Montclair City Council
July 18, 2022

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS
AGENDA
MONDAY, JULY 18, 2022
7:00 p.m.

Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Bill Ruh,
Council Members
Tenice Johnson
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, July 18, 2022
7:00 p.m.

Remote Participation Information:

Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
If you want to submit a public comment or speak on an agenda item, including public hearing and closed session items, please complete a Speaker Card in the Council Chambers or online at https://www.cityofmontclair.org/public-comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.

Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council-meetings/ and can be accessed by the end of the business day following the meeting.

AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Community Activities Commission Presentation of 2022 Home Beautification Awards VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will pull the item from the Consent Calendar and will then call on you to speak at the time of the item’s consideration.

Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.

VII. PUBLIC HEARINGS
A. Consider Adoption of Resolution No. 22–3372 Amending the Master User Fee Schedule to Provide Clarification of an Existing In–Lieu Fee for Inclusionary Housing [CC] 5

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MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 1 of 259 Page No.

B. Consider Adoption of Resolution No. 22–3367 Making Findings Pursuant to the California Environmental Quality Act and Approving a Precise Plan of Design for a Proposed 137–Unit Residential Apartment Project Within the North Montclair Downtown Specific Plan on 2.85 Acres at the Southwest Corner of Arrow Highway and Monte Vista Avenue [CC] 10
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — June 20, 2022 [CC/SA/MHC/MHA/MCF] 243

2. Adjourned Joint Meeting — June 22, 2022 [CC/MHC] 253

3. Special Joint Meeting — June 28, 2022 [CC/MHC] 258
B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 52

2. Consider Approval of Warrant Registers & Payroll Documentation [CC] 53

3. Consider Receiving and Filing of Treasurer’s Report [SA] 54

4. Consider Approval of Warrant Register [SA] 55

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 56

6. Consider Approval of Warrant Register [MHC] 57

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 58

8. Consider Approval of Warrant Register [MHA] 59

9. Consider Approval of the Filing of a Notice of Completion for the Pacific Electric Trail Bridge Replacement Project with the San Bernardino County Recorder’s Office [CC]
Consider Authorizing the Release of Retention of the Payment Bond 30 Days After Recordation of the Notice of Completion [CC] 60

10. Consider Receiving and Filing the San Antonio Creek Trail Feasibility Study by Alta Planning + Design, Inc. [CC] 62

11. Consider Approval of Tract Map No. 20384 for 10680 Silicon Avenue [CC] Consider Authorizing Staff to Record Tract Map No. 20384 with the San Bernardino County Recorder’s Office [CC] 67

12. Consider Authorizing a $23,680 Appropriation from the Contingency Fund for Emergency Replacement of 20 Premier Link Controllers for Air Conditioning Units Damaged by the Thunderstorm on June 22, 2022 [CC] 71 C. Agreements

1. Consider Approval of Agreement No. 22–40 with Corelogic Solutions, LLC for ParcelPoint GIS Mapping Data Access for Use in CAD/RMS and Next Generation 9–1–1 Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $2,010 Appropriation from the Prop 30/AB 109 Fund to Pay the Costs Associated with Agreement No. 22–40 [CC] 73 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 2 of 259 Page No.

2. Consider Award of Contract to Mariposa Landscapes, Inc., in the Amount of $47,558 for Construction of the Fire Station No. 2 Landscaping Project [CC]
Consider Approval of Agreement No. 22–55 with Mariposa Landscapes, Inc. for Construction of the Fire Station No. 2 Landscaping Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing an Additional $30,000 Appropriation from 2021 Lease Revenue Bond Funds for Costs Related to the Project [CC] Consider Authorization of a $12,442 Construction Contingency for the Project [CC] 87

3. Consider Approval of Agreement No. 22–61 with Econolite Systems for Traffic Signal Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 95

4. Consider Approval of Agreement No. 22–71 with Civic Publications, Inc., to Provide Public Education and Community Outreach Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 99

5. Consider Approval of Agreement No. 22–72 with E–Homes, Inc., to Provide Real Estate Brokerage Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 103

6. Consider Approval of Agreement No. 22–74 with Nutrition Ink to Provide Nutrition Education Services for the City’s Senior Citizen Nutrition Program, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 107

7. Consider Approval of Agreement No. 22–75 with Catering Systems, Inc., to Provide Meals for the City’s Senior Citizen Nutrition Program, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 114

8. Consider Approval of Agreement No. 22–76 with Suzanne Yoakum to Provide Case Management Services for Senior Citizen Programs, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 136

9. Consider Approval of Agreement No. 22–77 with Misha L. Penn to Provide Grant Management and Fiscal Compliance Services for the Human Services Department, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 150

10. Consider Approval of Agreement No. 22–78 with Ontario–Montclair School District to Provide a Licensed Clinical Social Worker for the Montclair Community Collaborative’s Case Management Program, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 164

11. Consider Approval of Agreement No. 22–79 with San Bernardino County Transportation Authority, Amendment No. 4 to Agreement No. 15–64 (SBCTA Cooperative Agreement No. 15–1001297) for the Monte Vista Avenue/Union Pacific Railroad Grade Separation Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 170

12. Consider Approval of Agreement No. 22–80 with Revenue & Cost Specialists, LLC to Conduct a Comprehensive Cost–of–Service Study Related to Fees Charged by the City of Montclair, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 174
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 3 of 259 Page No.

D. Resolutions

1. Consider Adoption of Resolution No. 22–3368 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 216

2. Consider Adoption of Resolution No. 22–3370 Adopting a Grant Management Policy [CC] 222

3. Consider Adoption of Resolution No. 22–3371 Rescinding and Superseding Resolution No. 21–3294 Identifying and Correcting Updated Terms and Conditions for a Fire Department Response Away from its Official Duty Station when Assigned to an Emergency Incident [CC] 233

4. Consider Adoption of Resolution No. 22–3373 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health Emergencies for the Period of July 18, 2022, through August 17, 2022 [CC] 236
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney

1. Request for City Council to Meet in Closed Session Pursuant to Government Code Section 54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC]
Agency: City of Montclair
Employee Management
Associations: Montclair City Confidential Employees Association Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Real Estate Committee Meeting — November 15, 2021 [CC] 240

2. Personnel Committee Meeting — June 20, 2022 [CC] 242 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, August 1, 2022, at 7:00 p.m.

Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.

If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, July 14, 2022.

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MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 4 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: FLP280/FLP113
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3372 AMENDING THE MASTER USER FEE SCHEDULE TO PROVIDE CLARIFICATION OF AN EXISTING IN–LIEU FEE FOR

INCLUSIONARY HOUSING
REASON FOR CONSIDERATION: In order to effectively implement and administer the purpose and intent of the City’s Master User Fee Schedule, staff annually reviews and, when necessary, proposes revisions to certain portions of the Master User Fee Schedule to provide more accurate user fees and, in certain circumstances, to comply with changes that have occurred in county, state, or federal law over the course of the prior year.

As part of the review process, staff was made aware of recent legislation that reinstated the ability of cities and local agencies to implement inclusionary housing requirements for residential rental properties. As such, staff is recommending amending the Master User Fee Schedule to reinstate an inclusionary housing in–lieu fee that the City of Montclair previously charged to developers of residential rental properties.

A copy of proposed Resolution No. 22–3372 amending the Master User Fee Schedule and Exhibit A to the Resolution are attached for City Council review and consideration.

BACKGROUND: Article XI, section 7 of the California Constitution grants each city and county the power “to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” This is generally referred to as the police power of local governments. The Planning and Zoning Law (Government Code, §§ 65000 to 66035) sets forth minimum standards for cities and counties to follow in land use regulation, but the law also establishes the Legislature’s intent to “provide only a minimum of limitation in order that counties and cities may exercise the maximum degree of control over local zoning matters” (Government Code § 65800).

Many jurisdictions, pursuant to their police power, adopted inclusionary housing ordinances that require residential developers to ensure that a certain percentage of housing units in a new development be affordable to moderate– and lower–income households. Most, if not all, of such requirements applied to both for–sale and rental housing units.

Despite the many local inclusionary requirements, court decisions have changed the environment regarding rental inclusionary requirements. In 2009, in Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396, the Second District California Court of Appeal opined that the City of Los Angeles’ inclusionary housing ordinance associated with a specific plan, as applied to rental housing units, conflicted with, and were preempted by, a state law known as the Costa–Hawkins Rental Housing Act. The Costa–Hawkins Act, adopted in 1995, allows landlords to set the initial rent for a new unit and to increase the rent to market levels whenever a unit is vacated. The Court of Appeals concluded that the City of Los Angeles’ inclusionary ordinance clearly conflicted with the developer’s right to set the rental rate for their units because the City MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 5 of 259 of Los Angeles would limit the rent that they could charge for the affordable units. After the Palmer decision, most jurisdictions with inclusionary housing ordinances that included rental housing units stopped applying the inclusionary requirements on rental housing units.

As with many cities at the time, the City of Montclair stopped enforcing its inclusionary housing ordinance for rental housing units and only enforced inclusionary housing requirements on for–sale housing units. At the time of the court ruling in Palmer/Sixth Street Properties, L.P. v. City of Los Angeles, the City of Montclair had in place Ordinance No. 05–866, an Inclusionary Housing Ordinance requiring developers of residential developments (both for–sale units and rental units) to provide for the following:
 Require that a minimum of 15 percent of all approved residential development in the City’s redevelopment project areas be restricted to and affordable to very low–, lower– and moderate–income households;
 Require that a minimum of 40 percent of the foregoing units be restricted to and affordable to very low–income households;
 Under certain conditions, allow alternatives to on–site construction as a means of providing affordable units for very low–income households; and  In specific cases, allow inclusionary requirements to be satisfied through the payment of an in–lieu fee as an alternative to requiring affordable units to be constructed.

At the time, the City of Montclair had in place an inclusionary housing in–lieu fee of $15,400 that developers could pay instead of electing to provide the affordable units pursuant to Ordinance No. 05–866.

In 2010, the City of San Jose adopted an inclusionary housing ordinance that applied a 15 percent inclusionary requirement for lower– and moderate–income households. The California Building Industry Association (CBIA) filed a lawsuit California Building Industry Assn. v. City of San Jose, 61 Cal. 4th 435 (2015) alleging that inclusionary requirements were an “exaction” that needed to be justified by the impact of the project, like traffic fees. The California Supreme Court ruled that inclusionary requirements were not “exactions.” Rather, the ruling stated that enforcing affordable housing requirements to address a growing housing problem is “constitutionally legitimate” so long as it “bears a real and substantial relationship to the public interest,” and cited the need to increase the number of affordable units given the severe scarcity of affordable housing in California, and the desirability of having economically diverse communities.

In 2016, the CBIA appealed the California Supreme Court decision to the Supreme Court, where the CBIA’s appeal was denied.

In 2017, Governor Brown signed into law AB 1505 (Bloom) Land Use: Zoning Regulations, which in effect reversed the Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) decision allowing cities and counties to reinstate inclusionary housing requirements for for–sale and rental housing units.

AB 1505 provides clear authority that all cities and counties, including charter cities and counties, may adopt ordinances that require, as a condition of development, a certain percentage of rental units to be affordable to lower– or moderate–income households, including very low– and extremely low– income households.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 6 of 259 In clarifying this authority, AB 1505 also recognized the importance of flexibility and mitigating development costs in meeting inclusionary housing requirements. The law states that inclusionary housing ordinances with rental housing components must provide alternative means for compliance. Local governments may seek alternative means of compliance such as in–lieu fees, land dedication, off–site construction, or acquisition and rehabilitation of existing units.

Affordable Housing Projects in Montclair
The City of Montclair has historically taken a hands–on approach in preserving existing housing and in creating affordable housing opportunities for residents. The former Montclair Redevelopment Agency (RDA) embarked on a 30–year project of purchasing dilapidated apartment buildings and single–family homes, rehabilitating them, and recording long–term affordability covenants on those properties. The RDA would rent the apartments and homes to very low–, low–, and moderate–income–qualifying families.

Over the years, the RDA acquired 98 units—a combination of very low– to moderate– income apartment units and low– to moderate–income single–family residences. In addition, the RDA partnered with several non–profits including Augusta Communities and National Community Renaissance (National CORE) to further develop and help fund the development of affordable housing projects in the City of Montclair.

With the dissolution of community redevelopment agencies in 2011 (AB 1X 26) as a result of the California Supreme Court’s decision in California Redevelopment Association v.

Matosantos, the City of Montclair’s approach to providing affordable housing options was halted. Properties formerly owned by the RDA were transferred to the Montclair Housing Authority (MHA).

Up until recently, the City of Montclair did not have a funding mechanism in place to further achieve the goals of the former RDA of expanding the housing stock owned by the City and helping to fund the development of affordable housing units by partnering with non–profits. With the recent repayment of a residual receipt loan from Augusta Communities to the City of Montclair of roughly $3.1 million and the recent change in state law allowing for the collection of in–lieu fees for rental housing developments, MHA has the potential to develop a mechanism to fund the future acquisition of additional housing units to incorporate into the MHA housing stock and to partner with non–profits to develop additional affordable housing projects.

As such, staff is recommending amending the Master User Fee Schedule to reincorporate the City of Montclair inclusionary housing in–lieu fee of $15,400, which the City of Montclair previously charged to developers for both for–sale and rental units by clarifying that the inclusionary housing in–lieu applies to both for–sale and rental units.

FISCAL IMPACT: The proposed 2022 Master User Fee Schedule Revision includes a revision of the City of Montclair’s current inclusionary housing in–lieu fee of $15,400.00 If adopted, Resolution No. 22–3372 amending and adopting the Master User Fee Schedule would have an unknown, but positive, fiscal impact on the amount of inclusionary housing in–lieu fees received by developers of for–sale and rental units who choose to pay the inclusionary housing in–lieu fees instead of electing to construct or provide for the required affordable housing units pursuant to Ordinance No. 05–866.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3372 amending the Master User Fee Schedule to provide clarification of an existing in–lieu fee for inclusionary housing.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 7 of 259 Resolution No. 22–3372 Page 1 of 1
RESOLUTION NO. 22–3372

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AMENDING THE

MASTER USER FEE SCHEDULE TO PROVIDE
CLARIFICATION OF AN EXISTING IN–LEIU

FEE FOR INCLUSIONARY HOUSING
WHEREAS, the City of Montclair has the statutory authority to impose fees, charges, and rates under its regulatory and police power as authorized by the State of California; and
WHEREAS, user fees are imposed for services rendered by the City of Montclair that will benefit a specific individual or group of individuals; and WHEREAS, there is a need for the City of Montclair to recoup reasonable costs related to the provisions of specified services; and
WHEREAS, user fees are imposed to assign the cost of providing services to the specific individual or group of individuals receiving the benefits of said services, rather than funding said services from General Fund revenues; and WHEREAS, it is the City Council's direction that all user fees, to the extent possible, are to be reviewed and amended annually, consistent with the User Fee Cost Recovery Policy; and
WHEREAS, the City Council has determined that such user fees are based on reasonable costs to the City for providing said services; and WHEREAS, the City of Montclair finds it necessary to correct and/or adjust fees or add new fees to the current Master User Fee Schedule that was adopted pursuant to Resolution No. 18–3201.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine as follows:

Section 1. Master User Fee Revisions. The Master User Fee Schedule Revisions, attached hereto as "Exhibit A," is hereby adopted and all fees and revisions contained therein shall be incorporated into the City’s current Master User Fee Schedule.

Section 2. Effective Date. This Resolution shall be in full force and effect immediately upon adoption.

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. 22–3372 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 – 07/18/2022 Page 8 of 259 Exhibit A
Resolution No. 22–3372
2022 Master User Fee Schedule Revisions

Fee
# Section/Title Change Description Current Fee Proposed Fee Proposed
Fee
Change
Housing Fees
2 Housing Fees /
Inclusionary
Housing*
Delete
asterisk (*)
from title.

AB 1505 restores the
authority of cities and
counties to require the
inclusion of affordable
housing in new rental
housing projects,
thereby superseding
the 2009 California
Appellate Court
decision of
Palmer/Sixth Street
Properties, L.P., et al.
v. City of Los Angeles.
$15,400 $15,400 None
3 Housing Fees
Delete
“*Applies
Only to 15%
of Newly
Constructed
for Sale Units
of Ten or
More.”
No longer need to
restrict fee to for–sale
units.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 9 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: B
FILE I.D.: LDU375
DEPT.: COMMUNITY DEV.

PREPARER: M.DIAZ
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3367 MAKING FINDINGS PURSUANT

TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A PRECISE PLAN OF DESIGN FOR A PROPOSED 137–UNIT RESIDENTIAL APARTMENT PROJECT WITHIN THE NORTH MONTCLAIR DOWNTOWN SPECIFIC PLAN ON 2.85 ACRES AT

THE SOUTHWEST CORNER OF ARROW HIGHWAY AND MONTE VISTA AVENUE REASON FOR CONSIDERATION: All land use and design review entitlements within the boundaries of the North Montclair Downtown Specific Plan (NMDSP) require City Council review and approval. The City Council is requested to consider adoption of Resolution No. 22–3367 making findings pursuant to the California Environmental Quality Act and approving a Precise Plan of Design for a proposed 137–unit residential apartment projects within the North Montclair Downtown Specific Plan on 2.85 acres at the southwest corner of Arrow Highway and Monte Vista Avenue.

A copy of proposed Resolution No. 22–3367 is attached for City Council review and consideration.

BACKGROUND: Kendry II Apartments Owner, LLC, is proposing to build a 137–unit residential apartment project on approximately 2.85 acres of land at the southwest corner of Arrow Highway and Monte Vista Avenue. The project’s working name is Alexan–Kendry Expansion, and it is designed to operate in conjunction with the existing Alexan–Kendry apartment community located immediately south of the project site, which was completed in 2020. The project is part of the Trammell Crow Residential (TCR) portfolio of multifamily residential projects, and the fourth TCR project in the North Montclair Downtown Specific Plan (NMDSP) area.

Currently, the project site consists of four abutting parcels owned by a single owner merged to form a single site for development. Existing buildings/structures and parking surfaces will be removed. The site is within the boundaries of the North Montclair Downtown Specific Plan (NMDSP) and has two zoning designations—Corridor Residential (CR) and Town Center (TC)—each of which applies to one half of the site.

On June 13, 2022, the Planning Commission conducted a public hearing on the proposed project and by a unanimous vote of 5–0 recommended the City Council make findings pursuant to the California Environmental Quality Act and approve the project under Case No. 2021–36 pursuant to Resolution No. 22–1969.

Project Description
The proposed project is a podium–style development with 137 residential units above a single–level, partially submerged parking garage with 240 parking spaces. Access to resident and guest parking will be from the west side of the project off Magnolia Avenue that connects to Arrow Highway and Cypress Street.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 10 of 259 The residential units will be within two building types, as generally described in the following tables:

Alexan Expansion — Summary of Building Types
Building Type Stories Units Unit Type
Multi-Story 4 110 Units Flats 1
Townhouse 2 27 Units Townhouse 2
1 Flat – an individual residence with a set of rooms on one floor level within a larger building containing a number of such residential units.
2 Townhouse – a style of multi–floor residential unit sharing one or two walls with adjacent townhouse units but with their own entrances.

Alexan Expansion — Summary of Unit Mix and Sizes
Floor Plan 1 Size Range Number of Units
Studio /1 Bathroom +/– 557 s.f. 12
2 Bedrooms/2 Baths +/– 1,036 s.f. 90
3 Bedrooms/2 Baths +/– 1,282 s.f. 8
2-Bedroom Townhomes & 2.5 Baths +/– 1,363 s.f. 27
Total 137 units
1 Each unit will have a private patio or balcony space of varying sizes depending on location. Private patios at ground level would be defined by low decorative walls and landscaping.

The multi–story buildings are located near and oriented toward Arrow Highway and Monte Vista Avenue. The townhouse units are generally located at the center and southern edge of the site. The maximum height for the highest part of the multi–story buildings facing Arrow Highway is 52 feet.

Each multi–story building provides a community room for small gatherings, with kitchen facilities and game tables. The primary activity center for the Alexan–Kendry Expansion project is located in the adjacent community building at the Alexan–Kendry project site where a fitness center, kitchen, meeting rooms, game room, mailroom, and studio/project workspace are located. In addition, Alexan–Kendry Expansion residents would also have access to the existing private park located across Magnolia Avenue in close proximity to the project. Existing park amenities include a turf area, tables/seating, a fenced dog park, and trees and shrubs. Lastly, Burrtec, the City’s solid waste hauler, will remove trash enclosures that are located within the parking structure and collected solid waste materials.

Parking is within a single–level, partially submerged parking garage designed to accommodate 240 parking spaces, with no request for a parking reduction. Electric vehicle (EV) charging stations are proposed within the parking garage to accommodate electric vehicles.

Alexan Expansion – On–Site Parking Summary
Use Required Spaces Provided Spaces
137 Dwelling Units
(@1.5 Spaces per Unit) 206 Spaces
184 Standard Spaces
(including 8 disabled parking spaces)
22 Tandem Spaces1
Guests2
(@1 space per 4 Units) 34 Spaces 34 Spaces
Totals 240 Spaces 240 Spaces
1 Tandem spaces will only be assigned to the same dwelling unit. 2 Chapter 5.4.010.A.3.1 of the NMDSP allows on–street parking located along the frontage of a development to count towards short–term guest parking requirement
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 11 of 259 As a standard requirement for projects in the NMDSP, a Parking Management Plan (PMP) is required to manage parking for the project. The on–site manager of the property management company hired for the development will administer the PMP. As part of the initial rental application process, each renter of a unit within the project are given written notice of on–site parking conditions and requirements at the complex. All executed lease agreements will contain the entire PMP as an exhibit to the lease agreement, including a signed acknowledgment that the resident(s) agree to the terms of the PMP.

Architectural Style
The proposed architectural style for the Alexan–Kendry Expansion is intended to tie into but not replicate the “modern agrarian and farmhouse” style utilized for the adjacent Alexan–Kendry apartment community. Responding to the prominent location at the intersection of Arrow Highway and Monte Vista Avenue, the project features a strong corner design rising to four stories in height and incorporating details that give it a commercial appearance. The four–story massing eventually steps down to two stories and design change as it approaches the existing Alexan–Kendry development to help reduce the scale of the building and tie both projects together. On the Arrow Highway frontage, the project appears as two halves that will allow a view into the main courtyard.

The design proposes a high level of detail and stoop–like elements along the bottom of the building, wall and window recesses, bay windows, balconies, canopies, varied roof forms, and standing seam metal roof material to add visual interest. The exterior façade materials include board and batten siding, exterior plaster, bay windows wrapped in horizontal siding and storefront window framing, and porcelain tile veneer at the main corners. The main corner buildings are distinguished by the use of tile at the lower level and dark blue gray stucco finish for the upper stories.

Landscaping/Hardscape
The applicant has submitted comprehensive landscape and irrigation plans for the project site. The selection and distribution of plant materials are intended to complement the architecture of the buildings and adjacent streets. Within the project, four courtyards (approximately 10,196 square feet in total) are proposed, only one of which features a small lawn area for a community gathering space (Courtyard No. 3).

Landscaped walkways will link the courtyard areas. In addition to trees and shrubs, the courtyard spaces will include several decorative hardscape elements, such as tables and seating, string lighting, cast–in–place concrete seat walls, grills, a fireplace, and enhanced paving finishes. A grand staircase at the southwest corner of the project will connect to the existing Alexan–Kendry apartment community and shared amenities.

Planting for the project site would consist of drought–tolerant species for the underlying climate zone, customized for each proposed courtyard area. Tree species for the project include Canary Island Pine street trees. Irrigation of all planting areas will be by means of a water–efficient irrigation system and a smart weather–based controller. Lastly, a Water Budget was prepared, as required by state law, for landscaping and irrigation.

Copies of the site plan, floor plans, elevations, renderings, and conceptual landscape plan are included in the City Council agenda packets. The full set of plans associated with this project are available to view in the Community Development Department, and can be viewed online using the link provided in the July 18, 2022 Council meeting page.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 12 of 259 Planning Division Comments
Overall, staff finds the project to be well–designed, visually attractive, and consistent with the intent and design goals of the NMDSP. The expanded boundaries made possible with the 2017 NMDSP update provided the opportunity to improve the southwest corner at Arrow Highway and Monte Vista Avenue. Despite not being able to develop the entire area at the same time the Alexan–Kendry project was constructed, the opportunity to develop the corner later allowed for a distinctive building design suitable for the prime corner location. A benefit of the delay is the new project, though related to the adjacent Alexan–Kendry development, will appear distinctive and meet the intent of the specific plan, which envisioned smaller projects and block–size development.

When the current parcels are merged, the new lot and shape will be of adequate size and dimension to accommodate the project. The proposed podium–style project makes the best use of the sloping conditions of the site, allows for its full use, and eliminates the need for surface parking areas. Moreover, the project site has direct and easy pedestrian and vehicular circulation access from the existing and improving street system that promotes walkability and connectivity to the Alexan–Kendry project as well as other new developments in the immediate area, including proximity to the Montclair Transcenter.

Staff worked closely with the applicant and the City’s architectural design consultant.

The project’s architecture is designed to tie–in, but not replicate, the design of the existing Alexan–Kendry project. Building placement, orientation to the street, and building massing all work to create a distinctive and strong street corner presence without turning away from the street or resorting to architectural gimmickry. Exterior building materials are appropriate and durable.

In addition, staff requested the developer and architect to consider noise and privacy impacts to future tenants in dwelling units at the major corners of the site. The developer and architect responded with a much stronger design that appears commercial in nature and maintains a downtown streetscape, especially for the important corner site at Arrow Highway and Monte Vista Avenue. As a condition of approval, the applicant is required to submit an acoustical analysis demonstrating that the interior noise standards of each unit will comply with Municipal Code requirements and applicable Mitigation Measures identified in the Draft Supplemental Environmental Impact Report.

Further, the massing of the buildings is broken up across the project’s three primary street frontages, so there are no long continuous blank walls, and the distribution of windows, doors, and architectural details add appropriate visual interest and pedestrian scale, to be a positive addition to the developing Arrow Highway and Monte Vista Avenue streetscapes. Staff believes the architecture and colors selected for the project will help provide a comfortable level of distinction from the adjacent developments and are consistent with the high expectations for projects within the NMDSP.

Density
The 2.85–acre site is comprised of two equally–sized zoning designations: Corridor Residential (CR) and Town Center (TC). The TC designation yields the densest number of units of the two zones with a range of 50 to 60 dwelling units per acre. The CR density range is 30 to 50 dwelling units per acre. The project proposes a yield of 137 units, which averages 48 units per acre for the entire site. If each half of the site were developed at the low–end of its respective density range, the project would yield 114 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 13 of 259 units. However, at an average of 48 units per acre (the high–end of the CR and just under the low end of the TC designation), the project is producing 137 units. Although the project is subject to the minimum density of each zone, the project will yield 23 more units than minimally required for each zone.

Alexan Expansion – Zoning and Density
Each Zone = 1.42 acre
Zoning Density Range Units at Minimum Density
Corridor Residential 30 – 50 du/ac 43 Dwelling Units (@30 du/ac) Town Center 50 – 60 du/ac 71 Dwelling Units (@50 du/ac) Sub–Total 114 Dwelling Units
Total Units 137–Units Proposed (+23 du)
(48 du/ac – overall)
As such, staff finds the project to be consistent with the density standards and intent of NMDSP for both the CR and TC land use designations that in part, are “… intended to establish a denser fabric of residential buildings, appropriate for locations on arterial roads. It is, therefore, the portion of the plan where the more intense residential development is expected.” The proposed project directly faces Arrow Highway and Monte Vista Avenue, both of which are arterial streets that can accommodate higher densities and projects that contribute to the ongoing development of an attractive and continuous urban streetscape.

Parking
The project provides the required amount of parking spaces set by the NMDSP. The podium–style project allows all parking spaces below the building and eliminates the need to dedicate land area for on–grade/surface parking areas. The Parking Management Plan (PMP) for the project will ensure parking is maintained in a controlled and professional manner at all times. Ultimately, the successful implementation of the PMP rests entirely on the owner and the Property Management Company’s diligent efforts to administer all of its provisions. The applicants are aware of the City’s concern for appropriately addressing parking and properly implementing the PMP. Since the developer did not request a parking reduction, the PMP is less complicated than others reviewed by the City. The PMP for the project is expected to include language and exhibits that address the following elements:
 Marked Parking Stalls — All on–site parking stalls within the project will be numbered to allow for easy monitoring of parking within the project site.  Assigned Spaces — Each dwelling unit is assigned a minimum of one parking space.

Two– or more bedroom units may have an additional parking space depending on availability.
 Guest Parking — The property manager will provide short–term guest parking passes upon resident request on an as–available basis and subject to specific date, time, duration, and restrictions. Assignment of tenant or guest parking passes would not be applicable to parking spaces located within the public right–of–way.  Parking Permit Program — Numbered and branded windshield decals for registered vehicles at the community are issued at the time of resident move–in and are voided when the lease is terminated.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 14 of 259  Enforcement — Residents will be required to follow parking guidelines at all times.

Violations will be enforced in an escalating manner, which could result in a vehicle(s) being towed at owner’s expense.

A condition of approval requiring the completion of a PMP prior to the issuance of building permits for the project is included in the resolution of approval prepared for the project.

Landscaping
Staff believes the proposed landscaping plan, including hardscape elements, is well done and appropriate for the proposed architecture and size of the property. The garden courtyards are well designed and outfitted with appropriate amenities (e.g., benches, fountains, lighting, and trash receptacles, etc.). Landscaping also helps to define areas such as entrances to buildings and provides a transition to the adjacent Alexan–Kendry apartment community. Plant materials, the majority of which are drought–tolerant, add visual interest. Seven tree species, including Canary Island Pine street trees along Monte Vista Avenue, are proposed. Some minor adjustments need to occur to the street trees on Monte Vista Avenue to match the emerging pattern already present on the street at the Paseos at Montclair, Vista Court, and Alexan–Kendry residential communities. Staff believes these adjustments can be addressed during the plan–check review process and is a condition of approval.

Property Maintenance/Management
The project will be managed by an on–site, institutional professional property management company with an on–site manager to oversee all management, leasing, and maintenance functions for the community. As part of the project approval, the applicant will be required to record an Operations Agreement against the entire property providing for the perpetual maintenance of all buildings and improvements, including roadways, retaining walls, drainage facilities, and water and sewer systems.

City staff is also working with a consultant to implement a Community Facilities District (CFD), which would overlay the subject site. The establishment of a CFD has been a requirement since the NMDSP was adopted to provide the means for collecting funds to maintain public improvements such as curb and gutter, sidewalks, paving, streetlights, street sweeping, signage, street furniture, and landscaping in the public right–of–way.

Completion and City approval of the CFD will be a condition of approval prior to the issuance of grading and/or building permits for the project.

Precise Plan of Design Findings
 The proposed 137–unit residential apartment project is consistent with the “Planned Development” land use designation of the City’s General Plan Land Use Map, and the CR and TC land use designations of the amended North Montclair Downtown Specific Plan. The CR and TC land use districts are intended to establish a denser fabric of residential buildings appropriate for locations in close proximity to arterial roads. The proposed project would directly face Arrow Highway and Monte Vista Avenue, both of which are arterial streets that can accommodate higher densities and projects that contribute to the ongoing development of an attractive and continuous streetscape.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 15 of 259  The proposed project would result in a significant improvement to the appearance of the area by redeveloping an underutilized and unattractive area into a well– designed residential development, which makes efficient use of the site and complies with the intent and applicable development standards of the NMDSP. The 137 dwelling units on the 2.85–acre site amounts to 48 dwelling units per acre overall and is consistent with the CR and TC density ranges.  The site plan, building form, massing, and height will contribute to the ongoing formation of the streetscape and development pattern envisioned by the NMDSP.

Building placement, orientation to the street, and massing all work to create a distinctive and strong street corner presence without turning away from the street or resorting to architectural gimmickry. Further, the massing of the buildings is broken up across the project’s three primary street frontages so there are no long continuous blank walls facing the adjacent streets.
 The proposed architectural design of the project as indicated in the submitted plans is well done, attractive, and complementary to recent development in the area. The design is consistent with the architectural style guidelines depicted in the NMDSP, and features architectural details, including the distribution of windows and doors, which add appropriate visual interest, and pedestrian scale, which result in a distinctive and pleasing appearance. The use of quality exterior materials and finishes, appropriate lighting, and landscape materials, all complement the project.

Public Comment from Adjoining Property Owners
This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper on July 8, 2022. Public hearing notices were mailed out to property owners within 300– foot radius from the boundaries of the subject property in accordance with State law. At the time this report was prepared, staff received no comments or inquiries.

Environmental Assessment
The City of Montclair analyzed the Alexan–Kendry Expansion project to determine whether subsequent environmental review is required under State of California Environmental Quality Act (CEQA) Guidelines Section 15162 based on the certified North Montclair Downtown Specific Plan Amendment Project Final Supplemental Environmental Impact Report (SCH No. 2009091021). The City engaged Dudek to prepare a CEQA consistency memorandum to determine whether subsequent environmental review would be required for the Alexan–Kendry Expansion project.

