Agenda packet — Montclair City Council, August 15, 2022 (part 2 of 3)

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 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 shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq.

Consultant covenants that neither he/she nor any officer 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. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of 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: Monica Heredia
City Engineer
City of Montclair
5111 Benito Street
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 131 of 292 AGREEMENT NO. 22-85

Page 12 of 20 ends

To Consultant: Chalap Sadam
President
AGA Engineers, Inc.
211 East Imperial Highway, Suite 208
Fullerton, CA 92835

17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.

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. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Consultant’s proposal.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 132 of 292 AGREEMENT NO. 22-85

Page 13 of 20 ends

22. 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.

Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

23. 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.

24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

26. 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.

27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 133 of 292 AGREEMENT NO. 22-85

Page 14 of 20 ends

28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.

29. 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.

30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MONTCLAIR AGA ENGINEERS, INC.

By: By:

Javier John Dutrey, Mayor Name: Chalap K. Sadam
Title: President & Secretary
Attest:

By: By:___________________________
Andrea M. Myrick, City Clerk Name: Greg Wong
Title: Vice President
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 134 of 292 July 29, 2022
Ms. Monica Heredia, P.E.

Public Works Director/City Engineer
City of Montclair
511 Benito Street
Montclair, California 91763
RE: Proposal to Provide Professional Engineering Design Services for Traffic Signal Improvements on Holt Boulevard
Dear Ms. Heredia:

AGA Engineers, Inc. (AGA) is pleased to present to the City of Montclair the following proposal under our On-Call Traffic Engineering Services agreement with the City. Our proposal is to provide professional engineering design services to perform traffic signal improvements along the Holt Boulevard corridor between Amherst Avenue and Benson Avenue. It is important to note that AGA previously worked on the design of a traffic signal modification plan at the intersection of Holt Boulevard and Amherst Avenue which included new communications conduit on Holt Boulevard between Amherst Avenue and Ramona Avenue. Additionally, AGA prepared Montclair’s Citywide Traffic Signal Communications Master Plan identifying proposed routing of new fiber optic infrastructure and has provided on-call services to the City of Montclair for over two decades. AGA’s extensive knowledge of the City’s traffic signal system will allow AGA to “hit the ground running” on this important project.

AGA staff has also developed excellent relationships with both Engineering and Information Technology staff at the City plus we have an in-depth understanding of the City’s communications system and the QuicNet traffic signal system. The AGA Team will leverage the experience gained via previous projects in the City and our personal relationships to complete Phases II and III of the Citywide Fiber Optic Communications project in a timely and efficient manner.

Based on this wealth of experience, and having worked in the City of Montclair for over two decades and completing similar projects, the AGA Team has developed a unique project approach to streamline design and field implementation in the most efficient and cost-effective manner possible. Our goal is to provide the City with a smooth and seamless project experience from the initial project kick-off meeting through implementation and into the operations phase. Furthermore, any one of our key project team members can be on-site and accessible to City staff with a quick phone call.

EXHIBIT "A" Page 15 of 20 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 135 of 292 Integration of these systems requires extensive knowledge and expertise of the systems. AGA staff has in-depth knowledge and experience in integrating and maintaining/supporting the City of Montclair’s traffic signal system.

AGA staff experience in integrating the central system hardware (computer servers, workstations, Ethernet switches, modems, port servers, and fiber optic equipment components) with field elements including interfacing with traffic signal system vendors, communication systems specialists and City’s Information Technology staff will be key to project success. Additionally, due to our on-going signal system monitoring projects in the City and with various agencies, AGA is fully knowledgeable of each of the systems’ complexities and key interrelationships of hardware, software, and people.

SCOPE OF WORK
Task 1: Project Management
Team meetings will be held as required. As Project Managers, Mr. Ignacio Sanchez and Mr. Ruben Perales will arrange/chair all formal meetings that are included as part of the project scope of work.

They will be responsible for adherence to the project schedule for maintaining quality control of all project work products. In short, they will do everything necessary to ensure that the project is completed on time, within budget, and in a manner that fulfills all the goals and objectives of the City of Montclair. Additionally, they will fully leverage AGA’s Project Administrative team experience in managing the Project, including project budget control and invoicing, tracking of project schedule, regular project updates and progress reports, agency comment dispositions and document control and filing.

It is anticipated that all design efforts, including City review of preliminary plans, specifications and cost estimates, and providing final plans, specifications and cost estimates, can be completed within ten months of receipt of notice to proceed. Upon receipt of the actual Notice to Proceed, and prior to the project Kick-Off Meeting, AGA will prepare a detailed project schedule that includes actual start dates, activity durations, product submittal dates, etc., including City review times. Agendas and minutes will be prepared for all meetings and provided to all meeting attendees. In addition to the Kick-Off Meeting, subsequent meetings will be held as necessary. It is anticipated that meetings would be held monthly or bimonthly during the design phases of the project.

