 gross acres in size and is located on the southwest corner of Central Avenue and Moreno Street, Montclair, CA. The Property is further described in Exhibit "A" attached hereto and incorporated herein by reference.

B. The Property is located within the boundaries of the Montclair Place District Specific Plan approved by the City Council on October 5, 2020 by Ordinance No. 20-992 (“Specific Plan”). The Applicant is contemplating the development of the Property and would like to develop the site in accordance with the provisions of the Montclair Place District Specific Plan (“the Project”). The project will consist of construction of approximately 500 residential units and 40,000 square feet of commercial space.

C. In order to contemplate development of the proposed project pursuant to the standards in the Montclair Place District Specific Plan, the Project will need to comply with the specific plan and require related compliance review. The review of compliance to the Specific Plan shall be referred to collectively as the "Project." D. To provide the City with the needed expertise and information necessary for the City's approval of a Precise Plan of Design, preparation of a Maintenance & Operations Regulatory Agreement, and establishment of Community Facilities District concerning the Project, it is or may become necessary for the City to access the services of certain outside planning, architecture, legal, financial, and other experts for the Project ("Consultants").

E. The Applicant has agreed to reimburse the City for Consultant’s costs and expenses related to the Applicant’s Project in the manner and amounts set forth in this Agreement. The Applicant's reimbursement to City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process certain conditions related to the Applicant's Project.

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TERMS
NOW, THEREFORE, in consideration of the following mutual promises and agreements, City and Applicant agree as follows:
1 Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.

2. City to Retain Consultants. As a necessary and indispensable part of the Conditions of Approval of Applicant's proposed Project and use of the Property, the City shall retain the services of Consultants as set forth in Section 4 of this Agreement to provide advice as the City may deem necessary in its reasonable and sole discretion.

The contemplated general scope of work of the Consultants for the Project are attached hereto as Exhibit "B" and incorporated herein by reference, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.

However, if such amendment will cause, or will be likely to cause, the Estimated Costs (as defined in Section 5) to be exceeded, the City shall promptly notify Applicant thereof in writing (and in no event, less than five (5) business days after the City becomes aware of such information).

The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants which are deemed under law to be privileged and confidential shall not be subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants which is privileged or confidential under law; provided, however, the Applicant shall be provided with photocopies of all such documents or work product for which it has reimbursed the City which are not so privileged or confidential under law.

3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants. The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.

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4. City's Selection of Consultants. The City proposes to retain the following as Consultants pursuant to Section 2 of this Agreement, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement: (1) Dudek (Environmental), (2) Best Best Kreiger, Attorneys at Law (BBK) (legal advisors on environmental and Community Facilities District), (3) David Taussig & Associates (Community Facilities District), and (4) Moule & Polyzoides, Urbanists and Architects (Land Use Consultants-related to applicants Project only). If and when the City determines to retain such additional consultants or subconsultants, it shall first so inform the Applicant of its intent to do so, and include with such information the terms and conditions (including fees) upon which such parties will be retained. The Applicant shall have five (5) business days in which to review and approve or disapprove the retention of such parties (approval shall not be unreasonably withheld or conditioned). Provided that the Applicant has not notified the City of its disapproval as to the retention of any such parties on or prior to the expiration of such five (5) business day period, the City may thereafter retain such parties upon the terms and conditions submitted to the Applicant.

In the event that the Applicant reasonably objects to any such retention, the Applicant’s objection shall state the reasons for its objection in sufficient detail that the City shall be able to address, and potentially remedy, such objection if the City so determines. The City and the Applicant shall promptly (but in no event later than five (5) calendar days after such objection) communicate in order to resolve any such objection, but if the parties are unable to resolve such objection, and if the City thereafter retains the disputed party, the Applicant shall have the sole and exclusive right to terminate this Agreement pursuant to Section 8 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.

5. Applicant's Reimbursement of Fees, Costs and Expenditures. The Applicant shall reimburse the City the actual fees, costs and other expenditures incurred by the City relative to the Consultants costs ("Costs") related to the Applicant’s Project, subject to the terms and conditions of this Agreement. Applicant further understands and agrees that Costs are based upon the rates provided by Consultants attached hereto as Exhibit “C” to this Agreement.

The City has preliminarily reviewed the scope of work required and has estimated the aggregate Costs for all consultants to be approximately One Hundred Forty Eight Thousand Dollars ($156,790) ("Estimated Costs"). Upon the execution of this Agreement and before May 30, 2022, the Applicant shall submit a deposit in the amount of Fifty Thousand ($50,000) as the initial amount to cover the Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

At any time that the Deposit Account drops below Twenty Thousand Dollars ($20,000), the City may make written demand on Applicant to replenish the Deposit Account to Fifty Thousand Dollars ($50,000), and Applicant shall submit the required amount of funds to the Deposit Account within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall so notify Applicant in writing and Applicant shall have ten (10) additional calendar days to replenish the Deposit Account.

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Thereafter, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.

The City shall not exceed the Estimated Costs without first informing the Applicant in writing regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs") and shall provide appropriate documentation of such Excess Costs in sufficient detail that the Applicant shall be able to reasonably evaluate such costs. Notwithstanding anything herein to the contrary, the City shall not incur Excess Costs without the express prior written consent of Applicant. The City shall also inform the Applicant in writing prior to amending any scope of services, or adding services, to be provided by the Consultants, and shall provide appropriate documentation of such amended or additional scope of work in sufficient detail that the Applicant shall be able to reasonably evaluate such amended scope, and approve or disapprove the same, in writing. The Applicant’s obligation to reimburse the City for the Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by Consultants and the estimated cost thereof as described hereinabove prior to the commencement of work and Applicant’s approval thereof, as herein provided. Once the City provides such notice and obtains such approval, then Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above; provided, however, in the event that the Applicant reasonably disapproves any Excess Costs, the Applicant shall provide the City with a written objection not later than five (5) business days after receipt of the City’s written notice stating the reasons for its disapproval in sufficient detail that the City shall be able to address. The City and the Applicant shall promptly (but in no event later than five (5) calendar days after such disapproval) communicate in order to resolve any such objection, but if the parties are unable to resolve such disapproval, and if the City thereafter pays any disputed Excess Costs, the Applicant shall have the sole and exclusive right to terminate this Agreement pursuant to Section 8 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to Consultant. Upon such termination by the Applicant, the City shall have the right to consider the Application withdrawn and no longer obligated to process such Application.

The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) calendar days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then, subject to the terms and conditions of this Agreement, Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of written demand for payment by City.

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6. Conditions of Approval. Applicant and City understand and agree that Applicants' land use entitlements concerning the Property are subject to the Conditions of Approval granted by the Planning Commission and City Council and entering into said Reimbursement Agreement will aid the Applicant in satisfying certain Conditions of Approval of Applicant’s proposed project
.

7. Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the parties, and shall terminate when all services required for the Project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination, which accrue prior to the date of termination. The Applicant's obligation to reimburse (Section 5) the City as provided in this Agreement shall survive the termination of this Agreement pursuant to Section 8.

8. Early Termination.

8.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 6 above, without cost or liability to the City, upon thirty (30) days’ prior written notice to the Applicant in the event that Applicant either: (1) fails to satisfy any material obligation of this Agreement (provided, however, if such failure is capable of being timely remedied without prejudice to the City, and is timely remedied by the Applicant, such failure shall be deemed to be waived); or (2) materially fails to reasonably prosecute its application(s) for the Project.

In the event of such termination, Applicant shall be deemed to have withdrawn its application(s) for the Project.

8.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 7 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the effective date of termination. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs incurred prior to the date of termination, whether or not paid by the City to Consultants prior to the date of termination.

Within two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination. Upon such termination by the Applicant, the City shall have the right to consider the Application withdrawn and no longer obligated to process such Application.

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9. Assignability. This Agreement may not be assigned by either party without the prior and express written consent of the other party, which consent shall not be unreasonably withheld; provided, however, Applicant shall have the right to assign the Agreement to any entity that assumes ownership of the Property and in which Applicant or an affiliate thereof has an ownership interest. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

10. No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant, and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant. All modifications to this Agreement must be approved by the City Council of the City of Montclair.

11. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

12. Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion, appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever reasonable legal fees and expert or other costs, in their entirety, including reasonable attorneys' fees, which may be incurred by the City in defense of such action or proceeding. The City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate, and the Applicant shall reimburse the City for any and all reasonable attorneys' fees and expert or other costs incurred by the City as a result of such third-party action or proceeding; provided, however, the Applicant may, at any time, notify the City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all reasonable costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorneys’ fees and expert or other costs.

It is acknowledged by the parties that City is entering into this Agreement to assist Applicant in processing the Project. Applicant understands and agrees that City would not have entered this Agreement if it were to be liable in damages for breach of this MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 226 of 265 AGREEMENT NO 22-49

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Agreement. As a result, Applicant understands and agrees that City shall not be liable for damages to Applicant or any successor for breach of this Agreement or for any cause of action that arises from this Agreement, except to the extent of any amounts in the Deposit Account that remain unencumbered and shall be refunded to Applicant.

Applicant's remedies shall be limited to termination of this Agreement, subject to the obligations contained in Section 8.2.

13. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by the City to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its reasonable attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

14. Jurisdiction and Venue. This Agreement is executed and is to be performed in Montclair, San Bernardino County, California. Any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino, California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.

15. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.

16. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

17. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs.

18. Notices. Notices required under this Agreement shall be sent to the following:

If to City: If to the Applicant:

Mikey Fuentes
Director of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
Fax: 909-621-1584
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Notices given pursuant to this Agreement shall be deemed received as follows:
(1) If sent by United States Mail - five (5) calendar days after deposit into the United States Mail, first class postage prepaid.
(2) If by facsimile - upon transmission and actual receipt by the receiving party.
(3) If by express courier service or hand delivery - on the date of receipt by the receiving party.

The addresses for notices set forth in this Section 18 may be changed upon written notice of such change to either the City or the Applicant, as appropriate.