Based on that analysis, it is apparent that none of the conditions in State CEQA Guidelines would occur as a result of the modification proposed by the Alexan–Kendry Expansion project, which is consistent with the North Montclair Downtown Specific Plan Amendment Project. The impacts of the Alexan–Kendry project would be consistent with the impacts identified in the original North Montclair Downtown Specific Plan Amendment Project Final Supplemental Environmental Impact Report (SCH No. 2009091021), which was certified by the City of Montclair City Council on March 20, 2017 via Resolution No. 17–3147. Because the Alexan–Kendry Expansion project would not result in new impacts or any substantial changes to any significant effects previously identified, no other environmental review is required.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 16 of 259 In addition, and in the alternative, the Alexan–Kendry Expansion project is exempt from CEQA pursuant to Government Code section 65457, which provides that “[a]ny residential development project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a specific plan for which an environmental impact report has been certified after January 1, 1980, is exempt”. As stated above and shown in the CEQA consistency memorandum, the Alexan–Kendry Expansion project is consistent with the North Montclair Downtown Specific Plan Amendment Project Final Supplemental Environmental Impact Report, and therefore is exempt from environmental review.

FISCAL IMPACT: Although the existing site for the proposed project contains a number of commercial and light industrial uses generating sales tax revenue, its redevelopment for residential uses will produce other revenues for the City’s General Fund. Increases in property values from new construction will yield increased property tax revenue.

Other revenue sources include utility user taxes related to new residents using utility services, vehicle license fees related to the registration of vehicles to City addresses, and sales taxes generated from new residents shopping and dining locally. Further, building, planning, and engineering fees paid by the developer will reimburse the City for costs associated with entitling the project; park development fees for public green space; and traffic/development impact fees, which largely benefit the San Bernardino County Transportation Authority. School impact fees that benefit the Ontario–Montclair School District and Chaffey Joint Union High School District, and impact fees by the Inland Empire Utility Agency (IEUA) will provide funds for IEUA facilities expansion, with ten percent of this fee collected for expansion of the City sewer system.

Lastly, to offset the cost of providing City services delivered to the project such as street maintenance and public safety services, a Community Facilities District (CFD) for the project will be established. The project’s immediate proximity to the Montclair Police Station (northwest corner of Arrow Highway and Monte Vista Avenue) and Fire Station No. 151 (southeast corner of Arrow Highway and Monte Vista Avenue) is anticipated to minimize costs associated with demand for, and/or delivery of, public safety services.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3367 making findings pursuant to the California Environmental Quality Act and approving a Precise Plan of Design for a proposed 137–unit residential apartment project within the North Montclair Downtown Specific Plan on 2.85 acres at the southwest corner of Arrow Highway and Monte Vista Avenue.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 17 of 259 Resolution No. 22–3367 Page 1 of 4
RESOLUTION NO. 22–3367

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR

MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT AND APPROVING A PRECISE PLAN OF DESIGN UNDER CASE NO. 2021–36 FOR A 137–UNIT RESIDENTIAL DEVELOPMENT ON

2.85 ACRES WITHIN THE NORTH MONTCLAIR DOWNTOWN SPECIFIC PLAN (APNs 1009–722–21, 22, 23, and 24)
WHEREAS, Kendry II Apartments Owner LLC, filed an application on November 17, 2021, for a Precise Plan of Design under Case No. 2021–36 (Application) to construct a 137–unit apartment community on 2.85 acres; and
WHEREAS, the application applies to four abutting parcels (APNs 1009–722–21, 22, 23, and 24) at the southwest corner of Arrow Highway and Monte Vista Avenue, with the current address range of 4847–4877 Arrow Highway; and WHEREAS, the subject four parcels will be merged to create a single parcel on which to develop the proposed project; and
WHEREAS, the subject site is located within the "Corridor Residential” and the “Town Center” land use districts of the North Montclair Downtown Specific Plan (NMDSP); and
WHEREAS, the proposed apartment community is tentatively named Alexan– Kendry Expansion, and is podium–style development with 137 residential units above a single–level, partially submerged, parking garage with 240 parking spaces; and WHEREAS, the objective of the NMDSP is to introduce urban–style residential and mixed–use projects to the area and begin the process of creating a "downtown" environment with walkable neighborhoods, local retail and service businesses, and convenient access to rail transit; and
WHEREAS, the Precise Plan of Design is for the overall site plan, floor plans, elevations, colors, materials, conceptual landscape plan, and associated on– and off–site improvements for the proposed apartment community project; and WHEREAS, the residential units will be within two multi–story buildings oriented toward Arrow Highway and Monte Vista Avenue, and in three smaller buildings of attached townhouse units located at the center and southern edge of the site; and WHEREAS, on May 15, 2006, the Montclair City Council adopted the NMDSP, establishing guidelines for development on numerous parcels of land totaling approximately 150 acres in area; and
WHEREAS, on March 20, 2017, the Montclair City Council approved an amendment to amend the NMDSP, thereby expanding the boundaries and updating the standards of the NMDSP; and
WHEREAS, on March 20, 2017, the City Council certified the Final Supplemental Environmental Impact Report (SCH# 2016101001) (“SEIR”) for the approved Amended Specific Plan; and
WHEREAS, in connection with its certification of the SEIR, the City Council made the necessary CEQA findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement of Overriding Considerations for the Amended Specific Plan; and WHEREAS, the subject site is located within the "Corridor Residential" and “Town Center” land use districts of the NMDSP; and
WHEREAS, on June 17, 2022, the City gave public notice of the City of Montclair’s Planning Commission’s (“Planning Commission”) public hearing on the proposed project by advertisement in a newspaper of general circulation, and posted the public notice at City Hall, and mailed to all property owners within 300 feet of the project boundaries; and
WHEREAS, on June 20, 2022, the City Council’s Real Estate subcommittee previewed the project proposal; and
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 18 of 259 Resolution No. 22–3367 Page 2 of 4
WHEREAS, on June 27, 2022, the Planning Commission conducted a duly noticed public hearing on the proposed project at which time all persons wishing to testify in connection with the project were heard and said Precise Plan of Design for the proposed 137–unit apartment community was fully studied; and
WHEREAS, on June 27, 2022, the Planning Commission, by a vote of 5–0, recommended that the City Council approve the Precise Plan of Design subject to the conditions of approval contained in Draft City Council Resolution No. 22–3367 prepared for the project, pursuant to Planning Commission Resolution No. 22–1969; and WHEREAS, on July 8, 2022, the City gave public notice of the City Council’s public hearing by advertisement in a newspaper of general circulation, posted the public notice at City Hall, and mailed it to all property owners within 300 feet of the project site; and WHEREAS, the City Council conducted a duly noticed public hearing on the project on July 18, 2022, at which time all interested parties were provided an opportunity to give testimony for or against the proposal; and
WHEREAS, staff has found that the subject proposal complies with the guidelines and development standards outlined in the NMDSP; and
WHEREAS, the NMDSP requires final City Council review and approval of all entitlements for projects within the boundary of the NMDSP; and WHEREAS, the City Council finds the requested entitlements to be consistent with the adopted General Plan and the NMDSP and following good planning principles; and WHEREAS, based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed project complies with the California Environmental Quality Act (CEQA) for the reasons set forth in this Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine as follows:

SECTION 1. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that the proposed project is exempt from further environmental review pursuant to State CEQA Guidelines, Section 15162 and Government Code section 65457 based on the following findings of fact:

A. On March 20, 2017, the City Council certified a Supplemental Environmental Impact Report (SEIR) for the amended and updated North Montclair Downtown Specific Plan project.

B. The proposed apartment community consists of 137 units and is undertaken pursuant to and in conformity with the density and design standards of the NMDSP.

C. None of the conditions requiring subsequent environmental review called out in State CEQA Guidelines, section 15162 are present. Specifically,

1. Substantial changes are not proposed in the project that would require major revisions of the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

2. Substantial changes with respect to the circumstances under which the project is undertaken that would require major revisions to the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects have not occurred; and

3. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the SEIR was certified or adopted, as applicable, showing any of the following, has not come to light: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 19 of 259 Resolution No. 22–3367 Page 3 of 4
earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

D. In addition, and in the alternative, the proposed project is exempt from CEQA pursuant to Government Code section 65457 because it is a residential development project that implements and is consistent with the NMDSP Amendment Project Final Supplemental Environmental Impact Report.

E. Based on these findings and all evidence in the record, the City Council finds that no additional environmental review is required in connection with the City's consideration of Case No. 2021–36 for the proposed 137– unit apartment community development.

SECTION 2. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings and recitals set forth in this Resolution, the City Council approves a Precise Plan of Design under Case No. 2021–36 for a 137–unit apartment community, subject to the conditions of approval set forth in attached Exhibit "A" and as depicted in the submitted site plan, elevations, and renderings submitted by the owner, Kendry II Apartments Owner LLC, on March 1, 2022.

SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds as follows for the approval of a Precise Plan of Design under Case No. 2021–36:

A. The proposed 137–unit residential apartment project is consistent with the "Planned Development" land use designation of the City’s General Plan Land Use Map, and the CR ("Corridor Residential") and TC (Town Center) land use designations of the North Montclair Downtown Specific Plan. Both the CR and TC land use districts allow for higher density residential projects in appropriate locations as indicated on the NMDSP land use map. The proposed project will be on a site currently occupied with a mix of commercial structures and surface parking, that when developed with the proposed project will include both pedestrian and vehicular links to the Montclair Transcenter and other developed streets within the NMDSP planning area.

B. The proposed project would result in a significant improvement to the appearance of the area by redeveloping an underutilized and unattractive area into a well–designed residential development, which makes efficient use of the site and complies with the intent and applicable development standards of the NMDSP. The 137 dwelling units on the 2.85–acre site amount to 48 dwelling units per acre overall and is consistent with the CR and TC density ranges.

C. The site plan, building form, massing, and heights are appropriate for the site and will contribute to the advancement of the design goals and policies and the ongoing formation of the streetscape and development pattern envisioned by the NMDSP. Building placement, and orientation to the streets, all work to create a distinctive living environment.

D. The proposed architectural design of the project as indicated in the submitted plans is well done, attractive, and complementary to recent development in the area. The design is consistent with the architectural style guidelines depicted in the NMDSP, and features and architectural details, including the distribution of windows and doors, which add appropriate visual interest, and pedestrian scale, which results in a distinctive and pleasing appearance. The use of quality exterior materials and finishes, appropriate lighting, and landscape materials, all complement the project.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 20 of 259 Resolution No. 22–3367 Page 4 of 4
SECTION 4. Pursuant to Section 66412.3 of the Government Code, based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the proposed residential and associated improvements will help the City of Montclair to meet its regional housing needs as the project proposes the construction of 137 residential units, which will help the City meet its identified housing unit RHNA allocation.

SECTION 5. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by the project.

In addition, several conditions, including conditions relating to the imposition of operational covenants for the rental development are necessary to assure the development maintains compliance with the City's general plan and zoning standards.

SECTION 6. The location and custodian of the documents and any other material that constitute the record of proceedings upon which the City Council based its decision is as follows: Director of Community Development, Community Development Department, City of Montclair, 5111 Benito Street, Montclair, California 91763, or by telephone at (909) 625–9477.

SECTION 7. City Council directs City staff to cause a Notice of Determination to be filed and posted with the County Clerk within five working days of the adoption of this Resolution.

SECTION 8. Effective Date. This Resolution shall become effective upon its adoption.

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. 22–3367 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 – 07/18/2022 Page 21 of 259

Resolution No. 22–3367
(Planning Case No. 2021–36)

EXHIBIT A
Alexan–Kendry Expansion – Project Approvals & General Conditions

GENERAL CONDITIONS

1. The approval of a Precise Plan of Design (PPD) approving the site plan, floor plans, elevations, colors and materials, conceptual landscape plan, and public park space associated with the construction of the Alexan–Kendry Expansion project as described in the staff report and depicted on approved plans on file with the Planning Division and generally depicted in Exhibit A.

2. The above entitlement is granted based upon the plans and elevations submitted by Kendry II Apartments Owner LLC and dated March 1, 2022. However, a final design review shall be required pursuant to Section 5.1.050.2 of the NMDSP upon the submittal of construction drawings for the project, to review building and architectural construction design, details, and standards. Such review is intended to ensure high–quality development and to prevent misunderstanding during the construction process. The Director of Community Development shall conduct the review in consultation with the City’s reviewing architect. Costs to conduct architectural review shall be reimbursed to the City pursuant to Reimbursement Agreement No. 21–52 between the Owner and the City.

3. This approval shall supersede any and all previously approved entitlements for the subject project site.

4. Any modification, intensification, or expansion of the use beyond that which is specifically approved by the aforementioned entitlements and that is not reflected in the map, plans, and drawings approved with this action by the City Council shall require review and approval by the City Council.

5. If exhibits and written conditions are inconsistent, the written conditions shall prevail.

6. The applicant/owner shall be required to pay any applicable fees as shown below; within five (5) days of approval by the City Council:
a. A check for $50, payable to the "Clerk of the Board of Supervisors," to cover the filing fee for the Notice of Exemption (NOE) as required by the California Environmental Quality Act (CEQA).
b. A check for $620.96, payable to the "City of Montclair," to cover the actual cost of publishing a Notice of Public Hearing in a newspaper of general circulation (Inland Valley Daily Bulletin) as required by state law for the Planning Commission review on June 27, 2022; and
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 22 of 259

c. A check for $656.69, payable to the "City of Montclair," to cover the actual cost of publishing a Notice of Public Hearing in a newspaper of general circulation (Inland Valley Daily Bulletin) as required by state law for City Council review on July 18, 2022.

7. In establishing and conducting the subject use, the applicant shall at all times comply with any and all laws, ordinances, and regulations of the City of Montclair, the County of San Bernardino, and the State of California. Approval of the PPD shall not waive compliance with any such requirements.

8. Applicant/Owner shall comply with all applicable Mitigation Measures as contained in the North Montclair Downtown Specific Plan Amendment Project Supplemental EIR (January 2017); including but not limited to mitigation measures regarding Tribal Cultural Resources (Mitigation Measure F and G); and Noise (construction and post–construction), etc.

9. Notice to Applicant/Owner/Subdivider: The conditions of approval for this project include certain fees, dedication requirements, reservation requirements, and/or other exactions more specifically described in the conditions of approval herein.

The subdivider/applicant is hereby notified that the 90–day protest period to challenge such items has begun as of the date of the project approval. For purposes of this notice, “project approval” shall mean the date that the City Council approves the application for the Precise Plan of Design for the project referenced in Condition No. 1. All impact fees shall be due and payable at the time stated in the adopted ordinance, resolution or policy adopting and imposing such fees, or at the time building permits are issued. If the applicant fails to file a protest regarding any of the fees, dedications, reservations, or other exaction requirements as specified in Government Code §66020, the subdivider/applicant shall be legally barred from later challenges.

10. The applicant/owner shall reimburse the City for the legal costs associated with the preparation/review of any agreements and covenants required by these conditions prior to the time of their initiation pursuant to Reimbursement Agreement No. 21–52.

11. Precise Plan of Design (PPD) approval shall be valid for one year and shall automatically expire on the anniversary date of City Council approval unless the applicant is diligently pursuing a building plan check toward the eventual construction of the project. The applicant/owner shall be responsible to apply for a time extension at least 30 days before the approval's expiration date. No further notice from the City will be given regarding the project's PPD expiration date.

12. The applicant/owner shall ensure that a copy of this Resolution is reproduced on the first page of the construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the Project.

13. In the event of a transfer of ownership of the property involved in this application, the new owner shall be fully informed of the permitted use and development of the said property as set forth by this permit together with all conditions that are MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 23 of 259

a part thereof. These specific requirements must be recorded with all title conveyance documents at the time of escrow closing.

14. Comply with the City of Montclair's Inclusionary Housing Ordinance No. 05–866.

CONDITIONS PRIOR TO THE ISSUANCE OF BUILDING OR GRADING PERMITS (Condition Nos. 15–142)

15. Prepare a Master Solid Waste Removal Plan (SWRP) for the project. City review and approval in consultation with the City’s refuse collection provider shall be required. The SWRP shall identify the location and size of all facilities and provide a written operational strategy/manual to be used by the property management company for the project. The SWRP shall include and/or address the following elements:
a. Prevent the accumulation of on–site rubbish, trash, or debris in a manner that is inconsistent with the approved SWRP and/or that degrades the appearance of the site and adjacent street frontages.
b. All refuse collection facilities shall be designed under the provisions of AB 341 Mandatory Commercial Recycling and AB 1826 Mandatory Commercial Organics Recycling (MOR) as established by the California Department of Resources Recycling and Recovery (CalRecycle). Sufficient facilities must be provided and maintained for the mandatory recycling of all recyclable materials and food waste/organics.
c. No barrels (or other containers) for waste fats, oils, or grease (FOG) shall be stored in refuse collection facilities.
d. All refuse collection facilities shall be power washed a minimum of two times per month (or more frequently if needed), by property management staff or using a hired company qualified to power wash or steam clean all refuse collection facilities and/or equipment. Such activity shall be performed with proper equipment containing a water recovery system or self–contained unit to recycle the wash (waste) water, as approved by the City’s NPDES Coordinator or Environmental Inspector. Inspections of refuse collection facilities shall be subject to routine inspection by the City of Montclair.
e. Spills and leaks shall be cleaned up immediately using a spill kit and/or appropriate Best Management Practices (BMP) that utilize absorbents or equivalent “dry” methods.

16. The owner/applicant shall agree to the formation of a new Community Facilities District (CFD) pursuant to the terms of Government Code Section 53311, et seq., the territory of which shall include the Project, for the payment of maintenance and operation costs associated with the common landscaping, lighting, and other public improvements located within the Project, including a public safety component. The applicant shall consent to the formation of the CFD before the recordation of the lot merger for the Project. The applicant further expressly agrees that failure to form such CFD will result in disapproval of the Project.

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The owner/applicant shall also agree that additional areas may be annexed into the CFD, provided, however, that after giving effect to such annexation, the owner, subdivider, and applicant are subject only to its fair share of the obligations and costs incurred as a result of the annexation. The subdivider and applicant agree to cooperate fully in any such annexation proceedings.

If for any reason whatsoever, the Property or portion thereof does not become part of a CFD or if any such CFD that is formed does not provide for the maintenance of the entirety of the improvements within the Property, or any portion thereof, then such improvements shall be maintained by a private property owner, or an adequate alternative reasonably acceptable to the City, to undertake such work. Costs to implement the CFD shall be reimbursed to the City pursuant to a Reimbursement Agreement between the applicant and the City.

17. The owner must consent, in writing, to record a covenant an Operations & Management Regulatory Agreement – Alexan–Kendry Expansion (hereafter Regulatory Agreement) against the entire property providing for the perpetual maintenance of all buildings and improvements, including roadways, drainage facilities, and water and sewer systems. The Regulatory Agreement shall be effective during the lifetime of the Project. Property shall thereafter be maintained following the property maintenance standards contained in the Montclair Municipal Code.

The Regulatory Agreement shall provide for the perpetual maintenance of all buildings and improvements for the subject multifamily residential project ("the Project") developed in the City for rental purposes. The Regulatory Agreement shall be recorded as a condition, covenant, and restriction on the property in perpetuity unless the City Council agrees to the removal of such covenant in the event of a change in land use. The Regulatory Agreement shall address the management, operations, and maintenance of the multifamily residential project and shall become a Covenant that will run with the land.

Costs for the development of the Regulatory Agreement shall be reimbursed to the City pursuant to a Reimbursement Agreement between the applicant and the City.

The Regulatory Agreement shall contain, at a minimum, the following requirements:
a. On–Site Management
The Owner shall be required to retain the services of an accredited property management company (“Management Company”) holding a real estate broker license pursuant to California Business and Professions Code, Section 10131 et. Seq., and with demonstrated experience in leasing, operating, and maintaining a multifamily residential project. Any Manager or Management Company retained to act as an agent for the Owner shall obtain the prior written approval of the Executive Director Office Public Safety/Police Chief, which approval shall not be unreasonably withheld or delayed, provided the person assigned is a certified Property Manager or MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 25 of 259

an employee of a certified property Management Company. Any changes of the certified professional management company shall be subject to the prior written approval of the Executive Director Office of Public Safety/Police Chief, for which approval shall not be unreasonably withheld.

In exercising his/her approval rights hereunder, the Executive Director Office of Public Safety/Police Chief may require proof of ability and qualifications of the Manager and Management Company based upon (i) prior experience, (ii) assets, and (iii) other factors determined by the Executive Director Office of Public Safety/Police Chief as necessary.

Furthermore, upon sixty (60) days prior to a written demand from City with cause, the Owner shall remove and replace a Property Manager and/or Management Company. In any agreement with a Property Manager or Management Company ("Management Agreement"), the Owner shall expressly reserve the right to terminate such agreement upon written demand of the City with cause. That notwithstanding, City agrees that a request for the removal of a Property Manager or Management Company shall be subject to a thirty (30)–day notice of default and a reasonable opportunity to cure before any such termination is effective.

Under no circumstances shall the property owner take on the property management responsibilities for the project, unless such property owner possesses property management accreditation as provided for in this subsection, has demonstrated experience, and is approved by the Executive Director Office of Public Safety/Police Chief.

Subsequent changes in the Management Company or Manager of the Project shall obtain the prior written approval of the Executive Director Office of Public Safety/Police Chief as so indicated above. i. Management Obligations–Residential
The Owner shall maintain the legally required presence of an on– site Manager for the residential project under the California Code of Regulations, Title 25, Section 42. The Management Company shall ensure that tenant application and screening practices are developed and enforced, that all rules and regulations are developed and enforced, and that use of all facilities is managed. The Owner, through the professional property management company, will ensure that the Project is well maintained pursuant to the standards developed in the Regulatory Agreement.
ii. Registration and Management of Rentals
The Owner, with its Management Company, shall develop all rules, documents, and procedures to assure all rental occupancies of residential units are professionally managed including but, not limited to:
 Application(s)
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 Crime–Free Addendum and other required addenda to
application
 Tenant screening tools include, but are not limited to, (1) credit check including unlawful detainer, and (2) criminal background check.
iii. Alcoholic Beverages/Controlled Substances
Tenant rules shall indicate areas where the consumption of alcoholic beverages is permitted and/or prohibited within the Project boundaries.
b. Security Requirements
Owner shall provide the following security and security monitoring measures during the term of this Agreement:
i. The owner shall develop a "Security Plan" acceptable and approved by the Montclair Police Department which, at a minimum, shall include the installation, operation, and maintenance of security cameras throughout the Project (see details in Police Conditions). ii. At any time during the term of the Agreement, should the calls for Police service or response at the Project exceed a level reasonably considered normal for projects similar in type and density as determined by the Executive Director Office of Public Safety/Police Chief, during any consecutive two–month period, the Owner shall be required to provide a State–licensed security patrol through a company retained by the Owner.
iii. The State–licensed security patrol company shall be retained by the Owner, with the prior approval of the Executive Director Office of Public Safety/Police Chief, for a period of time to be determined by the Executive Director Office of Public Safety/Police Chief. The approval of such a State–licensed security company shall not be unreasonably withheld.
c. Balconies, Patios, and Porches
Balconies, patios, and/or porches on residential units approved for use as private usable open space must be kept free from being enclosed or covered by a tenant in any way and must not be used for storage purposes.

Storage of materials that detract from the appearance of buildings is prohibited in the above–mentioned locations, as well as anywhere that, is directly visible to the public.

All rental agreements for the project must include a rule preventing the storage of boxes or materials, placement of indoor furniture, visible exercise equipment, hanging clothing, the building of enclosures, the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 27 of 259

installation of makeshift screening materials, or any other similar item in or on a balcony, patio, or porch.
d. Cable and Satellite Service Equipment
Placement of antennas for radio and television reception may be permitted within a balcony, terrace, deck, or patio that is intended for the exclusive use of the subject tenant, subject to the following criteria:
i. For this Section, the word “antenna” shall include a single dish antenna, usually in a circular shape with a parabolic curve design constructed of a solid or open mesh surface, not more than two feet (2'–0") in diameter, either surface–mounted or using a freestanding tripod that is placed entirely within the permitted areas; and ii. Only one (1) antenna per dwelling unit shall be permitted; and iii. The method of attachment and or arrangement of the said antenna shall be accomplished in the least visually distracting manner possible.
iv. No antennas shall be placed, attached, or installed in any common areas of the development including the roof, hallways, common courtyards, walkways, or the exterior walls of the apartment building.
v. No overhead or external wiring of the antennas shall be permitted. e. Parking Management
The Agreement shall provide for the following:
i. A "Parking Management Plan" shall be required for Project. The Parking Management Plan (PMP) shall identify the parking space(s) for every residential unit in the Project. All parking spaces shall be identified with a unique number that shall be stenciled on the pavement and regularly maintained.
ii. Any tandem parking spaces identified in the PMP shall be assigned to the same dwelling unit. For purposes of the PMP, each tandem space shall count toward the fulfillment of the total requirement of parking spaces for the project.
iii. The PMP shall stipulate that no utility trailers, commercial or construction vehicles of any length, buses or passenger vans, watercraft, or recreational vehicles shall be permitted to be stored or parked overnight on any private street and/or parking areas within the complex. "Recreational Vehicle" shall mean recreational vehicles, motor homes, campers, utility trailers, watercraft, travel trailers, truck campers, camping trailers, off–road vehicles, vessels, aircraft, boats, trailers, van conversions, customized trucks, other MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 28 of 259

motorized conveyances, or similar type vehicles that are designed for human habitation for recreational or emergency purposes, or that require a special driver's license (e.g., noncommercial Class A or Class B) to operate.
iv. The PMP shall stipulate that any enclosed garage spaces or covered parking spaces provided shall, at all times, be assigned to units within the Project according to the PMP. Storage within a garage shall be allowed only to the extent the garage includes a dedicated storage cabinet or storage area that does not impede or obstruct direct access to the parking space(s) within the garage. v. Any tandem parking spaces identified in the PMP shall be considered a second parking space assigned to the same dwelling unit. Tandem spaces shall only be assigned to and utilized for the parking of registered vehicles assigned to the residents of the same unit.

Tandem spaces shall not be assigned and/or rented out to other residents or users.
vi. The property owner/management company may not introduce, require, stipulate, or incorporate into a lease or rental payments a separate fee for any surplus parking that exceeds the minimum threshold for assigned parking based on per–unit parking requirements as specified in the North Montclair Downtown Specific Plan (NMDSP) and the PMP for the project. If parking spaces that exceed the minimum threshold requirement as specified herein are available, the property owner/property management company may apply to the City Council for an amendment to the approved PMP for the project to establish separate monthly fees for each surplus parking space.
vii. As part of the initial rental application process, each potential renter of a unit within the project shall be given written notice by the property management company of the on–site parking and off–site parking conditions and requirements at the complex. All executed rental lease agreements will contain a detailed summary of the PMP as an exhibit and a signed acknowledgment form that records the resident’s agreement with the terms of the PMP. In addition, the prospective tenant(s) shall receive an electronic version of the entire PMP, either as an email or other electronic format specified by the renter. The entire PMP shall also be available for review in the office of the on–site management company and available online on the Project’s website for residents to view.
viii. Every unit shall be assigned and permitted to use at least one (1) parking space as part of the base rent for each unit and shall be so stipulated in the Parking Management Plan and subsequent rental/lease agreements.

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f. Maintenance, Operation, Preservation, and Repair of Property Owner, through its Management Company, shall keep the Project well maintained (including, without limitation, private streets and drives, all buildings and on–site structures; signage; sidewalks; parking lots; parking structures, exterior building–mounted and/or site lighting fixtures; landscaping; open space/recreation areas onsite, dog park areas, storm drain system including all storm water treatment devices associated with the Water Quality Management Plan, fencing; foundations and pools, if any; and other Improvements) and shall operate the Project in a businesslike manner; shall prudently preserve and protect both its own and City's interests in connection with the Project, shall not commit or permit any waste or deterioration of the Project; shall not abandon any portion of the Property, and shall not otherwise act in such a way as to unreasonably increase the risk of any damage to the Project. Such maintenance shall include, without limitation, the following:
i. Keeping the exterior surfaces of buildings painted, plastered, or otherwise appropriately treated to be in sound condition; and ii. Replacing broken or severely etched windows and other glass surfaces promptly; and
iii. Keeping the Project free from any accumulation of debris, graffiti, waste materials (including pet waste); and
iv. Keeping trees, ground cover, shrubs, and other plant materials trimmed in healthy condition, and replacing missing or dead plant materials; and
v. Maintaining all exterior light fixtures (building–mounted and freestanding) in full operating condition. Non–functioning, broken, or damaged light fixtures/support structures shall be promptly repaired and/or replaced with the same fixture type as originally approved; and
vi. Keeping paved surfaces and other hardscape elements clean and in good condition, free of dirt and grime, gum, or grease, potholes, excessive staining or the unsightly accumulation of leaked motor oil/automotive fluids, significant surface cracks, dangerous uplifted walkways, or other conditions which impede paths of travel; and vii. No outdoor pay telephones or vending machines (including delivery lockers) shall be installed on any public street, easement, or park.

Vending machines may be allowed within buildings or in private outdoor recreation areas when machines are located out of view from the street and are placed in an alcove space that is architecturally integrated into the design of the building, subject to the satisfaction of the Director of Community Development.

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viii. Prohibiting auto repairs, car washing, storage of unregistered and/or inoperable vehicles, within parking areas of the Project; and ix. Keeping the on–site storm drain system in working order and in good repair at all times including the storm water treatment devices associated with the Water Quality Management Plan; and
x. Keeping refuse collection facilities (e.g., trash chutes, rooms, or enclosures) shall be maintained in a sanitary, orderly, and functional condition at all times. Sanitary shall mean free of scattered trash and food debris, spills or splatter on floors and/or walls, free of odors to the highest degree possible, and free of insects and rodents; and
xi. Keeping all private streets, drive aisles, and exterior parking areas within the Project free of weeds, debris, trash, graffiti, and potholes.

The owner shall be responsible for maintenance and repaving of all private street and drive aisle surfaces; and
xii. The Management Company shall develop and implement rules for maintenance and upkeep of the interior of the rental units. xiii. Maintain the Project grounds and adjacent public street parkways free from pet waste and/or damage at all times to deter odors, and maintain sanitary conditions. The Management Company shall:

1. Conduct routine inspection and clean–up activities of the Project site to ensure pet waste is removed and property damage caused by animals is properly repaired and
prevented.

2. Notify residents and guests in writing of their responsibility to clean up after their pets.

3. Post signs with specific pet rules around the site as necessary. Sign copy shall be in English and Spanish, and set in a font type (or graphic) that is large enough to be easily read and understood.

4. Provide adequate disposable bag dispensers, or other means of removing feces, and refuse cans for disposal. Trash cans shall be regularly emptied with contents disposed of
properly.
xiv. Implement and keep the waste and refuse collection system in good operating order at all times. The Management Company must develop a written policy regarding the method of waste and refuse collection for all tenants and lessees consistent with the approved Solid Waste Removal Plan (SWRP). Each tenant must be informed of the waste and refuse collection system before executing a rental agreement or lease. Each tenant must acknowledge their
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understanding of the waste and refuse collection system in the rental or lease agreement. The Owner may not charge an additional fee related to the type of collection method of waste and refuse.

The waste and refuse collection system policy shall be approved by the City.
g. Remedial Actions
In the event the Owner fails to act or perform pursuant to the terms found in the Regulatory Agreement, the City reserves the right to enforce the restrictions imposed by the Regulatory Agreement at the expense of the Owner. The Regulatory Agreement shall make provisions to allow the City to enforce the terms of the Regulatory Agreement.
h. Sale or Transfer
Before the issuance of any building permit or recordation of the final map (whichever occurs first), the Owner shall record a covenant and agreement against the entire property prohibiting the sale of any individual building within the Project for purposes of rental or lease. The covenant and agreement shall be a part of the Regulatory Agreement required by this Condition and shall be approved by the City Council. It may not be canceled or amended without City approval.
i. Compliance with Rules
Renters occupying residential units within the Project shall be subject to all rules and regulations developed by the Management Company. The Management Company shall establish a warning and fine system for violation of the rules and regulations. If residential renters of units violate rules and regulations, the renter shall be responsible for payment of such fines for violation of the rules. The rules established by the Management Company for the rental of residential units shall include provisions for eviction of tenants for violations of the rules and regulations of the Project.

Planning/Administration

18. The Director of Community Development in consultation with the City’s Reviewing Architect before the issuance of building permits shall complete the final design review process based on building plans pursuant to Section 5.1.050.2 of the NMDSP. Notwithstanding, certain design review details may require review or field inspection during construction. Costs to conduct architectural review shall be reimbursed to the City under the Reimbursement Agreement between the Owner and the City.

No changes to an approved set of plans, including the exterior design and materials/finishes of any building, shall be permitted without the expressed approval of the City before any actual changes. At the discretion of the Community Development Director, any request for changes or revisions deemed to be significant may be referred to the City Council for review and approval.