EXHIBIT "A" Page 16 of 20 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 136 of 292 Task 2: Intersection Level-of-Service Analysis and Traffic Signal Timing Intersection Level-of-Service
AGA will perform Level of Service (LOS) analysis utilizing the Highway Capacity Manual (HCM) methodology at six (6) signalized intersections along the project corridor to identify feasible modifications that may be included to improve traffic operations along the project corridor. Feasible improvements of the traffic signal operations include lane configuration modifications, adjustment to left turn lane queue storage lengths, adding protected/permissive left turn phasing (at minor streets) or converting to fully protected left turn phasing, removal of crosswalk, split phase signal operation including pedestrian shared phase, addition of right-turn overlap phasing and re-servicing of certain phases. Turning movement counts will be conducted at each project intersection along with Average Daily Traffic (ADT) counts for use in conducting the LOS analysis.

AGA will field review the existing queue lengths and evaluate if any through traffic blocks access to the left/right turn lane. AGA will then assess if a turn bay/pocket will need to be lengthened or if it can be shortened.

AGA will also recommend (if needed) any safety measures that can be quickly implemented. Such measures include: Leading Pedestrian Interval (LPI) at school intersections and/or at heavy pedestrian crossings, additional vehicle head indications, yellow-reflective vehicle head backplates, continental crosswalks and countdown pedestrian indications.

Traffic Signal Timing
Subtask: Coordination Signal Timing
Under this task, AGA will prepare coordination signal timing plans for weekday AM/Midday/PM and weekend Midday time periods for the corridor. The coordination signal timing will be developed, implemented, and fine-tuned to facilitate the movement of traffic on the Holt Boulevard corridor. AGA will assess the traffic conditions and if new cycle lengths are required, AGA will develop new signal timing coordination plans for the entire length of Holt Boulevard in the City of Montclair. New traffic signal coordination timing sheets will be provided to the City for review and approval prior to implementation.

Subtask: Convert Existing Timing Charts
AGA will convert existing McCain 200/233 signal timing charts to timing charts specific to the new controller unitsto be installed at the project intersections. This task will involve the translation of signal timing parameters including, but not limited to, phase sequencing, time-of-day plans, detector settings, special functions, and other such operational details from the existing McCain 200/233 format timing charts to the new controller format. This task will also involve the conversion of the force-offs EXHIBIT "A" Page 17 of 20 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 137 of 292 used in the McCain 200/233 control environment to phase splits for use in the new controller. AGA engineers will perform this conversion process on each of the timing charts for all project intersections.

The City has considered upgrading the McCain QuicNet central system to McCain Transparity. If the City chooses to upgrade to the McCain Transparity system, then the Omni-eX traffic signal controller will need to be incorporated in this project.

Task 3: Traffic Signal Modification Plans and Fiber Optic Communication Plans Traffic Signal Modification Plans
Traffic Signal Modification Plans will be prepared for each signalized intersection along the Holt Boulevard corridor listed below. As previously mentioned, the intersection of Holt Boulevard at Amherst Avenue was recently modified and is not expected to receive additional modifications. The extent of the traffic signal modification plan will be based on the street improvement plans prepared by City of Montclair’s civil engineering consultant and recommendations based on the LOS analysis performed under Task 2. Each traffic signal modification plan will be prepared per the latest City of Montclair, Caltrans, and CA MUTCD standards and specifications. o Holt Boulevard at Ramona Avenue
o Holt Boulevard at Monte Vista Avenue
o Holt Boulevard at Central Avenue
o Holt Boulevard at Vernon Avenue
o Holt Boulevard at Benson Avenue
At a minimum, traffic signalized intersection modifications will require the upgrade of existing pedestrian heads to countdown pedestrian heads, and all pedestrian push buttons to meet current ADA standards. New loops, and/or new video detection systems will be reviewed and considered for possible installation. New signal poles may be needed or existing poles may need to be relocated to provide appropriate ADA clearance, or for pedestrian push buttons to be within acceptable distances to crosswalks. Pull box locations will also be reviewed for locations within the curb ramp areas. They will be relocated if possible or AGA will collaborate with the City’s civil engineering consultant to develop a suitable arrangement for incorporation of the curb ramp requirements (including truncated domes) around the pull boxes. In addition, these traffic signal modification plans will include the removal of all red-light camera poles that are no longer being used. Underground utility information will be obtained from the street improvements plans.

Fiber Optic Communication Plans
AGA will prepare a 40 scale Fiber Optic Communications Plan for Holt Boulevard from Amherst Avenue to Benson Avenue. AGA will conduct a field review to identify proposed routing of new 4” fiber optic communication conduit as well as proposed locations of communication pull boxes, splice vaults, EXHIBIT "A" Page 18 of 20 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 138 of 292 communication hubs, etc. As mentioned earlier, AGA will make use of the interconnect conduit along Holt Boulevard between Amherst Avenue and Ramona Avenue which was previously installed. The final Fiber Optic Communication Plans will show all conduit, pull boxes, cable, Ethernet switches and other pertinent details to connect the new fiber optic cable to the existing/modified traffic signal controller assemblies for a complete and operational traffic signal system. All fiber optic components will be designed per the latest City of Montclair, Caltrans, and CA MUTCD standards. As part of the Fiber Optic Communication Plans, a detailed Fiber Assignments Details sheet will be included to document all fiber connections and splices along the Holt Boulevard corridor. Based on the final approved plan, AGA will develop project special provisions and an itemized construction cost estimate for all required improvements.