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CITY OF MONTCLAIR
a California Municipal Corporation
By: ____________________________________
Javier John Dutrey, Mayor
ATTEST:

By: ____________________________________
Andrea M. Myrick, City Clerk
APPROVED AS TO FORM:

By: ____________________________________
Diane E. Robbins, City Attorney
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5060 MONTCLAIR PLAZA LANE OWNER, LLC
A Delaware Limited Liability Company
By: ____________________________________
____________________________________
Name & Title
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EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY

IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA BEING PARCELS A-I, A-2, AND C OF DIVISION 1 AND PARCELS A, B, AND C OF PARCEL 1 OF DIVISION 2 ALL OF GRANT DEED RECORDED FEBRUARY 13, 2014 AS DOCUMENT NO, 2014-0060710, OF OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED FOLLOWS:

PARCEL 1 DIVISION 1: PARCEL A-I: PARCEL 1 OF PARCEL MAP 9881, IN THE CITY MONTCLAIR COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 117, PAGES 5 TO 11, INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, PARCEL A-2: PARCEL 6 OF PARCEL MAP 9881, PER MAP RECORDED IN BOOK 117, PAGES 6 TO 11, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, PARCEL C ALL OF LOT 26, CLAREMONT ORANGE TRACT IN THE CITY OF MONTCLAIR AS PER MAP RECORDED IN BOOK 17, PAGE 87, OF MAPS, IN OFFICE OF THE COUNTY RECORDER SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER LINE INTERSECTION OF MORENO STREET AND CENTRAL AVENUE, AS SHOWN ON SAID MAP; THENCE NORTH 89 DEG 39' 40" WEST 410.23 FEET ALONG SAID CENTER LINE OF MORENO STREET; THENCE SOUTH 0 DEG 05'16" WEST, 357.65 FEET (SOUTH, 375.65 FEET) THENCE NORTH 89 DEG 59'58" EAST, 374.45 FEET (EAST, 374.46 FEET);THENCE NORTH 02 DEG 07'18" EAST, 53.82 FEET; THENCE NORTH 89 DEG 46''00" EAST. 35.56 FEET (35.00 FEET) THENCE NORTH 0 DEG 14'00" WEST, 301.30 FEET TO THE POINT OF BEGINNING. DIVISION 2: PARCEL 1: CONSISTING OF:

PARCEL A: THAT PORTION OF LOTS 25, 26, 27 AND 28 OF TRACT NO. CLAREMONT ORANGE

TRACT, IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO, CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 87, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER SAID COUNTY; DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION THE

CENTERLINES OF MONTE VISTA AVENUE AND SAN JOSE STREET, THE BEARING OF SAID

CENTERLINE OF MONTE VISTA AVENUE SOUTHERLY OF SAN JOSE STREET BEING NORTH THENCE EAST 2053.71 FEET; THENCE NORTH 57 DEG 52'02" EAST 9.33 FEET; THENCE NORTH 49 DEG 57'45" EAST 94.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 49 DEG 57'45" EAST 549.36 FEET; THENCE NORTH 9 DEG 47'32" EAST 189.55 FEET; THENCE NORTH 0 DEG 14'00" "EAST 60.43 FEET; THENCE 2 DEG 07'18" EAST 305.81 FEET: THENCE WEST 374.26 FEET; THENCE NORTH 00 DEG 05'16" EAST, 362.98 FEET (NORTH 363.00 FEET) TO A POINT IN THE CENTERLINE OF MORENO STREET, SAID POINT BEING NORTH 89 DEG 39'40" WEST 410.23

FEET FROM THE INTERSECTION OF THE CENTERLINES OF MORENO STREET AND CENTRAL AVENUE; THENCE ALONG SAID CENTERLINE OF MORENO STREET 89' DEG 39'40" WEST 260.00 FEET ; THENCE SOUTH 869.99 FEET (870.00 FEET) THENCE EAST 178.00 FEET; THENCE SOUTH 394.32 TO THE TRUE POINT OF BEGINNING. PARCEL B: THAT PORTION OF LOT 26, CLAREMONT ORANGE TRACT, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT POINT ON THE CENTERLINE OF CENTRAL AVENUE SOUTH 00 DEG 14'00" EAST 301.30 FEET FROM THE CENTERLINE INTERSECTION OF CENTRAL AVENUE.

APN:
1008-181-08-0000
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EXHIBIT "B"

SCOPE OF SERVICE FOR CONSULTANTS
DUDEK
Services related to environmental evaluation under CEQA.

BEST BEST KREIGER Attorneys at Law (BBK)
BBK will provide legal services related to (1) documents, advice, and review for a Community Facilities District; (2) provide documents, advice and review regarding the development process for the proposed project, including compliance with the California Environmental Quality Act; and, (3) advice and/or review of Operating Agreements, Covenants, Conditions and Restrictions, Parking Management Agreements and/or other documents that may be needed or required for the project.

DAVID TAUSSIG & ASSOCIATES
Services related to formation of the rate and method and implementation of a Community Facilities District.

MOULE & POLYZOIDES
Services related to design and architectural review of the project.

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EXHIBIT "C"

BILLING FOR EACH CONSULTANT
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 233 of 265 1 March 2022
March 30, 2022
Mikey D. Fuentes
City of Montclair
5111 Benito St
Montclair, CA 91763
Subject: Proposal to Prepare Environmental Evaluation under the California Environmental Quality Act for the CIM Residential and Commercial Development Project
Dear Mr. Fuentes:

Thank you for inviting Dudek to submit a proposal to prepare documentation in compliance with California Environmental Quality Act (CEQA) for a proposed CIM Residential and Commercial Development Project (proposed project) by CIM (Applicant).

CIM Residential and Commercial Development Project
The City of Montclair (City) is the CEQA lead agency for the proposed project to be constructed by the Applicant. The proposed project will include approximately 600 residential units and 40,000 square feet of commercial/retail uses to be developed within the boundaries of the Montclair Place Specific Plan area in Montclair, California.

Dudek proposes to prepare a CEQA Section 15162 Consistency Evaluation (15162 Consistency Evaluation) for the proposed project that would determine if conditions specified in the CEQA Guidelines Section 15162 would require preparation of additional CEQA review for the proposed project. The 15162 Consistency Evaluation would also determine if the proposed project is consistent with the analysis in the Montclair Place District Specific Plan (MPDSP) Final Environmental Impact Report (EIR) (State Clearinghouse No. 2019050011) that was certified by the City in 2020 and whether the proposed project would result in any new or any substantial changes to any significant effects previously identified in the MPDSP Final EIR.

The following scope of work assumes that the 15162 Consistency Evaluation will determine that none of the conditions described in State CEQA Guidelines Section 15162 calling for preparation of a supplemental or subsequent EIR have occurred and the implementation of the EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 234 of 265 Mr. Mikey D. Fuentes
Subject: CIM Residential and Commercial Development Project CEQA Document Proposal 2 March 2022
proposed project would not result in any significant direct, indirect or cumulative impacts over and above those disclosed in the previously certified 2020 EIR. This scope of work also assumes that the proposed project would not result in new impacts or changed circumstances that would require a new environmental document and that the 2020 EIR adequately covers the proposed project. If the City determines through the review process that the proposed project would result in new or substantially more severe significant environmental impacts resulting from changes in the project or circumstances, or from new information of severe significant environmental impacts resulting from changes in the project or circumstances, or from new information of substantial importance as defined in the CEQA Guidelines, then Dudek would provide the City with a scope of work for the preparation of another CEQA document as determined by the City.

The following captures the tasks necessary to prepare an 15162 Consistency Evaluation to the 2020 Final EIR. Dudek proposes that Candice Disney Magnus be the Dudek Project Manager for the following tasks.

SCOPE OF WORK
Task 1: Project Initiation and Materials Review
Dudek will review all relevant project materials including the proposed project application, available technical studies, background information, and other applicable regulations. The Dudek project manager will attend a kick-off meeting with City staff that will provide Dudek an opportunity to inquire further about the project and receive applicable background documents.

Dudek will review information provided for the project and will notify the City of any requests for additional information needed to prepare the IS/Checklist via an Information Request List.

Deliverables: Information Request List
Task 2: Develop Project Description
Once responses to the Information Request List are received, Dudek will workwith the Applicant team to prepare a detailed description of the proposed project and if it is consistent with what was evaluated in the 2020 Final EIR. This description will combine text, tables, and figures to create a comprehensive, yet easy to understand project description. The project description will be prepared in accordance with CEQA Guidelines, Section 15124, and will describe the basic characteristics of the project, including site location and boundaries, background information, technical and environmental characteristics, project size, project construction methodologies and project operation. Accompanying the project description will be a list of the anticipated responsible and trustee agencies, as well as necessary discretionary actions including permits, characterized by jurisdiction.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 235 of 265 Mr. Mikey D. Fuentes
Subject: CIM Residential and Commercial Development Project CEQA Document Proposal 3 March 2022
Dudek will submit the draft updated project description to the City and the Applicant team for review and will revise accordingly before finalizing the project description.

Deliverables: Draft Project Description (in Word and PDF), and Final Project Description (in Word and PDF).

Task 3: Prepare 15162 Consistency Evaluation
The Dudek team will prepare a Draft 15162 Consistency Evaluation for the proposed project.

The 15162 Consistency Evaluation will use the information and technical studies prepared for the SEIR to provide a project-level review of whether the proposed project is consistent with the programmed growth identified in the 2020 Final EIR. The evaluation will also document whether the land use and development associated with the proposed project is consistent with the objectives, land use designations, and development and population forecasts as analyzed in the 2020 Final EIR. To determine whether the proposed Project is sufficiently addressed by the 2020 Final EIR, Dudek will evaluate the following questions:
• Are the objectives of the proposed project consistent with the objectives of the 2020 Final EIR?
• Are the changes to the Montclair Place District Specific Plan area associated with the proposed project included within the scope of the 2020 Final EIR projections? • Is the proposed location of the project site in an area designated for this type of use in the 2020 Final EIR?
• Are the proposed project activities within the scope of the environmental analysis in the 2020 Final EIR?
• Have the conditions described in the CEQA Guidelines 15162 for the preparation of a supplemental or subsequent EIR occurred?
The 15162 Consistency Evaluation will also include an evaluation that would determine if any of the environmental resource areas on the CEQA Guidelines Appendix G would be potentially affected by the proposed project or would involve any significant impacts that substantially exceed development or activities evaluated for potential environmental impacts in the 2020 Final EIR. This scope of work assumes that the proposed project will be deemed entirely consistent with and covered by the environmental analysis contained in the 2020 Final EIR. The evaluation of consistency with the 2020 Final EIR analysis will include the full range of environmental topics reflected in CEQA Appendix G. The evaluation will assess the following points for each environmental topic in AppendixG:

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 236 of 265 Mr. Mikey D. Fuentes
Subject: CIM Residential and Commercial Development Project CEQA Document Proposal 4 March 2022
• Was the impact analyzed in the prior environmental document? (If so, where?) • Does the proposed project involve new significant impacts or substantially more severe impacts?
• Are there new circumstances involving new significant impacts or substantially more severe impacts?
• Is there any significant new information requiring new analysis or verification? • Are no technical changes or additions needed to make the prior environmental document sufficient for the project?
• Do mitigation measures from the prior environmental document resolve significant impacts?
The 15162 Consistency Evaluation will address all environmental topic areas and will describe existing conditions and assess potential environmental impacts. The level of analysis and degree of impact will vary depending upon the environmental topic but will be sufficient to provide the substantial evidence to support the conclusions, consistent with CEQA requirements and prior legal direction from the courts. All issue areas included in Appendix G of the State CEQA Guidelines will be addressed, with emphasis on those issues with potential for significant effects, particularly construction related effects to air quality/greenhouse gas emissions, biological resources, noise, and transportation. The analysis will consider differences between the certified 2020 Final EIR along with changes in circumstances that may alter conclusions about significant environmental effects, including cumulative impacts and regulatory changes.