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19. The Regulatory Agreement (per Condition No. 17) shall be executed the by Owner and approved by the City Council. Upon City Council approval, the Regulatory Agreement shall be recorded before issuance of building permits. As part of the Regulatory Agreement, the PMP shall be adopted by the City Council.

20. A Solid Waste Removal Plan (SWRP) shall be approved by the City.

21. Before a Certificate of Occupancy for any residential building within the Project can be issued, the developer shall demonstrate that on–site parking for each unit is provided and accessible for use.

22. A written report from a qualified acoustical consultant indicating that the Project will meet City requirements for exterior and interior noise levels and demonstrate compliance with Mitigation Measures for N2, NO1–1, NOI–2, NOI–3, and NOI–4 as contained in the North Montclair Downtown Specific Plan Amendment Project Supplemental EIR (January 2017) shall be submitted.

All sound attenuation measures (i.e. dual–paned glazing, upgraded insulation, etc.) as identified by the approved acoustical report prepared for the Project shall thereafter be incorporated into construction drawings submitted for plan check.

The maximum interior noise level of all units shall be no higher than 45 dBA.

23. The owner’s plans shall provide that all dwelling units (living room and bedroom) and/or commercial/office spaces shall be pre–wired with phone, cable, and satellite connections.

24. The owner shall obtain approval from the Executive Director of Public Safety/Police Chief (or designee) for a Plan to install video surveillance cameras for each building and all public spaces within the development. See Police Department conditions of approval for further details.

25. The owner shall prepare a Photometric Plan for each building indicating the location of all exterior light fixtures (area, building, parking lot, etc.) and the overall illumination levels across the site. All proposed exterior lighting shall comply with the following standards:
a. Provide a minimum maintained illumination level of one (1) foot–candle across the site.
b. All parking lot and other freestanding light fixtures shall incorporate 90– degree cutoff style luminaires and flat lenses to direct illumination down to the surface to be illuminated and away from public rights–of– way surrounding the subject site.
c. Maximum total height for freestanding light fixtures shall be limited to 20 feet, inclusive of the height for concrete bases. Above–grade concrete bases for lights may be finished with colored stucco matching the primary color and finish of stucco on the buildings, subject to the Director of Community Development's review and approval.

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d. All exterior wall–mounted lighting fixtures shall be vandal–resistant and of a design, that complements the architecture of the building.

26. The developer shall work with City staff to adjust the portions of the project landscape plan which abut the Arrow Highway and Monte Vista Avenue right–of– ways to ensure consistency with City street improvements, landscape plans, and selection of street trees.

27. The developer shall submit a fence/wall plan for the entire site including both boundary and internal fence/wall locations. The plan shall specifically address existing conditions at each boundary and provide a complementary design for the project as a whole and the design of adjacent buildings. The plan shall include the following elements or details:
a. Specify fence/wall design details, materials, and finishes for review and approval by the Director of Community Development.
b. Fences or walls shall be designed to produce an attractive and consistent horizontal “top of wall” finished elevation with minimal and evenly spaced steps along the length of the wall, subject to review and approval by the Director of Community Development.
c. Eliminate or prevent the creation of double–wall or fence/wall conditions.

The applicant shall be responsible for coordinating with the adjacent property owners regarding the replacement of property line walls if required.

28. Indicate the location of any proposed neighborhood mailboxes within the development for review by the Director of Community Development. No mailboxes shall be allowed on public sidewalks, or public easements/spaces. The applicant shall also ascertain any requirements for such mailboxes from the United States Postal Service (USPS) and other delivery services. The City acknowledges that proposed locations for neighborhood mailboxes shall be to the satisfaction of the USPS.

29. The owner shall complete and submit a complete Landscape Documentation Package meeting the intent and design criteria of the Montclair Water Efficient Landscaping and Conservation Ordinance (Chapter 11.60 of the Montclair Municipal Code) as amended by State law. The Landscape Documentation Package shall include the following items for City review and approval:
a. Detailed Landscape Concept and Irrigation Plan for the entire site including the public park area; and
b. A “Water Budget” meeting State Water Conservation requirements; and c. Landscape Construction Drawings (including a grading plan, irrigation plan, and planting plan); and
d. Maintenance manual and schedule to be kept on file and used by the property owner/property management company for reference.

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e. A copy of the approved plan shall be kept on file to use at a later date and ensure that the plan was implemented as permitted and maintained as required.

30. Every effort shall be made to locate and/or screen all ground or wall–mounted mechanical equipment including, but not limited to, utility meters (including gas meters), air conditioners, vents, and repair equipment within the building or screened in a manner that is compatible with the architectural design of the building to the satisfaction of the Director of Community Development and reviewing architect. Wooden lattice or fence–like screens/covers are not appropriate screening materials and shall not be allowed.

31. The owner shall screen all roof–mounted equipment, satellite dish antennas, and other similar apparatus from public view in a manner that is incorporated into the architectural design of each building to the satisfaction of the Director of Community Development and reviewing architect.

32. Exposed conduit or electrical lines shall not be allowed on any exterior surfaces of any building, including electrical lines providing power to exterior signs.

Electrical switchgear, meters, etc., shall be screened or housed in an appropriately designed enclosure or other manner to the extent allowed by the utilities.

33. The color of all material used for rain gutters, flashing, and similar purposes shall be consistent with that of immediately surrounding building materials.

34. No outdoor pay telephones or vending machines shall be permitted within the development boundaries (including public spaces), except that vending machines may be allowed within approved outdoor recreational areas dedicated as such for each building. Vending machines within approved recreation areas shall not be directly visible to the street and be installed in an alcove architecturally integrated with a building to the satisfaction of the Community Development Director.

35. Prior to the installation of any signs on buildings, structures, or other non–public areas and structures within the project site, the applicant shall develop and submit an application for a Master Sign Program for the entire project and obtain Planning Commission for review and approval. The sign program shall address signs proposed for building addressing and identification, and wayfinding, which is placed on non–public areas of the site. All signs shall be consistent with the sign provisions contained in the NMDSP, including the prohibition on the use of exposed raceways for all building–mounted, except as provided for in the NMDSP, if approved by the Director of Community Development.

36. Obtain approval for any directional and or regulatory signs proposed for installation within the public right–of–way, public spaces, or easements from both the Public Works and Community Development Directors.

37. Freestanding electrical transformers and Fire Department double detector check assembly equipment shall be screened with masonry walls compatible with the building architecture and/or landscaping to the satisfaction of the Community MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 35 of 259

Development Director and Fire Marshal. Efforts shall be made to place these elements in locations that are as unobtrusive as possible.

Building

38. The applicant shall comply with the latest adopted California Building Codes, and other applicable codes, ordinances, and regulations in effect at the time of permit application. These applicable codes shall be indicated on the first page of the submitted plans.

39. Submit four (4) complete sets of plans including the following:
a. Site/Plot Plan;
b. Floor Plan;
c. Reflected Ceiling Plan;
d. Electrical Plans including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams;
e. Plumbing plans, including isometrics, underground diagrams, water and waste diagram, fixture units, gas piping, and heating and air conditioning.
f. Submit two sets of structural calculations and two sets of energy conservation calculations.
g. Landscaping plans, including lighting structures, retaining walls, trash enclosures, and other walls and fences.
h. A waste recycling plan to recycle 65% of all construction debris.

40. Provide and indicate on submitted plans disabled–accessible path(s) of travel to the public right–of–way and all required disabled–accessible parking lot signs.

Sidewalks, paths–of–travel, and curb cuts shall comply with the requirements of the California Building Code, Title 24. The maximum cross–slope on a sidewalk or path–of–travel shall not exceed two percent (2%). All accessible requirements of the California Building Code shall be followed.

41. Architect's/Engineer's stamp and "wet" signature are required prior to plan check approval.

42. Separate permits are required for trash enclosures, accessory structures, site lighting, fencing, and/or enclosure walls.

43. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance.

44. Pad certification, line and grade, and compaction reports are required prior to issuance of building permits. The applicant or their designee shall provide a pad MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 36 of 259

certification stating that each structure is per the approved civil plans as to location and grade height.

45. Building permits and addresses will not be issued until the recordation of the final map is complete.

46. Upon approval by the City Council of the Parcel Map for the project, the Building Official shall assign address numbers to all buildings. Tenant spaces may be assigned at this time or a later time.

47. Prior to issuance of Building Permits, an approved site plan by the Civil Engineer of Record shall be submitted showing accurate property lines and building placement. No building shall span property lines.

48. Prior to the issuance of building permits for the project, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to the, Parkland Fee, Inclusionary Fee, Transportation Development Fee, Permit and Plan Check Fees, School Fees, and Sewer Fees. The owner shall pay all required school fees directly to the Ontario–Montclair School District and the Chaffey Joint Union High School District. The owner shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance.

49. Payment of all outstanding sewer reimbursement fees as imposed by a district, if any, or any assessments shall be required. Contact Public Works Director for more information.

50. Regional Sewerage Supplemental Capital Outlay fees are required per Section

9.20.440 of the Montclair Municipal Code and the Inland Empire Utilities Agency (IEUA). Contact the Director of Public Works for more information.

51. Submit detailed plans for all walls, fencing, and gates associated with the project.

Any security gates which limit access to buildings shall be equipped with Medeco locks or other acceptable devices to allow access by emergency personnel and utility providers at all times. If access is secured to upper floors within multifamily dwelling unit structures, Medeco locks or other acceptable devices are required.

52. Construction activity shall only be permitted from the hours of 7:00 a.m. to 6:00 p.m. daily.

53. All construction work carried out under the review of the Building Division shall be of good quality. The Building Official shall have the authority to enforce the installation of work that is straight, level, plumb, square, etc., as the situation requires. All work shall be well fit and of a durable nature. Every construction material in all cases shall not be below standard for the use applied.

54. Electrical and fire suppression service shall rise within the interior of the building(s). Roof ladders shall also be located entirely inside the building.

Conduits and cables shall be located entirely inside the walls

55. All mechanical devices and their parts, such as air conditioners, evaporative coolers, exhaust fans, vents, transformers, or similar equipment, whether located MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 37 of 259

on the ground or the roof of the structure, shall be concealed on all sides from public view in a manner that is compatible with the architectural design of the building and to the satisfaction of the Planning Division. Provide a sufficient number of details (i.e. line of sight drawing, building cross–section, etc.) to demonstrate all equipment is obscured from public view.

56. All roof–mounted equipment, satellite dish antennas, and other similar apparatus shall be screened from public view in a manner incorporated into the architectural design of the building to the satisfaction of the Planning Division. Equipment screening shall be provided to completely cover from view any rooftop equipment.

The screening shall completely cover all equipment from view from any part of the public right–of–way.

57. Decorative foam trim shall not be used in areas subject to damage such as entry doors, garage doors, etc. Use of decorative foam shall not be allowed to be used below the second story.

58. All trash enclosures shall be constructed of material consistent with the primary type and color of that used on the building. The construction of such trash enclosure(s) shall conform to City standards and shall have a solid roof complementary to the main building. Black–colored concrete shall be used for the trash enclosure floor and its apron.

59. All landscape planting areas shall have 100 percent irrigation coverage by an automatic irrigation system. Landscape maintenance shall be subject to immediate and periodic inspections by the City. The property owner shall be required to remedy any defects in grounds maintenance and replace any trees, shrubs, vines, or groundcover with a similar species, size, and quantity that are lost due to unauthorized removal, disease, windstorm, or other natural disasters as indicated by the City inspector, within two weeks after notification. Inspections shall be based on automatic landscape irrigation schedule, plant maintenance, weed, and rubbish control, landscape plan approval, and any other area that is incidental to grounds maintenance.

60. Construction drawings submitted to the Building Division for plan check review shall comply with Montclair Security Ordinance No. 357; including, but not limited to, adherence to the following standards.

61. The numerical address of the building shall be displayed in a maximum of two locations on elevations as determined by the Director of Community Development. Numerals shall be in a font acceptable to the Director of Community Development, minimum 10 inches in height, minimum 1½ inches in–depth, and in a color that adequately contrasts with the background to which they are attached.

62. The facility shall be provided with a minimum maintained illumination level of one (1) foot candle from dusk until termination of business every business day.

During all other hours of darkness, a minimum of one–quarter (.25) foot–candles of illumination shall be maintained at grade.

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63. Discharge of wastewater into the sanitary sewer system shall conform to Chapter

9.20 of the Montclair Municipal Code.

64. No soil shall be imported or exported to or from the project site from an adjacent building site or other sources for construction purposes without first obtaining approval from the City Engineer. A plan satisfactory to the City Engineer shall be prepared to show the proposed haul route within the City. The subject plan shall include provisions for street sweeping and cleanup. Applicant/contractor shall comply with all National Pollution Discharge Elimination System (NPDES) requirements.

65. Underground Service Alert shall be notified 48 hours prior to any excavation at (800) 422–4133.

66. All off–site and on–site trenching and excavation shall conform to CAL–OSHA standards. Excavations that exceed five feet in depth require a CAL–OSHA permit.

67. Prior to the commencement of building framing or delivery of any combustible materials to the project site, an all–weather access roadway capable of supporting firefighting apparatus shall be constructed within 150 feet of all structures. All– weather access is defined as base course A.C. pavement to a minimum depth of 2½ inches and having a minimum width of 20'–0". The 20–foot width shall be maintained free and clear of construction equipment, materials, and debris for the duration of construction. The roadway is subject to Fire Department approval prior to commencement of construction.

68. The applicant/developer shall install approved emergency lighting to provide adequate illumination automatically in the event of any interruption of electrical service.

69. Temporary construction and storage trailers placed on the property shall first obtain approval from the Planning and Building Divisions. Before any trailer is set in its location, obtain all permits from the Building Division. Plans and structural calculations will be required for the tie–down devices. Trailers used for public use (and not used for construction only) are required to meet all accessibility requirements for use by persons with disabilities. The trailer will require access to the facility by way of ramps that comply with the California Building Code (CBC) 2019 edition, Chapter 11B, in addition to access to each required use of the trailer.

Environmental Compliance Conditions

70. Trash enclosures must be designed per the provisions of AB 341 Mandatory Commercial Recycling and AB 1826 Mandatory Commercial Organics Recycling as established by the California Department of Resources Recycling and Recovery (CalRecycle). Contact Steve Stanton, Engineering Division Manager at (909) 625– 9444 for more information.

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71. Submit written documentation from Burrtec Waste Industries, Inc. (Burrtec) indicating that a service agreement has been set up with Burrtec that meets all Mandatory Commercial Recycling Requirements (AB 341) and Mandatory Organics Recycling Requirements (AB 1826) for waste hauling as established by the State of California and that the appropriate number of refuse/recycling dumpsters has been established is required. Submit documentation to Steve Stanton, Engineering Division Manager at (909) 625–9444 [email protected] for more information.

72. The developer must complete and submit the City of Montclair’s Wastewater Discharge Survey to Environmental Compliance Coordinator Steve Stanton ([email protected]) for review to determine pretreatment/wastewater discharge requirements. Steve Stanton, Engineering Division Manager at (909) 625–9444 for more information. If the project includes or, is required the installation of a grease interceptor, the installation shall conform to Chapter 9.20 of the Montclair Municipal Code.

73. Connection to the City of Montclair Sanitary Sewer System is required. Additional comments may follow pending submittal of plans for plan check review.

Water Quality Management Plan (WQMP)

74. The property owner shall be responsible to contract with a qualified firm to inspect and maintain any stormwater treatment devices specified by the approved WQMP, following all WQMP recommendations. It shall also be the responsibility of the property owner to maintain inspection reports and have them readily available for review by City staff upon request. If any stormwater treatment device fails due to lack of, or, insufficient maintenance and/or inspection, or some other unforeseen circumstance, it shall be the responsibility of the property owner to correct the deficiency and restore the stormwater treatment device(s) to its original working condition.

75. The owner understands that if the stormwater treatment device is infeasible at the proposed location, and an alternative treatment device is proposed that may affect the site design project the owner may have to revisit with the Planning Department for any revised site changes.

76. The owner understands no permits are issued before the approval of the WQMP.

77. Prepare and submit plans for erosion and sediment control. Plans shall include all phases of the construction project, including rough grading, utility and road installation, and vertical construction to the satisfaction of the City Engineer. Contact Steve Stanton, Engineering Division Manager, at (909) 625– 9444.

78. At the time of Grading permit issuance; Post–Construction BMP inspection permit fees associated with the approved WQMP shall be paid. Contact Steve Stanton, Engineering Division Manager, at (909) 625–9444 for further information regarding permits and fees.

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79. Prior to issuance of a rough grading and/or precise grading permit, the applicant must:
a. Must have a City approved WQMP.
b. Submit to the Engineering Division an electronic copy of the approved WQMP and, erosion and sediment control plans in PDF format. c. Obtain a State Construction General Permit and proof must be shown (WDID Number) on both the rough grading plan and precise grading plan. d. Qualified SWPPP Developer and Practitioner contact information must be included on the title page of grading plans.

80. Prior to issuance of the Certificate of Occupancy, the applicant shall:
a. Submit to the Engineering Division as–built drawings as it relates to the WQMP and, provide adequate plan notes identifying grades, and elevations for all inlets, outlets, flow lines, and basins.
b. Submit the certification of the landscape document
c. Submit stamped and signed post–construction BMP certification by the Engineer of record, identifying that all BMPs have been installed per plans and specifications.
d. Record the WQMP Maintenance Agreement with the County of San Bernardino and provide evidence of said recording to the Engineering Division.
e. Provide an electronic copy of FINAL WQMP including all as–built drawings, certification forms, and recorded WQMP maintenance agreement as described above.

81. Prior to the release of the Certificate of Occupancy for the building, the person or corporation responsible for the preparation of the WQMP shall certify in writing to the NPDES Coordinator that all conditions and requirements of the WQMP have been implemented or complied with. For projects, developments, or properties intended to be leased or sold, the developer shall also submit evidence to the NPDES Coordinator that the lessee or purchaser has been advised in writing of the lessee’s or purchaser’s ongoing maintenance responsibilities concerning the requirements of the WQMP.

LANDSCAPE CONDITIONS OF APPROVAL ASSOCIATED WITH THE WQMP

82. Prior to receiving the Certificate of Occupancy, the Landscape Architect shall submit a Letter of Completion to both Planning Division and Engineering Division certifying that landscape materials and the irrigation system were installed per approved plans.

83. Property Owner/Lessee is required to employ a Bonded and California Licensed C–27 Landscape Contractor to conduct all landscaping on the property.

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84. The landscape contractor must have a City Business License to operate in the City of Montclair.

85. To ensure the landscaping associated with the stormwater treatment device(s) is maintained properly for the life of the project, the property owner/lessee must provide to the Public Works Department every third year after receiving the Certificate of Occupancy, a wet stamped letter of certification from a licensed, certified Landscape Architect, or recognized horticulturist organization or business.

86. The certified letter must state that the plants located within the boundaries of and immediately adjacent to stormwater treatment devices are currently in good health and have been maintained to continue to promote the long–term functional and aesthetic performance of the stormwater treatment device. For example, if the planted component of the stormwater device was designed to control erosion, aid in pollutant capture, or maintain permeability, the plant material must be kept at a level of health and vigor to continually meet these functional requirements.

87. Individuals qualified to submit the certification letter must be able to identify species present and report on their conditions. Providing the original planting design documents to the consulting horticulturist may help them in this process.

88. If mulch is present in the assessment area, this must be noted in the letter along with the current depth of the mulch layer and a description of which areas of the stormwater treatment device are mulched.

89. Five to ten clear and representative site photos showing the condition of the various plant materials located in and adjacent to the stormwater treatment device and any other notable conditions related to the device, printed in color on standard 8.5” x 11” paper, must also be submitted as part of the letter.

90. Representatives of the Public Works Department may follow up with site inspections to confirm the accuracy of certification letters and the overall functional condition of stormwater treatment devices.

Engineering

91. Subdivider/Owner shall comply with all requirements of the Subdivision Map Act and the Montclair Municipal Code. The owner/applicant shall process any right– of–way dedications, easements, or grant deeds required for the development.

92. Payment of transportation–related development impact fees is required. Fees shall be assessed at the rate in effect at the time the fees are paid.

93. A sidewalk layout plan that incorporates the required square scoring pattern for all public and private streets. The sidewalk layout plans shall comply with the following items:

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a. The sidewalk plan for this project shall utilize Sidewalk Joint Location (NMDSP Area) – Standard Plan No. 114; and
b. Coordinate square scoring pattern with curb and gutter control joints; and c. Include sidewalk ramps, driveways, streetlights, and other utility boxes to demonstrate how the square scoring pattern can be implemented to the greatest extent possible with only minor to no disruption of said pattern; and
d. The proper scoring shall be achieved by creating a narrow tooled joint in the wet cement; and
e. Finish quality and workmanship shall be to the satisfaction of the Directors of Public Works and Community Development. Unacceptable work shall be removed and reinstalled appropriately and acceptably.

94. Street improvement plans are required for all public and private streets.

Construction drawings shall be 24" by 36" with City standard title block.

Developer will also coordinate with the City Engineer to provide a fair share payment for street improvements at the intersection of Arrow Highway and Monte Vista including a landscaped median along Arrow Highway from Magnolia Avenue to Monte Vista Avenue.

95. Street names shall be at the discretion of the developer, subject to the approval of the Director of Public Works/City Engineer.

96. All streets public and private shall have sidewalks conforming to the Americans with Disabilities Act. Public and private streets shall have sidewalks on each side.

Widths and scoring patterns shall conform to City Standard 114.

97. Streetlights shall be provided on all public and private streets. The minimum lighting level for all streets shall be to the satisfaction of the City Engineer. Plans shall include point–by–point foot–candle values arranged in a grid verifying a minimum lighting level of 2 foot–candles throughout every intersection.

98. Streetlights on public streets shall be owned and maintained by Southern California Edison. The style of luminaire and pole shall be as follows:
a. Poles–Ameron "Corsican" pole, 20CT12 for interior streets and 20CT15 for arterials.
b. Color–Fillmore 12 (black), exposed finish with Amershield (graffiti coating). c. Luminaires–For interior streets King Luminaire K118LR "Washington" luminaire with standard (#1) finial, color "BK" (black); for arterial roadways, KA63 "Coshocton" twin arm, standard black full gloss.
d. Fixtures shall be fitted with reflectors or refractors as necessary to control glare and nuisance light spill onto residential units.

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99. Monument signs shall not be permitted in the line of sight triangles next to driveway locations (see City STD 110).
100. All pavement damaged by excavation will be replaced with permanent pavement per the City Standard for paving and trench repair STD No. 301. Additionally, a 2–inch pavement cap will be installed for the length of the project from the curb line to the centerline of Arrow Highway.
101. Replace all existing lifted or cracked curb gutter, damaged utility pull box lids, and the sidewalk adjacent to the property. Additionally remove the sidewalk that shows signs of ponding or is pitting, scaling, or spalling. Curb Ramps not in compliance with ADA guidelines will be removed and replaced. 102. The Applicant shall provide the design and construction of additional street lights along property frontage as required by the City Engineer. 103. All Utilities in the public right–of–way portion of each street frontage adjacent to the site shall be placed underground. This requirement applies to electrical services (facilities operated at nominal voltages in excess of 20,000 volts not included), transformers and switches, and where technology exists, telephone and cable television facilities as well.
104. Sewers intended to be maintained by the City of Montclair shall be designed and constructed per Public Works Department standards and shall be located in public streets or easements dedicated to the City for sanitary sewer purposes. Sewers not constructed per Public Works Department standards shall be constructed per California Building Code and City of Montclair Building Division requirements and shall be privately maintained.
105. Sewer improvement plans are required for all sewers, public or private, and shall include both plan and profile views on 24" by 36" construction drawings. 106. Street, sewer, and storm drain plans shall be submitted to the City Engineer's office for approval. An advance payment of a plan check fee, in the amount to be determined by the City Engineer, shall be required at the time plans are submitted. Construction and acceptance of street improvements, as per the approved plans, shall be required to obtain a release for a Certificate of Occupancy from the Building Division.
107. A Public Works construction permit shall be obtained from the Engineering Division prior to any removals or construction of improvements in the public right–of–way.
108. Approval of the WQMP is required prior to the preparation of grading and/or other improvement plans. Requirements for the WQMP may be obtained from the City NPDES Coordinator Steve Stanton at 909–625–9470. Requirements of the WQMP may require significant modifications to the approved tentative map. If significant modifications are required, a resubmittal to the Planning Commission and City Council may be required.

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109. A grading plan shall be prepared subject to the approval of the City Engineer. The applicant shall submit two (2) copies of a soils and geotechnical report for review and approval by the City Engineer. An erosion control plan is to be included and considered an integral part of the grading plan. Grading plans shall be designed in accordance with City standards and guidelines, and shall be on 24" by 36" sheets.
110. No soil may be imported or exported to or from the project site from any adjacent building site or other sources for construction purposes without first obtaining approval from the City Engineer. A plan acceptable to the City Engineer shall be prepared showing proposed haul routes within the City. The plan shall include provisions for street sweeping and cleanup. The contractor shall comply with all National Pollutant Discharge Elimination System (NPDES) requirements. 111. All drainage facilities shall comply with the requirements of the approved WQMP. 112. Developer shall participate in the creation of a new Community Facilities District (CFD) for the maintenance of public streets, street lighting, and parkway improvements; street sweeping; and street tree/park tree trimming all within limits or frontages of development, and including a public safety component. 113. A Parcel Merger application may be submitted for plan checking prior to, in conjunction with, or after the submittal of the public improvement plans. Parcel Merger submittals shall include a preliminary title report, reference deeds, closure calculations, reference maps, and other reference material as may be necessary to check the proposed merge. An advance plan check fee, the amount to be determined by the City Engineer, shall be required at the time application is submitted. Before approval of the Parcel Merger, a subdivision agreement will be required. The agreement shall contain provisions for performance and payment bonds for all work within the public rights–of–way, and a monumentation bond for corner monuments in accordance with the Subdivision Map Act. 114. Install street trees per approved landscape plans.

Fire
115. The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1–12 respectively.
116. The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the Montclair Municipal Code shall apply at the time the architectural plans are submitted for construction permits. 117. Prior to the issuance of grading permits a fire department access plan shall be submitted to the City of Montclair for review and approval. The fire department access plan shall comply with the requirements specified by the City of Montclair Guideline for Fire Department Access & Water Requirements for Commercial & Residential Development, and the California Fire Code, Chapter 5.

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118. Prior to the issuance of grading permits, evidence of sufficient fire flow shall be provided to the City of Montclair. The City of Montclair Building and Fire Marshal Water Available/Fire Flow Form shall be utilized.
119. A fire department access road complying with the CFC, Chapter 5, and the approved fire department access plans shall be installed prior to building construction.
120. The fire department access road shall be inspected by Montclair Fire Prevention Bureau prior to building construction.
121. The fire department access road shall remain unobstructed at all times. 122. A fire department connection (FDC) shall be provided and located within 50 feet of a public fire hydrant. The use of a private hydrant may be used with the use of an aboveground check valve to prevent the flow from the FDC back to the fire hydrant, and with the approval of the Montclair Fire Prevention Bureau. A minimum of two points of connection to the public water shall be provided for the private fire–line water.
123. The additional demand for the fire–line water on the project exceeds the private fire–line capacity of the original project. An additional connection to the public water shall be provided for the private fire–line water. 124. The private underground fire–line system shall have indicating sectional valves for every five (5) appurtenances per Code requirements NFPA 24. 125. The private underground fire–line system shall be a looped design. 126. All required fire hydrants shall be installed and operational prior to building construction. All fire hydrants shall remain operational during construction. 127. All required fire hydrants shall be readily visible and immediately accessible. A clear space of not less than 3 feet shall be maintained at all times. 128. Prior to construction a temporary address sign shall be posted and be clearly visible from the street.
129. The permanent building address shall be provided and either internally or externally lighted during hours of darkness. The address shall be clearly visible from the street fronting the property and comply with California Fire Code Section 505.1 for size and color.
130. Montclair Fire Prevention Bureau approval shall be obtained prior to the storage and/or use of hazardous materials as defined by the California Fire Code. 131. The building shall be provided with an automatic fire sprinkler system in accordance with NFPA 13. Construction plans shall be submitted for review and approval to the City of Montclair prior to installation.

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132. Prior to building final, the building shall be provided with a Knox Lock key box located no more than seven–feet above the finished surface and near the main entrance door.
133. Prior to the issuance of a Certificate of Occupancy, the building shall be provided with an emergency radio communication enhancement system. The emergency radio communication enhancement system shall meet the requirements of CFC § 510 and all applicable subsections. The system shall be installed and inspected by the City of Montclair Building Department before the Certificate of Occupancy is issued. The requirement can be waived by the Fire Marshal if the building is evaluated by an Emergency Radio Communication Specialist license by FCC, who certifies the building meets the emergency communications capability as specified by the California Fire Code § 510. The certification shall be in the form of a written report which outlines the analysis used in determining whether the building meets the emergency communications without an enhancement system. 134. Double Check Detector Assembly shall be painted Rustoleum Hunter Green, satin acrylic finish stock #7944502.

Police
135. No consumption of alcoholic beverages on any publicly accessible outdoor areas of the property shall be permitted except in approved outdoor dining areas or other events with the express approval of the City and the State Department of Alcoholic Beverage Control. Private, resident–only accessible areas (e.g., clubhouses, patios, access restricted gated areas, etc.) are exempt. 136. Management shall ensure all special events on the premises comply with all applicable City permits, codes, and ordinances, including but not limited to live entertainment permits, yard–sale permits, and noise control ordinances. 137. There shall be no special promotional events held on the property unless a written request for such is received and approved by the Director of Community Development and the Executive Director Office of Public Safety/Police Chief or their designee.
138. The premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking areas, open space areas, courtyards, pool area, building entries, and stairwells, or other common hallways/building access points. 139. The property owner/property manager shall prepare and submit a security plan for the entire development to be reviewed and approved by the Chief of Police of the Montclair Police Department. The Security Plan shall incorporate:
a. Adequate lighting to illuminate parking areas, public access easements, open space locations, pool areas, and at common hallway/building access points so that the appearance and conduct of all persons are easily discernible and monitored; and
b. A closed–circuit video surveillance (CCVS) system that meets the following requirements:

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i. A minimum amount of cameras shall be placed in a position to monitor all entrances/exits to the community, public access easements, parking areas, public streets, and common areas (e.g., park space, courtyards, pool areas, etc.). The final location and quantity of cameras are to be determined in the “Security Plan”. ii. Cameras shall be capable of no less a resolution than 1920×1080 pixels, otherwise known as 1080p. All cameras shall have IR or low light capability.
iii. The CCVS system shall have ample storage capacity to retain camera footage for no less than 90 days. To avoid unintentional lapses in coverage cameras shall not be motion activated. However, to conserve storage space, cameras may use motion sensors to lower the frames–per–second (FPS) during periods when no motion is detected. When motion is detected, cameras shall record no less than 30 frames per second.
140. Alarm systems are encouraged to complement the CCVS system. Current responsible party information shall be on file with the Police Department for appropriate response and notifications.
141. The property owner/property manager shall ensure all special events on the premises comply with all applicable City permits, codes, and ordinances, including but not limited to live entertainment permits, yard–sale permits, and noise control ordinances.
142. The Montclair Police Department may conduct parking enforcement activity on all public right–of–ways, pursuant to the California Vehicle Code. Enforcement of all off–street areas will be the responsibility of the property owner/property manager, as part of an approved Parking Management Plan.

CONDITIONS PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY AND/OR BUILDING PERMIT FINALS (Conditions 143 – 149)
Planning/Administration
143. Complete the formation of the CFD per condition No. 16). 144. Required parking spaces shall be provided and made available for use pursuant to a Building Permit final, prior to the issuance of a Certificate of Occupancy for any residential building in the project.
145. A Certificate of Occupancy for the last building as identified in the Construction Phasing Plan (Condition No. 24) shall be contingent upon the completion of all aspects of the project including, but not limited to the:
a. Completion of all public street improvements; and
b. Public Park improvements; and
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c. On–site improvements and landscaping for each building site. 146. To ensure compliance with the conditions of approval, a final inspection is required by the Planning Division upon completion of construction of each building and associated site improvements within the development. The applicant shall contact the City to schedule an appointment for such inspections.

Building
147. Prior to the issuance of a Certificate of Occupancy for each building/structure, the applicant shall:
a. Complete all on–and off–site improvements.
b. Provide a grading certificate, signed and sealed by the Civil Engineer of Record certifying that all grading has been completed according to the approved plans and all buildings and structures are in the called–out location as stated on the plans.
c. Complete Fire Department inspection and obtain final approval. Obtain final approval from all departments and the Monte Vista Water District.