Task 4: Construction Engineering Support
As part of this task, AGA will provide construction engineering support during construction of the proposed improvements to include the following:
o Review and provide responses to prospective bidder’s questions related to traffic signal modification plan during bid process.
o After award of construction, attend pre-construction meeting to address any traffic signal improvement related items.
o Assist in reviewing and providing recommendations on traffic signal equipment and fiber optic communication equipment submittals from Contractor.
o Review and provide recommendations on any Request for Information (RFIs) or Contract Change Orders (CCOs) from Contractor during construction of the traffic signal improvements. o Prepare final as-built plans based on Contractor’s redlines from the field.

Task 5: System Integration
AGA will provide overall system integration which includes coordination with the construction contractor responsible for installing new signal controllers and cabinets, communication hardware (cables, switches, Ethernet radios, etc.), CCTV cameras, etc. AGA will work hand in hand with the contractor in configuring all IP devices installed as part of the project. Connectivity from the Traffic Management Center to all IP devices in the field will be verified and documented. AGA will also be present at the time of controller change-outs and/or cabinet assembly installations to verify all controller programming and intersection operations. Any changes made to network parameters (VLAN'S, IP addressing), if any, will be documented in the as-built plans.

EXHIBIT "A" Page 19 of 20 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 139 of 292 EXHIBIT "A" Page 20 of 20 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 140 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 23, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: HSV070/ATH215/ATH218/
ATH020
DEPT.: HUMAN SVCS.

PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 22–86, 22–87, AND 22–88 WITH

MONTCLAIR LITTLE LEAGUE AND GOLDEN GIRLS SOFTBALL LEAGUE FOR USE OF

BALL FIELD FACILITIES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: Montclair Little League and Golden Girls Softball League (the Leagues) have requested the use of City facilities for their winter sports activities. The Leagues will follow at all times the most current and updated safety measures outlined for Moderate–Contact Sports due to COVID–19, as outlined by the California Department of Public Health in proposed Agreement Nos. 22–86, 22–87, and 22–88 with Montclair Little League and Golden Girls Softball League.

Copies of Agreement Nos. 22–86, 22–87, and 22–88 are attached for City Council review and consideration.

BACKGROUND: Pursuant to Agreement Nos. 22–86 and 22–87, Montclair Little League is requesting the use of the two southern and two northern fields at Saratoga Park and the southern field at Kingsley Park on weekdays and Saturdays for its baseball activities.

Pursuant to Agreement No. 22–88, Golden Girls Softball League would use the two fields at Vernon Park for its softball activities on weekdays and Saturdays. Sunday field use by all leagues is not permitted.

The Leagues have each requested the use of lights for activities that may be conducted after dark. The cost of electrical services associated with such lighting and alarm fees will be covered by the City. In addition the City of Montclair will have Public Works custodians clean the restrooms. The Leagues are responsible to provide a deposit of $300 for a cleaning fee if needed during the contract period.

FISCAL IMPACT: Approval of the proposed Agreements would result in a cost to the City of approximately $13,000 total in lighting and alarm fees and $6,200 in restroom cleaning fees through Public Works Department, for a total of $19,200. Maintenance costs for the fields are incorporated in the Fiscal Year 2022–23 Budget. The terms of proposed Agreement Nos. 22–86, 22–87, and 22–88 with Montclair Little League and Golden Girls Softball League are from September 1, 2022, through December 31, 2022.

RECOMMENDATION: Staff recommends the City Council approve Agreement Nos. 22–86, 22–87, and 22–88 with Montclair Little League and Golden Girls Softball League for use of ball field facilities, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 141 of 292 1 of 7
AGREEMENT NO. 22–86

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF SARATOGA PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

LEAGUE must follow at all times the most current and updated safety measures outlined below for Moderate–Contact Sports due to COVID–19 as outlined by the State of California–Health and Human Services Agency, California Department of Public Health.

The following guidance is mandatory:
o Informed Consent (City waiver and League waiver)
o Safety Plan
The following general guidance are strongly encouraged:
o Face Coverings
o Physical Distancing
o Hygiene and Sanitation
o Limitations on mixing by participants
o Travel Considerations
WITNESSETH:

WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Little League baseball (including the Challenger Division for children with disabilities) conditioning at such times and hours set forth in Section 1(aa). The term of this Agreement is for September 1, 2022 through December 31, 2022.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 142 of 292 AGREEMENT NO. 22–86
2 of 7
b. Not to use the premises for any other purpose, except as above indicated. c. Not to sublet the field.
d. Not to make any improvements or alterations on said premises. e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.
h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. To provide a special parking area for participants in the Challenger Division, at the times of their games, by cordoning off the southeast portion of the parking lot; to provide the equipment and personnel needed to set up the special parking area; to see that all equipment is removed and properly stored after each use; to provide personnel to monitor the cordoned off area during its use.
l. CITY to maintain restroom facilities and CITY to furnish all supplies for each well– maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
m. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
n. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 143 of 292 AGREEMENT NO. 22–86
3 of 7
barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. o. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
p. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. q. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
r. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandal–ism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. s. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
t. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
u. To provide the CITY representative with a list of the Board of Directors, including names, addresses, and telephone numbers.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 144 of 292 AGREEMENT NO. 22–86
4 of 7
v. To provide CITY with participant rosters, practice and game schedules. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms upon request.
w. To provide CITY with financial statements upon request for audit purposes. x. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
y. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency, of which LEAGUE had knowledge. aa. It is agreed that LEAGUE may use said baseball fields from September 1, 2022, through December 31, 2022, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays, generally commencing at 8:00 a.m.

No games or activities will be conducted past 9:45 p.m. bb. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and LEAGUE, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property provid– ing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence, and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non contributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice, in writing, by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them or certificate(s) evidencing the insurance.
cc. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
dd. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 145 of 292 AGREEMENT NO. 22–86
5 of 7
person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. ee. To conduct all operations in compliance with the Americans with Disabilities Act.
ff. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. In the event a room reservation is not able to be made due to unforeseen circumstances the League will be responsible to find other accommodations. gg. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3 feet by 5 feet.

Banners will be attached to outfield chain link fence using clip on rings.

Banner clearance from turf is a minimum of 2 inches. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc., and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures. hh. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. ii. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 146 of 292 AGREEMENT NO. 22–86
6 of 7
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. g. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. 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 LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2022.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 147 of 292 AGREEMENT NO. 22–86
7 of 7

CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2022
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 148 of 292 1 of 7
AGREEMENT NO. 22–87

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF KINGSLEY PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WHEREAS, CITY presently has a baseball field generally located at the northwest end of Kingsley Elementary School at Benson Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Junior/Senior Little League baseball conditioning at such times and hours set forth in Section 1(y). The term of this Agreement is for September 1, 2022 through December 31, 2022.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 149 of 292 AGREEMENT NO. 22–87
2 of 7
b. Not to use the premises for any other purpose, except as above indicated. c. Not to sublet the field.
d. Not to make any improvements or alterations on said premises. e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.
h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well– maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 150 of 292 AGREEMENT NO. 22–87
3 of 7
n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, and conditioning schedules. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms upon request.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 151 of 292 AGREEMENT NO. 22–87
4 of 7
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 1, 2022, through December 31, 2022, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m. z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify, and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 152 of 292 AGREEMENT NO. 22–87
5 of 7
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. In the event a room reservation is not able to be made due to unforeseen circumstances the League will be responsible to find other accommodations. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.
ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 153 of 292 AGREEMENT NO. 22–87
6 of 7
e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. g. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.

APPROVED AND ADOPTED this day of , 2022.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 154 of 292 AGREEMENT NO. 22–87
7 of 7

CITY OF MONTCLAIR

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

WITH MONTCLAIR GOLDEN GIRLS SOFTBALL LEAGUE

FOR USE OF VERNON PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Golden Girls Softball League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WHEREAS, CITY presently has softball fields (the east and west fields) generally located at the southeast corner of the Vernon Junior High School complex, south of the corner of Benson Avenue and San Bernardino Street, Montclair, California; and WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for girls softball conditioning at such times and hours set forth in Section 1(y). The term of this Agreement is for September 1, 2022 through December 31, 2022.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 156 of 292 AGREEMENT NO. 22–88
2 of 7
b. Not to use the premises for any other purpose, except as above indicated. c. Not to permit practice sessions in the southeast quadrant of the field; to provide specific written notice to each coach and, in turn, obtain written confirmation from each coach.
d. Not to sublet the field.
e. Not to make any improvements or alterations on said premises. f. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
g. Not to erect any barriers or fences of any kind unless approved by CITY. h. Not to use herbicides at the park for any purpose.
i. Not to disconnect or make changes to existing phone line account j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well– maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 157 of 292 AGREEMENT NO. 22–88
3 of 7
n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY–owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snackbar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To be responsible for all costs as a result of lost or stolen keys. q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, and conditioning schedules. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms upon request.
v. To provide CITY with financial statements upon request for audit purposes.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 158 of 292 AGREEMENT NO. 22–88
4 of 7
w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 1, 2022, through December 31, 2022, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m. z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages, to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 159 of 292 AGREEMENT NO. 22–88
5 of 7
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. In the event a room reservation is not able to be made due to unforeseen circumstances the League will be responsible to find other accommodations. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.
ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 160 of 292 AGREEMENT NO. 22–88
6 of 7
d. To provide emergency call–out telephone numbers for use by LEAGUE.

A Contact List containing the emergency telephone numbers is attached.
e. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. f. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities.