Dudek is assuming that information for this analysis will be gathered from the technical studies prepared for the 2020 Final EIR, technical studies provided by the Applicant and various sources typically used in CEQA analysis. Thus, this scope of work assumes that no new technical studies will be prepared by Dudek. If this assumption is not correct, Dudek can provide a scope of work and cost for any needed technical studies.

Once all technical information is collected and analyzed, Dudek will submit the draft 15162 Consistency Evaluation to the City and the Applicant team (if requested by the City) for review and will revise accordingly before finalizing the evaluation.

Deliverables: Draft 15162 Consistency Evaluation (in Word and PDF), and Final 15162 Consistency Evaluation (in Word and PDF).

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 237 of 265 Mr. Mikey D. Fuentes
Subject: CIM Residential and Commercial Development Project CEQA Document Proposal 5 March 2022
Task 4: Project Coordination
Dudek’s Project Manager will actively manage the tasks identified in Tasks 1 and 3 of this proposal. The Project Manager will include regular communications with City staff and the Applicant team by either phone, email or in person, throughout our work effort. Management tasks will also include tracking costs and schedule. Dudek will provide the City with a master schedule for Tasks 1 and 3 above and will provide the City with a regular status reports documenting the work performed and the work expected to be completed.

Deliverables: Invoices, progress reports, master schedule Task 5: Project Meetings
Dudek anticipates that bi-weekly team meetings will be arranged with the City and Applicant team over a three-month period. These meetings will allow the team to discuss our progress and implications of the environmental analysis. For cost estimating purposes, Dudek has included 6 bi-weekly meetings (either conference calls or in-person) during the three-month period averaging two hours for preparation and participation. Dudek will also assist the City planner with sharing the 15162 Consistency Evaluation with meetings for City management or leadership as requested.

Deliverables: Project file (electronic and paper versions), team meeting agendas and notes, meeting summaries, project schedule, FTP sites
Additional Assumptions
Assumptions for this scope of work include the following:
• Once preparation of the first administrative versions of the Draft 15162 Consistency Evaluation have begun, no changes to the project will occur, which would result in revisions to the project description, report graphics, or re-analysis of any environmental issue.

ESTIMATED SCHEDULE AND COSTS

1. ANTICIPATED PROJECT SCHEDULE
The Dudek team shall perform and complete the required services as agreed to by the City. The anticipated start date is April 15, 2022, and the duration of the schedule for the tasks covered under this Scope of Work is estimated to be approximately 3 months (July 2022). A more detailed schedule may be agreed upon by the City and Dudek and project meeting budgets may EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 238 of 265 Mr. Mikey D. Fuentes
Subject: CIM Residential and Commercial Development Project CEQA Document Proposal 6 March 2022
need to be adjusted accordingly. The Dudek team will work cooperatively with the City and the Applicant team to complete the tasks in a timely manner. The Dudek Project Manager will keep the City staff informed of the progress of said services at all times.

2. ANTICIPATED ESTIMATED COSTS
This is a Time and Materials Agreement that will be invoiced via hourly rates. The work hours anticipated and estimated cost breakdown for the tasks covered by this Scope of Work is covered in Table 1, Cost Estimate. Costs were calculated based on anticipated hours to be worked and materials needed for this project.

Table 1.

Cost Estimate
Tasks Cost Estimate
$180/hr.

Task 1: Project Initiation and Materials Review $1,800
Task 2: Preparation of Updated Project Description $3,600 Task 3: Preparation of an 15162 Consistency Evaluation $9,000 Task 4: Project Coordination $3,800
Task 5: Project Meetings $2,160
Total $20,360
Please do not hesitate to contact me at 760-642-8261 or [email protected] with any questions.

Sincerely,
Candice Disney Magnus
Senior Project Manager
EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 239 of 265 Attorney-Client Privilege
Attorney Work Product
Memorandum
To: Mikey Fuentes, Director of Economic
Development
File No.: 55442.XXXXX
From: Best Best & Krieger LLP
Date: March 24, 2022
Re: Estimated Budget for Legal Services for CEQA and Land Use Services for Montclair Place District – Project 1
Per your request, we have prepared the following estimated budget for our continued representation of the City of Montclair (the “City”) under the California Environmental Quality Act (“CEQA”), Planning and Zoning Laws, and financing laws related to the Montclair Place District – Project 1 (the “Project”). Montclair Place District – Project 1 involves development of approximately 600 residential dwelling units and 40,000 square feet of commercial/retail uses.

Below, we provide our best estimate of the steps in the CEQA, land use and CFD processes, and the estimated cost for us to assist with those.

As you might imagine, estimates can and do vary based on many factors. So, this estimate should not be treated as a not-to-exceed number. The purpose of the estimate is to give you a rough idea of the scope of legal fees that we may incur in our representation of the City in this matter. Here, the largest variables are likely to be the number of meetings that we attend with the Project team, the volume of the responses to comments, the extent of the public meetings/hearings on the Project, and our level of involvement in project management. The estimated budget below does not include services related to litigation (if any) involving the Project.

Accordingly, the ultimate costs associated with our representation may be less or greater than that set forth below. However, the estimate and schedule below are based on our past experiences with similar projects, such that these items should provide a realistic overview for the legal costs and time required to complete the CEQA and Specific Plan processes.

As always, please feel free to contact us should you have any questions or require additional information.

ALISHA M. WINTERSWYK

MARCO MARTINEZ

MRUNAL SHAH
EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 240 of 265 - - 2
Estimated Costs
Task Estimated Cost1

1. CEQA Compliance
Provide advice on the appropriate level of CEQA review and documentation for this subsequent project (assumes an
Addendum to the prior Montclair Place EIR). Review any CEQA documentation, including technical reports, prepared by a CEQA consultant for the project. Assist with review and drafting staff report, resolutions, findings, notices for CEQA component of this Project.
$35,000

2. CFD Formation
Assist with preparation of necessary documentation for formation of a services CFD; provide advice regarding formation of same; and review any documents prepared by third parties in support of such CFD formation.
$20,000

3. CC&Rs
Review and provide advice on CC&Rs developed for the project. $5,000

4. Land Use Entitlements:

Review Reimbursement Agreement/negotiation of any changes; Review Project Submittal/Scope of Work (with possibly meeting with staff); Answer Processing Questions; Assist with conditions of approval/staff report; Follow-up approval questions
$10,000

5. Incidentals $5,000
Total: ~$75,000
1 All estimates are based on an averaged hourly rate per the hourly rates set forth in our Engagement Agreement.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 241 of 265 A-1
City of Montclair November 15, 2021
CFD Formation and Annual Administration Services
www.FinanceDTA.com

SCOPE OF WORK
DTA shall serve as the City of Montclair’s (the “City’s”) Special Tax Consultant and provide services on an as-needed basis as it relates to new Community Facilities District (“CFD”) formations and annual administration. This agreement shall cover any work related to new proposed CFDs and annual administration services for any CFD.

A Phase I – CFD Formation
DTA shall provide special tax consulting services, as described in the tasks below, necessary to assist the City in the formation of a CFD to finance certain annual services for such project. The maximum budget shall be determined at the time of commencement of formation of the proposed CFD.

Task 1 – Initial Kick-off Call
DTA shall attend an initial kickoff call to discuss the scope of work and proposed schedule, in addition to identifying any other issues prior to beginning work.

Task 2 – Research
DTA will gather the necessary data from the City and developer. The City and developer are responsible for providing and verifying data describing types of development, improved property values, net taxable acreage, and the estimated cost of the annual services proposed to be financed. DTA shall rely on such data provided by the City and developer and shall not be responsible for verifying its accuracy. DTA shall also compile Assessor’s data for the project area.

Task 3 – Preliminary Tax Spread
DTA shall prepare the initial spread of special taxes (the “Tax Spread”) based on land use, building square footage, and/or acreage as obtained through Task 2 above. We will also calculate special taxes to support proposed annual services costs. DTA may recommend alternative techniques to apportion special taxes to enhance project feasibility.

Task 4 – Rate and Method of Apportionment
DTA will prepare the Rate and Method of Apportionment of Special Tax (the “RMA”) which describes the methodology used to calculate the annual special tax levy for the CFD. DTA shall work with City staff to modify the RMA, as needed.

Task 5 – Public Report
DTA shall prepare the Public Report, as described in Section 53321.5 of the California Government Code, containing descriptions of the proposed services, their estimated costs, and maximum annual special tax rates.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 242 of 265 A-2
City of Montclair November 15, 2021
CFD Formation and Annual Administration Services
www.FinanceDTA.com
Task 6 – Document Review and Preparation
DTA will assist the City with the preparation of required documents, including the Resolution of Intention, Resolution of Formation, and related items.

Task – Verbal Consulting Services
DTA shall provide verbal consulting services and advice to the City and other project developers regarding the special tax and apportionment methodology during the period in which Tasks 1-6 is being completed.

Task 8 – Coordination
DTA shall attend conference calls as needed, including the meeting described in Task 1 above. These calls may be used to discuss or present the Tax Spread, RMA, Public Report, or other items prepared by DTA. They may also be used for the protest hearing or other public meetings. In-person meetings attended by DTA will require fees beyond the maximum established in the Fee Schedule if the budgeted amount has been completely expended based on hourly rates quoted herein.