Water Quality Management Plan (WQMP)
148. Prior to issuance of a Certificate of Occupancy, the applicant shall:
a. Submit to the Engineering Division an electronic copy of the approved WQMP in PDF format.
b. Submit to the Engineering Division as–built drawings as it relates to the WQMP.
c. Record the WQMP Maintenance Agreement with the County of San Bernardino and provide evidence of said recording to the Engineering Division.
149. Prior to the release of the Certificate of Occupancy for the first building of the project, the person or corporation responsible for the preparation of the WQMP shall certify in writing to the NPDES Coordinator that all conditions and requirements of the WQMP have been properly implemented. For projects, developments, or properties intended to be leased or sold, the developer/applicant or owner shall also submit evidence to the NPDES Coordinator that the lessee or purchaser has been advised in writing of the lessee’s or purchaser’s ongoing maintenance responsibilities for the requirements of the WQMP.

ONGOING CONDITIONS (Conditions Nos. 150–155)
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General
150. Comply with all conditions stated or referenced in these “Conditions of Approval” that apply as ongoing rules, requirements, or conditions.

Planning/Administration
151. Implement all requirements and conditions of, and perform, maintenance activities in conformance with the Regulatory Agreement. 152. Comply with all ongoing terms and conditions contained in the Master Solid Waste Removal Plan (SWRP).
153. Pursuant to Section 11.60.240 of the Montclair Municipal Code, all landscaping and irrigation systems shall be maintained in accordance with the approved site and/or landscape plan to ensure water use efficiency.
a. Any plant material that does not survive or which was removed or destroyed shall be replaced upon its demise or removal, with plant material of like type and size as that which was originally approved and installed. b. Plant material shall not be severely pruned such that the natural growth pattern or characteristic form is significantly altered. Trees shall be pruned to ISA (International Society of Arboriculture) standards and only as necessary to promote healthy growth and for aesthetic purposes (i.e., to enhance the natural form of the tree). Improperly or severely pruned trees, including topping as defined by the Water Conservation Ordinance, which results in the removal of the normal canopy and/or disfigurement of the tree shall be replaced with trees of similar size and maturity as that which was removed or, as required by the Community Development Director. c. Dead vegetation shall be promptly replaced with healthy, living plants following standard seasonal planting practices. The property owner shall also be responsible to keep the landscaped areas reasonably free of weeds, trash, and debris.
d. Modifications to and/or removal of existing landscaping shall require prior approval by the Planning Division.

Building
154. In conformance with the Regulatory Agreement, the applicant and/or property owner shall:
a. Maintain the building’s signs, lighting, landscaping, and all improvements in good working order at all times.
b. Remove any accumulation of trash, weeds, or debris on the property. c. Remove graffiti on any building or associated improvements, and/or within 48 hours upon notification by the City.

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Water Quality Management Plan (WQMP)
155. The owner shall contract with a qualified firm to inspect and maintain any stormwater treatment devices specified by the approved WQMP, following all WQMP recommendations. It shall be the responsibility of the owner to maintain inspection reports and provide inspection reports to the City upon request. In the event any stormwater treatment device fails due to lack of, or insufficient maintenance and/or inspection, or some other unforeseen circumstance, it shall be the responsibility of the owner to correct the deficiency and restore the stormwater treatment device(s) to it.

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CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending June 30, 2022.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending June 30, 2022.

FISCAL IMPACT: Routine—report of City's cash and investments.

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending June 30, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: L. LEW/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTERS AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Registers and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Ruh has examined the Warrant Registers dated July 5 and 18, 2022, and the Payroll Documentation dated June 5, 2022, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated July 5, 2022, totals $546,595.92. The Warrant Register dated July 20, 2022, totals $2,318,522.15.

The Payroll Documentation dated June 5, 2022 totals $700,054.12 gross, with $487,352.21 net being the total cash disbursement.

RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Register and Payroll Documentation.

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CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending June 30, 2022, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending June 30, 2022.

FISCAL IMPACT: Routine—report of the Successor Agency's cash.

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending June 30, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending June 30, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Successor to the Redevelopment Agency Warrant Register dated 06.01.22–06.30.22 in the amounts of $6,176.35 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

FISCAL IMPACT: Routine—report of Agency's obligations.

RECOMMENDATION: Vice Chair Ruh recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending June 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 55 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending June 30, 2022, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending June 30, 2022.

FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending June 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 56 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending June 30, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 06.01.22–

06.30.22 in the amount of $119,810.69 for the Montclair Housing Corporation and finds it to be in order.

FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.

RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending June 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 57 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending June 30, 2022, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending June 30, 2022.

FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending June 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 58 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending June 30, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 06.01.22–

06.30.22 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.

FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.

RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending June 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 59 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: TRN110A/PUB135
DEPT.: PUBLIC WORKS
PREPARER: S. STANTON
SUBJECT: CONSIDER APPROVAL OF THE FILING OF A NOTICE OF COMPLETION FOR THE

PACIFIC ELECTRIC TRAIL BRIDGE REPLACEMENT PROJECT WITH THE SAN BERNARDINO COUNTY RECORDER’S OFFICE
CONSIDER AUTHORIZING THE RELEASE OF RETENTION OF THE PAYMENT BOND 30

DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION
REASON FOR CONSIDERATION: State law requires Notice of Completions to be recorded with the County Recorder upon acceptance of a Public Works project. The City Council is requested to consider approving the filing of a Notice of Completion with the San Bernardino County Recorder’s Office and taking related actions concerning the Pacific Electric Trail Bridge Replacement Project.

BACKGROUND: On January 18, 2022, Sunquest General Engineering, Inc. was awarded a construction contract for the Pacific Electric Trail Bridge Replacement Project and entered into Agreement No. 22–04 with the City. The project included demolition of the damaged bridge, site preparation, placement of the new bridge, and fabrication of electrical conduits and handrails. Sunquest General Engineering, Inc. was awarded a construction contract for $117,080.

During construction, there were three change orders that ultimately resulted in a decrease in the overall project cost. The final construction cost was $114,043.00 resulting in a savings of $3,037.

Aside from construction costs, the project had additional expenses that included design, purchase of the bridge, and advertisement of the project. The additional expenses totaled $168,355.67. The overall cost for the replacement of the bridge is $282,398.67.

The City was granted a total amount of $327,000 from the San Bernardino County Transportation Authority (SBCTA) for replacement costs of the bridge. The bridge was completed $44,601.33 below the appropriated amount from SBCTA.

FISCAL IMPACT: The construction cost for the Pacific Electric Trail Bridge Replacement Project was $114,043, well within the contract award authority of $117,080. The project did not impact the City’s General Fund because the SBCTA grant covered the total project cost of $282,398.67.

RECOMMENDATION: Staff recommends that the City Council take the following actions related to the Pacific Electric Trail Bridge Replacement Project:

1. Approve the filing of a Notice of Completion for the Pacific Electric Trail Bridge Replacement Project by Sunquest General Engineering, Inc., with the San Bernardino County Recorder’s Office.

2. Authorize the release of retention of the payment bond 30 days after recordation of the Notice of Completion.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 60 of 259 RECORDING REQUESTED BY:

City of Montclair

AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO:

NAME: City of Montclair
STREET ADDRESS: 5111 Benito Street

CITY, STATE & ZIP
CODE: Montclair, CA 91763
Government Code 6103
(Space above this line for Recorder's Use Only)

NOTICE OF COMPLETION
NOTICE is hereby given that: The undersigned is the owner of an interest of estate in the hereinafter described property, the nature of which said interest or estate is fee:

The full name and address of the undersigned
is:

Monica Heredia, P.E.

Public Works Director/City Engineer
5111 Benito Street
Montclair, CA 91763
The work was completed on that certain work known as:

Pacific Electric Trail Bridge Replacement Project
for the undersigned City of Montclair,
a Municipal Corporation, on the 15th day of June 2022
The City accepted the job on the 15th day of June 2022
The Contractor on said job was:

Sunquest General Engineering, Inc.
16128 Fruitvale Rd.

Valley Center, CA. 92082
The improvement consisted of:

Removal and replacement of a damaged bicycle and pedestrian bridge The property upon which said work of improvement was completed is described as Address:
8700 Monte Vista Avenue, Montclair, CA 91763

VERIFICATION
I, the undersigned, say that I am agent for the owner of the aforesaid interest or estate in the property described in the above notice. I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on: July 18, 2022 at 5111 Benito Street, Montclair, California Monica Heredia, P.E.

Public Works Director/City Engineer
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 61 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: TRN550/PUB200
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER RECEIVING AND FILING THE SAN ANTONIO CREEK TRAIL FEASIBILITY STUDY BY ALTA PLANNING + DESIGN, INC.

REASON FOR CONSIDERATION: The San Antonio Creek Trail Feasibility Study has been completed and the City Council is requested to consider receiving and filing the feasibility study.

BACKGROUND: On October 28, 2020, the City entered into a Restricted Grant Agreement (RGA) with the California Department of Transportation for the City of Montclair San Antonio Creek Channel Multimodal Connectivity Plan. The total grant of $201,000 included $177,945 for preparation of a feasibility study and a required a local match of $23,055. At its meeting on February 16, 2021, the City Council approved Agreement No. 21–05 with Alta Planning + Design, Inc. (Alta) for preparation of the feasibility study, and the City met the local match with City staff time.

The scope of work of the feasibility study included the following:
 Project Overview
 Goals and Objectives
 Public Outreach
 Existing Conditions and Constraints
 Trail Design Standards
 Operations and Maintenance
 Cost and Funding
 Quarterly Reports
 Final Report
Montclair’s vision for the San Antonio Creek Trail consists of a vibrant, connected, and safe multi–use greenway path that will run through the entire City from its northern limits at the Pacific Electric (PE) Trail near Monte Vista Avenue and Richton Street, and continuing three miles south to Montclair’s border at Mission Boulevard. When complete, the entire length of the trail would provide new connections between neighborhoods and to parks, recreation centers, schools, transit areas, job centers, and other community destinations.

Building the San Antonio Creek Trail would bring a number of quality–of–life improvements to the Montclair community, identified by various state agencies as a disadvantaged community. An investment in the San Antonio Creek Trail would improve public health, economic opportunity, and environmental and transportation benefits for the Montclair community and surrounding cities. Environmentally, construction of the trail could encourage area residents to shift from the use of personal vehicles to other forms of transportation, including walking, cycling, and the use of public transit, resulting in lower traffic congestion, lower greenhouse gas emissions, improved air MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 62 of 259 quality, and higher levels of physical activity, thereby improving the health and wellbeing of the region’s residents.

The proposed future trail would provide opportunities for residents making trips across the region to get to work or school, run errands, or visit friends and family through an active transportation network. Proximity of the trail to the Montclair Transcenter, a major transit hub with connections to rail and bus services, would create an important link for commuters connecting to other parts of the Southern California region and other forms of public transit.

Additionally, because modes such as walking and biking provide some of the lowest– cost forms of transportation, constructing the trail is projected to produce positive economic, transportation, and equity benefits for those disadvantaged communities adjacent to the San Antonio Creek Trail.

The feasibility study was produced with input and collaboration from City staff and key stakeholders including Caltrans, the Chino Basin Water Conservation District (CBWCD), private developers, various rail agencies, and community members. A copy of the completed feasibility study is available to download and view online and is on file in the Public Works Department. Hard copies were also provided to the City Council during the Council Workshop on May 2, 2022, during which the feasibility study was first presented to the City Council.

The proposed trail was split into five segments, as illustrated in Exhibit A to this report.

Segments break at locations of major barriers (Metrolink Railway, I–10 Freeway, and Union Pacific Railway) and/or logical construction phases that connect to existing or planned active transportation facilities or key community destinations.

Segment 1: Pacific Electric Trail to Arrow Highway
The northern limits of the City and project corridor are bordered by the PE Trail. As the San Antonio Creek channel moves south through Segment 1, it crosses the existing Metrolink rail corridor, and there are several alignment alternatives to navigate this barrier. The segment ends at the first major road crossing at Arrow Highway. This alignment features a path along the west bank of the creek channel with a diagonal overcrossing at the Metrolink rail line, and continues along the east bank of the creek corridor along the Montclair Police Department property, running south to Arrow Highway. There are fewer challenges when it comes to easements with this segment, and rail line overcrossings are generally preferred by Metrolink. The section north of the rail line will be improved as part of a planned development known as Montclair Station.

The trail to the south of the rail line can utilize the existing wide parkway area along the Police Department property to connect to the segment north of the rail line.

Segment 1 Design Construction
Short Term Cost — At–Grade Construction $326,371 $2,175,808 Long Term Cost — Option A (Overcrossing) $2,487,594 $16,583,958 Long Term Cost — Option B (Undercrossing) $3,128,879 $20,859,192 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 63 of 259 Segment 2: Arrow Highway to San Jose Street
As the San Antonio Creek channel moves south through the City, it passes along the west edge of four large percolation basins operated by the CBWCD. The west bank alignment in Segment 2 maximizes area for additional landscape planting, with some areas close to 25 feet wide. There are opportunities along the west bank for trailheads and a connection to Moreno Vista Park. The west bank does not fall within the CBWCD basins, and therefore does not conflict with basin or power line operations and maintenance. The design cost estimate is $348,840 and the estimated construction cost is $2,674,439. The total project cost for Segment 2 is $3,023,279.

Segment 3: San Jose Street to San Bernardino Street
In Segment 3, the San Antonio creek corridor passes along basins 3 and 4 and crosses the I–10 Freeway, which is identified as a major barrier. The west bank alignment starting north of the I–10 Freeway travels south to utilize an existing I–10 freeway undercrossing.

South of the I–10 freeway, the alignment crosses a local street and switches to the east side of the creek channel along the CBWCD basin. At this location, the alignment provides direct connection to paths and amenities within the CBWCD Waterwise Community Center.

Segment 3 Design Construction
Short Term Cost — At–Grade Construction $311,014 $2,073,428 Long Term Cost — Grade Separated Construction $1,141,325 $7,608,835 Segment 4: San Bernardino Street to Holt Boulevard
Segment 4 does not cross any major barriers until it reaches Holt Boulevard, and the surrounding context is mainly residential. The east bank alignment in Segment 4 provides an opportunity for direct connection to Sunset Park and Lehigh Elementary School for recreational and educational opportunities, respectively. The design cost estimate is $1,452,722. The construction cost estimate is $9,684,813. The total project cost for Segment 4 is $11,137,535.

Segment 5: Holt Boulevard to Mission Boulevard
The final segment of the corridor crosses two major barriers: Holt Boulevard and the Union Pacific (UP) rail corridor. Due to the major constraints surrounding the UP rail crossing and the surrounding largely industrial land use south of Holt Boulevard, the trail construction would temporarily terminate at Holt Boulevard. A future phase of the trail’s development can extend the trail south from Holt Boulevard to Mission Boulevard, and potentially link with future extension and development of the trail in the City of Pomona. This extension will require further funding and coordination with UP. The preferred alignment for Segment 5 is on the west bank with at–grade crossing at Holt Boulevard and overcrossing at the UP rail corridor. This alignment provides more space for a path to ramp up and cross the UP rail corridor, which makes it the most feasible alignment that follows along the channel.

Segment 5 Design Construction
Short Term Cost — At–Grade Construction $876,868 $5,845,784 Long Term Cost — Option A (Bend Grade Separation) $3,594,658 $23,964,387 Long Term Cost — Option B (Straight Grade Separation) $3,589,709 $23,931,390 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 64 of 259 Currently, there is an existing trail on both sides of the San Antonio Creek Channel in the City of Upland between 11th Street and Foothill Boulevard. Staff is working on the design of the pilot trail project along the east side of the San Antonio Creek Channel as part of the grant–funded Sunset Park improvements. Finally, it is the intent of staff to pursue grant funding for the design and construction of future segments of the San Antonio Creek Trail.

FISCAL IMPACT: The feasibility study was funded through the Sustainable Communities SB 1 Grant funds received through the Caltrans Sustainable Transportation Planning Program. The City Council’s receiving and filing of the feasibility study would have no direct fiscal impact.

RECOMMENDATION: Staff recommends the City Council receive and file the San Antonio Creek Trail Feasibility Study by Alta Planning + Design, Inc.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 65 of 259

EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 66 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: LDU600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF TRACT MAP NO. 20384 FOR 10680 SILICON AVENUE CONSIDER AUTHORIZING STAFF TO RECORD TRACT MAP NO. 20384 WITH THE SAN BERNARDINO COUNTY RECORDER’S OFFICE
REASON FOR CONSIDERATION: Pursuant to Montclair Municipal Code Chapter 11.86, all subdivisions of land associated with development projects are subject to final review and approval by the City Council.

BACKGROUND: On July 19, 2021, the City Council approved Tentative Tract Map No. 20384 to create 20 industrial condominiums at 10680 Silicon Avenue. The project is known as The Orange Grove Business Park. The General Plan land use designation of this 3.18–acre site is Business Park, and the zoning is M–1 Limited Manufacturing.

Site improvement associated with the map include the following elements:
 108 onsite parking spaces
 Trash enclosures
 A master sign program
 Drought–tolerant landscaping
 New perimeter walls and fencing
As part of an industrial condominium project, Covenant, Conditions, and Restrictions (CC&Rs) are required and must be recorded with the approved Tract Map to ensure proper maintenance of the property, including areas owned in common. The CC&Rs will be administered by a property management company to ensure daily maintenance, assignment of parking spaces, proper use of the units, and security of the site.

Finally, the tract map is consistent with the City of Montclair’s General Plan and Zoning Ordinance requirements for parcels within the M–1 zone. The City’s Public Works Department reviewed and approved the improvement plans.

FISCAL IMPACT: Approval of Tract Map No. 20384, in conjunction with the development of the site, would result in positive long–term economic benefits for the City. The new project improvements would enhance property values in the area and offer new business opportunities not present on the site and that contribute to additional tax revenue to the City.

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

1. Approve Tract Map No. 20384 for 10680 Silicon Avenue.

2. Authorize staff to record Tract Map No. 20384 with the San Bernardino County Recorder’s Office.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 67 of 259 JULY 2021
D.C. QUEYREL
L.S. NO. 7703
ANACAL ENGINEERING CO.

IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
TRACT MAP NO. 20384
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 68 of 259 JULY 2021
D.C. QUEYREL
L.S. NO. 7703
ANACAL ENGINEERING CO.

IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
TRACT MAP NO. 20384
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 69 of 259

SILICON AVENUE CL
LOT 1

SEE DETAIL
HEREON

HOLT BOULEVARD
CL

SILICON

AVENUE CLSTATE STREET CL
KADOTA

AVENUE CL
JULY 2021
ANACAL ENGINEERING CO. D.C. QUEYREL

IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
DETAIL
MONUMENTATION NOTES:

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 70 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 12
FILE I.D.: PUB355/CVC060
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER AUTHORIZING A $23,680 APPROPRIATION FROM THE CONTINGENCY FUND FOR EMERGENCY REPLACEMENT OF 20 PREMIER LINK CONTROLLERS FOR AIR CONDITIONING UNITS DAMAGED BY THE THUNDERSTORM ON JUNE 22, 2022 REASON FOR CONSIDERATION: The City council is requested to consider authorizing the emergency replacement of twenty Premier Link controllers. Unbudgeted purchases over $15,000 require City Council approval.

BACKGROUND: On June 22, 2022, lightning from a thunderstorm short–circuited twenty Premier Link controllers on air conditioning units throughout City facilities. Premier Link controllers are circuit boards that control the communication between the air conditioning units and the computer server. Currently, staff is unable to communicate with and program twenty air conditioning units. The affected air conditioning units cannot be turned on, turned off, or have temperature settings adjusted.

The air conditioning units that are affected supply air conditioning and heat to offices and common rooms throughout City Hall, the Center and Recreation Centers, the Library, the City Yard, and Fire Station No. 152.

Staff recommends replacement of the Premier Link controllers by AirEx. AirEx is considered the Vendor of Choice as they are a Carrier controls expert and are familiar with all of the HVAC units throughout the City that are controlled by the Carrier iVu system.

FISCAL IMPACT: The cost to replace twenty Premier Link controllers is $23,680.

RECOMMENDATION: Staff recommends the City Council authorize a $23,680 appropriation from the Contingency Fund for the emergency replacement of twenty Premier Link controllers for air conditioning units damaged by the thunderstorm on June 22, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 71 of 259 Project Information
Regarding: Controller Replacements
Site Name: Civic Center
Address & City: Montclair, CA
Attention: Mathew Paradis
Dear Mathew,
X Permits or permit fees X
X Drawings
X Work outside the stated scope
X Repair or replacement of other components or systems
Price: $23,680.00
Fixed price, valid for 60 Days
Respectfully, Authorized Signature:

Paul Stube
Paul Stube
Service Manager
[email protected] Name:______________________________________ Air-Ex Air Conditioning Inc. warrants its own labor for 90 days on equipment repaired. Air-Ex Air Conditioning Inc. does not warrant nor is it liable for equipment or any consequential damages resulting from any breakdown or defect there in. Buyer/owner shall look to the manufacture for any applicable warranties. Not responsible for mold abatement or mold growth. The foregoing warranty is made in lieu of and in consideration for, the waiver of all other warranties, expressed or implied, and there are no other warranties except the foregoing.

Pricing :

MONTCLAIR, CA 91763
Emergency Service after Hours Call: (909) 596-6856
Your business is important to us. Our goal is to provide quality services with lasting results by supporting you and your building’s systems. If the scope of the proposed work and its listed price is acceptable, please provide your authorized signature below so that we may schedule the work requested. Should you have any questions, feel free to give us a call.

By:__________________________________
Thank you for the opportunity to be of service to you and the City of Montclair. The following proposal includes the labor and material to remove and replace up to twenty (20) Carrier Premier Link Controllers that have recently failed.

1. Shut off power to unit being worked on.

2. Disconnect wiring from Premier Link controller and remove.

3. Install new controller.

4. Power on unit and program new controller to match the previous settings.

5. Verify operation of unit and graphics on i-Vu.

6. Remove trash and debris from the above scope of work to Air-Ex refuse container. 6am to 4:30pm Monday thru Friday
Exclusions: Work Hours: when services to be performed
By acceptance of said services, buyer/owner agrees to
pay 1 1/2% per month service charge on all past due
accounts, as well as any attorney's fees and collection costs incurred.

Scope of Work for each controller:

Support Services Proposal
Tuesday, July 5, 2022
PO BOX 2308

CITY OF MONTCLAIR
C:\Users\ServiceMgr01\Documents\Service Manager\Quote Sheets\Montclair Civic Center PremierLink Controllers.xlsm MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 72 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PTD175
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–40 WITH CORELOGIC SOLUTIONS,

LLC FOR PARCELPOINT GIS MAPPING DATA ACCESS FOR USE IN CAD/RMS AND NEXT GENERATION 9–1–1 SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY

THE CITY ATTORNEY
CONSIDER AUTHORIZING A $2,010 APPROPRIATION FROM THE PROP 30/AB 109 FUND TO PAY THE COSTS ASSOCIATED WITH AGREEMENT NO. 22–40 REASON FOR CONSIDERATION: To respond more efficiently to reported emergencies, the City Council is requested to consider approval of Agreement No. 22–40 with Corelogic Solutions, LLC for ParcelPoint GIS mapping data access for use in CAD/RMS and Next Generation 9–1–1 services, and to authorize a $2,010 appropriation from the Prop 30/AB 109 Fund to pay the costs associated with said agreement.

A copy of proposed Agreement No. 22–40 is attached for the City Council’s review and consideration.

BACKGROUND: City of Montclair public safety departments rely on accurate mapping data for both 9–1–1 response as well as accurate tracking of crimes and other emergencies. As technology has improved, street addresses have been augmented with GPS maps of streets, helping Police and Fire Department personnel arrive quickly and safely. Technology continues to improve, and the Next Generation of 9–1–1 is being developed and is nearing completion. Next Generation 9–1–1 will have additional advanced features including the ability to more accurately pinpoint the source and provide enhanced caller information. In order to function properly, more precise GIS mapping data is required than what the City currently uses. The California Office of Emergency Services, which is facilitating our Next Generation 9–1–1 update, is requiring this enhanced mapping data before implementation can begin. This had been delayed due to the pandemic, but is expected to be completed soon.

As a side benefit, this enhanced mapping data provides a significant advantage to the Police Department, which is the Public Safety Answering Point through which all 9–1–1 calls are filtered. The data can also be utilized in the recently upgraded Computer Aided Dispatch and Records Management System, providing dispatch and responding officers address data for each parcel, more accurate boundary lines, and property owner information. This data changes regularly as boundaries move and property owners change. Having this data update regularly is imperative to maintaining the capabilities of the new systems.

The Information Technology Department identified Corelogic as the preferred vendor to provide this service and noted it is a local vendor that has been utilized in the past to provide GIS mapping data for other City projects. There are no other viable alternatives to provide this data at a comparable price.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 73 of 259 Corelogic Solutions, LLC provided a quote of $2,010 for a year of access to its ParcelPoint GIS mapping data for the City, which includes four updates per year. The term of the proposed agreement is one year with a 3 percent cost increase for each year thereafter.

FISCAL IMPACT: If authorized by the City Council, funding for Agreement No. 22–40 would result in an appropriation of $2,010 from the Prop 30/AB 109 Fund (1141).

Additional years of service, if authorized by the City Council, would result in an expenditure of $2,010 plus 3 percent for each year thereafter from the City’s General Fund.

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

1. Approve Agreement No. 22–40 with Corelogic Solutions, LLC for ParcelPoint GIS mapping data access for use in CAD/RMS and Next Generation 9–1–1 services, subject to any revisions deemed necessary by the City Attorney.

2. Authorize a $2,010 appropriation from the Prop 30/AB 109 Fund to pay for the costs associated with Agreement No. 22–40.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 74 of 259 SR000443655501 MSA 07 10 2022 jc Page 1 of 8 Confidential 2010-8FSK8J CLv110120-1

MASTER SERVICES AGREEMENT
This Master Services Agreement (“MSA”) is entered into between CoreLogic Solutions, LLC, a California limited liability company, having its principal place of business at 40 Pacifica, Suite 900, Irvine, California 92618, together with its subsidiaries and affiliates (collectively, “CoreLogic”) and the customer identified below on this signature page, together with its subsidiaries and affiliates (“Customer”) (collectively, the “Parties,” or individually, a “Party”). This MSA is effective as of July 1, 2022 (the “Effective Date”).

The “Agreement” consists of: (i) this signature page; (ii) this MSA; (iii) any addendum that may be executed by the Parties from time to time setting forth additional terms related to specific CoreLogic services (each, an “Addendum”); and (iv) any written orders for CoreLogic services, together with any related exhibits or purchase orders thereto, executed by the Parties under this MSA (“SOWs”), all of which are incorporated herein by this reference.

The Agreement is the complete agreement between the Parties and replaces any prior or contemporaneous oral or written communications between the Parties concerning the subject matter of the SOW(s). There are no conditions, understandings, agreements, representations or warranties, express or implied, which are not specified herein. This MSA may only be modified by a written document expressly stated for such purpose and executed by the Parties.

IN WITNESS WHEREOF, the Parties have caused this MSA to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this MSA.

CITY OF MONTCLAIR
(“CUSTOMER”)
By:____________________________________
Authorized Signature
Name:

Title:

Date:

Address: Post Office Box 2308, 4870 Arrow Highway
Montclair, California 91763

CORELOGIC SOLUTIONS, LLC
(“CORELOGIC”)
By:

Authorized Signature
Name:

Title:

Date:

Address: 40 Pacifica, Suite 900
Irvine, California 92618
Agreement No. 22-40
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1. Agreement Structure.

1.1 Each SOW executed by the Parties under this MSA
shall be subject to these terms and conditions as well as any additional terms and conditions set forth in the Addendum hereunder applicable to such SOW, if any. Each SOW shall specifically reference this MSA, the Addendum to which such SOW is subject, if any, the specific services provided by CoreLogic to Customer (together with any applicable
documentation, corrections, bug fixes, updates or other modifications, the “Services”), delivery methods, and Fees; and set forth, to the extent applicable: (1) the authorized use of the Services (“Permitted Applications”); (2) any third parties authorized to use the Services or Customer’s products
incorporating or relying on the Services, as permitted in the Permitted Applications, for their own internal purposes only (“End Users”); (3) any entities authorized to use the Services as long as such entity controls, is controlled by, or is under common control with Customer (“Permitted Affiliate”); and (4) any independent entities authorized to store, access, process, or use the Services solely on behalf of Customer (“Permitted
Processor”) (End Users, Permitted Affiliates, and Permitted Processors collectively and as applicable, “Permitted Users”).

1.2 When fully executed by authorized signatories of the Parties, each SOW shall be incorporated into, and shall form a part of, this Agreement. Only the CoreLogic entity executing a specific Addendum or SOW shall incur any obligation or liability to Customer under such Addendum or SOW. Only the Customer entity executing a specific Addendum or SOW or named as a Permitted Affiliate shall incur any rights under such Addendum or SOW. The provisions of the various Agreement documents shall, to the extent possible, be interpreted so as to supplement each other and avoid any conflict between them. In the event of a conflict between this MSA, the Addendum and the applicable SOW, the order of precedence shall be as follows, listed in descending order of priority: the SOW; the Addendum; and this MSA.

2. Ownership. CoreLogic or its third party licensors own and hold all right, title and interest in and to the Services, including without limitation, all underlying data compilations and information, all materials related to the Services and all patents, trademarks, copyrights and trade secrets (collectively, “Intellectual Property”) derived from the Services,
notwithstanding that portions of the Services may be derived in whole or in part from publicly available sources. For the avoidance of doubt, CoreLogic does not own or have any right in and to Customer’s data and other materials received by Customer from its other suppliers.

3. Fees; Taxes.

3.1. Fees. Customer shall pay CoreLogic the fees for the Services (“Fees”) as set forth in each SOW within thirty (30) days of the date of CoreLogic’s invoice via check, electronic check, wire transfer/ACH, credit card (“Card”), or other payment method agreed by the Parties. If Customer elects to pay any Fees using a Card or via any electronic invoicing system or portal (“Invoicing Portal”), it may be subject to additional fees. In the event that Customer reasonably disputes any portion of an invoice and provides written notice and documentation of such dispute, the Parties shall resolve such dispute in good faith, provided that in all cases, Customer shall timely pay the undisputed portion of any disputed invoice. If Customer does not deliver a notice of dispute within such thirty (30) day period, Customer shall be deemed to have agreed to the Fees set forth therein. If full payment is not made in compliance with this Section 3.1 (Fees) or the applicable SOW, Customer may be assessed a late charge equal to one and one half (1½%) percent of the unpaid amount per month, or the maximum limit permitted by law, whichever is less. If Customer fails to pay any past due Fees not reasonably in dispute within thirty (30) days of CoreLogic’s written notice of such delinquency, CoreLogic, at its sole option, may suspend access or delivery of any Services provided under this Agreement until all past due charges and any related late charges are paid, or terminate the applicable SOW(s). During any period for which access or delivery of the Services is suspended, Customer shall continue to incur and pay any Fees due.

3.2. Taxes. Fees are exclusive of taxes. Customer shall be responsible for all legally required taxes, duties, or other assessments imposed upon the Services, exclusive of any income taxes imposed upon CoreLogic. When CoreLogic has the legal obligation to collect taxes, the appropriate amount shall be added to CoreLogic’s invoice via a separate line item and paid by Customer, unless Customer provides CoreLogic with a valid tax exemption certificate prior to issuance of the invoice. Such certificate must be in a form authorized by the appropriate taxing authority.

4. Trademarks. No right or license for either Party to use the trademarks or service marks (collectively, the “Marks”) of the other Party is granted under this Agreement, except that Customer shall have the limited right to use the Marks solely as they appear in the Services. Neither Party shall use the Marks of the other in any advertising or promotional material nor shall Customer disclose CoreLogic as a data source to any third party, except for such disclosures required by federal, state or local government law or regulations, or as otherwise may be prior authorized in writing by the other Party. Customer shall not remove, alter or obscure any Marks or proprietary notices contained in the Services or other materials provided by CoreLogic. For purposes of clarification, maintaining such Marks or proprietary notices in the Services or other materials provided by CoreLogic shall not be considered by CoreLogic to be a disclosure by Customer of CoreLogic as a data source.

5. Compliance with Law; CCPA.

5.1 Compliance with Law. CoreLogic’s provision of
the Services and Customer’s use of the Services shall comply with all applicable laws, statutes, ordinances and regulations, including if and to the extent applicable, the Gramm-Leach Bliley Act of 1999 (15 U.S.C. Section 6801 et seq.) and the regulations promulgated thereunder and the Interagency Guidelines
Establishing Standards for Safeguarding Customer Information.

Unless otherwise expressly stated in a SOW, Customer agrees and acknowledges that the Services are not “consumer reports” as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681, et. seq., and Customer shall not use, or permit any End User to use, the Services in whole or in part for the purpose of serving as a factor in establishing a consumer’s eligibility for credit, insurance, employment purposes, or any other purpose enumerated in 15 U.S.C. 1681b.