APPROVED AND ADOPTED this day of , 2022.

LEAGUE: CITY:

GOLDEN GIRLS SOFTBALL CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 161 of 292 AGREEMENT NO. 22–88
7 of 7

CITY OF MONTCLAIR

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–89 WITH SAN BERNARDINO COUNTY FOR ACCESS TO THE SHERIFF’S AUTOMATED SYSTEMS, SUBJECT TO ANY REVISIONS

DEEMED NECESSARY BY THE CITY ATTORNEY

CONSIDER AUTHORIZING EXECUTIVE DIRECTOR OF PUBLIC SAFETY/POLICE CHIEF ROBERT AVELS TO SIGN AGREEMENT NO. 22–89
REASON FOR CONSIDERATION: To access criminal offender record information and other criminal justice information, the City Council is requested to consider approval of Agreement No. 22–89 with San Bernardino County for access to the San Bernardino County Sheriff’s Department Automated Systems.

A copy of proposed Agreement No. 22–89 is attached for the City Council’s review and consideration.

BACKGROUND: The County of San Bernardino, through the Sheriff’s Department, has served as the California Law Enforcement Telecommunications System (CLETS) administrator for many years. As such, the Sheriff’s Department has facilitated the exchange of criminal offender record information and other criminal justice information between the Montclair Police Department and statewide criminal justice agencies, as well as nationwide and in Canada, via the National Law Enforcement Telecommunications System (NLETS). In addition, the Sheriff’s Department facilitates the interchange of computerized criminal history data between several agencies and databases, including the Federal Bureau of Investigation (FBI); National Crime Information Center (NCIC); California Department of Justice, Racial and Identity Profiling Act (RIPA) System; California Sex and Arson Registry (CSAR); and the Department of Motor Vehicles (DMV).

The City entered into Agreement No. 14–41 for continued access to the Sheriff’s Automated Systems, which expired on June 30, 2017. Due to an oversight, this agreement was not renewed; however, the County has continued to provide the Montclair Police Department with these services, and the City has continued to pay the annual maintenance and support costs for these services. The contract term of proposed Agreement No. 22–89 would be July 1, 2022, to June 30, 2027.

Access to the Sheriff’s Automated Systems is provided via connection to the County’s Wide Area Network (WAN), which is covered under a separate agreement.

FISCAL IMPACT: Annual maintenance and support costs for access to the Sheriff’s Automated Systems for Fiscal Year 2022–23 would be $1,203, which is included in the Information Technology Services Budget in Account No. 1001–4203–52450–400–00000.

Additionally, the City would be billed transaction fees resulting from using the Sheriff’s Department Jail Management System (JIMS), Sheriff’s Central Name Index (CNI), and Sheriff’s Automated Warrants (SAW). The City would also be billed at a rate of six cents per transaction in the Property Evidence Tracking System (PETS), which would be included with the quarterly bills for CLETS. These rates only apply to Fiscal Year 2022– MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 163 of 292 23 and would be adjusted each fiscal year through June 30, 2027.

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

1. Approve Agreement No. 22–89 with San Bernardino County for access to the Sheriff’s Automated Systems, subject to any revisions deemed necessary by the City Attorney.

2. Authorize Executive Director of Public Safety/Police Chief Robert Avels to sign Agreement No. 22–89.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 164 of 292 Standard Contract Page 1 of 9

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Montclair Police Department
Contractor Representative
Telephone Number (909)448-3600
Contract Term 07/01/2022 to 06/30/2027
Original Contract Amount $1,203 for fiscal year 2022-23 Amendment Amount
Total Contract Amount
Cost Center 4430001000
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the County through the Sheriff/Coroner/Public Administrator (hereinafter referred to as “Sheriff”) provides access to the Sheriff’s Automated Systems; AND

WHEREAS, the Contractor desires to enter into an Agreement for access to the Sheriff’s Automated Systems; AND

NOW, THEREFORE, the parties agree as follows:

A. PURPOSE OF AGREEMENT
A.1 This Agreement provides for the Sheriff, acting as the administrator of the California Law Enforcement Telecommunications System (CLETS), to serve as the agent responsible for exchange of criminal offender record information and other criminal justice information between Contractor and the Sheriff and statewide criminal justice agencies. In addition, it provides for the Sheriff to facilitate the interchange of computerized criminal history data between the following agencies and databases:

A.1.1 Federal Bureau of Investigation (FBI)
A.1.2 National Crime Information Center (NCIC)
Contract Number
SHR – 22 - 0026
SAP Number
N/A
Agreement No. 22-89
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 165 of 292 Revised 03/15/2022 Page 2 of 9
A.1.3 National Law Enforcement Telecommunications System (NLETS) A.1.4 California Department of Justice, Racial & Identity Profiling Act (RIPA) System A.1.5 Stop Data Collection System (Staging)
A.1.6 Stop Data Collection System (Production)
A.1.7 California Gang System (CalGang)
A.1.8 California Sex and Arson Registry (CSAR)
A.1.9 Sentencing, Monitoring, Apprehending, Registering & Tracking (SMART) Justice System A.1.10 Department of Motor Vehicles (DMV)
A.1.11 California Law Enforcement Telecommunications System (CLETS), received via the State CLETS network (transaction fees apply and billed by Sheriff) A.1.12 Super Name Search network (transaction fees apply and billed by Sheriff) A.1.13 Crime Web/Mugshot System
A.1.14 Identix-Cal ID
A.1.15 Property Evidence Tracking System (PETS) (transaction fees apply and billed by Sheriff)
A.1.16 Sheriff's Department Jail Information Management System (JIMS) (transaction fees apply and billed by the County’s Innovation and Technology Department - ITD) A.1.17 Sheriff’s Central Name Index (CNI) (transaction fees apply and billed by ITD) A.1.18 Sheriff’s Automated Warrants (SAW) (transaction fees apply and billed by ITD) A.2 It is the intent of the parties to promote more effective regional law enforcement through the cooperative use and maintenance of the County and Sheriff computerized data files.

A.3 Access to the aforementioned databases requires connection to the County’s Wide Area Network (WAN). Contractor will be required to enter into a separate Agreement with the County’s Innovation and Technology Department (ITD), for connection to the County’s WAN and for payment of costs associated with WAN connectivity.

B. CONTRACTOR RESPONSIBILITIES
B.1 The Contractor agrees to limit access to information furnished by Sheriff to its own employees and other criminal justice/law enforcement agencies. The Contractor further agrees to comply with Federal and State laws, rules, procedures, and policies formally adopted in the California Law Enforcement Telecommunications System Subscriber Agreement, and in regard to criminal history, information furnished through the FBI/NCIC/CCH (California Criminal History) and the NLETS Program, to rules, procedures and policies approved by the NCIC advisory policy board adopted for NCIC.

B.2 The Contractor agrees to appoint an Automated Terminal Coordinator (ATC) to disseminate CLETS information and updates, to maintain training requirements and paperwork compliancy for all Contractor’s personnel. The assigned ATC shall understand the CLETS Policies, Practices and Procedures Manual and comply with all of the Department of Justice guidelines. The ATC shall understand and comply with the Agency ATC Responsibilities guidelines, Exhibit A, attached hereto and incorporated herein by reference. This appointed staff member shall be the point of contact to the Sheriff.

B.3 In accordance with the State CLETS Policies, Practices, and Procedures Manual, and as designated by the State of California and the Sheriff, the Contractor shall be responsible for all security and privacy considerations relating to the use of the Contractor’s terminal or terminals.

B.4 The data provided to Sheriff by the Contractor will be relevant to the criminal justice process. The completeness, accuracy, objectivity, and verifiability of information entered into the information system is paramount and the Contractor will cooperate with the regular auditing of the system in accordance with the State CLETS Policies, Practices, and Procedures Manual, to assure reliability of stored data. In addition, the procedures for maintaining and/or purging these records will be adhered to in order to enhance the reliability of all data.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 166 of 292 Revised 03/15/2022 Page 3 of 9
B.5 The Contractor is responsible to provide an audit trail of all CLETS entries made from all Contractor terminals accessing CLETS information through an established CAD-to-CAD connection.

B.6 The Contractor agrees to cause employees; having access via the San Bernardino County IBM computer system to the Sheriff’s CNI, JIMS or any other Sheriff’s Automated Systems, to complete security training before such access will be allowed. Contractor agrees to adhere to all State, County and Federal laws applicable to the confidentiality and the release of information.

B.7 Each of the Contractor’s employees requiring access to CNI must complete and sign a Central Name Index Authorization Statement, Exhibit B, attached hereto and incorporated herein by reference.

C. SHERIFF RESPONSIBILITIES
C.1 Access
Sheriff’s assigned Terminal Coordinator will review all applications for connection to the Telecommunications System, as well as requests to modify, move or increase the number of terminals in an existing agency.

C.2 Services Provided
Sheriff agrees to furnish the Contractor access to such criminal offender record information and other criminal justice information as is made available to the State through the CLETS network and provide access to Sheriff’s Automated Systems.

C.3 Equipment
The Sheriff shall provide, maintain, operate, and manage equipment for an electronic data communications system in the San Bernardino County Sheriff’s Data Center in order to provide the services specified in this Agreement. One or both of the following is required for Contractor to connect with the Sheriff’s Message Switch computer:

C.3.1 A CAD to CAD interface or Terminal Browser Access C.3.2 Connection to the County WAN
(NOTE: This Agreement does not include costs for equipment/services related to a private telecommunications connection. The WAN connection process and associated costs does not include a telecommunications connection at the local site and/or any additional equipment. Contractor shall be responsible for establishing its own telecommunications connection at the local site to the WAN connection.)
C.4 Support
Sheriff shall render assistance to the Contractor in order to provide for timely, efficient, and accurate implementation of CAD/CLETS/RMS network operations.