Task 9 – Preparation of Boundary Map
This task entails the preparation of the CFD boundary map pursuant to the requirements of the Mello-Roos Act and the San Bernardino County (“County”) Recorder’s Office, assuming that computerized base maps are provided by the City. DTA will record the map at the County Recorder’s office and distribute a copy of recorded map to the project team.

B Phase II – Annual Administration
DTA shall provide special tax consulting services, as described in the tasks below, necessary to assist the City in the annual administration of any CFD. Task 1 – Land Use Research DTA will determine, gather, and organize the land use data required to apportion and collect special taxes. This task includes the following subtasks:

1.1 Subdivision Research: DTA shall identify and obtain copies of all final tract or parcel maps recorded within the CFD.

1.2 Development Research: DTA will determine all building permit activity as of January 1 of the previous fiscal year. We shall also identify issuance date, building square footage, and situs address for each new building.

1.3 Assessor Parcel Research: DTA shall review current Assessor parcel maps to compile a list of the Assessor's parcels that will be valid for each fiscal year. We will then determine the acreage of all parcels.

1.4 Database Management: DTA will create automated parcel database that will include information for all parcels. Data will include the Assessor Parcel Number (“APN”) and EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 243 of 265 A-3
City of Montclair November 15, 2021
CFD Formation and Annual Administration Services
www.FinanceDTA.com
corresponding tract, lot and unit number, acreage, building square footage, building permit issuance date, and situs address.

Task 2 – Classification of Property
DTA shall apply the RMA to determine the appropriate special tax classification for each parcel located within each CFD. This task includes the following subtasks:

2.1 Exempt Property: DTA will identify all property owned by public agencies or entities otherwise exempt from the special tax and classify such property as exempt property; and

2.2 Taxable Property: DTA shall ascertain all taxable properties and classify each as "Developed Property" or "Undeveloped Property." We will then assign each "Developed Property" to the appropriate special tax classification.

Task 3 – Financial Analysis
DTA will calculate the special tax requirement for each fiscal year and allocate it to property in the CFD. This task includes the following subtasks:

3.1 Determine Special Tax Requirement: DTA will assist the City with the calculation of the Special Tax A requirement and Special Tax B requirement.

3.2 Special Tax Rates: Based on tax classifications and special tax requirement(s), DTA shall compute the current fiscal year Special Tax A and Special Tax B for all classifications of taxable property.

Task 4 – Report Preparation
DTA shall prepare the Annual Special Tax Report containing the findings of the financial analysis and an explanation of the methodology employed to apportion the special taxes.

Included in the report is a list of the special tax levy for each Assessor's parcel.

Task 5 – Enrollment of Special Taxes
DTA will submit the special tax levy on or before August 10 of each year, or such other date specified by the County to the Auditor-Controller, for inclusion on the consolidated property tax bills. The special tax levy will be submitted on magnetic tape or other media as specified by the County.

Task 6 – Delinquent Property Owner Research
DTA shall review and research County records to determine which parcels are delinquent in the payment of property and special taxes. This task includes the following subtasks:

6.1 Semi-Annual Delinquent Special Tax Report: DTA shall review special tax payment information from the County, in addition to determining which parcels are delinquent and the corresponding amount of delinquent special taxes. We will subsequently prepare a report summarizing the amount of delinquent special taxes.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 244 of 265 A-4
City of Montclair November 15, 2021
CFD Formation and Annual Administration Services
www.FinanceDTA.com

6.2 Collection of Delinquent Special Taxes: DTA will assist the City with the development of procedures, in order to cure delinquent special taxes, and preparation of demand letters, as necessary.

Task 7 – Roll Changes and Adjusted Property Tax Bills
This task involves monitoring any changes to the secured tax roll that necessitate new or adjusted property tax bills. This task includes the calculation of new or adjusted bills and preparation of requests to the County to prepare such bills.

Task 8 – Responses to Property Owner Questions
This task involves the provision of information to individuals and other interested parties regarding the amount and calculation of the special tax.

Task 9 – Annual Reporting/Disclosure
DTA shall assist the City with meeting the annual disclosure requirements. This task includes the following subtasks:

9.1 DTA shall provide special tax disclosure documents to the City for resale properties pursuant to Section 1102.6b of the Civil Code and Section 53340.2 of the Government Code, as stated in SB 1464;

9.2 DTA will assist the City in the preparation of material in compliance with Section 50075 of the Government Code;

9.3 DTA shall help the City with the preparation of material in compliance with Section 12463.2 of the Government Code, as stated in AB 2109; and

9.4 DTA will aid the City with the posting of material on the City’s website in compliance with Section 53343.2 of the Government Code, as stated in AB 1666.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 245 of 265 B-1
City of Montclair November 15, 2021
CFD Formation and Annual Administration Services
www.FinanceDTA.com

FEE SCHEDULE
Fees for services related to both proposed CFDs and existing CFDs shall be charged according to the professional services fee schedule identified in Table 1.

Table 1: DTA’s Hourly Rates
Labor Category Labor Rate
Managing Director $270/Hour
Vice President $250/Hour
Manager $220/Hour
Senior Associate $190/Hour
Associate $160/Hour
Senior Analyst $150/Hour
Analyst $140/Hour
Research Assistant $115/Hour
DTA’s maximum fee related to tasks under Phase I (CFD Formation) shall be determined at the time of commencement of the formation of the proposed CFD. Estimated $35,000.

DTA’s maximum fee related to tasks under Phase II (Annual Administration) shall be determined following the formation of any CFD. Estimated 10,000. DTA currently provides annual administration services for the City’s existing CFDs, as listed below.

Table 2: Existing CFDs
CFD Maximum Annual Fee
CFD No. 2011-1 $4,750
CFD No. 2011-2 $4,750
Out-of-pocket and administrative expenses shall be equal to 3% of DTA’s billings for labor, plus travel expenses and any outside vendor payments. All hourly rates for services apply through June 30, 2022, and are subject to a cost-of-living increase at that time. On or about the first two weeks of each month during which consulting services are rendered hereunder, DTA shall present to the City an invoice covering the current consulting services performed and reimbursable expenses incurred pursuant to this Notice of Authorization.

Invoices shall be paid by the City within 30 days of the date of each invoice. A 1.2% charge may be imposed monthly against accounts that are not paid within 45 days of the date of each invoice. The prevailing party in any legal action brought by one party against the other and arising out of this Consultant Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 246 of 265 B-2
City of Montclair November 15, 2021
CFD Formation and Annual Administration Services
www.FinanceDTA.com
A Limitations
Any tasks related to the issuance of bonds shall be covered under a separate agreement.

The budgets mentioned in Table 2 above for the existing CFDs are based on the administration of parcels as of fiscal year 2021-2022. If additional property is annexed into such CFDs, it is understood that augmentation to the budget would be required for future years. In addition, if bonds are issued for any CFD or there are annual continuing disclosure obligations, then the budget would need to be increased depending on the actual annual reporting requirements.

DTA has assumed that the City will provide DTA with a copy of all building permits issued within the CFD. Additional services other than those necessary to amend errors on the part of DTA are not covered by the budget listed above. As for Task 8, detailed written responses or formal meetings with property owners to resolve disputes will be classified as Additional Work and billed at hourly rates listed above.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 247 of 265 February 28, 2022
Mikey Fuentes
Director of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
Via E- mail: [email protected]; [email protected]; [email protected]
Re: Design Review of CIM Mixed-Use Project
Dear Mikey:

Moule & Polyzoides is pleased to present a proposal to the City of Montclair to assist the City in reviewing design proposals submitted by CIM for a mixed-use project at the southwest corner of Central Avenue and Moreno Street.

A. SCOPE OF WORK
Task 1: Preliminary Design Review
M&P will review the preliminary design package submitted by CIM for conformance with the development standards of the Montclair Place District Specific Plan (MPDSP) and the City of Montclair’s expectations. M&P will provide comments as direct mark-ups on the submitted PDF application file. M&P will also participate in up to four (4) meetings with City staff and/or with CIM representatives to provide feedback and suggestions. M&P will share the design suggestions with City staff to confirm the proposed design direction prior to any meetings with CIM representatives.

Deliverables for Task 1:

Review of the preliminary design package, consultation with City of Montclair staff, and up to four (4) meetings with City staff and/or CIM representatives.

Fees & Schedule for Task 1:

Work on this task will be completed within two (2) weeks for a fee of $ 6,180.00 EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 248 of 265

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Task 2: Schematic Design Review.

M&P will review CIM’s Schematic Design Review development application in relation to the comments generated in Task 1 and for conformance with MPDSP Section 5.1.050. (Planning Compatibility and Architectural Review) and the vision and development regulations of the MPDSP.

M&P will provide comments as direct mark-ups on the submitted PDF application file. M&P will also participate in up to four (4) meetings with City staff and/or CIM representatives to review the schematic design review package.

Deliverables for Task 2:

Marked-up PDF of design review submission. Attendance at up to four (4) meetings with City of Montclair and/or CIM representatives.

Fees & Schedule for Task 2:

Work on this task will be completed within one month of receipt of CIM’s Schematic Design Review development application for a fee of $ 11,670.00.

Task 3: Final Design Review.

M&P will review CIM’s Final Design Review development application, submitted per the requirements of MPDSP Section 5.1.050. (Planning Compatibility and Architectural Review), for conformance with the vision and development regulations of the MPDSP. M&P will provide comments as direct mark-ups on the submitted PDF application file. M&P will also participate in up to two (2) meetings with City staff and/or with CIM representatives to review the design review package.

Deliverables for Task 3:

Marked-up PDF of final design review submission. Attendance at up to two (2) meetings with City of Montclair and/or CIM representatives.

Fees & Schedule for Task 3:

Work on this task will be completed within one month of receipt of CIM’s Final Design Review development application for a fee of $ 8,580.00
.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 249 of 265

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B. FEE SUMMARY
Moule & Polyzoides:

Task 1: Preliminary Design Review $ 6,180.00
Task 2: Schematic Design Review $ 11,670.00
Task 3 Final Design Review $ 8,580.00
Total………………..$ 26,430.00
Further review beyond the two reviews described in the above Scope of Work shall be subject to additional services as described below. Upon completion of the above tasks, Moule & Polyzoides will submit an invoice to the Client and will be paid within 30 days of submission.