5.2 California Consumer Privacy Act (CCPA). This
Section 5.2 applies to the extent that either Party receives personal information of California consumers ("Personal Information") from the other Party for the purpose of providing services for the other Party under a SOW that is not otherwise subject to an exception or exclusion under the CCPA, provided that such SOW does not also permit the Personal Information to be licensed, resold, or redistributed to third parties. The Party providing the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 76 of 259 SR000443655501 Lic Addend 07 10 2022 jc Page 3 of 8 Confidential 2010-8FSK8J CLv110120-1
services is a "service provider" and the Party receiving the services is a "business" as defined by the CCPA (Cal. Civ. Code §§ 1798.100 et seq.) and the CCPA Regulations (Title 11, Div. 1, Ch 20. §§ 999.300 et seq.). The service provider will comply with the provisions set forth in § 999.314 (Service Providers), or successor provision, of the CCPA Regulations.

6. Confidentiality.

6.1. Confidential Information. Each Party may obtain
nonpublic information from the other Party that is confidential and proprietary in nature (“Confidential Information”). Such Confidential Information includes, but is not limited to, the terms of this Agreement, the Services and any information relating thereto, information regarding a Party’s current, future and proposed products and services, product designs, plans and roadmaps, prices and costs, trade secrets, patents, patent applications, development plans, ideas, samples, media, techniques, works of authorship, models, inventions, know-how, processes, algorithms, software schematics, code and source documents, data, formulas, financial information, procurement requirements, customer lists, suppliers, investors, employees, business and contractual relationships, sales and marketing plans, Personal Information, nonpublic personal information of consumers as defined by the Gramm-Leach-Bliley Act (15 U.S.C.

Section 6809) and any implementing regulations or guidelines, and any other information the receiving Party knows or
reasonably ought to know is confidential, proprietary, or trade secret information of the disclosing Party. Confidential Information may be written or verbal. Confidential Information also includes any and all third-party nonpublic information provided to the receiving Party by the disclosing Party.

6.2. Obligations. The Parties agree that at all times, and notwithstanding the termination or expiration of this Agreement, they shall hold all Confidential Information of the other Party in strict confidence and trust, and shall not use, reproduce or disclose the Confidential Information of the other Party to any person or entity except as specifically permitted in this Agreement. Any reproduction of Confidential Information shall remain the property of the disclosing Party and shall contain all confidential or proprietary notices or legends which appear on the original, unless otherwise authorized in writing by the disclosing Party.

Each Party may disclose Confidential Information of the other Party only to those of its contractors, consultants and advisors (collectively, “Representatives”) who have previously agreed to be bound by confidentiality terms and conditions at least as restrictive as those set forth in this Agreement and who have a need to know such information. The receiving Party shall be responsible for any use of the disclosing Party’s Confidential Information by the receiving Party’s Representatives. The receiving Party shall promptly notify the disclosing Party upon confirming any loss or unauthorized disclosure of the disclosing Party’s Confidential Information. Within thirty (30) days of the disclosing Party’s request, the receiving Party shall destroy the disclosing Party’s Confidential Information and certify such destruction in writing signed by an authorized representative of the receiving Party.

6.3. Exclusions to Confidentiality. The restrictions on use and disclosure of Confidential Information set forth in Section

6.2 (Obligations) shall not apply to the extent the Confidential Information: (i) is or becomes generally available to the public through no fault of the receiving Party (or anyone acting on its behalf); (ii) was previously rightfully known to the receiving Party free of any obligation to keep it confidential; (iii) is subsequently disclosed to the receiving Party by a third party who may rightfully transfer and disclose the information without restriction and free of any obligation to keep it confidential; (iv) is independently developed by the receiving Party or a third party without reference or access to the disclosing Party’s Confidential Information; or (v) is otherwise agreed upon in writing by the Parties not to be subject to the restrictions set forth in Section 6.2 (Obligation). Notwithstanding that portions of the Services may be derived in whole or in part from publicly available sources, the Services and any of CoreLogic’s databases used in deriving the Services are proprietary, copyrighted and trade secrets of CoreLogic and, for the avoidance of doubt, are not excluded under this Section 6.3 (Exclusions to Confidentiality) from the restrictions on use and disclosure set forth in Section 6.2 (Obligations). For clarification purposes, the foregoing sentence applies only to the Services and does not limit Customer’s ability to use information obtained from other sources.

6.4. Disclosures Required by Law. The receiving Party
may disclose Confidential Information if required to do so as a matter of law, regulation, subpoena or court order, provided that, to the extent legally permitted: (i) the receiving Party shall provide the disclosing Party with at least ten (10) days’ prior notice of such disclosure, (ii) the receiving Party shall disclose only that portion of the Confidential Information that is legally required to be furnished, (iii) the receiving Party shall use reasonable efforts to seek from the party to which the information must be disclosed confidential treatment of the disclosed Confidential Information; and (iv) the receiving Party allows the disclosing Party to intervene in the action at its own cost.

7. Information Security. Each Party shall implement or have an information security program that includes appropriate administrative, technical, and physical safeguards reasonably designed to: (i) ensure the security and confidentiality of consumer information; (ii) protect against any anticipated threats or hazards to the security or integrity of consumer information; (iii) protect against unauthorized access to or use of consumer information that could result in substantial harm or inconvenience to any consumer; (iv) notify the other Party of a security breach that materially impacts such Party’s Confidential Information and (v) ensures disposal of the consumer information in a secure manner. CoreLogic will furnish copies of applicable SSAE 18 or equivalent reports it has in its control for processing Services to Customer upon request. Customer is responsible for all activities that occur within Customer’s assigned CoreLogic account(s), excluding CoreLogic’s actions within such accounts. Customer shall: (a) prevent unauthorized access to, or use of, the CoreLogic provided applications (if any), and notify CoreLogic promptly of any such unauthorized access or use of which Customer becomes aware; (b) ensure that a user login is used by only one person (a single login shared by multiple persons is not permitted); and (c) maintain the security of its users’ CoreLogic account names and passwords.

8. Business Continuity. CoreLogic shall maintain appropriate contingency plans providing for continued operation in the event of a catastrophic event affecting CoreLogic business operations.

CoreLogic will furnish a summary of its business continuity policies and practices to Customer upon request.

9. Indemnification.

9.1. Indemnification by CoreLogic.
(a) CoreLogic shall indemnify, defend and hold
Customer harmless from and against any losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from a claim, suit or proceeding brought against Customer by a third party to the extent it is based on a claim that the Services infringe a United States Intellectual Property right (each, an “Infringement Claim”).

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conditioned upon: (i) Customer providing CoreLogic prompt written notice of the Infringement Claim or threat thereof; (ii) Customer giving CoreLogic full and exclusive authority to conduct the defense and settlement of the Infringement Claim and any subsequent appeal; and (iii) Customer giving CoreLogic all information and assistance reasonably requested by CoreLogic in connection with the conduct of the defense and settlement of the Infringement Claim and any subsequent appeal.
(b) In addition to CoreLogic’s indemnification
obligations under Section 9.1(a) above, if an Infringement Claim has been made, or in CoreLogic’s opinion is likely to be made, CoreLogic may, at its sole option and expense: (i) procure for Customer the right to continue using the Services; (ii) replace the applicable Services with substantially similar services; (iii) modify the Services so that it becomes non-infringing but maintains substantially similar functionality; (iv) instruct Customer to terminate its use of the affected Services and, in such instance, refund to Customer a pro-rata amount of any prepaid Fees actually paid by Customer for the unused portion of such Services. If Customer does not accept or comply with
CoreLogic’s chosen option, CoreLogic shall have no obligation to indemnify Customer for the Infringement Claim to the extent resulting from such refusal or noncompliance.
(c) Notwithstanding the foregoing, CoreLogic
shall have no obligation to indemnify Customer to the extent an Infringement Claim arises from (i) the combination, operation or use of the Services with any other software, data, products or materials not supplied by CoreLogic, (ii) the use of the Services other than as expressly provided in the Permitted Applications or otherwise in violation of the terms and conditions of this Agreement; (iii) the alteration or modification of the Services by any person other than CoreLogic; (iv) CoreLogic’s compliance with Customer’s designs, specifications or instructions. (d) THIS SECTION 9.1 (INDEMNIFICATION BY
CORELOGIC) SETS FORTH CORELOGIC’S ENTIRE

LIABILITY AND SOLE INDEMNIFICATION

OBLIGATIONS TO CUSTOMER WITH RESPECT TO ANY
THIRD PARTY CLAIMS.

9.2. Indemnification by Customer. Except for
CoreLogic’s indemnity obligations set forth in Section 9.1 (Indemnification by CoreLogic), Customer shall indemnify, defend and hold CoreLogic harmless from and against all losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from a claim, suit or proceeding brought against CoreLogic by a third party to the extent it is based on: (i) the use of the Services by the Customer or its Permitted Users (as defined in the applicable Addendum or set forth in the applicable SOW), and/or (ii) Customer’s provision of or CoreLogic’s use of any data, documentation or other materials provided by Customer under this Agreement.

CoreLogic shall control the defense and any settlement of such claim, and Customer shall cooperate with CoreLogic in defending against such claim.

10. Term; Termination.

10.1. Term. This MSA shall commence on the Effective
Date. Provided there are no active SOWs in place, either Party may terminate this MSA without cause upon notice to the other Party. The term of each SOW is as specified in such SOW.

10.2. Termination for Cause. A SOW may be terminated
by either Party if the other Party breaches any provision of such SOW, including a provision of this Agreement: (i) upon at least 30 days’ notice to the breaching Party if such breach is capable of being cured and the breaching Party does not cure such breach within the thirty (30) day period; or (ii) immediately upon notice to the breaching Party for a breach of any license grant, breach of Section 5 (Compliance with Law), or if such breach is not capable of being cured. Additionally, in the event of a breach of any license grant by Customer, CoreLogic may immediately suspend access to or delivery of the Services and/or all obligations of CoreLogic under this Agreement related to such Services shall cease until such breach is remedied. During any period for which access or delivery of the Services is suspended, Customer shall continue to incur and pay any Fees due.

10.3. Termination for Insolvency. Either Party may
immediately terminate this MSA upon written notice to the other Party in the event the other Party: (i) becomes insolvent; (ii) files, submits, initiates, agrees to or is subject to any bankruptcy petition, conservatorship, request or petition for appointment of a receiver, or demand or application for voluntary or involuntary dissolution; or (iii) makes a general assignment for the benefit of its creditors. In the event that Customer files bankruptcy, Customer agrees that, upon the written direction by CoreLogic, CoreLogic is a critical vendor under the Bankruptcy Code and will continue to be treated as a critical vendor throughout the bankruptcy case. In the event that the Customer files bankruptcy, Customer agrees that this Agreement is subject to Section 365 of the Bankruptcy Code. In the event that Customer files
bankruptcy, Customer consents that the automatic stay is hereby lifted with regard to the amounts owed by Customer to CoreLogic without need for further court order by CoreLogic.

10.4. Effects of Termination. Upon expiration or
termination of a SOW, all license rights granted by CoreLogic to Customer pursuant to such SOW shall terminate and Customer shall promptly pay CoreLogic in full for all Services accessed, ordered, or delivered. Customer acknowledges that Fees are based on a minimum term. If any SOW is terminated due to Customer’s breach, Customer shall, if applicable, promptly pay CoreLogic the full amount of any outstanding Fees for the remainder of the applicable term. Notwithstanding the foregoing, the Parties agree that if Customer orders or continues to use the Services after the expiration or termination of the applicable SOW, and CoreLogic accepts such orders or delivers such Services, then such orders and use of the Services shall be governed by the terms and conditions of this Agreement; provided, however, that acceptance by CoreLogic of any order or delivery of any Services after the expiration or termination of the SOW shall not be considered an extension or renewal of the applicable SOW, nor obligate CoreLogic to accept any future orders or continue to deliver the Services.

11. Disclaimer. CERTAIN SERVICES ARE BASED

UPON DATA COLLECTED FROM PUBLIC RECORDS
SOURCES. UNLESS OTHERWISE SET FORTH IN AN

ADDENDUM OR SOW, THE SERVICES ARE PROVIDED
“AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER

EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION, ANY WARRANTIES OF

MERCHANTABILITY, ACCURACY, COMPLETENESS,

AVAILABILITY, NON-INFRINGEMENT, OR FITNESS FOR

A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS

KNOWN TO CORELOGIC), OR ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE.

12. Limitation of Liability. EXCEPT FOR CORELOGIC’S

GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR
FRAUD, CORELOGIC’S TOTAL LIABILITY AND
CUSTOMER’S EXCLUSIVE REMEDY UNDER OR

RELATED TO ANY SOW UNDER THIS AGREEMENT IS

LIMITED TO DIRECT MONEY DAMAGES NOT

EXCEEDING THE AMOUNT PAID BY CUSTOMER TO
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CORELOGIC UNDER SUCH SOW DURING THE THREE (3)

MONTHS PRECEDING THE EVENT OR CIRCUMSTANCE
GIVING RISE TO SUCH CLAIM. THIS LIMIT IS

CUMULATIVE AND ALL PAYMENTS UNDER THE

APPLICABLE SOW ARE AGGREGATED TO CALCULATE
SATISFACTION OF THE LIMIT. THE EXISTENCE OF
MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. TO

THE FULLEST EXTENT PERMITTED BY APPLICABLE

LAW, IN NO EVENT SHALL CORELOGIC, OR ANY

PROVIDER OF INFORMATION USED BY CORELOGIC IN

PREPARING OR PROVIDING THE SERVICES, BE LIABLE

FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,

SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST

PROFITS OR REVENUE, OR LOST OR DAMAGED DATA,

WHETHER ARISING IN CONTRACT, TORT (INCLUDING

NEGLIGENCE) OR OTHERWISE, EVEN IF CORELOGIC IS

AWARE OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGES.

13. Customer Oversight; Regulatory Oversight; PreScreening of CoreLogic Personnel.

13.1. Customer Oversight. CoreLogic agrees to provide
an annual due diligence package which will include: (i) an information security program overview; (ii) a business continuity program overview; and (iii) a SSAE 18 or equivalent SOC report.

Customer, upon request, will also be entitled to review via a secure data portal, CoreLogic’s policies, standards, and collateral evidence of security controls. In addition, CoreLogic agrees to conduct quarterly client audits (each a “Quarterly Audit”) for its clients to verify that CoreLogic understands and is capable of complying with its obligations under this Agreement and applicable law. Customer (subject to a non-disclosure agreement reasonably acceptable to CoreLogic) will be able to participate in the Quarterly Audit once per calendar year, which will include the ability for Customer to perform a limited inspection of CoreLogic’s premises under CoreLogic’s supervision, provided that Customer shall not have access to files or systems that contain information of other customers. If any Quarterly Audit results in a finding that the Parties agree constitutes CoreLogic’s noncompliance with the material terms of this Agreement, CoreLogic shall take reasonable steps to remedy such finding or provide Customer with a detailed report as to why it cannot be remedied.

13.2. Regulatory Oversight. If Customer is required to
grant audit rights to a regulator having jurisdiction over Customer under applicable law (“Regulator”) to verify CoreLogic’s performance under the Agreement, Customer shall promptly provide written notice to CoreLogic of such request, and any information provided by CoreLogic shall be treated as
CoreLogic’s Confidential Information. CoreLogic shall
reasonably cooperate with such examination.

13.3. Pre-Screening of CoreLogic Personnel.

CoreLogic agrees prior to any employee providing Services to Customer pursuant to this Agreement, CoreLogic shall, to the extent permitted by applicable law, have administered the following background screening guidelines: (i) social security number verification (verifies and analyzes social security numbers to match previous address information and potential alias); (ii) criminal background check (for the past ten (10) years or to the extent permitted by applicable law); (iii) employment verification; (iv) education verification (highest degree attained); (v) where required by applicable law, employee’s enrollment in and participation in the requisite federal work authorization program; (vi) 5-panel drug screen, (vii) Extended Global Sanctions Search (including an Office of Foreign Asset Control (OFAC) check); (viii) credit history (for certain positions) and (ix) driving record history (for certain positions).

14. GENERAL PROVISIONS.

14.1. Relationship of Parties. The Parties acknowledge
that this is a business relationship based on the express provisions of this Agreement, they are independent of each other, and no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by this Agreement. Neither Party is the legal representative or agent of, nor has the power or right to obligate, direct or supervise the daily affairs of the other Party, and neither Party shall act, represent or hold itself out as such. Notwithstanding any use of the term “partner” in this Agreement or any Services, product or programs made available to Customer, the Parties do not intend to create any legal relationship or partnership between each other, and neither Party will assert to any third party or otherwise claim that such a legal relationship exists between each other.

14.2. Notices. All notices required under this Agreement shall be sent to the addresses on the signature page of this Agreement, and, if the notice relates to a specific SOW, to any additional addresses listed in such SOW, to the attention of the signatories, with a copy to the Legal Department of the Party. All notices under this Agreement shall be deemed given: (i) when delivered by hand; (ii) one day after being sent by commercial overnight courier with written verification of receipt; or (iii) five days after being sent by registered or certified mail, return receipt requested, postage prepaid. Either Party may change its address for notification purposes by giving the other Party written notice of the new address and the date upon which it will become effective.

14.3. Assignment. Customer shall not assign or transfer this Agreement or any rights or obligations under this Agreement without CoreLogic’s prior written consent, which shall not be unreasonably withheld. A change in control of Customer
constitutes an assignment under this Agreement. Any
unauthorized assignment or transfer of this Agreement or any rights or obligations thereunder, shall be void and constitutes ground for immediate termination of this Agreement by
CoreLogic. This Agreement binds and inures to the benefit of the Parties and their respective permitted successors and permitted assigns.

14.4. Severability. If any provision, or part thereof, of this Agreement becomes or is declared invalid, illegal or
unenforceable in any respect under any law, such provision, or part thereof, shall be null and void, and deemed deleted from this Agreement. The validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.

14.5. No Waiver. Any waiver is only valid to the extent expressly set forth in writing. No waiver by either Party of any right under this Agreement shall constitute a subsequent or continuing waiver of such right or any other rights under this Agreement.

14.6. Injunction. Customer acknowledges that the
Services are a valuable commercial product, the development of which involved the expenditure of substantial time and money.

Any violation of the licenses granted hereunder, confidentiality obligations or infringement or misappropriation of CoreLogic’s intellectual property rights may result in irreparable harm to CoreLogic, for which CoreLogic may not have adequate remedy in money or damages, and CoreLogic may seek injunctive relief, in addition to (and not in lieu of) such further relief as may be MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 79 of 259 SR000443655501 Lic Addend 07 10 2022 jc Page 6 of 8 Confidential 2010-8FSK8J CLv110120-1
granted by a court of competent jurisdiction, without the requirement of posting a bond or providing an undertaking.

14.7. Force Majeure. Neither Party shall be liable for any failure or delay in its performance under this Agreement or interruption of service, resulting directly or indirectly, from circumstances beyond its reasonable control (including, but not limited to, act of terrorism, war (declared or not declared), act of any government, any acts of God, pandemic, civil or military authority, labor disputes, shortages of suitable parts, materials or labor, or any similar cause); provided that it notifies the other Party as soon as practicable and uses commercially reasonable efforts to resume performance.

14.8. Governing Law. This Agreement is governed by
and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law. Any litigation arising out of this Agreement shall be brought by either Party in a court of competent jurisdiction located in Orange County, California, and each Party hereby waives any defenses it may have before such courts based on a lack of personal jurisdiction or inconvenient forum. Each Party hereby expressly and irrevocably waives the right to a jury trial. The prevailing party shall be awarded its reasonable attorneys’ fees and costs in any proceeding arising out of or related to this Agreement.

14.9. Insurance. CoreLogic shall carry and maintain at all times during the term of this Agreement, the lines of insurance coverage with minimum policy limits as follows: (i) Workers’ Compensation with limits as required by applicable statute; (ii) Employers’ Liability with limits of $1,000,000.00, per accident or disease and policy limit; (iii) Commercial General Liability with limits of $1,000,000.00, combined single limit bodily injury and property damage, per occurrence and $2,000,000 in the aggregate; (iv) Business Automobile Liability with limits of $1,000,000.00, combined single limit, each accident; and (v) Professional (Errors and Omissions) and Cyber Liability coverage with a minimum combined single limit of $2,000,000.

CoreLogic shall use an insurance provider having an A.M. Best Company rating of A- or better with financial size category of X or higher.

14.10. No Third-Party Beneficiaries. CoreLogic and
Customer agree that this Agreement, including each Addendum and each SOW, are for the benefit of the entities executing such document(s) and are not intended to confer any rights or benefits on any third party, including any employee or client of either entity executing such document(s), and that there are no third party beneficiaries as to this Agreement or any part or specific provision of this Agreement.

14.11. Survival. The following sections shall survive the expiration or termination of this Agreement: 2 (Ownership); 3 (Fees; Taxes); 6 (Confidentiality); 9 (Indemnification); 10.4 (Effects of Termination); 11 (Disclaimer); 12 (Limitation of Liability); and 14 (General Provisions).

14.12. Construction. Section headings of this Agreement have been added solely for convenience of reference and shall have no effect upon construction or interpretation of this Agreement. Unless the context otherwise requires, words importing the singular shall include the plural and vice-versa.

The words “include,” “includes” and “including” shall mean “include without limitation,” “includes without limitation” and “including without limitation,” it being the intention of the Parties that any listing following thereafter is illustrative and not exclusive or exhaustive. All references to “days” shall mean calendar days, unless otherwise specified. The Parties
acknowledge that this Agreement was prepared by both Parties jointly, and any uncertainty or ambiguity shall not be interpreted against any one Party.

14.13. Counterparts. This Agreement and each
Addendum and SOW may be executed in any number of
counterparts, each of which is deemed an original, and all taken together constitute one and the same instrument. If this Agreement is executed in counterparts, no signatory is bound until all Parties have duly executed this Agreement. Any signature executed and/or transmitted by electronic means, facsimile or e-mail (in .pdf, .tif, .jpeg, or a similar format), or a photocopy of such transmission, is deemed to constitute the original signature of such Party to this Agreement.
[THE REMAINDER OF THIS PAGE IS
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LICENSING ADDENDUM
TO

MASTER SERVICES AGREEMENT
This Licensing Addendum (“Licensing Addendum”) is entered into between CoreLogic Solutions, LLC, together with its subsidiaries and affiliates (collectively, “CoreLogic”) and the customer identified below in the signature block to this Licensing Addendum, together with its subsidiaries and affiliates (“Customer”) (collectively, the “Parties,” or individually, a “Party”).

This Licensing Addendum is subject to the attached Master Services Agreement and all subsequent amendments, exhibits, or attachments thereto (“MSA”) between CoreLogic and Customer. Capitalized terms used without definition in this Addendum have the meanings ascribed to them in the MSA. This Licensing Addendum is effective as of July 1, 2022.

1. LICENSE.

1.1 License Grant. Subject to the terms and conditions of this Licensing Addendum and the MSA, CoreLogic grants to Customer and Permitted Users a non-exclusive, non-transferable, limited license to use the Services set forth in each SOW solely for the Permitted Applications for each of the Services. There are no implied licenses under this Licensing Addendum or the MSA. All rights not expressly granted herein are reserved.

1.2 License Restrictions. Customer and Permitted Users shall not use the Services for any purposes other than the Permitted Applications in the applicable SOW. Without limiting the foregoing, and except to the extent expressly authorized in the Permitted Applications in the applicable SOW, Customer and Permitted Users shall not: (i) disclose, disseminate, reproduce or publish any portion of the Services in any manner; (ii) use the Services to create models, analytics, derivative products or other derivative works; (iii) disassemble, decompile or reverse engineer CoreLogic’s Confidential Information or any portion of the Services; (iv) allow access to the Services through any servers located outside of Customer’s or any Permitted Users’ network; (v) use or store the Services outside the United States or Canada; or (vi) use the Services in any way that is defamatory, threatening or harassing.

1.3 Destruction of Services. Within 30 days of expiration or termination of a SOW, Customer shall, to the extent reasonably practicable, destroy all Services in Customer’s possession or control delivered under the terminated SOW(s) and, upon request by CoreLogic, certify in writing signed by an officer of Customer that all Services have been destroyed. If such Services are not destroyed in accordance with the foregoing, Customer shall pay CoreLogic the Fees ordinarily and reasonably charged by CoreLogic for the Services until such time as such Services are destroyed by Customer. Notwithstanding the foregoing, Customer may retain a copy of the Services in an archival database, as required for regulatory compliance or internal record-keeping, and for no other use, commercial or otherwise.

2. CUSTOMER ACKNOWLEDGMENTS.

Customer acknowledges and agrees to the following:

2.1 Availability of Data. The availability of data elements in the Services varies substantially from area-to-area, and circumstances may exist or arise that prevent CoreLogic from providing such data or achieving complete representation of all data elements in the Services. Notwithstanding anything to the contrary, CoreLogic may limit or discontinue the provision of the Services for geographic locations where: (i) CoreLogic is restricted by rules, regulations, laws or governmental entities; (ii) CoreLogic has discontinued the collection of data; or (iii) CoreLogic is prohibited by third party providers. In addition, CoreLogic may discontinue any Services it no longer generally provides to its customers, and upgrade or change the support, delivery and maintenance of any Services.

2.2 Limitations of Services.

2.2.1 The Services do not constitute an appraisal of any subject property, and do not include a physical or visual inspection of any subject property or an analysis of current market conditions by a licensed or certified appraiser. The condition of any subject property and current market conditions may greatly affect the validity of the Services. Customer shall not use the Services in lieu of a walk-through appraisal or other form of appraisal by a certified appraiser.

2.2.2 Customer shall not construe the Services as a representation by CoreLogic as to the condition of title to real property. The Services may not include all recorded conveyances, instruments or documents that impart constructive notice with respect to any chain of title described in the Services.

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2.3 Use of Data. CoreLogic may use non-personally identifiable information provided by Customer for statistical purposes, product enhancement, marketing analysis and related purposes. For purposes of this Licensing Addendum, “non-personally identifiable information” means aggregated and anonymized data which does not identify a specific person or organization.

3. PERMITTED USERS.

Before providing any Services to a Permitted User, Customer shall require the Permitted User to agree in writing that its use of the Services will comply with the Permitted Applications contained in the applicable SOW. Such agreement also shall name CoreLogic as an express third party beneficiary to the agreement. Notwithstanding the foregoing, Customer shall remain fully responsible for any use of the Services by its Permitted Users.

4. AUDITS.

Upon 5 days’ prior written notice, CoreLogic may audit Customer for purposes of ensuring Customer’s compliance with the terms and conditions of the Agreement. CoreLogic may choose the auditor in its sole discretion. CoreLogic or its designee may, during the course of such examination, make copies or extracts of Customer’s books and records relating to Customer’s compliance with the terms of the Agreement. CoreLogic shall treat all information reviewed during an audit as confidential. Any such audit shall take place during regular business hours, shall not unreasonably disrupt Customer’s operations, and shall be conducted under Customer’s supervision. If the audit indicates there is a breach in Customer’s compliance with the Agreement, Customer shall pay for the cost of such audit. Additionally, in the event CoreLogic finds that Customer has underpaid the Fees due to CoreLogic, Customer shall, within 30 days of discovery of such underpayment, remit to CoreLogic the full amount of such underpayment. If Customer does not cooperate with CoreLogic’s request to audit for compliance, Customer shall be deemed to be in breach of the Agreement, for which CoreLogic may immediately terminate the Agreement.

5. SURVIVAL.

The following sections shall survive the expiration or termination of this Licensing Addendum: 1.2 (License Restrictions), Section 4 (Audits) and Section 5 (Survival).

IN WITNESS WHEREOF, the Parties have caused this Licensing Addendum to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this Licensing Addendum.

CITY OF MONTCLAIR
(“CUSTOMER”)
By:____________________________________
Authorized Signature
Name:

Title:

Date:

Address: Post Office Box 2308, 4870 Arrow Highway
Montclair, California 91763

CORELOGIC SOLUTIONS, LLC
(“CORELOGIC”)
By:______________________________________
Authorized Signature
Name:____________________________________
Title:_____________________________________
Date: ____________________________________
Address: 40 Pacifica, Suite 900
Irvine, California 92618
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 82 of 259

SR000443655502 SOW 1 (ParcelPoint) 07 10 2022 jc Confidential 2200-068996-T CLv101221-2
STATEMENT OF WORK 1

FOR CORELOGIC SPATIAL SERVICES
THIS STATEMENT OF WORK 1 (“SOW”) is between CORELOGIC SPATIAL SOLUTIONS, LLC, a service-providing affiliate of CoreLogic Solutions, LLC, (“CoreLogic”) and CITY OF MONTCLAIR (“Customer”) (collectively, the “Parties,” or individually, a “Party”). This SOW is subject to the Master Services Agreement (“MSA”) dated July 1, 2022 and the Licensing Addendum (“Addendum”) dated July 1, 2022 between CoreLogic Solutions, LLC and Customer and all subsequent amendments, exhibits, or attachments thereto between the Parties. All of the foregoing, including this SOW, are collectively the “Agreement”. Capitalized terms used but not defined in this SOW shall have the meanings given in the Agreement. This SOW is effective as of July 1, 2022 (“SOW Effective Date”). The Parties agree as follows:

I. SERVICES, DELIVERY & FEES: CoreLogic shall provide Customer with the Services listed in the attached exhibit detailing Services, Delivery and Fee information (“Fee Schedule”) via the specified delivery method. If the Fee Schedule indicates that an exhibit is attached, the additional terms and conditions set forth in the exhibit apply to the Services.

II. ADDITIONAL FEE INFORMATION:

A. Annual Fee Increase: The Fees for the Services under this SOW shall increase 3% annually, rounded to the nearest $0.01, on the first day of each SOW Renewal Term (defined below).

B. Annual Minimum Fee: Customer shall pay an annual minimum fee as set forth in the Fee Schedule (“Annual Minimum Fee”). The Fees accrued for the Services apply towards satisfying the Annual Minimum Fee for such year. Fees accrued in excess of the Annual Minimum Fee in a given year do not carry-over towards satisfying Fees for any other Services or any other year.

III. ADDITIONAL TERMS:

A. System Requirements: Customer is solely responsible for meeting the applicable system requirements for proper access to and use of the Services. CoreLogic will not support the Services with use of any third-party product that is no longer supported by its own respective manufacturer or publisher. System requirements for the Services are available upon request.

IV. PERMITTED APPLICATIONS: The Services shall be used solely for the applications specified below in accordance with the terms and conditions of this Agreement.

A. Customer’s Use: Customer shall use the Services solely for Customer’s own internal business purposes of Internal file enhancement Customer must not resell, relicense or redistribute the Services in whole or in part, except as expressly set forth herein and may not cache the data from or iframe or site-scrape the Services.

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SR000443655502 SOW 1 (ParcelPoint) 07 10 2022 jc Confidential 2200-068996-T CLv101221-2
B. Permitted Processors: Mark 43 and California Office of Emergency Services are authorized as Permitted Processors of Customer under this SOW. A Permitted Processor shall only use the Services on behalf of Customer for Customer’s Permitted Application under the terms of this SOW.

A Permitted Processor shall not use the Services for its own internal business purposes or on behalf of any third party.

V. SOW TERM AND RENEWAL: The term of this SOW is for 12 months, commencing on the SOW Effective Date. Thereafter, the term shall automatically renew for additional successive 12-month terms (each a “Renewal Term”). Either Party may forego automatic renewal of this SOW by giving the other Party at least 60 days’ written notice of termination prior to the expiration of the then-current term VI. SUPPORT:

A. Version Support: Only the Latest Version(s) of the Services will be supported by CoreLogic. “Latest Version(s)” means version(s) of the Services used for the fulfillment of new license orders and/or earlier version(s) for which CoreLogic continues to maintain and support at its sole discretion. A list of the Latest Version(s) is available upon request.

B. Customer Support: CoreLogic will provide Services support to Customer via email or telephone.

Customer support does not include assisting Customer with (i) applying results obtained using the Services, or (ii) how to achieve any particular results. Customer support may be contacted as follows:
• Email: [email protected]
• Telephone: 888-929-4245
• Hours of Operation: Monday through Friday from 7:00 a.m. to 7:00 p.m. Central Time and 8:00 a.m. until 5:00 p.m. Central Time Saturday and Sunday, excluding CoreLogic holidays. 24/7 emergency support (outside of normal hours) is 817-699-0000 or [email protected].

IN WITNESS WHEREOF, this SOW has been executed by the Parties hereto through their duly authorized representatives as of the SOW Effective Date.