Reimbursable expenses will be in addition, estimated as an allowance of $500.00, and will include the costs of transportation, delivery, process printing and other costs incurred by the Consultant Team in its service on this project. Expenses will be billed by M&P to Client at a multiplier of 1.15 to cover administrative and processing costs.

C. ADDITIONAL SERVICES
Should the Client request Moule & Polyzoides to provide Additional Services in addition to those set forth in the above Scope of Work, Moule & Polyzoides will prepare a scope, schedule, and budget for providing such services for approval by the Client. If any such services are to be paid on a time and materials basis, professional fee compensation shall be billed according to the schedule of the 2021 hourly rates for our firm as follows:

Partner: $ 340.00 per hour
Planning Principal: $ 260.00 per hour
Principal $ 260.00 per hour
Sr Associate $240 per hour
Associate $220 per hour
Staff/graphic designer $180 per hour
staff II $160 per hour
Such services will only be undertaken with the Client’s previous authorization.

We are very pleased to have the opportunity to continue to assist you in our role as town architect to ensure that new projects continue to transform Montclair according to the community’s vision.

EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 250 of 265

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Please call me, if you have any questions.

Sincerely,
Stefanos Polyzoides, Architect & Urbanist
ACCEPTED AND AGREED:

Name Date____________________________________
EXHIBIT C MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 251 of 265

CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3348 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING

TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF MAY 16, 2022, THROUGH JUNE 15, 2022
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 22–3348 would extend the City’s remote public meeting procedures under AB 361 for an additional 30 days, expiring June 15, 2022.

BACKGROUND: Governor Newsom’s Executive Order N–29–20, which suspended and modified the Brown Act’s teleconferencing requirements during the COVID–19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361 into law as an urgency bill and, four days later, executed an order delaying the application of AB 361 until October 2, 2021.

AB 361 permits legislative bodies of state and local entities to continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access, and other requirements of traditional teleconference meetings under the Brown Act. Under AB 361, a legislative body may hold entirely virtual meetings (or partially virtual meetings) until the end of the current state of emergency and during any future emergency declarations through January 1, 2024. However, to do so, the legislative body must make factual findings to continue teleconferencing every 30 days.

FISCAL IMPACT: There is no direct fiscal impact on the General Fund related to the City Council’s adoption of Resolution No. 22–3348.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3348 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of May 16, 2022, through June 15, 2022.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 252 of 265 Resolution No. 22–3348 Page 1 of 3
RESOLUTION NO. 22–3348

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR STATING COMPLIANCE WITH THE PROVISIONS OF ASSEMBLY BILL 316

INCLUDING COMPLIANCE WITH ABBREVIATED TELECONFERENCE

REQUIRMENTS FOR OPEN MEETINGS, AND MAKING FACTUAL FINDINGS REGARDING THE COVID–19 PUBLIC HEALTH EMERGENCY FOR THE
PERIOD OF MAY 16, 2022, THROUGH JUNE 15, 2022
WHEREAS, recognizing the continuing public health threat posed by the novel coronavirus, California Governor Gavin Newsom on September 16, 2021 signed Assembly Bill 361 (AB 361), an urgency law establishing procedures for the continuation of teleconferencing during public health emergencies, including the COVID–19 public health emergency; and
WHEREAS, the Montclair City Council, its standing committees, and the Montclair Planning and Community Activities Commissions may continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access and other requirements of traditional teleconference meetings under the Ralph M. Brown Act—Government Code (GC) sections (§§)54950–54963 (the "Brown Act") open meeting laws until the end of the current state of emergency and during any future state of emergency, up until January 1, 2024; and WHEREAS, to continue meeting virtually, the Montclair City Council is required to make factual findings.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby elects to use AB 361’s abbreviated teleconferencing procedures where a state of emergency has been formally proclaimed, but only if at least one of the following three conditions apply, and this election shall hereby include its standing committees and the Montclair Planning and Community Activities Commissions:

1. State or local officials have imposed or recommended measures to promote social distancing at the time the legislative body holds the meeting to adopt AB 361 [GC §54953(e)(1)(A)]; or

2. The legislative body holds a meeting for the first time for the purpose of determining by majority vote whether, as a result of proclaimed state of emergency, meeting in person would present imminent risks to the health and safety of attendees [GC §54953(e)(1)(B)], or

3. The legislative body has determined (per the previous bullet) that, as a result of the proclaimed state of emergency, meeting in person would continue to present imminent risks to the health or safety of attendees [GC §54953(e)(1)(C)].

As to condition No. 1, immediately above:
 On March 16, 2020, the City Council adopted Resolution No. 20–3263 declaring that a local public health emergency exists in the City of Montclair.

The public health emergency continues until Resolution No. 20–3263 is rescinded.
 On September 21, 2020, the City Manager introduced, and the City Council adopted, the City Facilities Public Reopening, Health and Safety Plan. The Plan introduced a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal government’s Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. A copy of the Plan had been provided to each member of the City Council.

BE IT FURTHER RESOLVED that pursuant to AB 361, local legislative bodies electing to use the urgency bill’s abbreviated teleconferencing procedures must make the following factual findings within 30 days after teleconferencing for the first time after the expiration of Executive Order No. N–29–20 on September 30, 2021, and every 30 days thereafter until January 1, 2024, or when Montclair City Council Resolution No. 20–3263 declaring a public health emergency is rescinded, whichever comes first:

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 253 of 265 Resolution No. 22–3348 Page 2 of 3

1. The legislative body has reconsidered the circumstances of the state of emergency; and

2. Either of the following circumstances exist:
 The state of emergency continues to directly impact the ability of the members to meet safely in person.
 State or local officials continue to impose or recommend measures to promote social distancing.

As to condition No. 1, immediately above, this Resolution makes factual findings as follows:
 The City Council of the City of Montclair, in reconsideration of the circumstances of the public health emergency related to COVID–19, as expressed in Montclair City Council Resolution No. 20–3263, adopted March 16, 2020, declaring that a local public health emergency exists in the City of Montclair, remains in effect.

As to condition No. 2, immediately above, this Resolution makes factual findings as to the following:
 On September 21, 2020, the City Council adopted the City Facilities Public Reopening, Health and Safety Plan, introducing a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal governments Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. Adoption of the Plan also incorporated guidance from the California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC), including public health guidelines that promote personal responsibility for social distancing and compliance with face covering mandates, education on the need to avoid large gatherings, and promotion of protocols related to personal hygiene.

By adoption of this Resolution, the City Council of the City of Montclair reaffirms that it continues to impose measures in City facilities and at City– sponsored events to promote social distancing in compliance with the City Facilities Public Reopening, Health and Safety Plan.

BE IT FURTHER RESOLVED that the City Council of the City of Montclair, its standing committees, and the Montclair Planning and Community Activities Commissions shall further comply with each of AB 361's abbreviated teleconference requirement for open meetings, including the following:

1. Notice and agenda:
 The City of Montclair shall provide notice and post agendas as otherwise required under the Brown Act (setting aside traditional teleconferencing requirements), and shall indicate on the notice the means by which the public may access the meeting and offer comment.
 The agenda shall identify and include an opportunity for all persons to attend via a call–in option or internet–based service. Further, (1) the agenda is not required to be posted at all teleconferencing locations, (2) public access does not need to be assured at all teleconference locations, (3) the notices and agenda do not need to list the teleconferencing locations of the members of the City Council, and (4) a quorum of the members of the City Council do not need to participate within physical boundaries of the City of Montclair.

2. Public comment rules: AB 361 instituted new rules for public comments for timed and untimed public comment periods during legislative body meetings.  Timed general public comment period: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide members of the public a timed, general public comment period, and opportunity to register for public comment does not close until the set general public comment period has elapsed.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 254 of 265 Resolution No. 22–3348 Page 3 of 3
 Untimed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed, general public comment period.  Timed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed public comment period per agenda item.

3. Prohibition against requirement for public comments to be submitted in advance. The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361's prohibition against a local legislative body from requiring public comments to be submitted in advance of the meeting.

4. Registration for public comment: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361 by not imposing a requirement that a member of the public register for public comment before being allowed to provide public comment where a third– party platform (such as Zoom or Microsoft Teams) is employed.

5. Disrupted broadcasting procedures: In the event there is a broadcasting disruption of a meeting of the Montclair City Council, its committees, or the Montclair Planning and Community Activities Commissions to the public by phone or by internet, the Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions will take no further action on agenda items until public access is restored.

6. Standing Committee: Each standing committee of the Montclair City Council shall fall under the scope of AB 361.

7. Montclair Planning and Community Activities Commissions: The Montclair Planning Commission and the Montclair Community Activities Commission shall fall under the scope of AB 361.

BE IT FURTHER RESOLVED that this action is exempt from review pursuant to the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15061(b)(3), the “common sense” exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of June 15, 2022, or such time as the City Council adopts a subsequent resolution in accordance with GC §54953(e)(3) to extend the time during which meetings may continue to be held remotely by teleconference in compliance with that section.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3348 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 255 of 265

CITY COUNCIL

AGENDA REPORT
DATE: MAY 16, 2022
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: PER775/CYC145
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER APPROVAL OF AN EXTENSION TO THE REQUIREMENT, AS PROVIDED FOR IN RESOLUTION NO. 22–3344, FOR COUNCIL MEMBER BENJAMIN LOPEZ TO ATTEND CITY–APPROVED SEXUAL HARASSMENT PREVENTION TRAINING FROM “WITHIN THIRTY (30) CALENDAR DAYS” TO “WITHIN SIXTY (60) CALENDAR DAYS”

FOLLOWING ADOPTION OF SAID RESOLUTION
CONSIDER AUTHORIZING A $5,000 TRANSFER FROM THE CONTINGENCY ACCOUNT TO CITY ATTORNEY PROGRAM ACCOUNT NO. 1001–4801–52290–400 (LEGAL

SERVICES AND COURT COSTS) TO PROVIDE SPECIALIZED SEXUAL HARASSMENT

PREVENTION TRAINING FOR COUNCIL MEMBER LOPEZ AS REQUIRED BY RESOLUTION NO. 22–3344
REASON FOR CONSIDERATION: In order to allow more time for the development and delivery of appropriate training, staff is requesting the City Council to consider approving an extension to the time requirement for Council Member Lopez to attend City–approved sexual harassment prevention training from thirty (30) days to sixty (60) days following its adoption of Resolution No. 22–3344 on April 4, 2022; and to consider approving a transfer of $5,000 from the Contingency Account to provide specialized sexual harassment prevention training for Council Member Lopez, as required by said Resolution.

BACKGROUND: At its April 4, 2022 meeting, the City Council adopted Resolution No. 22–3344 censuring Council Member Benjamin Lopez and ratifying protective actions taken and recommended by the City Manager.

In addition to the City Manager’s protective measures, the City Council directed that other measures be incorporated into Resolution No. 22–3344, including that “Council Member Benjamin Lopez is required to attend City–approved sexual harassment prevention training, and other training as may be required by the City Manager. Training should occur within thirty (30) calendar days following adoption of this Resolution of Censure. Furthermore, such training shall be repeated annually, subject to scheduling by the City Manager. All ratified actions are to remain in place until otherwise rescinded or modified by the appropriate authority.”
Due to the need to identify and engage a law firm that has the professional staff available to develop and present a specialized sexual harassment prevention training course that addresses the matters as outlined in Resolution No. 22–3344, the City Manager was unable to provide Council Member Lopez with an appropriate sexual harassment prevention training course within the thirty–day time frame following the City Council’s adoption of Resolution No. 22–3344.

Sexual harassment prevention training for Council Member Lopez has been scheduled for Wednesday, June 1, 2022, at 10:00 a.m. at the office of Liebert Cassidy Whitmore (LCW), 6033 W. Century Boulevard, 5th Floor, Los Angeles. LCW is the City’s special legal MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 256 of 265 counsel for labor negotiations and labor and personnel matters. Training will be provided by LCW Attorney Mark Meyerhoff.

To accommodate the date of June 1, 2022, for sexual harassment prevention training for Council Member Lopez, the City Council is requested to consider approving the extension of the requirement, as provided for in Resolution No. 22–3344, for Council Member Lopez to attend City–approved sexual harassment prevention training within thirty (30) calendar days following adoption of Resolution No. 22–3344, to within sixty (60) calendar days following adoption of Resolution No. 22–3344. Furthermore, the City Council is asked to approve a transfer of $5,000 from the Contingency Account to cover the cost of specialized sexual harassment prevention training for Council Member Lopez.

FISCAL IMPACT: Production of the specialized sexual harassment prevention training program for Council Member Lopez will impose an estimated $4,200 to $5,000 impact on the City’s General Fund. The funds would be transferred from the Contingency Account to City Attorney Program Account No. 1001–4801–52290–400 (Legal Services and Court Costs).

The cost includes an estimated 6 hours for LCW legal staff to prepare the presentation at a rate of $390 per hour; two hours of personalized training at a cost of $390 per hour; and approximately 5 hours of associate time to prepare the initial customization of the presentation to meet the specific needs of the training, at $220 per hour. Any LCW– related travel time related to presentation of the training would be charged at the rate of $390 per hour.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve an extension to the requirement, as provided for in Resolution No. 22– 3344, for Council Member Benjamin Lopez to attend City–approved sexual harassment prevention training from “within thirty (30) calendar days” to “within sixty (60) calendar days” following adoption of said Resolution.

2. Authorize a $5,000 transfer from the Contingency Account to City Attorney Program Account No. 1001–4801–52290–400 (Legal Services and Court Costs) to provide specialized sexual harassment prevention training for Council Member Benjamin Lopez as required by Resolution No. 22–3344.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 257 of 265 Personnel Committee Minutes – May 2, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
MAY 2, 2022, AT 5:05 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Council Member Johnson called the meeting to order at 5:05 p.m.

II. ROLL CALL

Present: Council Member Johnson, and City Manager Starr

Absent: Mayor Pro Tem Ruh
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of April 18, 2022
Moved by Council Member Johnson, seconded by City Manager Starr, and carried unanimously to approve the minutes of the Personnel Committee meeting of April 18, 2022.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:06 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 5:30 p.m., the Personnel Committee returned from Closed Session.

Council Member Johnson stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 5:30 p.m., Council Member Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 258 of 265

PENDING

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MAY 2, 2022 AT 7:00 P.M. IN THE
CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,

CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.

II. INVOCATION
Ms. Carolyn Preschern, Inland Empire Prayer Breakfast Committee, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Congresswoman Norma Torres, U.S. House of Representatives (35th Congressional District of California), led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors Johnson, Martinez, and Lopez
City Manager/Executive Director Starr; Director of Community Development Diaz; Director of Human Services Richter; Finance Manager Kulbeck; Executive Director of Public Safety/Police Chief Avels; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. U.S. Representative Norma Torres Presentation of Funding Award for Saratoga Park Improvements
Congresswoman Torres presented Mayor Dutrey with a Certificate of Special Congressional Recognition for the City’s receipt of a $2,000,000 funding award for improvements at Saratoga Park. She congratulated the City and stated she looks forward to the project’s completion.

Mayor Dutrey thanked Congresswoman Torres for her efforts to secure the funding and thanked her for coming.

B. Proclamation Declaring May 5, 2022, as the “National Day of Prayer” in the City of Montclair
Mayor Dutrey presented Ms. Carolyn Preschern, Moderator, Inland Empire Prayer Breakfast Committee, with a proclamation declaring May 5, 2022, as the “National Day of Prayer” in the City of Montclair.

Ms. Preschern accepted the proclamation and thanked Mayor Dutrey. She invited the City Council and the community to the Inland Empire Prayer Breakfast on Friday, May 5th, at the Doubletree Hotel, 222 North Vineyard Avenue, Ontario from 7:00 to 9:00 a.m.

VI. PUBLIC COMMENT
A. Ms. Tiffany Ramos, President, Montclair Little League (MLL), thanked the City Council and Police and Fire personnel for supporting MLL and attending their events. She expressed her gratitude for the coming improvements to the Saratoga Park ball field facilities.

B. Mr. Bruce Culp, resident, noted with this year’s record drought, Montclair citizens will no doubt be asked to conserve water and he would like to ask the City Council to do their part by opposing developments that generate greenhouse gases and pollution that destroy the ozone layer and contribute to global warming. He encouraged requiring future developments to use solar power only.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 259 of 265

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 2, 2022 Page 2 of 7 C. Ms. Lisa Guevara, resident, stated she is a renter living in a home that was built in the 1960s, and is concerned that her landlord has not fixed leaks or updated any fixtures for water efficiency. She also stated concerns regarding the construction of warehouses contributing to poor air quality in the area.

Council Member Lopez suggested Ms. Guevara request a free water inspection from Monte Vista Water District, and submit the report to her landlord to encourage appropriate repairs and upgrades.

Mayor Dutrey advised building deficiencies can also be reported to the Code Enforcement Division.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
Mayor Dutrey entertained discussion on Items C–1 and C–2 prior to the vote on the Consent Calendar at the request of Council Member Lopez.

Moved by Council Member/Director Lopez, seconded by Council Member/ Director Johnson, and carried unanimously 5–0, the City Council approved the Consent Calendar, with discussion held on Items C–1 and C–2:

A. Approval of Minutes

1. Regular Joint Meeting — April 18, 2022
The City Council, Successor Agency Board of Directors, Montclair Housing Corporation Board of Directors, Montclair Housing Authority Commissioners, and Montclair Community Foundation Board of Directors approved the minutes of the April 18, 2022 regular joint meeting.

B. Administrative Reports

1. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated May 2, 2022, totaling $839,659.12; and the Payroll Documentation dated April 10, 2022, amounting to $683,022.62 gross, with $477,531.16 net being the total cash disbursement.

2. Authorizing the Use of $7,200 in State Asset Forfeiture Funds to Host the 2022 National Night Out Event
The City Council authorized the use of $7,200 in State Asset Forfeiture Funds to host the 2022 National Night Out Event.

3. Authorizing the Purchase of Uniforms for Non–Sworn Police Department Staff in the Amount of $15,580
Authorizing A $15,580 Appropriation from the Federal Asset Forfeiture Fund to Pay for the Uniforms
The City Council took the following actions:
(a) Authorized the purchase of uniforms for non–sworn
Police Department staff in the amount of $15,580.
(b) Authorized a $15,580 appropriation from the Federal Asset Forfeiture Fund to pay for the uniforms.

C. Agreements

1. Approval of Agreement No. 22–33 with the County of San Bernardino Related to Distribution of 2021 Justice
Assistance Grant Program Award Funds
Authorizing City Manager Edward C. Starr to Sign Said
Agreement
Council Member Lopez stated he is pleased the City is receiving this grant and asked what would be the intended use of the funds.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 260 of 265

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 2, 2022 Page 3 of 7 Executive Director of Public Safety/Police Chief Avels advised the Police Department annually receives this grant and the current agreement outlines the parameters for the grant’s acceptance, but no determination as to the use of the funds has been made at this time. He noted a future agenda report would come to the City Council including that information.

The City Council took the following actions:
(a) Approved Agreement No. 22–33 with the County of San Bernardino related to distribution of 2021 Justice
Assistance Grant Program Award Funds.
(b) Authorized City Manager Edward C. Starr to sign said Agreement.

2. Approval of Agreement No. 22–36 with Sewer Service
Providers Within the Inland Empire Utilities Agency Service Area for Costs Related to Negotiations for Revisions to the Chino Basin Regional Sewage Service Contract
Authorizing a $10,003 Appropriation from the Sewer Fund for Costs Related to Agreement No. 22–36
Council Member Lopez asked for the rationale behind the equal distribution of costs even though Montclair is the smallest participating city.

City Manager Starr confirmed that Montclair’s sewer system is the smallest of the participating agencies; however, these costs are relatively low and cover negotiations for the upcoming fifty–year contract, which made it more reasonable to split costs equally.

Mayor Dutrey added each participating City gets one vote on the Inland Empire Utilities Agency’s Regional Sewerage Program Policy Committee. He stated this arrangement began in the 1970s when cities with their own sewage treatment plants decided to consolidate effluent processing efforts. In the future, advanced treatment plants may also be needed to address the drought.

The City Council took the following actions:
(a) Approved Agreement No. 22–36 with sewer service
providers within the Inland Empire Utilities Agency service area for costs related to negotiations for revisions to the Chino Basin Regional Sewage Service Contract.
(b) Authorized a $10,003 appropriation from the Sewer Fund for costs related to Agreement No. 22–36.