CITY OF MONTCLAIR CORELOGIC SPATIAL SOLUTIONS, LLC
By:

Name:

Title:

Date:

By:

Name:

Title:

Date:

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SR000443655502 SOW 1 (ParcelPoint) 07 10 2022 jc Confidential 2200-068996-T CLv101221-2
Services, Delivery & Fee Schedule
The Services will be delivered to Customer via the following delivery methods, as applicable:

DVD; Secure FTP; Otherwise secure mutually agreed-upon method The Services will be updated according to the following update schedule:
☐ Annual update; ☐ Quarterly update (new parcels only); ☒ Full Quarterly update The Services will cover the following geographic areas:
☐ Nationwide; ☐ Contiguous US; ☒ Other see the geographic FIPS/County/State table below Services Description Annual
License Fee
Property Information:

ParcelPoint®
Coverage: San Bernardino County,
California
(see Data Field Exhibit)
Digital parcel data in Shapefile format in
WGS84 geographic coordinate system,
which includes parcel polygon and data
field attributes
$1,700.00
HERE Street Maps
Coverage: San Bernardino County,
California
$310.00
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 85 of 259

SR000443655502 SOW 1 (ParcelPoint) 07 10 2022 jc Confidential 2200-068996-T CLv101221-2

DATA FIELD EXHIBIT
(As available – Varies by county)
ParcelPoint:
• Address (city, state and zip code)
• Assessor Parcel Number
• Parcel Polygon
• Parcel Centroid
• Owner Name, as available
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 86 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: FRD200/PUB200
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AWARD OF CONTRACT TO MARIPOSA LANDSCAPES, INC., IN THE AMOUNT OF $47,558 FOR CONSTRUCTION OF THE FIRE STATION NO. 2

LANDSCAPING PROJECT
CONSIDER APPROVAL OF AGREEMENT NO. 22–55 WITH MARIPOSA LANDSCAPES, INC., FOR CONSTRUCTION OF THE FIRE STATION NO. 2 LANDSCAPING PROJECT,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING AN ADDITIONAL $30,000 APPROPRIATION FROM 2021

LEASE REVENUE BOND FUNDS FOR COSTS RELATED TO THE PROJECT CONSIDER AUTHORIZATION OF A $12,442 CONSTRUCTION CONTINGENCY FOR

THE PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider awarding a contract, and approving Agreement No. 22–55 with Mariposa Landscapes, Inc. in the amount of $47,558, authorizing an additional $30,000 appropriation, and authorizing a $12,442 contingency for construction of the Fire Station No. 2 Landscaping Project.

A copy of proposed Agreement No. 22–55 is attached for City Council’s review and consideration.

BACKGROUND: On June 6, 2022, the City Council authorized an amendment to the 2019–2024 Capital Improvement Program (CIP), adding the Fire Station No. 2 Landscaping Project. The project was approved with an appropriation of $30,000 of 2021 Lease Revenue Bond Proceeds.

The Fire Station No. 2 Landscaping was altered when the Monte Vista Grade Separation Improvements were constructed. The Monte Vista Grade Separation Improvements were completed around February 2020. During the Monte Vista Grade Separation construction, the City worked with Monte Vista Water District to implement a water system service upgrade to the Public Works Yard. The Public Works Yard is located behind Fire Station No. 2. These improvements included the installation of a four–inch water meter in a large vault and a backflow prevention device in front of the fire station.

These facilities altered the available landscape area and impacted the site. Restoration of the fire station landscaping was to be constructed at a future time by the City.

With the assistance of the Chino Basin Water Conservation District, staff prepared drought–tolerant landscape and irrigation plans for Fire Station No. 2. The landscape will consist of a succulent plant pallet and strategically placed river rock boulder clusters installed within a decomposed granite surface and irrigated through a newly installed subterranean automatic drip system. The site will be cleared of weeds and other vegetation through a sequence of treatments to minimize subsequent weed growth and to prepare the site for the proposed hardscape, planting, and irrigation improvements.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 87 of 259 On July 11, 2022, the City received three bid proposals for the Fire Station No. 2 Landscaping Project. The bid results are shown below:

Bidder Bid Amount
Mariposa Landscapes, Inc. $47,558.00
Kormex Construction, Inc. $48,245.00
Southern California Landscape, Inc. $56,030.00
Following the bid opening, the three proposals were reviewed for completeness and accuracy. The bid from the apparent low bidder, Mariposa Landscapes, Inc., provided all the required documents and was deemed the lowest responsible, responsive bidder for the project. Mariposa Landscapes, Inc. has performed landscape construction projects for the cities of Corona and Rancho Santa Margarita and La Mirada Unified School District in a satisfactory manner. They also serve as the City’s landscape maintenance contractor. Mariposa Landscapes, Inc. has the personnel, equipment, and experience necessary to complete the work for this contract in accordance with the project specifications.

The Engineer’s project cost estimate of $20,000 was derived from a larger 2017 municipal landscaping project because the City’s bid results database did not have detailed cost information. Cost of materials and construction have increased since that project was completed. An evaluation of the three (3) competitive bids received indicates the lowest bid is representative of the current cost for this type of project.

The City Council could elect to rebid this project; however, based on the evaluation of bids received, re–bidding is unlikely to yield significantly lower project cost results. Also, additional advertisement costs would be incurred. Therefore, staff is recommending the City Council award the project to Mariposa Landscapes, Inc.

The City Engineer has reviewed the plans and specifications for the project and has determined that they are in conformity with applicable statutes, codes, standards, and/or guidelines. The project work period is 50 working days. The work is expected to begin in August and be completed in October 2022.

FISCAL IMPACT: An additional $30,000 appropriation is being requested to cover the construction–related expenses for a total project authorization of $60,000 using 2021 Lease Revenue Bond Proceeds.

RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the Fire Station No. 2 Landscaping Project:

1. Award a contract to Mariposa Landscapes, Inc. in the amount of $47,558 for construction of the Project.

2. Approve Agreement No. 22–55 with Mariposa Landscapes, Inc. for construction of the Project, subject to any revisions deemed necessary by the City Attorney.

3. Authorize a $30,000 appropriation from 2021 Lease Revenue Bond Funds for the costs related to the Project;

4. Authorize a $12,442 construction contingency for the Project.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 88 of 259 Project Name:

Project Details:

Project No. (Assigned by Finance): 21011
Phase Prior Years 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Total Fund/Program Environmental
Design 3,000.00 3,000.00 2021 Lease
Revenue Bonds
R/W Acquisition
Construction 57,000.00 57,000.00 2021 Lease
Revenue Bonds
Total 0.00 0.00 0.00 0.00 60,000.00 0.00 60,000.00
Approvals:

Department: By: Date:

Finance By: Date:

City Council Date:

Total Project
Cost: 60,000.00
Revision Number:

Rosemary Hoerning
Infrastructure Fund
Capital Project Funding Information
Installation of drought tolerant planting and subterranean automatic drip irrigation system.

Fire Station No. 2 Landscaping Project
Fiscal Years
Preparation Date: July 11, 2022 Department: Public Works Contact/Ext.:

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 89 of 259 Agreement No. 22-55
KNOW ALL MEN BY THESE PRESENTS: That the following Agreement is made and entered into as of the date executed by the City Clerk and the Mayor, by and between Mariposa Landscapes, Inc., a California Corporation, hereinafter referred to as "CONTRACTOR" and the CITY OF MONTCLAIR, hereinafter referred to as "CITY." A. Recitals.
(i) Pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice. (ii) CITY did accept the bid of CONTRACTOR.
(iii) CITY has authorized the City Clerk and Mayor to enter into a written contract with CONTRACTOR for furnishing labor, equipment, and material for the construction of:
(iv)
FIRE STATION NO. 2 – LANDSCAPING PROJECT
"PROJECT" hereinafter.

B. Resolution.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do all work contemplated and embraced for the PROJECT. Said PROJECT to be performed in accordance with specifications and standards on file in the Office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids, the Instructions to Bidders, the Proposal and any City-issued addenda, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not.

Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.

3. TERMS OF CONTRACT: The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract and to complete his portion of PROJECT within the time specified in the Special Provisions.

CONTRACTOR agrees further to the assessment of liquidated damages in the amount specified in the Special Provisions or the Standard Specifications, whichever is higher, MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 90 of 259

AGREEMENT
Page G-2
for each calendar day PROJECT remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any moneys due or that may become due the CONTRACTOR under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

4. GOVERNING LAW: The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.

Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.

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

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

CONTRACTOR, prior to commencing work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
b. For all operations of the CONTRACTOR or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
(1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) $500,000 each accident; $1,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(4) Contractor's Protective - Property Damage $500,000 each accident; $1,000,000 aggregate.

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AGREEMENT
Page G-3
(5) Automobile - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(6) Automobile - Property Damage $500,000 each accident. c. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:
(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY by registered mail. d. Each such policy of insurance provided for in paragraph b. shall:
(1) Be issued by an insurance company approved in writing by CITY, which is qualified to do business in the State of California; (2) Name as additional insureds the CITY, its officers, agents and employees, and any other parties specified in the bid documents to be so included;
(3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(5) Otherwise be in form satisfactory to CITY.
e. The CONTRACTOR shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b., hereof, or present an endorsement of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.

6. CONTRACTOR'S LIABILITY: The City of Montclair and its respective officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the project or any part thereof, or for any of the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 92 of 259

AGREEMENT
Page G-4
materials or other things used or employed in performing the project; or for injury or damage to any person or persons, either workmen, employees of the CONTRACTOR or his subcontractors or the public, whatsoever arising out of or in connection with the performance of the project. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY during the progress of the project or at any time before its completion and final acceptance.

The CONTRACTOR will indemnify CITY against and will hold and save CITY harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of CITY, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY, and in connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment or award rendered against the CONTRACTOR or CITY covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the CONTRACTOR hereunder or reasonable settlement in lieu of judgment or award, and the CONTRACTOR agrees to save and hold the CITY harmless therefrom. c. In the event CITY is made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the project, operation, or activities of the CONTRACTOR hereunder, the CONTRACTOR agrees to pay to CITY any and all costs and expenses incurred by CITY in such action or proceeding together with reasonable attorneys' fees.

Money due to the CONTRACTOR under and by virtue of the contract, as shall be considered necessary by CITY, may be retained by CITY until disposition has been made of such actions or claims for damage as aforesaid.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 93 of 259

AGREEMENT
Page G-5

7. NONDISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, sexual preference, sexual orientation, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of § 1735 of said Code.

8. INELIGIBLE SUBCONTRACTORS: The CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform on the project pursuant to § 1777.1 and § 1777.7 of the Labor Code.

9. CONTRACT PRICE AND PAYMENT: CITY shall pay to the CONTRACTOR for furnishing the material and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR's Proposal dated July 6, 2022.

10. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.

CONTRACTOR CITY
Mariposa Landscapes, Inc. CITY OF MONTLAIR, CALIFORNIA
6232 Santos Diaz St. 5111 Benito Street
Irwindale, CA 91702 Montclair, CA 91763
By:

Javier “John” Dutrey
Mayor
Title ATTEST:

By:

Name Andrea M. Myrick
City Clerk
Title APPROVED AS TO FORM:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 94 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: TRC600
DEPT.: PUBLIC WORKS
PREPARER: S. STANTON
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–61 WITH ECONOLITE SYSTEMS FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City utilizes Econolite Systems for traffic signal maintenance. The City’s prior agreement with Econolite, Agreement No. 21–38, expired on June 30, 2022. Both the City and Econolite Systems wish to enter into a new contract for a one–year term.

A copy of Proposed Agreement No. 22–61 with Econolite Systems for traffic signal maintenance services is attached for the City Council’s review and consideration.

BACKGROUND: At its meeting on August 2, 2021, City Council approved Agreement No. 21–38 with Econolite Systems. The Public Works Department has been using Econolite’s services for many years and has been very satisfied with their work. The institutional knowledge brought by the Econolite team provides unsurpassed value to the City’s traffic signal system. Additionally, the rapport that has been built between Econolite Systems and the City’s Traffic Engineering Consultant, Albert Grover & Associates, provides good traffic signal performance. A recent audit from the San Bernardino County Transportation Authority (SBCTA) resulted in a 96 percent reliability of Montclair’s signals being in coordination for the efficient and safe movement of traffic.

City staff went through a vetting process to make sure that Econolite is the best value for the City. The rates in the new agreement are essentially staying the same as the prior contract. A rate increase of 2.25% has been proposed to absorb costs related to increases in prevailing wage rates. Accordingly, proposals from other firms were not sought, since Econolite continues to be the best value for the City. Staff recommends to continue utilizing Econolite to provide traffic signal maintenance services, since it is in the best interest and value of the City and within our purchasing guidelines.

FISCAL IMPACT: Under the terms of the proposed contract, the monthly preventative maintenance cost will be $81 per intersection. The rates are shown in Exhibit B of Agreement No. 22–61.

The Fiscal Year (FY) 2022–23 Budget has monies appropriated utilizing the rates established in prior Agreement No. 21–38. Since the amount of the proposed increases will vary based upon need and future scheduled maintenance, any adjustment necessary in the FY 2022–23 budget will be assessed during the Mid–Year Budget Review.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–61 with Econolite Systems for traffic signal maintenance services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 95 of 259 AGREEMENT NO. 22-61
AMENDMENT TO AGREEMENT NO. 21-38
WITH

ECONOLITE SYSTEMS
FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES
This agreement is made and entered into this 18th day of July 2022, by and between the CITY OF MONTCLAIR, a municipal corporation hereinafter designated as "City," and ECONOLITE SYSTEMS, hereinafter designated as "Contractor," and collectively designated as the "Parties."

RECITALS
WHEREAS, Parties have previously entered into Agreement No. 21-38 on August 2, 2021, for traffic signal maintenance services; and
WHEREAS, Agreement No. 21-38 included Exhibit B which includes a rate schedule; and
WHEREAS, Parties desire to extend the agreement and amend the rate schedule.

AGREEMENT
NOW, THEREFORE, IT IS AGREED by and between City and Contractor to extend agreement for a one-year term expiring on June 30, 2023.

BE IT FURTHER AGREED by and between City and Contractor that EXHIBIT B of Agreement No. 21-38 referencing COST OF SERVICES shall be replaced with EXHIBIT B of Agreement 22-61 and that that all other terms of Agreement No. 21-38 shall remain as set forth therein.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 96 of 259 -2-
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.

CITY OF MONTCLAIR, CALIFORNIA ECONOLITE SYSTEMS
By: By:

Javier John Dutrey, Mayor Title:

Attest: By:

Andrea Myrick, City Clerk Title:

Approved as to form:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 97 of 259 Monthly Maintenance / Preventative Maintenance Check per Intersection 81.00 Regular Overtime Double Time
Supervisor 113.82 N/A N/A
Lead Technician 134.74 181.62 228.52
Technician 134.74 181.62 228.52
Lead Utility Technician 134.74 181.62 228.52
Utility Technican 134.74 181.62 228.52
Lab Technician 134.74 181.62 228.52
Laborer 137.25 181.62 228.52
Relamper 74.96 113.15 151.35
Technician Van 14.69 N/A N/A
Bucket Truck to 36 feet 40.77 N/A N/A
Utility Truck 40.77 N/A N/A
Bucket Truck above 36 feet 61.58 N/A N/A
Crane Truck 159.53 N/A N/A
Arrow Board 17.73 N/A N/A
Air Compressor w/ tools 26.59 N/A N/A
Dump Truck 66.47 N/A N/A
Materials
All Cost Plus 20% N/A N/A
Miscellaneous
6-foot diameter loop and lead-in cable 592.81

EXHIBIT B
COST OF SERVICE 2022 / 2023
Description (Hourly Labor Rate)
Description (Hourly Equipment Rate
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 98 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: ADM600
DEPT.: CITY MGR.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–71 WITH CIVIC PUBLICATIONS, INC.,

TO PROVIDE PUBLIC EDUCATION AND COMMUNITY OUTREACH SERVICES, SUBJECT

TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–71 with Civic Publications, Inc., to provide public education and community outreach services. The City Council approves agreements for professional services.

A copy of proposed Agreement No. 22–71 with Civic Publications is attached for City Council review and consideration.

BACKGROUND: The City of Montclair periodically provides outreach services to the community through the publication of printed mailers that provide factual content directed at bringing public awareness to civic issues and community events.

In recent years, however, progressive and routine changes in technology have produced a population increasingly sophisticated and diverse in the way it consumes and accesses information. Today, these information sources have grown beyond traditional printed media to encompass and embrace digital formats that include the internet, social media, e–mail, texting, and smartphone application–based programs.

Civic Publications, Inc. (Civic) is a multimedia company located in La Verne that specializes in media, content development, and public outreach for public agencies.

Civic works with public agencies to create, coordinate, and distribute public information to help bring awareness and understanding to complex issues on matters of civic importance. Civic prides itself in its ability to articulate city services, projects, and issues with facts, clarity, and transparency to achieve community awareness.

Civic is owned and operated by Chris Lancaster. Mr. Lancaster founded Civic to extend public affairs services to a wide range of government agencies, with expertise in transit, environmental, and public benefit messaging.

Prior to starting Civic, Mr. Lancaster worked as Director of Government Relations and New Business Development for the Los Angeles Newspaper Group, comprising eight daily newspapers in Los Angeles and San Bernardino Counties with a daily readership of more than 1.6 million.

Mr. Lancaster has more than 15 years of experience managing public affairs content and media for Southern California public agencies, including municipalities, environmental agencies, transit agencies, and public safety agencies. Mr. Lancaster has also held public office, including election to the Covina City Council, and has been a candidate for state office. His years of public service provide a unique approach toward understanding how best to communicate complex issues on matters of civic importance to the public.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 99 of 259 Publication Format
Civic has developed public education and awareness campaigns for numerous public agencies including the Sanitation Districts of Los Angeles County; Bureau of Sanitation of the City of Los Angeles; the cities of Vernon and Industry, municipal water districts; Los Angeles Metropolitan Transportation Authority; Los Angeles County Department of Public Works; Los Angeles County Sheriff’s Department, and solid waste disposal companies. Civic has been engaged by the City in prior years to produce public educational and outreach materials.

Under proposed Agreement No. 22–71, public education and outreach may include updating the public on proposed development and public works projects, upcoming attractions and events, important advisory messages, public safety services, progress on transit development, City finances, grant applications, and any other relevant and important general government services information.

In order to fully achieve communications outreach with City residents and the business community, staff recommends utilizing services offered by Civic to include newsletter, e–mail, and digital display ad media formats and City website maintenance for related public outreach pages.

The scope of services included in proposed Agreement No. 22–71 includes the following:
production, printing, and delivery of a 16–page newsletter; distribution of the newsletter by direct mail to every household in the City; provision of English and Spanish language electronic versions of the newsletter; and distribution of electronic versions of the newsletter to businesses and community members.

FISCAL IMPACT: Approval of Agreement No. 22–71 with Civic Publications, Inc., for public education and community outreach would result in a cost to the City of $29,950, which was incorporated in the Fiscal Year 2022–23 Budget for the Administrative Services Department.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–71 with Civic Publications, Inc., for public education and community outreach services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 100 of 259 Inc.

Christopher W. Lancaster
Publisher
909.524.8952 I www.civicpubs.com
3355 N. White Ave #374 I La Verne, CA 91750
CIVIC Publications,
fgdf
June 8, 2022
Edward C. Starr
City Manager
City of Montclair
5111 Benito St.

Montclair, CA 91763
Re: Agreement to produce newsletter
Dear Mr. Starr,
Pursuant to conversation with city staff, submitted for your consideration is this agreement for Civic Publications Inc. to assist the City of Montclair with the development of its annual newsletter to be distributed to the residents of Montclair.

Civic Publications, Inc. provides communications outreach solutions for public agencies, providing factual content and bringing clarity to community and civic issues without advocating for or against any position. Our goal is to inform the public without persuasion.

The task of the newsletter is to explain city services, in a clear fashion, and build awareness of projects, decisions and funding so that Montclair residents can be informed. Effective communications solutions will cut through the complexity of city hall decisions and issues in the context of planning, specific projects, benefits and cost for decades to come.

The cost to develop a 16-page newsletter and distribute to the residents of Montclair is $29,950.

See the attached agreement for a complete listing of the scope of services.

Thank you for the opportunity to submit this agreement and I look forward to developing a cost-effective newsletter that meet the needs of the City and which serve the highest standards of the public interest.

Respectfully submitted,
Christopher W. Lancaster
Agreement No. 22-71
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 101 of 259 Inc.

Christopher W. Lancaster
Publisher
909.524.8952 I www.civicpubs.com
3355 N. White Ave #374 I La Verne, CA 91750
CIVIC Publications,
fgdf

PUBLIC OUTREACH AGREEMENT
This agreement is between the City of Montclair and Civic Publications Inc.

This agreement confirms that the city of Montclair has acquired the services of Civic Publications Inc. to assist the City of Montclair with the development of a newsletter .

Scope of services include:

1. Write, design, layout, print and deliver a 16-page newsletter.

2. Newsletter to be distributed by direct mail to every household, business and P.O. Box in the City of Montclair.

3. Provide an English and Spanish electronic version for the city website.

4. Distribute English electronic version of the newsletter to 22,000 email addresses within the city of Montclair.

Total cost for services $29,950.00
Civic Publications, Inc. agrees to provide all services listed in this agreement, and the City of Montclair agrees to pay Civic Publications, Inc. a total of $29,950.00 All terms of this agreement to be fulfilled by November 30,2022. _______________________________
Christopher Lancaster Date
Civic Publications, Inc.
________________________________
Javier John Dutrey, Mayor Date
City of Montclair
ATTEST:
________________________________
Andrea Myrick, City Clerk
June 8, 2022
Agreement No. 22-71
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 102 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: EDD100
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–72 WITH E–HOMES, INC., TO PROVIDE

REAL ESTATE BROKERAGE SERVICES, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–72 with E–Homes, Inc., to provide real estate brokerage services. A copy of proposed Agreement No. 22–72 is attached for City Council review and consideration.

BACKGROUND: At a special meeting on June 28, 2022, the City Council adopted the Fiscal Year 2022–2023 Budget. As part of the approved recommendations in budget, the Economic Development Agency (EDA), formerly the Economic Development Department, was created and is tasked with expanding the City's level of economic development opportunities.

Included in the Fiscal Year 2022–23 Operating Budget was the allocation of $1.5 million to the Economic Development Assets Fund (EDAF), formerly the Economic Development Fund, to provide and enhance funding within the EDA for real property acquisition.

The newly created EDAF is intended to provide the EDA with the ability to acquire real property in the community to assist with and encourage economic development activity, assemble parcels for redevelopment, and the generate affordable housing in the community.

In order to stay abreast of properties placed on the real estate market and to achieve the newly expanded goals of the EDA, staff is recommending that the City contract will E– Homes, Inc. (E–Homes), a local firm, for real estate brokerage services.

Multiple Listing Service – MLS
Multiple List Service (MLS) is a tool to help listing brokers of a given local real estate association to see each other’s listings of properties for sale. Through this service, listing and selling agents, brokers, and brokerages mutually benefit through the dissemination and sharing of information on available and soon–to–be available properties.

MLS are private databases that are created, maintained and paid for by real estate professionals to help their clients buy and sell property. MLS provides a listing agent representing a seller greater exposure to potential buyers represented by the selling agent and brokerage in a manner accessible through the internet. Having access to a MLS is a powerful force for competition. A MLS levels the playing field so that the smallest brokerage in town can compete with the biggest multi–state firm. Buyers and sellers can work with the professional of their choice, confident that they have access to the largest pool of properties for sale in any given marketplace.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 103 of 259 To facilitate access to the MLS system, staff contacted several local real estate brokerage firms to inquire about their services provided. After careful consideration and review of the information provided, staff has elected to use the services of E–Homes based on cost, familiarity with the City of Montclair, and feedback from various other local government agencies who have utilized the services of E–Homes.

Both the Cities of Chino and Ontario have used E–Homes for real estate services including use of the E–Homes MLS portal. Staff reached out to staff members from both cities, who were satisfied with and highly recommended the services of E–Homes.

Scope of Services
The scope of services included in proposed Agreement No. 22–72 includes the following:
 Access to the E–Homes portal of multiple listing services for both commercial and residential properties,
 Access to a designated real estate agent to run reports of available commercial and residential properties,
 Geo–fencing of commercial and residential property listings of certain areas of the city,
 Provision of a dedicated real estate agent for support,  Provision of current information related to real estate licensing practices and regulations, and
 Creation of preliminary title reports and brokerage representation as needed.

FISCAL IMPACT: Approval of Agreement No. 22–72 between the City of Montclair and E–Homes, Inc., for real estate brokerage services would result in an annual cost to the City of $6,000. These costs were incorporated in the Fiscal Year 2022–23 Budget for the Economic Develop Agency.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 22–72 with E–Homes Inc., to provide real estate brokerage services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 104 of 259 Agreement No. 22-72
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 105 of 259 Agreement No. 22-72
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 106 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–74 WITH NUTRITION INK TO PROVIDE NUTRITION EDUCATION SERVICES FOR THE CITY’S SENIOR CITIZEN

NUTRITION PROGRAM, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–74 with Nutrition Ink to provide nutrition education services for the City’s Senior Citizen Nutrition Program.

BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services (DAAS) to provide a three–year Senior Citizen Nutrition Program for participants aged 60 and over. The City of Montclair is required to provide nutrition education services to program participants, volunteers and staff.

Under Agreement No. 22–74, Nutrition Ink will be responsible for providing these nutrition education services. Some of their responsibilities include: monitor the site for safe food handling and sanitation practices of facilities; provide input, review, and approve the Nutrition Education Plan for staff and participants; provide nutrition education a minimum of four times per year for food service staff (paid and volunteers) and participants; and provide technical support and assistance as needed.

FISCAL IMPACT: There will be no cost to the General Fund as a result of the City Council’s approval of Agreement No. 22–74. The cost of nutrition education services, $2,900, will be grant–funded under Agreement No. 22–57 with DAAS. The term of Agreement No. 22–74 is July 1, 2022, through June 30, 2023.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–74 with Nutrition Ink to provide nutrition education services for the City’s Senior Citizen Nutrition Program, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 107 of 259

AGREEMENT NO. 22-74

NUTRITION INK AGREEMENT
I. OBJECTIVE:

To provide consultation to the City of Montclair’s Senior Nutrition Program (Agency/Contractor) regarding nutrition provider requirements as outlined in Title 22, Division 1.8 of the California Department of Aging Regulations, including, but not limited to, the following:

A. Give preference to older individuals in greatest economic or social need with particular attention to low-income minority individuals.

B. Promote good health behaviors through nutrition education and nutrition screening of participants.

C. Promote or maintain coordination with other nutrition-related supportive services for older individuals.

PROGRAM DESCRIPTION:

A. Purpose – The purpose of the Elderly Nutrition Program (ENP) is to provide nutrition services as described in the Older Americans Act (OAA) of 1965, as amended, and to assist older individuals in California to live independently, by promoting better health through improved nutrition, and reduced isolation through programs coordinated with nutrition-related supportive services.

B. Definition – Nutrition services means the procurement, preparation, transport, and service of meals, nutrition education, nutrition screening, and nutrition counseling, to eligible individuals at congregate sites or in their homes.

C. Goals – to maintain or improve the physical, psychological, and social well being of older individuals, by providing or securing appropriate nutrition services.

D. Target Population – The ENP Provider (City of Montclair) shall target individuals who are sixty (60) years of age or older, minorities, low income and living in rural areas of the County of San Bernardino.

2. TERMS OF AGREEMENT:

This is to certify that the City of Montclair’s Senior Nutrition Program has engaged the services of NUTRITION INK (Sub-Contractor) for its nutrition consultation to one (1) site, Montclair Senior Center.

This service is effective July 1, 2022 through June 30, 2023.

3. RESPONSIBILITIES OF SUB-CONTRACTOR:

A. At a minimum, quarterly monitor site for safe food handling and sanitation practices of facilities.

B. Provide input, review, and approve the Nutrition Education Plan for staff and participants prior to presentation.

C. Develop, or review and approve the cycle menus unless provided and signed by RD of approved caterer.

D. Provide technical support and assistance as needed.

E. Plans, organizes and conducts Nutrition Education a minimum of four (4) times per year for food service staff (paid and volunteers) and participants in congregate meal programs. Nutrition Education for congregate sites is defined as demonstrations, presentations, lectures or small group discussions, all of which may be augmented with printed materials. Training sessions shall be evaluated by those receiving the training.

F. Nutrition Education shall be based on the particular need of congregate meal participants. An annual Needs Assessment shall be performed by the ENP Provider to make this determination.

G. Since the Staff Training/Nutrition Education Plan and annual Needs Assessment must be submitted by the City of Montclair to DAAS by mid-July 2022, Sub-Contractor shall be required to support that timeline accordingly.

H. Nutrition Education sessions must be reported monthly to DAAS using the Nutrition Education Monthly Service Unit Report.

Nutrition Education Units of Service:

Program: C-1 (Congregate Meals) Program: C-2 (Home-Delivered Meals) # of Units to be Provided: 350 # of Units to be Provided: N/A # of Sites to be Presented at: 1 # of Participants to be Presented to: N/A MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 108 of 259

4. RESPONSIBILITIES OF AGENCY/CONTRACTOR
A. Identify person designated as supervisor or designee.

B. Provide a general orientation for the dietitian to the Agency including its staff, policies, recording systems.

C. Provide suitable space, equipment and materials.

D. Make records available and if necessary send monthly menus to dietitian for review, analysis, and approval.

E. Maintain documentation of each training session including sign-in sheets, agendas, handouts, and completed evaluations.

F. An annual Needs Assessment shall be performed by the ENP Provider to determine the particular Nutrition Education need of congregate meal participants.

G. Will send Nutrition Education Service Unit Report monthly to DAAS.

H. Agrees not to hire or contract with a Nutrition Ink Dietitian for a period of one year from termination of this contract unless facility pays RD’s annual salary as buyout fee.

5. COPIES of subcontracts, licenses and insurance memoranda and/or letters of understanding shall be on file with the Contractor. Contractor shall be responsible to ensure all subcontractors meet the insurance requirements and for monitoring the insurance requirements in accordance with Article III, Section N.

6. The Sub-Contractor shall provide the following:
(1). Indemnification - The Sub-Contractor agrees to indemnify, defend and hold harmless the Contractor and County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising from Sub-Contractor’s acts, errors or omissions and for any costs or expenses incurred by the Contractor on account of any claim therefore, except where such indemnification is prohibited by law. (2). Insurance - Without in any way affecting the indemnity herein provided and in addition thereto, the Sub-Contractor shall secure and maintain throughout the term of the Contract the following types of insurance with minimum limits as shown:
a. Sub-Contractor will maintain Worker’s Compensation - in amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits, covering all persons providing services on behalf of the Sub-Contractor and all risks to such persons under this Contract. b. Professional Liability - Professional liability insurance shall have limits of at least $1,000,000 per claim or occurrence.
(3). Proof of coverage – Sub-Contractor shall immediately furnish certificates of the required insurance policies to contractor evidencing the insurance coverage, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (3) days prior written notice to Contractor, and Sub-Contractor shall maintain such insurance from the time Sub-Contractor commences performance of services hereunder until the termination of the Contract. Within sixty (60) days of the commencement of this Contract, the Sub-Contractor shall furnish copies of the policies.

7. The Sub-Contractor shall complete all reporting and expenditure documents requested by Contractor.

These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by Contractor.

8. Sub-Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. Said records shall be kept and maintained at 3164 W. Ramsey St., Banning, Ca. 92220.

9. Sub-Contractor shall notify Contractor in writing of any change in mailing address, telephone or fax numbers and/or physical location within ten (10) days of the change.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 109 of 259

10. HIPAA Law:

The Sub-Contractor recognizes and acknowledges that, by virtue of entering into this Agreement and providing services to Institution, hereunder, Sub-Contractor will have access to certain information of Institution that is confidential and constitutes valuable, special and unique property of Institution. SubContractor agrees that they will at no time, either during or subsequent to the term of this Agreement, disclose to others, use, copy or permit to be copied, without Institution’s express written consent, except pursuant to their duties hereunder, any confidential or proprietary information of Institution, including, but not limited to, information which concerns Institution’s participants, cost, prices and treatment methods at any time used, developed or made by Institution, and which is not otherwise available to the public. Sub-Contractor shall not disclose to any third party, except where permitted or required by law or where such disclosure is expressly approved by Institution in writing, any participant or medical record information regarding Institution’s participants, and Sub-Contractor shall comply will all federal and state laws and regulations, and all rules, regulations, and policies of Institution, regarding the confidentiality of such information. In addition, if necessary, Sub-Contractor agrees to assist in judicial proceedings any effort to obtain access to such records or information except such access as is expressly permitted by the aforementioned federal regulations.

11. Elderly Abuse. In accordance with the State of California – Health and Human Services Agency requirements, Sub-Contractor and its employees shall comply with and return completed copies of Attachment A, Statement Acknowledging Requirement to Report Suspected Abuse of Dependent Adults and Elders (SOC 341A).

Costs:

Nutrition Education and materials plus yearly plan ………….. $900 Site Monitoring quarterly…………………………………………. $1000
Staff Training quarterly………………………………………… $1000
Total……………………………………………………………… $2900
(951) 849-5150 (951) 849-4799 Fax Federal Tax I.D. Number 20-4651795 SUB-CONTRACTOR: CONTRACTOR:

NUTRITION INK CITY OF MONTCLAIR
Leslie Roos, RDN Javier John Dutrey, Mayor
[email protected]
Manager of Operations
Date: Date:

ATTEST:

Andrea Myrick, City Clerk
Date:

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 110 of 259

ATTACHMENT A
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 111 of 259

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 112 of 259

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 113 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–75 WITH CATERING SYSTEMS, INC., TO PROVIDE MEALS FOR THE CITY’S SENIOR CITIZEN NUTRITION PROGRAM,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–75 with Catering Systems, Inc., to provide meals for the City’s Senior Citizen Nutrition Program.

BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services (DAAS) to provide a three–year Senior Citizen Nutrition Program for participants aged 60 and over at the Montclair Senior Center. The Human Services Department is managing and operating the nutrition program with grant funds awarded by DAAS.

The Human Services Department recommends a subcontract with Catering Systems, Inc., for nutrition program meals. City staff has had difficulty finding other meal providers that serve high quality food that will work within the DAAS requirements. In the past, staff requested recommendations for meal providers from DAAS and, unfortunately, other meal providers are significantly higher in cost and subjectively lower in quality.

In order to maintain the current program standards, the Human Services Department is recommending that the City subcontract with Catering Systems, Inc. for Fiscal Year 2022–23. Should the City Council approve Agreement No. 22–75, Catering Systems, Inc., would continue to deliver prepared meals every weekday until June 30, 2023. The meal cost will be $5.85 per meal, a ten–cent increase from FY 2021–22. All of these costs will be covered by the existing cost reimbursement DAAS grant.

The suggested donation for meals effective July 1, 2021, is $3.00, as required by DAAS.

The funding for the meal cost would be paid through participant donations and funding from Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services (DAAS) that was approved by the City Council on June 6, 2022. Note that the DAAS contract has a three–year term and covers the period from July 1, 2022, through June 30, 2025.

FISCAL IMPACT: There will be no cost to the General Fund as a result of the City Council’s approval of Agreement No. 22–75 with Catering Systems, Inc. All of these costs will be one hundred percent grant funded under Agreement No. 22–57 with DAAS.

The term of proposed Agreement No. 22–75 is July 1, 2022, through June 30, 2023.

RECOMMENDATION: Staff recommends City Council approve Agreement No. 22–75 with Catering Systems, Inc., to provide meals for the City’s Senior Citizen Nutrition Program, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 114 of 259 AGREEMENT NO. 22–75

FOOD SERVICE AGREEMENT
THIS AGREEMENT, executed in Montclair, California, is made by and between the City of Montclair, a California Municipal Corporation, hereinafter referred to as the "Contractor," and Catering Systems, Inc., hereinafter referred to as the "Subcontractor." WHEREAS, the Contractor and the County of San Bernardino Department of Aging and Adult Services (DAAS), hereinafter referred to as "County," have entered into an Agreement which authorizes the Contractor to provide certain services, said City Agreement being No. 22-75 signed July 18, 2022; and
WHEREAS, the aforesaid Agreement provides that the Contractor may subcontract for certain professional services subject to prior County approval; and WHEREAS, the Contractor desires to engage the Subcontractor to provide professional services as detailed elsewhere in this Agreement; and WHEREAS, the Subcontractor desires to perform and provide such services.

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

AGREEMENT
Section 1. Statement of Work and Schedule
The Subcontractor shall perform and provide the services set forth in the Food Service Specifications, which is attached hereto as "Attachment 1" and by this reference incorporated herein. The rights and obligations of the parties to this Agreement shall be subject to and governed by said Food Service Specifications as well as by the general provisions herein.

Section 2. Representatives of the Parties and Service of Notice The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands, and communications shall be given are as follows:

A. The representative of the Contractor shall be, unless otherwise stated in the Agreement:

Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 115 of 259 2 B. The representative of the Subcontractor shall be:

Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(714) 278–9294
Section 3. Compensation to the Subcontractor
The Contractor shall pay to the Subcontractor an amount not to exceed $5.85 per meal for approximately 90 meals per day for complete and satisfactory performance of the terms of this Agreement. The Subcontractor shall be paid for providing services set forth in this Agreement. Payment shall be made on a monthly basis.

Section 4. Time of Performance
The term of this Agreement shall commence on July 1, 2022 and terminate on June 30, 2023, provided that said term is subject to the provisions of Section 14, "Indemnity, Liability, and Insurance Requirements," and Section 18, "Termination," and the availability of funds through the County.

There are up to 252 serving days during Fiscal Year 2022–2023 not including the following holidays and special occasions:

Independence Day – July 4, 2022
Labor Day – September 5, 2022
Veterans Day – November 11, 2022
Thanksgiving Day – November 24, 2022 – November 25, 2022 Christmas Eve and Day – December 23 and 26, 2022
New Year’s Eve and New Year’s Day – December 30, 2022 – January 2, 2023 Marin Luther King Jr. Day – January 16, 2023
Presidents’ Day – February 20, 2023
Memorial Day – May 29, 2023
Section 5. Notices, Demands, and Communications
A. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by registered or certified mail, return receipt requested, and shall be deemed effective as the date of mailing.

B. Such notices, demands, or communications shall be addressed as set forth below:

1. For the Contractor:

Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 116 of 259 3 2. For the Subcontractor:

Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(310) 619–1218
C. If the name of the person designated to receive the notices, demands, or communications or the address of such person is changed, written notice shall be given, in accord with this Section, within five (5) working days of said change.

Section 6. Audit Records and Bonding
A. The Subcontractor shall maintain financial records and reports related to funds received under this Agreement.

B. The Subcontractor shall maintain books, records, documents, and other accounting procedures and practices, which reflect all costs of any nature, including cost of raw food and labor costs, expended in the performance of this Agreement.

C. These records shall be subject to audit or inspection by duly authorized County, State, or Federal personnel.

D. The Subcontractor shall maintain all books, records, and other documents relative to this Agreement for three (3) years after final payment or audit by the United States Department of Health and Human Services, the California Department of Aging, and County for five years if no audit occurred.

E. The Subcontractor shall provide to the Contractor, on an annual fiscal year basis, a statement that all persons handling funds received or disbursed by this Agreement are covered by Fidelity Insurance.

F. The Subcontractor shall provide, on an annual basis, an official copy of the Certified Public Accountant audit, which shall be conducted following generally accepted audit practices, to determine that there has been a proper accounting for and use of contract funds. All records of the Subcontractor bearing upon food purchases, storage, and food preparation directly related to said program under this Agreement shall be made available to the Contractor upon request.

G. The Subcontractor shall furnish reports as required by the Contractor, County, California Department of Aging, and the U.S. Administration on Aging.

H. Subcontractors shall use standardized recipes which meet Hazard Analysis requirements and which shall be available to Contractor and County.

I. The Subcontractor shall supply raw food and labor costs to the Contractor as needed.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 117 of 259 4 J. The Subcontractor shall permit periodic monitoring of contracted activities by Contractor, Centralized Dietary Services, County, State, or Federal personnel.

Section 7. Amendments to Agreement
Any changes in the terms of this Agreement, including changes in the scope of services to be performed by the Subcontractor and any increase or decrease in amount of compensation which are agreed to by the Contractor and the Subcontractor, shall be incorporated into this Agreement by a written amendment properly executed by both parties. Prior written approval shall be received from County.

Section 8. Permit and Licenses
The Subcontractor shall hold valid permits, license, certificates, and other documents as are required by the State, County, City, or other governmental or regulatory bodies to legally engage in and perform the services to be provided under this Agreement, such as public health license, Orange County Inspection Reports, annual Fire Inspection Certificates, and other documents attached for County's approval. The Subcontractor shall notify the Contractor immediately of any suspension, termination, lapses, non-renewals, or restrictions of required licenses, certificates, or other documents that may be cause for termination of this Agreement.

Section 9. Conflict of Interest
A. The Subcontractor, during the period to be covered by this Agreement, shall have no interest, direct or indirect, with respect to the Contractor that could create a conflict of interest.

B. No member, officer, or employee of the Contractor and no official, officer, or employee of the County who exercises any responsibilities or functions with respect to the Contractor during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

C. The Subcontractor warrants that no person has been employed to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Contractor the right to terminate this contract or, at the discretion of the Contractor, to deduct from the Subcontractor's fees the amount of such commission, percentage, brokerage, or contingent fees.

Section 10. Independent Contractor Status of the Subcontractor Subcontractor is and shall at all times remain as to the Contractor and County a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Subcontractor shall at all times be under Subcontractor’s exclusive direction and control and shall not be construed to be employees of Contractor or County for any purpose, including eligibility under Public Employees Retirement Law. Neither Contractor nor County nor any of their respective officers, employees, or agents shall have control over the conduct of Subcontractor or any of Subcontractor’s officers, employees, or agents, except as set forth in this Agreement.

The parties agree that the performance of the Subcontractor's services hereunder shall be in the capacity of an Independent Contractor and that no employees of the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 118 of 259 5 Subcontractor have been, are, or shall be employees of the Contractor or County by virtue of this Agreement, and the Subcontractor shall so inform each employee organization and each employee who is hired or retained under this Agreement.

Section 11. Assignment or Transfer of Interest
The Subcontractor shall not assign or transfer any interest in this Agreement, except that claims for moneys due or to become due from the Contractor under this Agreement may be assigned to a bank, trust company, or other financial institution.

Section 12. Applicable Sections of Agreement between County and the Contractor The Contractor and the Subcontractor agree that all conditions set forth in the Agreement, including Addendum and Attachment 1, between the County and the Contractor, as applicable in the performance of this Agreement, are hereby included herein by reference as though set forth herein in full. Referenced sections are available at the Contractor and County for review during normal business hours.

Section 13. Discrimination Prohibited
A. The Subcontractor shall not discriminate against any employee or person served on account of race, color, sex, religious background, ancestry, national origin, or disability in its performance of this contract and hereby agrees to comply with all Federal, State, and County laws or regulations pertaining hereto including the Americans With Disabilities Act and applicable Civil Rights Acts.

B. It is expressly understood that upon receipt of evidence of such discrimination, the Contractor shall have the right to terminate said contract.

C. Affirmative Action: A written affirmative action plan, embodying both (1) goals and timetables of minority manpower utilization; and (2) specific affirmative action steps directed at increasing minority utilization by means of applying good faith efforts to carry out such steps, is to be included.

Section 14. Indemnity, Liability, and Insurance Requirements A. The Subcontractor agrees to defend, indemnify, and hold harmless the Contractor and the County, their officers, employees, and assigns, against any and all claims arising from acts, omissions, or negligence of the Subcontractor, its officers, or employees in the performance of this Agreement. The Subcontractor shall defend any suit against the Contractor and County alleging personal injury, sickness, or disease arising out of meals served at the project sites (or home delivered) provided food is served one hour after delivery (or eaten immediately after home delivery). This indemnification provision shall apply regardless of the existence or degree of fault of the indemnified parties.

Subcontractor’s indemnification obligation applies to the Contractor’s an County’s active as well as passive negligence, but does not apply to the Contractor or County’s sole negligence or willful misconduct.

B. The Contractor shall promptly notify the Subcontractor in writing of any claims against the Contractor or Subcontractor and, in the event of a suit being filed, the Contractor shall promptly forward to the Subcontractor all papers in MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 119 of 259 6 connection therewith. The Contractor shall not incur any expenses or make any settlement without the Subcontractor's consent. However, if Subcontractor refuses or neglects to defend any such suit, the Contractor may defend, adjust, or settle any such claim, and the cost of such defense, adjustment, or settlement, including reasonable attorney's fees, shall be charged to the Subcontractor. The Subcontractor shall promptly notify the Contractor in writing of any claims against the Contractor or Subcontractor.

C. The Subcontractor shall furnish proof in the form of a hand–signed certificate of insurance that it carries insurance in the minimum amounts listed below prior to commencement of performance under this Agreement. Such coverage shall be maintained currently effective until receipt of final payment under the terms of this Agreement.

1. Comprehensive General $1,000,000 combined Single Liability [including (CSL) minimum Product Liability]

2. Professional Liability $1,000,000 per occurrence
D. Comprehensive Auto Liability (owned and non-owned)

1. Bodily Injury $ 100,000 each person
$ 300,000 each accident
$ 300,000 aggregate products

2. Property Damage $ 50,000 each accident
$ 250,000 aggregate operations
$ 250,000 aggregate protection
$ 250,000 aggregate products
$ 250,000 aggregate contractual
E. Worker's Compensation. The statutory limit shall be in accordance with Sections 3700 and 3800 of the Labor Code of the State of California.

F. Additional Insured. The City of Montclair and County of San Bernardino shall be named as additional insured on all policies or certificates.

G. Cancellation Notice. A 30–day Notice of Cancellation shall be mailed to the Contractor and County, 784 E. Hospitality Lane, San Bernardino, CA. 92415.

H. In the event any new or additional meal locations are started, the insurance carrier shall name all new or additional sites as insured under the policy.

I. Failure on the part of the Subcontractor to procure or maintain required insurance shall constitute a material breach of Agreement and Contractor may immediately terminate or suspend this Agreement.

Section 15. Compliance with Statutes and Regulations
A. In the performance of this Agreement, the Subcontractor shall obey all laws of the United States, the State of California, and all County and local ordinances, regulations, policies, codes, and provisions .

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 120 of 259 7 B. The Subcontractor shall conform to the nutrition requirements under Title III–C of the Older Americans Act of 1965, as amended, including providing the minimum Title III–C requirement per person of one third of the Recommended Daily Dietary Allowance (RDA).

C. The Subcontractor shall comply with the California Uniform Retail Food Facilities Law (CURFFL), the Hazard Analysis (HACCP) requirements and San Bernardino County Department of Aging and Adult Services Policy and Procedures for Senior Nutrition Sites.

Section 16. Federal, State and Local Taxes
Subcontractor is responsible for paying when due all Federal, State, and local taxes, including estimated taxes, incurred as a result of the compensation paid by Contractor to Subcontractor for services under this Agreement. On request, Subcontractor will provide Contractor with proof of timely payment. Subcontractor agrees to indemnify, defend, and hold harmless Contractor for any claims, costs, losses, fees, penalties, interest, or damages suffered by Contractor resulting from Subcontractor’s failure to comply with this provision. In addition, in the event Contractor is required to respond to a request from any State or Federal taxing agency as a result of Subcontractor’s failure to comply with this provision, Subcontractor shall pay to Contractor the sum of $300.00 for each occasion Contractor is required to so respond.

Section 17. Termination
The Contractor may terminate this Agreement at any time within the period of its duration upon not less than thirty (30) days written notice by the Contractor to the Subcontractor or immediately for cause. The Subcontractor may terminate this contract upon not less than thirty (30) days written notice to the Contractor. Notice shall be provided as in Section 5 herein.

In addition, this Agreement may be terminated because of lack of funds, repeated citations by County, and failure to make corrective actions required by County. In the event funds to finance this contract, or part of this contract, become unavailable, the obligations of each party hereunder may be terminated upon no less than ten days written notice to the other party. Said notice shall be delivered by certified mail or in person. County shall be the final authority as to the availability of Federal or State funds. Waivers of breach of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement.

Section 18. Negotiation of Disputes
Any disputes of law or fact between the Contractor and the Subcontractor shall be settled between the parties concerned in such a manner that they will not delay or adversely affect the performance of the Contractor. Should any questions remain unresolved, the dispute would be submitted to the Director of the Area Agency on Aging or his designee to render a decision. Said decision will be binding upon the Contractor and the Subcontractor.

Section 19. Prior Approval of Subcontracts
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 121 of 259 8 The Subcontractor shall not enter into any subcontracts, for all or part of the services contemplated under this Agreement, without obtaining prior written approval of the Contractor and the Area Agency on Aging, which shall then be made a part of the original Agreement. No subcontracts shall be approved which would incur an obligation higher than the original agreed–upon price.

Section 20. Fair Labor Standards Compliance
Subcontractor agrees to indemnify, defend, and hold harmless the County of San Bernardino and the Contractor, their respective agents, officers, and employees from any and all liability including, but not limited to, wages, overtime party, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act for services performed by the Subcontractor's employees for which the Contractor or the County of San Bernardino may be found jointly or solely liable.

Section 21. Citizenship Laws
Subcontractor warrants its full compliance with all laws regarding employment of aliens and others and that all of its employees performing services hereunder meet the citizenship or alien status requirements contained in Federal Immigration Reform and Control Act of 1986. Subcontractor shall obtain from all covered employees services hereunder all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. Subcontractor shall retain such documentation for all covered employees for the period prescribed by law. Subcontractor shall indemnify, defend, and hold harmless the County and Contractor, their respective officers, agents and employees from employer sanctions and any other liability which may be assessed against either Subcontractor, Contractor, or County in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this contract.

Section 22. Subcontractor Staffing Requirements
To assure that meals are prepared in a safe, sanitary environment in compliance with the California Health and Safety Code, the San Bernardino County Department of Aging and Adult Services Policies and Procedures, and Contracts Management Manual, the Subcontractor shall comply with the following requirements:

The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's degree in Nutrition/Dietetics with an institutional food service management emphasis from an accredited college or university for supervision of the food services operation within the catering company and/or central kitchen. The Dietitian shall be both qualified as specified in sections 2585 and 2586, Business and Professions Code, and registered by the Commission on Dietetic Registration.

Or
The Subcontractor shall hire a qualified Food Service Manager who possesses a Bachelor of Science degree in Food and Nutrition with MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 122 of 259 9 emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years' professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the four–year degree requirements. The Subcontractor must submit to the Contractor the registration identification number and expiration date of Registered Dietitian along with complete verifiable résumés of the Registered Dietitian or Food Service Manager for County's approval.

The County may, at its sole discretion, waive this requirement or, for repeated deficiencies of noncompliance, require the Subcontractor to fill both positions and/or to expand the required positions to full–time positions.

Section 23. Date of Execution
The parties hereto agree that the first party to execute this Agreement shall enter the date executed in the blank provided herein on both duplicate originals, which date shall be the date this Agreement is made provided, however, the term shall be for the period set forth in Section 4 herein.

Section 24. Complete Agreement
This Agreement, Addendum, Appendices, if applicable, and Attachment 1 contain the full and complete Agreement between the two parties. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 123 of 259 10 IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.

Subcontractor: Contractor:

CATERING SYSTEMS, INC. CITY OF MONTCLAIR
Rosanna Rojas Javier John Dutrey
President Mayor
Date Date
Rosanna Rojas
Secretary
Date
ATTEST:

Andrea M. Myrick
City Clerk
APPROVED AS TO FORM:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 124 of 259 11 ADDENDUM

OTHER REQUIREMENTS
(Contractor's Option)
"Penalties for discrimination in employment - Any contractor who shall be found in violation of the nondiscrimination provisions of the State of California Fair Employment Practice Act or similar provisions of federal law or executive order in the performance of any contract with the City, thereby shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $25 for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section." "Penalties for violation of affirmative action provisions - Any contractor who shall be found in violation of the agreement to pursue an affirmative course of action, or in violation of any provision of the affirmative action guidelines pertaining to the contract, shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $250 for each calendar day during which the contractor is found to have been in noncompliance, damages for said breach of contract, or both."
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 125 of 259 ATTACHMENT 1

FOOD SERVICE SPECIFICATIONS

BETWEEN THE CITY OF MONTCLAIR
AND CATERING SYSTEMS INC.

STATEMENT OF WORK AND SCHEDULE
During the time of performance as set forth herein, the Subcontractor shall furnish all food, labor, and equipment necessary to prepare and deliver individual meals and/or bulk food for persons 60 years of age and older in compliance with the Title III Congregate and Home–Delivered Nutrition standards as described in Federal, State, and County regulatory statutes and the California Health and Safety Codes, more specifically, the California Uniform Retail Food Facilities Law (CURFFL) as amended January 1, 1996, the Older Americans Act (OAA), Amendment of 1992, and the San Bernardino County Department of Aging and Adult Services (County).

To assure that meals are prepared in a safe, sanitary environment, in compliance with the California Health and Safety Code, the DAAS Policies and Procedures and Contracts Management Manual, the Subcontractor shall comply with the following requirements:

The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's Degree in Nutrition/Dietetic with an institutional food service management emphasis from an accredited college or university, for supervision of the food services operation within the catering company and/or central kitchen.

The Subcontractor shall hire a qualified Food Service Manager who possess a BS degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the 4 year degree requirements.

The Subcontractor must submit, to the Contractor, the registration identification number and expiration date of the Registered Dietitian along with complete verifiable resumes of the Registered Dietitian or Food Service Manager for the County's DAAS approval.

The County may, at its sole discretion, waive this requirement or for repeated deficiencies of non–compliance, require the Subcontractor to fill both positions, and/or to expand the required positions to full time positions.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 126 of 259 13 A. Number of Meals
The estimated number of meals required per day is between 60 and 90, Monday through Friday. The maximum requirement is outlined below.

Total Maximum Annual Meals Catered Cost of Meal
Monday through Friday 90 $5.85
Saturday N/A
Sunday N/A
Box lunches N/A
Breakfast N/A
Frozen meals N/A
Other food items N/A
Total Max Annual Meals 22,680 $132,678
B. Delivery

1. The meals shall be delivered as follows:

Approx. Time Food Time Food Time Food
Meal Number Preparation Leaves Arrives
Location of Meals Completed Kitchen at Site
Montclair Senior 60–90 10:00 a.m. 10:30 a.m. 11:00 a.m.

Center
5111 Benito Street
Montclair, California

2. The Contractor reserves the right to add or delete meal sites or designate alternate meal locations, as appropriate, subject to approval by County.

3. The Contractor may change the days and time of delivery and service by giving the Subcontractor seven (7) days notice.

4. The Contractor may change the number of meals to be delivered to any of the meal locations by notifying the Subcontractor by 10:00 a.m. the day prior to delivery.

5. The Subcontractor shall deliver the meals no more than 60 minutes prior to or 30 minutes after the agreed upon serving time.

6. Box lunch delivery time may be as early as 9:00 a.m. as long as appropriate holding facilities are available for perishable food items and MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 127 of 259 14 meals are transported under appropriate packing, heating and cooling temperature requirements.

7. The Contractor reserves the right to require Subcontractor to deliver food on all holidays that food service is needed.

8. The contractor shall serve foods for congregate meals; within two (2) hours after food preparation has been completed.

C. Delivery Service Specifications

1. Meals are to be delivered in (bulk/individual) prepackaged servings.

2. The Subcontractor shall supply the following food service items.

Item Specifications
Rectangular disposable plates Five compartment
Disposable bowls Eight–ounce soup bowls
Disposable flatware Bulk or pre–packaged, good quality
Napkins Good quality
Table coverings Paper placemats
Disposable cups Eight–ounce cups for bulk milk
Other Straws, plastic gloves, boxes, or bags
as needed for box lunches

3. The Subcontractor shall provide all serving trays and utensils, warming, refrigerating and freezing equipment, where necessary, for the maintenance of proper temperatures as specified herein, and shall provide servicing of the equipment and/or replacement (depending on needs of Project).

4. All food must be packaged and transported under conditions that will ensure temperature control to prevent bacterial contamination, spillage, and/or infestation. All hot foods should be packaged individually or in bulk containers to ensure a minimum delivery temperature of 145º° F. All cold foods must be packaged to ensure a maximum delivery temperature of 40º F. All foods intended to be delivered frozen shall be packaged to maintain a hard frozen state until such food reaches point of delivery.

Temperature of bulk and home–delivered meals must be taken daily at the end of production/packaging and on delivery at the nutrition site by the Subcontractor and Contractor. Hot and cold foods must be placed immediately into insulated hot and cold transport equipment upon completion of packing.

Daily written documentation of temperature logging/monitoring must be kept by Subcontractor and will be subject to audit by the centralized dietary services and the County nutritionist.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 128 of 259 15 The sites shall be assumed correct on shortages unless the caterer proves them wrong. All calls regarding shortages and food replacement will be communicated by the Contractors office.

5. Meals must be delivered in refrigerated trucks and/or approved for bulk– insulated containers for hot pack and cold pack. Delivery standards shall comply with applicable local health department regulations.

6. Food and supplies must be packed and handled in a sanitary manner to assure absence of contamination and spillage.

7. The program may require replacement of any cold food that is received on site at above 45 degrees F and any hot food that falls below 140 degrees F.

8. Food shortages and/or spoiled foods that are reported to the caterer by agree time of delivery must be replaced or the enclosed deduction schedule will be utilized.

9. Packing of food for delivery to the sites will be negotiated as mutually acceptable to the Contractor and Subcontractor. Sites may differ on packaging of some items due to available site equipment and time/distance.

10. The Subcontractor shall be responsible for cleaning and care of equipment returned to his facility each day.

11. The Subcontractor shall place food in areas designated by meal location managers.

12. Food shall be transported no longer than 60 minutes after packaging.

13. Food shall be kept in heat retaining equipment no longer than 60 minutes prior to serving.

14. Each delivery shall be accompanied by a delivery slip, in triplicate, designating number of meals and supplies delivered. Project Director or designated person will sign receipt, if in order, and one copy shall be left with the Project Director.

15. Instructions shall be attached to each food product delivered indicating name of meal location, number of servings, size of servings, and size of utensil to be used in serving.

16. Cake, cornbread, and casserole dishes, i.e. meatloaf, lasagna, tuna noodle casserole shall be pre–scored by the Subcontractor for the appropriate number of servings.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 129 of 259 16 17. All Subcontractor delivery equipment shall be removed from the meal location by the next service day. Contractor is not responsible after this time.

18. The Subcontractor shall provide a back–up delivery system in the event of vehicle breakdown.

19. Electrical items required to be provided herein shall have the UNDERRITERS LABORATORY approval and meet all current OSHA and COSHA laws and regulations. Subcontractor shall provide Contractor with a current copy of the health certificate and any corrected deficiencies with bid. To ensure that all regulations are followed, the Subcontractor must have a qualified food service manager or part–time registered dietitian (20 hours per week) or staff who will assure that meals are prepared in a safe and sanitary condition throughout the meal service operation.

20. Authorized representatives of the Contractor, County, centralized dietary services, State, and Federal shall have the right to inspect food preparation, storage, and packaging sites during the term of the contract.

D. Meal Standards

1. A Chemical analysis of any food delivered by the Subcontractor may be requested by the Contractor or County at any time. The Subcontractor agrees to cooperate in having the analysis done. If the analysis discloses that the food does not comply with required meal specifications, the Subcontractor shall be liable for the cost of this analysis and meals served to seniors out of compliance.

2. The Subcontractor shall be liable for meals that do not meet the nutritional standards and requirements, are spoiled or unwholesome at time of delivery, are incomplete or insufficient in number ordered, or are delivered after the time specified by the Contractor. In the event the Subcontractor fails to deliver complete meals, other foods, or supplies as agreed upon, the Contractor may provide a substitute meal with emergency meals of supplies purchased from other places and charge the cost of the purchased meal to the Subcontractor. The replacement cost shall not exceed 100 percent of the contract catered meal cost.

3. If any portion of a meal other than the entree is delivered in an unacceptable condition, such as incorrect temperature (potentially hazardous)* less than contracted portion, spoiled or too late, the Subcontractor shall be liable for the cost of that portion. If the entree is unacceptable, the Subcontractor shall be liable for the cost of the entire meal. In order to ensure conformance to the above, the delivery driver shall remain at the site until the food is checked by the location manager. All shortages shall be noted on delivery slip for proper crediting.

E. Menu Requirements
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 130 of 259 17 1. All menus shall comply with Title III–C meal pattern requirements.

2. A six–week cycle menu shall be used that is written once yearly.

3. The Contractor has the responsibility for menu writing with input from the Project Council and Subcontractor. The menu shall be approved by the centralized dietary services dietitian.

4. The Contractor is responsible for typing and duplicating the menu.

5. All menus must be signed by the Project Director, Project Council Chairman or designee, the centralized dietary services dietitian, and certified by the County nutritionist prior to the start of the menu cycle.

6. The Project Director or centralized dietary services dietitian shall submit all menu substitutions by the Subcontractor at least 2 days prior to the serving date. The subcontractor may, however, in an emergency make menu substitutions on verbal approval of the Project Director or centralized dietary services dietitian, with a written notice to follow for documentation.

7. Provisions shall be made by the Subcontractor to provide in–service training regarding food sanitation and safety for their food service staff.

Documentation of such training shall be submitted to the Contractor.

County may require the Contractor, based upon major finding of non– compliance items in food and safety, to provide additional food service training.
*See definition of Potentially Hazardous Food, DAAS Contract Management for Service Providers.

F. Meal Pattern Specifications

1. All food must be of the highest quality standard and conform to USDA requirements. It must be prepared in a manner to preserve optimum flavor and appearance while retaining nutrients and food value. Special consideration should be given to tenderness of meat because of the age of our participants. The Subcontractor is responsible for assuring its high quality before it is sent to the meal sites.

Title III – Meal Pattern:

Meat or meat alternatives A minimum of 15 g protein per meal required.

Specification for all processed preformed meat
must be approved by the County nutritionist
before adding to menu. Two–and one–half–
ounce edible portion of meat/meat alternate in
casserole dishes.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 131 of 259 18 Vegetable/Fruits Two half cup servings each per meal (exclusive of dessert).

Juice* One–half cup Vitamin C fortification required
to satisfy Vitamin C requirement.

Starch or alternate One slice bread or one–half cup serving cooked starch, such as rice, pasta, etc.

Selections made from whole grains are
preferred.

Fortified margarine or butter One teaspoon.

Dessert* One–half (1/2) cup portions or fresh fruit
equivalent. Limit of 1 dessert high in sugar,
refined grains, or saturated fat per week.

Milk or milk product Eight–fluid–ounce serving or calcium equivalent. Liquid milk served must be 1% fat, nonfat, or buttermilk.
(a) In the preparation of all meals, the Subcontractor shall use a minimum of simple sugars. Each meal shall not exceed 1000 milligrams of sodium and shall be low in fat (standard is no more than 30 percent or less of total calories). Limit of 2 high–sodium meals served in any week.
(b) Subcontractor shall provide all condiments that are normally served with specific menus including, but not limited to, salt; pepper; salad dressing; tartar sauce; mustard; catsup; cream; sugar; and garnishes, such as lemon slices and parsley (as agreed upon). A low– sodium salad dressing choice shall be offered and used in sodium and other nutrient calculations for menus with green salads. (c) Ground beef may be used no more often than twice a week and must be in solid form such as meat loaf or Salisbury steak for one of the servings. The fat content cannot exceed 15 percent. (d) Textured vegetable protein may be used at no greater amount than 30 percent of the total protein.
(e) Meat alternates (dried beans, peas, lentils, nuts, nut butters) shall not be served more often than one time per week.
(f) Desserts, such as fruits or high–nutrient density desserts shall be served throughout the week in one–half (1/2) cup portions. High– calorie desserts, such as plain gelatin desserts, cakes, pies, cookies, and similar foods, shall also be included but are to be limited to once per week. Milk–based dessert may be served once per week. A MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 132 of 259 19 dessert consisting of 50 percent fruit (fruited Jell–O, etc.) may be served once a week.
(g) Different fruits will be served once per meal. Whole fresh fruit in season shall be served at least once during each week. Canned fruit will be water packed or packed in its own juice.

2. Minimum grades for all foods shall be as follows:
(a) Beef: USDA Grade A choice
(b) Pork: USDA Number 1 (as defined in S R.A., No. 171, U.S. Standards and Grades of Pork Carcasses)
(c) Lamb USDA choice
(d) Poultry USDA Grade A to be used for all fresh or frozen poultry products. Necks, backs, and wings alone
shall not be used prior approval of the Project
Director or project designee. Reconstructed roll
products are not acceptable (optional).
(e) Variety meats: Grade No. 1 from USDA Government–inspected plants.
(f) Dairy products: Following is to be used as minimum specifications for all graded dairy products:
(1) Eggs, fresh USDA or State Graded A
(2) Cheese, USDA Grade A non–processed cheese
(3) Milk, low fat, shall be available
(g) Fish and seafood must be fresh or frozen and be a nationally distributed brand packed under continuous inspection of the U.S.

Department of Interior.
(h) Canned fruits and juices: USDA Grade A (Fancy) and Grade B (Choice) are to be used for all graded fruits and fruit juices. Grade C (Standard) may be used for pie and cobbler products only. (i) Fresh fruits: USDA Fancy to USDA No. 1 to be used for all graded fresh fruits as a minimum standard.
(j) Fresh vegetables: USDA Fancy and No. 1 to be used for all graded fresh vegetables as a minimum standard.
(k) Frozen fruits and vegetables: USDA Grade A is to be used for all graded frozen fruits and vegetables as a minimum standard.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 133 of 259 20 3. Meal Component/Nutrient Analysis
(a) A meal component /nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be completed in compliance with OAA, Section 339, and California Regulations, Title 22, Division 1.8, Chapter 4, Article 5, Section 7638.5.

Computerized Nutrient Analysis Requirements:

Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals. The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals.

While meal patterns serve as a basic framework for menu planning, providers are encouraged to use computerized nutrient analysis because it provides specific information on nutrients the menu may not be providing. The information that a menu is not supplying all of the desired nutrients will guide the development of future menus.

As required menu elements are expanded, it is more difficult to meet all of the requirements on a daily basis. Nutrition programs for the elderly should focus on:
 Vitamin A
 Vitamin C
 Protein
 Fat
 Sodium
 Fiber
Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions and nutrition education.

The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein; carbohydrates; total fat; saturated fat; total fiber; Vitamins A, C, D, E, K, thiamin, riboflavin, niacin, B6, folate, B12; calcium, chromium, copper, iron, magnesium, sodium, and zinc. In addition to meeting one third of the Dietary Reference Intakes, the menus should also follow the Dietary Guidelines for Americans.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 134 of 259 21 (b) Menu cycle shall be analyzed on a regular basis and documentation maintained for County review.

G. Supplies Specification Procedures
The Subcontractor shall provide disposable table service based upon the supplies specification included. These supplies shall be ordered and delivered weekly at each site. A minimum of one week’s supply on hand at all times. The Contractor shall supply order forms and monitor supply usage.

The Subcontractor shall furnish, as part of supplies, the cleaning and other miscellaneous supplies (see Supplies Specification Sheet). These supplies will be ordered as needed. The Contractor shall supply order forms and monitor supply usage. (This is subject to negotiation.)

EVALUATION OF SUBCONTRACTOR
The Contractor and centralized dietary services dietitian shall evaluate the Subcontractor's performance to determine if the Agreement is in compliance in meeting requirements. All evaluations must be sent to the County nutritionist.

RECEIPTS AND INVOICES PROCEDURES
A. The Subcontractor shall issue daily delivery receipts to each site.

B. After the close of each week, the Subcontractor will furnish to the program an invoice of meals ordered by the program, the previous week. The Contractor will pay such invoices for the prior week within 30 days after receipt of same invoice or as agreed between the Contractor and Subcontractor.

DEDUCTION PROCEDURE
A. The Subcontractor shall deliver meals that meet Title III–C menu regulations. If the Subcontractor fails to deliver all menu items or appropriate substitute items and/or the program rejects food, the Subcontractor shall be reimbursed as outlined in Section 4, "Meal Standards."
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 135 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: HSV043
DEPT.: HUMAN SVCS.

PREPARER: A.COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–76 WITH SUZANNE YOAKUM TO

PROVIDE CASE MANAGEMENT SERVICES FOR SENIOR CITIZEN PROGRAMS, SUBJECT

TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–76 for contracted services with Suzanne Yoakum to provide case management services.

BACKGROUND: Case Management is a component of the Healthy Montclair initiative.

Healthy Montclair is part of a countywide effort to improve the health and well–being of all county residents by creating healthy environments and promoting healthy life choices. The purpose of the Healthy Montclair Initiative is to achieve an excellence in quality of life for those who live, work, learn, play, eat, and shop in Montclair. Healthy Montclair defines health as a state of complete physical, mental, and social flourishing and not merely the absence of disease or infirmity.

The Human Services Department provides case management services under the Senior programs offered at the Montclair Senior Center. Ms. Yoakum has performed these case management services at the Senior Center for many years. Ms. Yoakum has extensive experience working in the social services field as well as being an educator in gerontology and a board member of local senior–serving non–profits. Under this proposed contract services agreement, in her role as case manager for the Senior Center, she will assist in guiding individuals and families to attain financial stability including basic needs, sustaining safe housing, and moving toward more self–sufficient circumstances.

FISCAL IMPACT: Should the City Council approve Agreement No. 22–76, the City’s contractual obligation for senior case management will be $3,000. The funding for proposed Agreement No. 22–76 was allocated and approved in the Fiscal Year 2022–23 Human Services Department Budget. The term of proposed Agreement No. 22–76 is July 1, 2022, through June 30, 2023.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–76 with Suzanne Yoakum to provide case management services for Senior Citizen programs, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 136 of 259 Agreement No. 22–76
1 CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

HUMAN SERVICES - PROGRAM FISCAL AND CONTRACT COMPLIANCE THIS AGREEMENT is made and effective as of July 1, 2022 between the City of Montclair, a municipal corporation (“City”) and Suzanne Yoakum, a California sole proprietor (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 1, 2022 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. CITY MANAGEMENT
City’s Human Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s Human Services Director shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full.

This amount is subject to receipt of grant funding and shall not exceed $3,000 for the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 137 of 259 Agreement No. 22–76
2 total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City.

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 138 of 259 Agreement No. 22–76
3 the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 139 of 259 Agreement No. 22–76
4 misconduct of Consultant, including its subcontractors, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent Consultants, subconsultants/subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subconsultants/subcontractors, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subconsultants/subcontractors and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subconsultant, Subcontractor, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subconsultant, Subcontractor or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subconsultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 140 of 259 Agreement No. 22–76
5 actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, nonowned and hired autos, or the exact equivalent, with minimum limits of $100,000 for bodily injury and property damage, each accident.

If Consultant owns no vehicles, auto liability coverage may be MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 141 of 259 Agreement No. 22–76
6 provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Workers’ Compensation: If applicable, Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by Section (a)(1) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:

Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability”

3. Restrict coverage to the “Sole” liability of consultant

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Contract) (2) The policy or policies of insurance required by Section (a)(2) Workers’ Compensation shall be endorsed, as follows:

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 142 of 259 Agreement No. 22–76
7 11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation or benefits to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) In regard to the professional services provided by Consultant and defined in Exhibit “A,” City and Consultant specifically agree as follows:
(1) While Consultant may perform certain services at the premises of City, Consultant is not required to do so and may perform services at her separate business location.
(2) With the exception of agreed upon project completion dates and the agreement the Consultant will be available at reasonable business hours, the Consultant shall have the ability to set his/her own hours of operation.
(3) Consultant represents that the services he/she performs under this Agreement are the same services Consultant is customarily engaged in his/her business. City acknowledges that Consultant does not perform services exclusively for City and that Consultant performs or is available to perform these same services to other clients. (4) Consultant will use his/her own discretion and independent judgment in the performance of the services rendered for City under the terms of this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 143 of 259 Agreement No. 22–76
8 12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 144 of 259 Agreement No. 22–76
9 similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.

Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: Marcia Richter
Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Sue Yoakum
1400 W. Francis Avenue
Ontario, CA 91762

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Because of the personal nature of the services to be rendered pursuant to this Agreement, only Misha L. Penn, shall perform the services described in this Agreement.

Consultant’s responsible employee may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 145 of 259 Agreement No. 22–76
10 provide City fourteen (14) days’ notice prior to the departure of the responsible employee from Consultant’s employ. Should he leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

22. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 146 of 259 Agreement No. 22–76
11 23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MONTCLAIR CONSULTANT
By: By:

Javier John Dutrey, Mayor Suzanne Yoakum, Consultant
Attest:

By:

Andrea Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 147 of 259 Agreement No. 22–76
12 EXHIBIT A
During the term of this Agreement and in accordance with Section 2, CONSULTANT shall provide the services described below:
a) Share technical expertise and provide guidance to the Human Services staff on senior needs.
b) Provide case management to assist seniors and individuals and families in attaining financial stability including basic needs, sustaining safe housing, and moving toward more self-sufficient circumstances. In addition, provide case management to those with more complex needs referred by Human Services Department Staff.
c) Service at least 50 case management clients
d) Collect and maintain required paperwork, as determined by Human Services Department Staff.
e) Assist with compiling information and reporting case management information as required.
f) Provide monthly invoices by the 5th of the following month to Alyssa Colunga, Administrative Analyst [email protected] along with a written accounting and confirmation of tasks performed each month.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 148 of 259 Agreement No. 22–76
13 EXHIBIT B
Payment Schedule
Month Amount
July $250.00
August $250.00
September $250.00
October $250.00
November $250.00
December $250.00
January $250.00
February $250.00
March $250.00
April $250.00
May $250.00
June $250.00
Total $3,000.00
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 149 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 9
FILE I.D.: HSV020
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–77 WITH MISHA L. PENN TO PROVIDE

GRANT MANAGEMENT AND FISCAL COMPLIANCE SERVICES FOR THE HUMAN

SERVICES DEPARTMENT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–77 for contracted services with Misha L. Penn to provide grant management and fiscal compliance services for the Human Services Department.

BACKGROUND: Healthy Montclair is part of a countywide effort to improve the health and well–being of all residents of San Bernardino County by creating healthy environments and promoting healthy life choices. The purpose of the Healthy Montclair Initiative is to achieve an excellence in quality of life for those who live, work, learn, play, eat, and shop in Montclair. Healthy Montclair defines health as a state of complete physical, mental, and social flourishing and not merely the absence of disease or infirmity.

As part of the Healthy Montclair Initiative, the Human Services Department applies for and receives grant funding for various programs from private foundations, San Bernardino County, and the State of California — some of which include Federal Funding.

For the past nine years, Misha L. Penn has supported the Human Services Department in its grant management and fiscal compliance. Ms. Penn has a bachelor’s degree in Business Administration and a combined thirty–three years of experience in contract management, grant compliance, program finance, and project implementation covering public, private, and non–profit sectors. Under this proposed contract services agreement, Ms. Penn will continue to support the Human Services Department as an independent contractor.

FISCAL IMPACT: This contractual obligation of $30,000 will be funded using the existing Human Services Department grant funds allocated and approved within the Fiscal Year 2022–23 Budget. Should the City Council approve Agreement No. 22–77, there will be no adverse impact to the City’s General Fund. The term of proposed Agreement No. 22–77 is July 1, 2022, through June 30, 2023.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–77 with Misha L. Penn to provide grant management and fiscal compliance services for the Human Services Department, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 150 of 259 Agreement No. 22–77
1 CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

HUMAN SERVICES - PROGRAM FISCAL AND CONTRACT COMPLIANCE THIS AGREEMENT is made and effective as of July 1, 2022 between the City of Montclair, a municipal corporation (“City”) and Misha L. Penn, a California sole proprietor (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 1, 2022 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. CITY MANAGEMENT
City’s Human Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s Human Services Director shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full.

This amount is subject to receipt of grant funding and shall not exceed $30,000 for the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 151 of 259 Agreement No. 22–77
2 total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City.

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 152 of 259 Agreement No. 22–77
3 the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 153 of 259 Agreement No. 22–77
4 misconduct of Consultant, including its subcontractors, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent Consultants, subconsultants/subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subconsultants/subcontractors, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subconsultants/subcontractors and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subconsultant, Subcontractor, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subconsultant, Subcontractor or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subconsultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 154 of 259 Agreement No. 22–77
5 actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, nonowned and hired autos, or the exact equivalent, with minimum limits of $100,000 for bodily injury and property damage, each accident.

If Consultant owns no vehicles, auto liability coverage may be MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 155 of 259 Agreement No. 22–77
6 provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Workers’ Compensation: If applicable, Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by Section (a)(1) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:

Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability”

3. Restrict coverage to the “Sole” liability of consultant

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Contract) (2) The policy or policies of insurance required by Section (a)(2) Workers’ Compensation shall be endorsed, as follows:

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 156 of 259 Agreement No. 22–77
7 11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation or benefits to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) In regard to the professional services provided by Consultant and defined in Exhibit “A,” City and Consultant specifically agree as follows:
(1) While Consultant may perform certain services at the premises of City, Consultant is not required to do so and may perform services at her separate business location.
(2) With the exception of agreed upon project completion dates and the agreement the Consultant will be available at reasonable business hours, the Consultant shall have the ability to set his/her own hours of operation.
(3) Consultant represents that the services he/she performs under this Agreement are the same services Consultant is customarily engaged in his/her business. City acknowledges that Consultant does not perform services exclusively for City and that Consultant performs or is available to perform these same services to other clients. (4) Consultant will use his/her own discretion and independent judgment in the performance of the services rendered for City under the terms of this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 157 of 259 Agreement No. 22–77
8 12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 158 of 259 Agreement No. 22–77
9 similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.

Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: Marcia Richter
Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Misha L. Penn
808 Cloverview Drive
Glendora, CA 91741

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Because of the personal nature of the services to be rendered pursuant to this Agreement, only Misha L. Penn, shall perform the services described in this Agreement.

Consultant’s responsible employee may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 159 of 259 Agreement No. 22–77
10 provide City fourteen (14) days’ notice prior to the departure of the responsible employee from Consultant’s employ. Should he leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

22. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

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11 23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MONTCLAIR CONSULTANT
By: By:

Javier John Dutrey, Mayor Misha L. Penn, Consultant
Attest:

By:

Andrea M. Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 161 of 259 Agreement No. 22–77
12 EXHIBIT A
During the term of this Agreement and in accordance with Section 2, CONSULTANT shall provide the services described below:
a) Share technical expertise and provide guidance to the Human Services staff on the basics of public and private contracting, contract administration, project management, cost control, and project scheduling.
b) Support and advise Human Services staff on action planning including prioritization and identification of best practices to consider for department activities, projects, and grant–funded programs.
c) Provide guidance and technical assistance for grant contract and subcontract compliance including requirements unique to state and federally-funded fixed price and cost reimbursement contract types, which may include but are not limited to the County of San Bernardino’s Department of Aging and Adult Services, the California Office of Traffic Safety, the Southern California Association of Governments, as well as other private foundations. d) Provide guidance and technical assistance in drafting agreements/subcontracts and proper flowdown of contract requirements. e) Provide guidance and technical assistance for grant proposals/applications and grant fiscal reporting.
f) Support preparation for grant contract administrative and fiscal compliance monitoring.
g) Support and advise on short–term capacity building priorities for Human Services’ staff.
h) Support and advise on mid–term capacity building priorities for marketing, communications, training, adaptability to change, and basic infrastructure issues.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 162 of 259 Agreement No. 22–77
13 EXHIBIT B
Payment Schedule
Month Amount
July $2,500.00
August $2,500.00
September $2,500.00
October $2,500.00
November $2,500.00
December $2,500.00
January $2,500.00
February $2,500.00
March $2,500.00
April $2,500.00
May $2,500.00
June $2,500.00
Total $30,000.00
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 163 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: HSV044
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–78 WITH ONTARIO–MONTCLAIR

SCHOOL DISTRICT TO PROVIDE A LICENSED CLINICAL SOCIAL WORKER FOR THE MONTCLAIR COMMUNITY COLLABORATIVE’S CASE MANAGEMENT PROGRAM,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–78 with Ontario–Montclair School District (OMSD) to continue the services of a Licensed Clinical Social Worker (LCSW) for the Montclair Community Collaborative’s Case Management Program.

BACKGROUND: In December 1999, the City Council approved Agreement No. 99–108 with OMSD to provide LCSW services for the Montclair Community Collaborative’s Case Management Program. This original contract was designed as a partnership between the City of Montclair and OMSD whereby each agency contributes a portion of the salary and benefits for the LCSW position.

The LCSW position works with other service delivery providers to intervene and assist at– risk children and adults in the Montclair community. Through the case management system and coordination of services with other professionals including Police and Code Enforcement Officers, Child or Adult Protective Services, community–based organizations, and mental health professionals, there is a higher level of effectiveness and less duplication of services.

FISCAL IMPACT: Should the City Council approve Agreement No. 22–78, the City’s contractual obligation for the LCSW position will be $4,178 per month. The funding for proposed Agreement No. 22–78 was allocated and approved within the Fiscal Year 2022–23 Budget for the Human Services Department. The term of proposed Agreement No. 22–78 is July 1, 2022, through June 30, 2023.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–78 with OMSD to provide a LCSW for the Montclair Community Collaborative’s Case Management Program, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 164 of 259 Agreement No. 22–78

CITY OF MONTCLAIR
5111 BENITO STREET
MONTCLAIR, CALIFORNIA 91763
(909) 626-8571

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into this 18
th day of July 2022 by and
between the City of Montclair, hereinafter referred to as the “CITY,” and the Ontario-Montclair School District, 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 by the CITY. (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.
(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 CITY and CONSULTANT’s agent or employees. CONSULTANT assumes exclusively the 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 CITY’s employees and shall not be considered in any manner to be CITY’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.

2. Compensation.
(a) Except as otherwise provided in the Agreement, CITY agrees to compensate CONSULTANT for services rendered under the Agreement in the total amount of $4,178 per month. (b) CITY will pay no additional amount for travel or other expenses of CONSULTANT under this Agreement.
(c) CONSULTANT will invoice CITY for each month of service through the contract term.
(d) CITY will not withhold any federal or state income tax for payment made pursuant to this Agreement, but 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.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 165 of 259

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. CITY and CONSULTANT may mutually agree in writing to extend the term of this Agreement provided, however, CITY shall not be obligated to pay CONSULTANT any additional consideration unless CONSULTANT undertakes additional services, in which instance the consideration shall be increased as CITY 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 attached “Description of Services” 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) 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. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement.
(c) CONSULTANT shall defend, indemnify and hold CITY 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 for 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 CONSULTANT, its officers, employees, agents or staff.
(d) Neither this Agreement nor any duties or obligations under this Agreement may by assigned by CONSULTANT without the prior written consent of CITY.

5. Obligations of City.
(a) CITY 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.
(b) CITY shall defend, indemnify and hold CONSULTANT and its Board Members, officers, employees, agents and staff harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), claims for 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 CITY, its officers, employees, agents 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.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 166 of 259 (b) Should CONSULTANT default in the performance of this Agreement or breach any of its provisions, CITY may terminate this Agreement by giving written 30-day notification to CONSULTANT.
(c) If at any time during the performance of this Agreement CITY determines, at its sole discretion, to suspend indefinitely or abandon the work under this Agreement, CITY 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 CITY 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 CITY to CONSULTANT, if any, shall be refundable to CITY in full termination of this Agreement unless specified to the contrary below.

7. General Provisions.
(a) Any notices to be given hereunder by either party to the other may be effected 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 CITY and CONSULTANT. The foregoing addresses may be changed by written notice to the other party as provided herein. (b) CITY and CONSULTANT mutually agree that for copyright purposes, any written material or any copyrightable work of any nature created by CONSULTANT pursuant to this Agreement shall be owned by CONSULTANT and shall not be considered a “work made for hire” as such term is defined in Title 17 of the United States Code, Section 101, and that CITY shall own all of the rights comprised in the copyright of said written material or copyrightable work. (c) 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 matter 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 promises 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 CITY may unilaterally amend the Agreement to accomplish the changes listed below:

1. Increase dollar amount;

2. Administrative changes; and

3. Changes as required by law.
(d) 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.
(e) This Agreement shall be governed by and construed in accordance with the laws of the State of California.
(f) Pursuant to and in accordance with the provisions of Government Code Section 8546.7, or any amendment thereto, all books, records and files of CITY, 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 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 167 of 259 administration thereof, shall be subject to the examination and audit of the State Auditor or the State of California, at the request of CITY or as part of any audit of CITY, 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. (g) Each person executing this Agreement 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 the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
“CITY” “CONSULTANT”
By: By:

Signature Signature
Javier John Dutrey Phil Hillman
Printed Name Printed Name
Mayor Chief Business Officer
Title Title
ATTEST: 950 West “D” Street
Address
Ontario CA 91762
Andrea Myrick City State Zip
City Clerk
(909) 445-2500
Telephone Number
Date: Date:

Date of City Council’s Approval:

END OF AGREEMENT FOR CONSULTANT SERVICES
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 168 of 259 Description of Services
Services to be initiated through the attached agreement will be performed through the case management portion of the Montclair Community Collaborative, a partnership between the City of Montclair, Ontario-Montclair School District, and other community partners. The following description of services specify the scope of work for a contracted “Case Manager” which include:
1) Serve as coordinator of the case management system by working with City staff from all departments. Primary City interactions will occur through the Human Services Department. 2) Follow all protocol, mandates, and confidentiality laws while providing case management services and receiving referrals through designated City of Montclair staff. 3) Work with school district, County, and other service providers to implement case management services.
4) Process assessment and intakes for referred individuals and gather necessary information from referring City staff, school, family members, and other service providers as needed.

Maintain appropriate records.
5) Provide triage for counseling services as needed.
6) Oversee the extension of services through the supervision of LCSW, MFCC, and/or MSW interns. Interns will provide allied case management services. 7) Provision of services will occur through the City of Montclair Human Services Department as needed.
8) Monthly service delivery meetings will occur between the Case Manager and the City’s Human Services Director.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 169 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 11
FILE I.D.: STA110–L
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–79 WITH SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, AMENDMENT NO. 4 TO AGREEMENT NO. 15–64 (SBCTA COOPERATIVE AGREEMENT NO. 15–1001297) FOR THE MONTE VISTA

AVENUE/UNION PACIFIC RAILROAD GRADE SEPARATION PROJECT, SUBJECT TO ANY

REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: On August 4, 2015, the City Council approved Agreement No. 15–64 with San Bernardino County Transportation Authority (SBCTA) for the Monte Vista Avenue/Union Pacific Railroad Grade Separation Project (Project). SBCTA wishes to amend the agreement to extend the expiration date to close out the Project.

Contract amendments require City Council Approval.

A copy of proposed Agreement No. 22–79 with SBCTA is attached for the City Council’s review and consideration.

BACKGROUND: The City had previously entered into a Cooperative Agreement with SBCTA (Agreement No. 15–64) dated August 4, 2015, which delineates the roles, responsibilities, and funding commitments of the City and SBCTA relative to the construction activities for the Project.

The City amended Agreement No. 15–64 with Agreement No. 16–41 on July 6, 2016 to revise the development share percentage used in the original agreement. The amendment also revised the public share to 91.5 percent and development share to

8.5 percent, consistent with the Nexus Study.

The agreement was further amended a second time on December 5, 2019 by Agreement No. 19–91 to reflect the latest cost estimates.

On August 25, 2020, a third amendment was approved extending the contract to August 31, 2022, to resolve pending invoices, claims, and final reporting.

SBCTA is now requesting to extend the contract for an additional two years with a fourth amendment to allow for final claims resolution and pending closeout activities for the Project. The additional time is needed to resolve a pending claim with Pulice Construction, Inc. and close out the Project.

FISCAL IMPACT: The time extension provided for in Agreement No. 22–79 would not impact costs for the project or place any additional burdens on the City’s General Fund.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–79 with SBCTA, Amendment No. 4 to Agreement No. 15–64 (SBCTA Cooperative Agreement No. 15–1001297) for the Monte Vista Avenue/Union Pacific Railroad Grade Separation Project, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 170 of 259 AGREEMENT NO. 22-79
15-1001297-04 Page 1 of 3
AMENDMENT NO. 4 TO
COOPERATIVE AGREEMENT NO. 15-1001297 (15-1001297-04)

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF MONTCLAIR
FOR

CONSTRUCTION PHASE FOR THE GRADE SEPARATION AT

MONTE VISTA AVENUE/UPRR IN THE CITY OF MONTCLAIR
I. PARTIES AND TERM
A. THIS AMENDMENT NO. 4 to COOPERATIVE AGREEMENT No. 15-1001297 dated September 2, 2015 (“Amendment No. 4”) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as “AUTHORITY”) and the City of MONTCLAIR (CITY), (AUTHORITY and CITY may be referred to herein as a “Party” and collectively “Parties”).

II. RECITALS
A. WHEREAS, CITY and AUTHORITY have previously entered into COOPERATIVE AGREEMENT No. 15-1001297 (“Agreement”). which delineates roles, responsibilities, and funding commitments relative to the Construction activities of the PROJECT as defined in the Agreement.

B. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 1, dated July 6, 2016, to revise the development share percentage used in the original agreement. The amendment revised the public share to 91.5% and the development share to 8.5%, consistent with the Nexus Study.

C. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 2, dated December 5, 2019, to update Project Management and Construction cost and revise Attachment A.

D. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 3, dated August 25, 2020, to extend the expiration date August 31, 2022.

E. WHEREAS, the CITY and AUTHORITY now wish to further amend the Agreement, to extend the expiration date by two (2) years to allow for final claims resolution and pending closeout activities.

NOW, THEREFORE, the Parties agree to amend the Agreement between the CITY and AUTHORITY as follows:

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 171 of 259 AGREEMENT NO. 22-79
15-1001297-04 Page 2 of 3

1. The entirety of Paragraph B of Section I, entitled “PARTIES AND TERM” is amended to read as follows:
“B. This Agreement shall terminate upon completion of AUTHORITY's project management of the construction, or August 31, 2024, whichever is earlier in time, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement until such time as the claims are settled, dismissed, or paid.”

2. Except as amended by this Amendment No. 4, all other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect.

3. The recitals are incorporated into the body of this Amendment No. 4.

4. This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original.

5. The Effective Date of this Amendment is the date AUTHORITY executes this Amendment No. 4.

SIGNATURES ON FOLLOWING PAGE:

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 172 of 259 AGREEMENT NO. 22-79
15-1001297-04 Page 3 of 3

SIGNATURE PAGE TO
AMENDMENT NO. 4 TO
COOPERATIVE AGREEMENT NO. 15-1001297

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF MONTCLAIR

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF MONTCLAIR
By:___________________________ By:__________________________ Raymond W. Wolfe Javier John Dutrey
Executive Director Mayor
Date:__________________________ Date:__________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:

By:_______________________________ By:____________________________ Julianna K. Tillquist Diane E. Robbins
General Counsel City Attorney
ATTEST:

By:_____________________________
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 173 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 12
FILE I.D.: FLP280
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–80 WITH REVENUE & COST SPECIALISTS, LLC TO CONDUCT A COMPREHENSIVE COST–OF–SERVICE STUDY

RELATED TO FEES CHARGED BY THE CITY OF MONTCLAIR, SUBJECT TO ANY

REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City’s Master User Fee Schedule last underwent a major update in 2013 after a comprehensive cost–of–service study performed by Wolhford Consulting. Some fees have been updated since then; however, the City may no longer be recovering the full costs of providing services listed in the schedule. As such, staff is recommending entering into a professional services agreement with a firm that specializes in cost–of–service and cost allocation studies in order to conduct a comprehensive review of current user fees charged by the City.

Agreement No. 22–80 would authorize staff to retain the services of Revenue & Cost Specialists, LLC (RCS) to conduct a comprehensive cost–of–service study and provide recommendations related to user fees charged by the City.

A copy of proposed Agreement No. 22–80 with RCS is attached for the City Council’s review and consideration.

BACKGROUND: In 2003, the City Council directed staff to develop a uniform policy for establishing and recovering user fees and further directed that, to the extent possible, such fees be consolidated into a single resolution subject to annual review.

In 2006, the City Council adopted Resolution No. 06–2670 amending and adopting the Master User Fee Schedule as well as a User Fee Cost Recovery Policy. In 2007, pursuant to Resolution No. 06–2670, the City entered into an agreement with Wohlford Consulting to conduct a cost–of–service study. In 2013, the City Council adopted Resolution No. 13– 2994 amending and adopting the Master User Fee Schedule based on the cost–of–service study conducted by Wohlford Consulting. Further amendments to the Master User Fee Schedule were adopted in 2014 (Resolution 14–3022), 2016 (Resolution Nos. 16–3107 and 16–3112), 2017 (Resolution No. 17–3160), and 2018 (Resolution No. 18–3201).

User Fee Cost Recovery Policy
The User Fee Cost Recovery Policy adopted by the City Council establishes procedures to produce uniformity in developing City user fees and for consolidation of all City user fees into one Master User Fee Schedule for update and presentation to the City Council for approval on an annual basis.

It is the policy of the City to establish that fees be maintained to ensure associated costs for the delivery of specified services are appropriately charged to consumers to limit the cost burden on the City’s General Fund. Further, cost–recovery levels for any user fee established by resolution of the City Council shall not exceed 100 percent of the actual cost for the service in question.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 174 of 259 User fees represent a significant and growing portion of local government revenues as traditional revenue sources have decreased. As competition for tax resource allocation increases and interest in privatization of public services grows, fees and charges will continue to assume a larger role in the diversification of municipal revenue sources.

User fees are considered "special benefits" which are defined as payments made by consumers in direct exchange for government services rendered. User fees are payments for publicly provided services that benefit a specific individual or group of individuals and exhibit "public good" characteristics. Further, user fees are fees that are charged for appropriate services that are of special benefit.

Wohlford Consulting: 2007 Cost–of–Service Study
In 2007, the City Council engaged Wohlford Consulting to conduct a long–term objective analysis of incurred costs in support of various user fee–related activities. Wohlford Consulting had extensive experience in conducting detailed cost–of–service studies of user fee activities.

The consultant’s focus was to determine the full cost of providing specific services to the public, identify current fee levels, and determine the cost–impact of subsidies provided by the City for various services. Wohlford Consulting was also tasked with providing recommendations for appropriate fee ranges and development of a revised Master User Fee Schedule.

Wohlford Consulting used a unit cost buildup methodology to identify the full cost for individual fee activities in its Cost of User Fee Study.

Updated Cost–of–Service Study – Request for Quotes
City staff provided a Request for Quotes (RFQ) to several firms that specialize in cost– of–service and cost allocation studies. The City received quotes from the following firms:

MGT of America Consulting, LLC (MGT), Matrix Consulting Group, and RCS.

The firms contacted provide a wide array of services and emphasize slightly different modes of user fee analysis, costing principles, indirect cost rate development, and statistical analysis. As such, a direct comparison of the scope of services provided is slightly nuanced; however, all three firms provide legally defensible cost–of–service studies.

Cost–of–Service Study Costs
The following are the estimated quotes from each of the above–mentioned firms to conduct a comprehensive cost–of–service study related to fees charged by the City and to provide recommendations to the City Council related to user–fees charged by the City.

Name of Firm Quote
MGT of America Consulting, LLC $ 55,680
Matrix Consulting Group $ 50,000
Revenue & Cost Specialists, LLC $ 42,900
Following are summaries and proposed services of the above–mentioned firms.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 175 of 259 MGT of America Consulting, LLC (MGT)
MGT began operations in 1974 as a public sector research firm and has expanded its consulting capabilities and client offerings over the years. MGT is a national consulting firm specializing in assisting public sector clients to operate more efficiently and effectively. MGT is organized as a privately held, employee‐owned and financially stable limited liability company with a deep roster of experienced cost allocation experts, support resources, and a commitment to serve the public.

The scope of services proposed to be provided by MGT is summarized as follows:

1. Establish study goals, objectives, and protocols.

2. Discuss project fee design with City staff and understand City–specific financial data.

3. Conduct a user fee analysis based on fee and cost applications and data collected from City staff.

4. Identify peers and common permit types to conduct peer analysis.

5. Provide recommendations for fees, develop a proposed master user fee schedule, and provide presentation.

Matrix Consulting Group
Matrix Consulting Group is a management consulting firm dedicated to providing quality analytical assistance to local and state governments. Matrix Consulting Group was formed in 2002 by experienced consultants to pursue an operating model in which analytical work is performed by senior–level staff. Since its founding, Matrix has worked with over 1,400 government agencies, conducting cost–of–service and management studies providing recommendations relating to operations, improvements, and cost recovery
The scope of services proposed to be provided by MGT is summarized as follows:

1. Understand the City’s specific financial data.

2. Work collaboratively with staff through meetings and workshops.

3. Apply industry standards, best management practices, and technical expertise for fee and cost allocation applications.

4. Calculate defensible results with buy–in from internal and external stakeholders and conduct a peer analysis.

5. Provide recommendations and work products to staff for successful project implementation.

Revenue & Cost Specialists, LLC (RCS)
RCS was founded in 1980 by two former City Managers and a Finance Director who, after the passage of Propositions 13 and 4, discovered that user fees were a legal option to recover lost municipal revenues. RCS’ four principals make up the Limited Liability Company, which has been financially stable since the company started. Combined, RCS principals have over 100 years of experience in cost allocation plans and fee studies and served over 250 municipalities. RCS has provided these services to a wide array of public agencies, from the smallest special district to larger and more complex cities and counties.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 176 of 259 The salient scope of services proposed to be provided by RCS is summarized as follows:

1. Obtain budget and personnel data to develop a cost allocation plan.

2. Identify central services and allocate staff time related to fees, develop allocation factors, conduct an initial calculation review of fees, and prepare a final cost allocation plan.

3. Review central service list of fees with staff, develop staff time allocations, develop fully allocated hourly rates, and calculate fee cost recovery, conduct peer analysis.

4. Prepare draft report, prepare a final report, and present final report.

As indicated in the above summaries, each firm provides a wide array of services and emphasis slightly different modes of user fee analysis, costing principles, indirect cost rate development, and statistical analysis; however, all three firms provide legally defensible cost–of–service studies.

Staff Recommendation of RCS to Perform Cost–of–Service Study After careful evaluation and consideration of each proposal, City staff is recommending utilizing the services of RCS as the most professional, responsive option. RCS’s qualifications, scope of services provided, estimated price point, and history set the firm apart from the other respondents.

In addition, RCS has worked with a number of cities and local agencies on a variety of cost–of–service studies, user fee studies, cost allocation plans, development impact fee studies, and municipal financing management. Some of RCS’ local clients include the cities of Chino, Claremont, Fontana, Ontario, Pomona, Rialto, and Upland.

Staff is recommending a contingency of $10,000 for any additional that may arise out of the scope of services to be provided.

FISCAL IMPACT: Proposed Agreement No. 22–80 would authorize staff to retain the services of RCS to conduct a comprehensive cost–of–service study related to fees charged by the City and to provide recommendations to the City Council for changes to the Master User Fee Schedule. The cost of services related to proposed Agreement No. 22–80 is estimated not to exceed $52,900, inclusive of a $10,000 contingency, payable from the Economic Development Fund.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 80 with Revenue & Cost Specialists, LLC to conduct a comprehensive cost–of–service study related to fees charged by the City of Montclair, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 177 of 259 Agreement No. 22-80