3. Amending the 2019–2024 Capital Improvement Program to Include Traffic Signal Upgrades and Traffic Signal
Interconnect & Broadband Fiber Optic Improvements for
Both the Arrow Highway Project and the Central Avenue
Project
Approval of Agreement No. 22–37 with AGA Engineers for
the Preparation of Plans and Specifications for Construction of Traffic Signal Upgrades and Traffic Signal Interconnect & Broadband Fiber Optic Improvements for the Arrow
Highway and Central Avenue Projects, Subject to Any
Revisions Deemed Necessary by the City Attorney
Authorizing a $245,000 Appropriation from 2021 Lease
Revenue Bond Proceeds for Costs Related to Agreement No. 22–37 With AGA Engineers for the Arrow Highway And
Central Avenue Projects
Authorizing a $54,495 Design Service Contingency for
Traffic Signal Upgrades and Traffic Signal Interconnect & Broadband Fiber Optic Improvements for the Arrow
Highway and Central Avenue Projects
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 261 of 265

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 2, 2022 Page 4 of 7 The City Council took the following actions:
(a) Amended the 2019–2024 Capital Improvement Program
to include traffic signal upgrades and traffic signal
interconnect & broadband fiber optic improvements for
both the Arrow Highway Project and the Central Avenue
Project.
(b) Approved Agreement No. 22–37 with AGA Engineers for the preparation of plans and specifications for
construction of traffic signal upgrades and traffic signal interconnect & broadband fiber optic improvements for
the Arrow Highway and Central Avenue Projects, subject
to any revisions deemed necessary by the City Attorney. (c) Authorized a $245,000 appropriation from 2021 Lease Revenue Bond proceeds for costs related to Agreement
No. 22–37 with AGA Engineers for the Arrow Highway and
Central Avenue Projects.
(d) Authorized a $54,495 design service contingency for traffic signal upgrades and traffic signal interconnect & broadband fiber optic improvements for the Arrow
Highway and Central Avenue Projects.

D. Resolutions

1. Adoption of Resolution No. 22–3343 Approving a Five–Year Capital Project Needs Analysis for Fiscal Years 2022–23 through 2026–27
Adoption of Resolution No. 22–3346 Approving the Five–
Year Local Street Capital Improvement Program for Fiscal Years 2022–23 through 2026–27
The City Council took the following actions:
(a) Adopted Resolution No. 22–3343 approving a Five–Year Capital Project Needs Analysis for Fiscal Years 2022–23 through 2026–27.
(b) Adopted Resolution No. 22–3346 approving the Five–Year Local Street Capital Improvement Program for Fiscal Years 2022–23 through 2026–27.

2. Adoption of Resolution No. 22–3347 Making Factual
Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of May 2, 2022, through June 1, 2022
The City Council adopted Resolution No. 22–3347 making
factual findings in compliance with AB 361 for the continuation of public meeting teleconferencing during public health emergencies for the period of May 2, 2022, through June 1, 2022.

IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events & Programs Human Services Director Richter announced the Senior Center re–opened today for in–person senior lunch dining after more than two years. She stated going forward, the Senior Center opens to the public at 10:00 a.m. with lunch served from 11:30 a.m. to 12:30 p.m. Meals will still be provided “to go” through June 30th by reservation. She advised the Senior Center Nutrition Program is provided through a grant from the
County’s Department of Aging and Adult Services and that MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 262 of 265

PENDING

Upcoming May activities include Cinco de Mayo and Mothers’ Day celebrations, and the monthly senior birthday.

She asked everyone to save the date for the following events:
 Community Activities Commission’s 22nd Annual Memorial Day Program — Monday, May 30th, at 6:00 p.m. at the
Memorial Garden. Six new plaques will be dedicated on the Veterans’ Memorial Wall.
 8th Annual Country Fair Jamboree — Saturday, June 4th, from noon to 6:00 p.m. at “Shark Park” (Alma Hofman Park).

The event will include games, food trucks, a petting zoo, carnival rides, craft vendors, contests, and live
entertainment. The Montclair Chamber of Commerce is
coordinating event sponsorship and vendors.

B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

1. Closed Session Pursuant to Government Code Section
54956.9(d)(2) Regarding Potential Litigation
One Potential Case
C. City Manager/Executive Director — No comments
D. Mayor/Chair

1. Announcement of 4 Vacancies on the Community Activities Commission (4–Year Terms, July 1, 2022 through June 30, 2026)
Mayor Dutrey announced there are four vacancies on the
Community Activities Commission (CAC) and encouraged
residents to apply at www.cityofmontclair.org by the deadline at 5:30 p.m. on May 18, 2022 at 5:30 p.m.

2. Mayor Dutrey made the following comments:
(a) He attended the Montclair to College (MTC) graduation at the Canyon last Wednesday, which was a great event.
(b) He stated tonight’s meeting would be adjourned in
memory of Wylie Pennington, the husband of a former
City employee—both longtime Montclair residents.

E. Council Members/Directors

1. Council Member/Director Lopez made the following comments:
(a) He asked if COVID relief funds were being used for the traffic signal project amended earlier this evening.

City Manager Starr advised the referenced project is
intended for the City’s operational use and COVID funds could be used if possible to expand the system for public use.
(b) He reported that many candidates for the upcoming
primary election are posting signs in the community that exceed the City’s permitted dimensions.
(c) He thanked Congresswoman Torres for helping secure
funds for park improvements, noting MLL parents and kids are very excited. He added that Ms. Ramos, who spoke
earlier this evening, started a tutoring program for kids in the league.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 263 of 265

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 2, 2022 Page 6 of 7 (d) He gave his regrets to Ms. Preschern, noting he cannot attend the Inland Empire Prayer Breakfast, but he
appreciates the fact that they pray for elected officials and mail prayer cards from the event.
(e) He pointed out that he is wearing a traditional Mexican Charro bow tie in honor of the upcoming Cinco de Mayo,
which marks the anniversary of the Mexican Army’s victory over the French during the Battle of Puebla in 1862. He added that the day is not widely celebrated in Mexico but is generally celebrated by Mexican–Americans. He urged
the community to celebrate safely and to not drink and
drive.

2. Council Member/Director Johnson made the following
comments:
(a) Recalling the Burrtec workshop about organic waste
recycling in January, she noted she now feels more
comfortable with the process of collecting food waste in separate bags until trash day, comparing it to the
adjustment back when the laws changed to require
separating newspaper and other recyclables.
(b) She stated at the Arbor Day celebration on Friday, the City planted three fruit trees at Sunset Park. She noted some schoolyard children were curious about what they were
doing, and became excited when they were told about the new fruit trees.

3. Council Member/Director Martinez made the following
comments:
(a) She wished everyone a happy Asian American and Pacific Islander Heritage Month.
(b) She attended the well–attended MTC graduation event and was happy to see how proud the students and their parents were.
(c) She noted on April 21st and 29th she presented
scholarships to students at Montclair High and Vernon
Middle Schools on behalf of the Women’s Club of
Montclair.
(d) She thanked Congresswoman Torres for her efforts to secure funding to improve Montclair’s parks.
(e) She thanked Ms. Ramos for her dedication to the children of the community.
(f) She stated the City is continuing to ensure that Council Member Lopez obeys the terms of his censure.

4. Mayor Pro Tem/Vice Chair Ruh made the following comments:
(a) He noted April was National Fair Housing Month.
(b) He thanked Congresswoman Torres, adding the funding will also provide for ADA improvements at the park.
(c) He stated during the drought, Monte Vista Water District allows watering of lawns one day per week.
(d) He reported COVID cases are again climbing and urged those who are able to get inoculated or boosted to do so. (e) He acknowledged the historical aspect of Cinco de Mayo. (f) He expressed his appreciation for being able to participate in this meeting remotely while he is 3,000 miles away on a business trip.

MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 264 of 265

PENDING

1. Minutes of Personnel Committee Meeting of April 18, 2022 The City Council received and filed the minutes of the Personnel Committee meeting of April 18, 2022, for informational
purposes.

XI. CLOSED SESSION
At 7:46 p.m., the City Council went into closed session to discuss potential litigation.

XII. CLOSED SESSION ANNOUNCEMENTS
At 8:00 p.m., the City Council returned from closed session. Mayor Dutrey announced the City Council met in closed session to discuss potential litigation; information was received and direction given to staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 8:00 p.m., Mayor/Chair Dutrey adjourned the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board.

The meeting was adjourned in memory of Mr. Wylie Pennington, a longtime Montclair resident and cherished member of the community.

Submitted for City Council/Successor Agency
Board/Montclair Housing Corporation Board/
Montclair Housing Authority Commission/
Montclair Community Foundation Board approval,

Andrea Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 265 of 265 t- (!)
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TABLE OF CONTENTS
SCHEDULE 1
STATEMENTS OF COMPLIANCE WITH INVESTMENT POLICY AND INVESTMENT STRATEGY FOR APRIL 30, 2022 SCHEDULE2

STATEMENT OF CASH AND INVESTMENTS BY FUND
SCHEDULE3

STATEMENT OF CASH AND INVESTMENT ACCOUNTS
GRAPH

CASH AND INVESTMENTS BY TYPE

COMPLIANCE STATEMENT

CITY OF MONTCLAIR

STATEMENTS OF COMPLIANCE WITH THE INVESTMENT POLICY

AND INVESTMENT STRATEGY
APRIL 30, 2022
The City has the following amount invested in various financial instruments. This conforms with the investment policy approved by the City Council.

Total Investments $ 32,820,857
During the current month the City was in compliance with the internal control procedures set forth in the Investment Policy.

INVESTMENT STRATEGY FOR THE UPCOMING MONTH
SCHEDULE 1
During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund and other investments authorized in the Investment Policy. The City has sufficient monies available to meet expenditures during the next six month period.

SCHEDULE2

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENTS BY FUND
AS OF APRIL 30, 2022
Beginning lnterfund Ending
Fund Balance Receil!ts Disbursements Transfers Balance
General Fund $ 3,830,820.33 $ 4,095,016.75 $ 2,449,389.85 $ $ 5,476,447.23 (1) Gas Tax Fund (235, 776.53) 65,300.49 93,669.36 (264, 145.40) (2) Road Maintenance - Section 2032 1,058,663.18 67,837.45 18,997.00 1, 107 ,503.63 Measure I Fund 4,389,295.42 73,001.98 4,462,297.40
Traffic Safety 89,840.59 4,887.97 94,728.56
Disability Access Fund - Bus. License 43,567.90 836.00 44,403.90 Park Maintenance 78,710.83 5,991.62 72,719.21
Park Development 1, 154,807.06 1, 154,807.06
CDBG (57,490.36) 17,716.83 10,202.71 (49,976.24) (2)
SB2 Planning Grant (20,842.50) (20,842.50) (2)
Air Quality Improvement Trust 126,705.07 3,502.03 123,203.04 SB Cly Cares Act Infrastructure (23,385.40) (23,385.40) (2) Senior Nutrition Program (88,012.74) 3,754.25 19,813.29 (104,071.78) (2) American Resue Plan 2,408,090.00 2,408,090.00
Forfetture Fund - State 117,684.11 85.00 117,769.11
Proposition 30/SB 109 105,575.65 105,575.65
SB 509 Public Safety 263,333.19 38,278.00 122,586.11 179,025.08 Forfeiture Fund-Federal/DOJ 309,333.43 309,333.43
Asset Seizure Fund 0.07 0.01 0.08
Section 11489 Subfund 42,092.46 15.00 42,107.46
Fed Asset Forfeiture-Treasury 116,923.62 14,474.43 131,398.05 School District Grant Fund 49,158.00 49,158.00
State Supplemental Law Enforce 410,221.33 410,221.33
PC 1202.5 Crime Prevention 2, 198.43 2,198.43
Recycling Grant Fund 66,096.67 10,121.00 76,217.67
Homeless Emergency Aid Program (11,361.00) (11,361.00) (2) Bureau of Justice Assistance (111.00) (111.00) (2)
Statewide Park Dev Grant 180,634.00 180,634.00
Homeless Housing Assist Preven 3,750.05 7,200.00 (3,449.95) (2) LEAP Grant (22,992.50) 2,569.00 (25,561.50) (2)
After School Program Fund 481,817.37 297,533.08 96,191.01 683,159.44 OTS Grant
FIRST 5 Fund 1,290.78 1,290.78
Safety Dept. Grants 269,561.95 8,687.25 260,874.70
OSMD Immunization Grant 1,370.50 1,370.50 (2)
Kaiser Permanente Grant 4,619.88 178.53 4,441.35
Resource Center Grant - OMSD 25,818.13 2,176.26 23,641.87 Tttle lllB Sr Support Services (4,242.11) 2,912.33 (7,154.44) (2) Community Foundation Grant 15,543.01 15,543.01
ASES Supplemental Grant 98,116.73 28,221.04 126,337.77
E.M.S. - Paramedic Fund 5,946.31 3,240.42 2,806.19 6,380.54 (3) Economic Development 4,416,184.91 63,075.37 4,353, 109.54 City Contributions/Donations Fund 500.00 500.00
Sewer Operating Fund 2,390,361.18 407,062.21 80,326.41 2,717,096.98 Sewer Replacement Fund 2,244,611.29 2,244,611.29
CFO 2011-1 (Paseos) 103,270.89 70,288.67 1,876.07 171,683.49 CFO 2011-2 (Arrow Station) 74,148.46 16,849.85 90,998.31 Inland Empire Utility Agency 1,553,611.08 232,942.06 1,320,669.02 Sewer Expansion Fee Fund 608,601.16 608,601.16
Developer Impact Fees - Local 1,172,464.90 1,172,464.90 Developer Impact Fees - Regional 77,950.83 77,950.83
Bun1ec Pavement Impact Fees 138,757.88 19,591.73 158,349.61 PUC Reimbursement Fund-MVGS 324,111.38 324,111.38
Utility Underground In-Lieu 340,516.52 340,516.52
General Plan Update Fee 97,495.54 923.95 98,419.49
Housing Fund 555,708.20 555,708.20
Public Education/Govt. PEG Fee Fund 78,061.95 78,061.95 Infrastructure Fund (400,925.57) 127,686.18 171,104.54 (444,343.93) (4) COVID-19 (86,677.81) 1,977.52 (88,655.33)
Successor Agency Bonds-Taxable 4,798,780.57 4,798,780.57 Successor Agency Bonds-Tax Exempt 8, 148, 134.11 25,412.00 8,122,722.11 2014 Lease Revenue Bond Proceeds (284,589.74) (284,589. 7 4) 2021 Lease Revenue Bond Proceeds (246,244. 07) 16,926.80 35,000.00 (228, 170.87) 2014 Lease Revenue Bond Debt Svc (926, 766.85) 197,288.36 3,500.00 (732,978.49) (5) 2021 Lease Revenue Bond Debt Svc 1,728,755.75 3,500.00 1, 725,255. 75 Pension Obligation Bond Debt Svc 3,500.00 (3,500.00)
Contingency Fund 233,836.96 233,836.96 (1)
Assigned General Fund Reserves 12,070,565.50 23,567.96 45,541.64 (35,000.00J 12 013 591.82 (1) TOTALS $ 54,498,596.93 $ 5,583,578.61 $ 3,496,554.95 $ $ 55,585,620.59 Negative Cash Notes follow this presentation.

Notes on Negative Cash Balances
(1) The General Operating Fund may have a negative cash for the majority of the fiscal year awaiting property and sales tax collections. This is covered by the Contingency Fund and other General Fund Reserve Funds until those collections are received. As Contingency and General Reserves exceed this negative, the City is not utilizing restricted resources. (2) These are reimbursable grant funds that utilize general pool monies initially to cover expenditures pending reimbursement from the granting agencies. Therefore, it is not uncommon for these to be negative until that reimbursement is received. (3) This fund has operational deficits annually. At the end of the fiscal year it is restored by a General Fund Transfer. (4) The Infrastructure Fund receives transfers from other funds to accomplish infrastructure projects. Those transfers are usually recorded when the projects nears completion or prior to mid-year budget preparation. Any negative in that fund will be eliminated at those times. Transfers from these funds (C.D.B.G., Gas Tax, Measure I, etc.) may go negative on cash pending collections of these revenues. In this way we can determine if obligations for projects are exceeding current resources. (5) This debt service operation utilizes transaction and use taxes which are part of the sales tax and Successor Agency property taxes. These have been sufficient in prior fiscal years to cover the necessary debt service; however, they are not completely received until fiscal year-end. Once debt service is covered the excess will be transferred to the General Fund.

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENT ACCOUNTS
AS OF APRIL 30, 2022
Par Value

CHECKING ACCOUNT
Checking Account
Asset Seizure Account
Purchase
Date
CASH W/FISCAL AGENT, CD's, LAIF DEPOSITS, AND
SHORT-TERM U.S. AGENCY SECURITIES
Local Agency Investment Fund (LAIF)
First American Government
U.S. AGENCY SECURITIES
TOTAL
Current market values obtained from US Bank.

Maturity
Date
Coupon
Interest
Rate

0.610%
Current
Market
Value
30,741,928.67
2,000,000.00
$ 32,741,928.67
$
Balance
at Cost
30,820,857.19
2,000,000.00
SCHEDULE 3
Totals
$ 23, 762,294.67
$ 2,468.73
$ 32,820,857.19
$
$ 56,585,620.59

CITY OF MONTCLAIR

CASH AND INVESTMENTS BY TYPE
April 30, 2022
Total Cash & Investments $56,585,620
• Investments

3.50%

54.50%
D Checking

42.00%

CITY OF MONTCLAIR AS SUCCESSOR TO

THEREDEVELOPMENTAGENCY

TREASURER'S REPORT

FOR THE MONTH ENDING
April 30, 2022

CITY OF MONTCLAIR AS SUCCESSOR TO

THE REDEVELOPMENT AGENCY

STATEMENT OF CASH BY FUND
April 30, 2022

COMBINED OPERATING FUND
Operating
LRPRP Fund
RORF
Operating
RORF Area I
RORF Area II
RORF Area Ill
RORF Area IV
RORF Area V
RORF Area VI

TOTAL CASH
4,095.90

0.00 620,730.84

0.00 0.00

0.00 0.00
$ 4,095.90
$ 0.00
$ 620,730.84
$ 624,826.74
========
Checking Account
US Bank

CITY OF MONTCLAIR AS SUCCESSOR TO

THE REDEVELOPMENT AGENCY

STATEMENT OF CASH
April 30, 2022
Reimburse City for 4/28/22 Payroll
Book transfer was made in May.

TOTAL CASH
NOTE: Book transfer was made to reimburse City for 4/28/22 payroll on 5/3/22. 627,368.65
(2,541.91)
624,826.74
In accordance with State law, the Successor Agency receives the monies necessary to cover its obligations for the upcoming six month period. The monies are received in January and June of each year.

The Successor Agency has sufficient funds available to meet expenditures during the upcoming six-month period.

CITY OF MONTCLAIR AS SUCCESSOR TO

THEREDEVELOPMENTAGENCY

WARRANT REGISTER

FOR THE MONTH ENDING
April 30, 2022
City of Montclair
Final Warrant Register
Council Date 05/16/2022
Regular Warrants
Checking Account: Successor to the RDA
SRDA Combined Operating Fund
RORF
(Redevelopment Obligation
Retirement Funds)
Warrants

0.00 0.00

0.00 April 2022 Total
Note: Reimburse City for 4/14 payrolls
Reimburse City for PERS UAL Lump Sum Payment
Vice Chair Ruh
US Bank
transfers
20,630.72

0.00 20,630.72
Area Totals
20,630.72

0.00 20,630.72
Book Transfer Daily Activity Detail

CITY OF MONTCLAIR
Single Point
Reported Activity From 04/01/2022 To 04/30/2022
Printed on 05/04/2022 at 4:47 PM PDT
ba·.· .. n·· .. k····. -· , \ : . ; ' ..

Effective Date Amount From: Debit Account Number To: Credit Account Number Status 04/14/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
$3252.72 153499275813

CITY OF MONTCLAIR SUCCESSOR AGENCY
DOA

CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Reimb City for 04/14/2022 Payroll
04/14/2022
04:40PM CDT

JKULBECK
04/14/2022
04:40PM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 04/06/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
Total Number of Book Transfers:

Total Amount of Book Transfers:
--- End of Report ---

Page 1 of 1 ends

Montclair City CouncilMay 16, 2022

Montclair City Council
May 16, 2022