C.5 The Sheriff shall maintain records for auditing purposes on all CLETS entries in accordance with the Department of Justice mandates. All CAD-to-CAD Contractors will also be responsible for maintaining their CLETS data and providing an audit trail on all Contractor terminals and/or employees accessing CLETS information via the CAD-to-CAD connection.

C.6 The Sheriff reserves the right to suspend access to any information provided for in this Agreement, in accordance with the State CLETS Policies, Practices and Procedures Manual, when any rule, policy, or procedure adopted by Sheriff, or approved by the NCIC or law of this county, state, or federal government applicable to the security and privacy of information is violated or appears to be violated by the Contractor.

D. CENTRAL NAME INDEX (CNI) ACCESS LIMITATIONS
Access to the Sheriff’s CNI database is also limited, as follows:

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 167 of 292 Revised 03/15/2022 Page 4 of 9
D.1 In the interest of maintaining a regional criminal justice database, Contractor is granted inquiry capability to the Sheriff’s CNI database for law enforcement related data. The data accessed in CNI by the Contractor will be relevant to the criminal justice process. The Contractor will cooperate with regular auditing of the system to assure security of stored data.

D.2 Contractor agrees to require all employees who access CNI to complete and sign a Central Name Index Authorization Statement, a copy of which is attached hereto as Exhibit B and incorporated herein by reference.

D.3 The Sheriff/Coroner/Public Administrator, or designee, will act as “Controller” facilitating the entry and retrieval of computerized CNI information.

E. TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on July 1, 2022, or upon the date of approval by the Sheriff, whichever is later, and ending on June 30, 2027. Notwithstanding the foregoing, this Agreement may be terminated at any time with or without cause by Contractor or by Sheriff upon written notice given to the other party at least thirty (30) days prior to the date specified in the notice for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Neither party shall incur any liability to the other by reason of termination.

F. FISCAL PROVISIONS
F.1 FEES
F.1.1 CLETS Teleprocessing Support/Maintenance Costs will be billed by Sheriff.

F.1.2 CLETS Terminal Browser Access will be billed by Sheriff.

F.1.3 Transaction Fees for Systems listed in No. A.1.11; A 1.12; and A.1.15 indicated in Section A.1 above, will be billed by Sheriff. Access to PETS requires special arrangements that are unique to each agency. Agencies desiring access to PETS shall contact Sheriff’s Technical Services at [email protected] to determine if the agency is eligible for access.

F.1.4 Systems listed in No. A.1.16 through A.1.18 will be billed by ITD.

F.1.4 Connection to the County WAN will be billed by ITD and a one-time fee applies.

F.1.5 County WAN Access is provided under a separate agreement with ITD and will be billed by ITD.

F.2 Contractor shall pay Sheriff the sum of money per Schedule A attached hereto and incorporated herein by reference. Sheriff shall invoice Contractor for the cost of services quarterly in arrears.

Payment shall be due within forty-five (45) days from the date of each invoice. Basic installation of service will be provided by the Sheriff. Installation fees, cost of additional services, equipment, related supplies and changes or modifications will be paid for by the Contractor. The total cost to provide, repair or replace machines, printers, and other equipment shall be the responsibility of the Contractor. Time, maintenance and diagnostic costs will be paid by the Contractor. Costs will be adjusted in the event of any level of service changes.

F.3 Schedule A reflects the rates in effect at the Execution of this Agreement. Sheriff shall have the right to adjust the Agreement rates annually and any subsequent rate change(s) shall become effective on July 1 of the County fiscal year (July 1 through June 30). Such rate change(s) can include changes to Memoranda of Understanding approved by the County Board of Supervisors for County employees, which increase labor costs, and other inflationary costs. Sheriff shall provide notice to Contractor of pending rate change(s) by providing Contractor with a revised Schedule A reflecting such rate change(s).

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 168 of 292 Revised 03/15/2022 Page 5 of 9
G. INDEMNIFICATION AND INSURANCE
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (“Indemnitees”), from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

Additionally, the Contractor agrees to provide Cyber Liability Insurance, if applicable, through its program of self-insurance or other carriers, with adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement; with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.

Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

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

San Bernardino County Sheriff’s Department
Bureau of Administration, Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
Fax: (909) 387-3444
City of Montclair
Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763-1211
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

I. AUTHORITY
The Sheriff/Coroner/Public Administrator of San Bernardino County, or designee, shall have the right to exercise the County’s authority under this Agreement including the right to give notice of termination on behalf of the County at his sole discretion.

J. AGREEMENT AUTHORIZATION
The Contractor warrants and represents that the individual signing this Agreement is a properly authorized representative of the Contractor and has the full power and authority to enter into this Agreement on the Contractor’s behalf.

K. ENTIRE AGREEMENT
This Agreement, including all Exhibits and Schedule, which are attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 169 of 292 Revised 03/15/2022 Page 6 of 9
expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein.

This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronicsignatureagreestopromptlyexecuteanddelivertotheotherparty an original signed Agreement uponrequest.

IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Richard D. Luczak, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date
City of Montclair Police Department
(Print or type name of agency/department)
By
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:

Address 4870 Arrow Highway
Montclair, CA 91763-1211
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 170 of 292 Revised 03/15/2022 Page 7 of 9
CLETS ANNUAL MAINTENANCE & SUPPORT COSTS: Annual Cost
Service
CLETS Teleprocessing Support/Maintenance Costs ($50/Month) $600 CLETS Terminal Browser Access ($10.50/Month/Terminal) (OMO001-OMO002): $252 CLETS Transactions Cost (2021 data) $351
CLETS ANNUAL MAINTENANCE & SUPPORT COSTS: $1,203
QUARTERLY PAYMENT IN ARREARS FOR CLETS: $301
ADDITIONALLY:

The Contractor shall be billed Transaction Fees on a monthly basis by County ISD in arrears resulting from use of the following systems:

Sheriff's Department Jail Management System (JIMS)
Sheriff’s Central Name Index (CNI)
Sheriff’s Automated Warrants (SAW)

SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT

SCHEDULE 'A'

CITY OF MONTCLAIR
FY 2022-23*

MONTCLAIR POLICE DEPARTMENT
Property Evidence Tracking System (PETS): The Contractor shall be billed for the system transaction fees at the rate of 6 cents per transaction, billing by SHERIFF on a quarterly basis for actual usage in arrears and included with their quarterly bills for CLETS. * The rates on this page are for the fiscal year 2022-23 only and will be adjusted each fiscal year.

COST SCHEDULE

CHARGES FOR SHERIFF'S AUTOMATED SYSTEMS
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 171 of 292 Standard Contract Page 8 of 9

EXHIBIT A
Automated Terminal Coordinator (ATC) Responsibilities
San Bernardino County Sheriff’s Department
Technical Services Division
CLETS Administration Section
655 East Third Street
San Bernardino, CA 92415-0061
Telephone: (909)387-4357
Fax: (909)387-3666
An Automated Terminal Coordinator (ATC) the key person chosen by his/her respective agency to serve as the coordinator with the San Bernardino County Sheriff’s Department (usually the same person who serves as the CLETS Coordinator to the DOJ) on matters pertaining to CLETS contracts with the Sheriff’s Department, CAD/RMS connections to the message switch, maintenance of the users database, as well as all other matters pertaining to the use of; CLETS, NCIC, NLETS, and the DOJ criminal justice data bases.

The ATC should be familiar with all aspects of the aforementioned items. The liaison’s primary responsibilities include:

Administration/Record Keeping
• Coordinate and/or respond to CLETS related correspondence. • Notify the Sheriff’s Department of any changes in address, phone number, agency representatives, contracts, CAD/RMS connections, and other information pertaining to your agency. • On a quarterly basis, ensure the accuracy of CLETS user security files within your agency, deleting/disabling users who are no longer employed. Report this information to the Sheriff’s Department coordinator if you have a direct connection using their terminals. • Ensure Management Control, Interagency Agreements, or Release of CLETS Information Agreements are on file and kept current with the signature of new agency heads, if applicable. • Maintain a copy of all contractual agreements.

Policy
• Ensure compliance with CLETS, CJIS, NCIC, and NLETS policies and regulations. • Ensure CLETS terminals, equipment, and messages are secure from unauthorized access.

System
• Maintain and have available a current system diagram. • Maintain and have available a list of all Sheriff’s Department CLETS terminal locations within the agency, identifying the location, ORI, and mnemonic assigned to the terminal. • Coordinate any terminal access level changes, requests for additional CLETS mnemonics, and applications for upgrading service.

Training
• Advise terminal operators within your agency of the formats used on Sheriff’s Department terminals within your agency.
• Determine the need to coordinate CLETS related training.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 172 of 292 Revised 03/15/2022 Page 9 of 9

EXHIBIT B
SHERIFF’S DEPARTMENT SAN BERNARDINO COUNTY

CENTRAL NAME INDEX / JIMS NET

AUTHORIZATION STATEMENT
The following information is required to identify personnel for the computerized Central Name Index.

NAME: __________________________________________________________________ Print: (Last) (First) (Middle)
DOB: ____________________________________________________________________ (Month) (Day) (Year)
AGENCY/STATION: ______________________________
CALIFORNIA DRIVER’S LICENSE: ______________________________ LAST 4 OF SOCIAL SECURITY NUMBER: ______________________________ EMPLOYEE NUMBER: _____________________________
PD# (if applicable): ______________________________
***SUPERVISOR SIGNATURE: ______________________________ THIS PERSON REQUIRES: INQUIRY ONLY
JUSTIFICATION: ______________________________
STATEMENT:

1. I have completed the above questionnaire, and the information submitted is accurate to the best of my knowledge.

2. I understand that the Sheriff’s Automated Systems are for Law Enforcement use only and are protected by State Law. Accidental or deliberate disclosure of County information, modification, or misuse may result on disciplinary action up to, and including loss of employment and prosecution under applicable laws.

3. Violation of one or more of the following procedural rules may result in disciplinary action.
a. The unauthorized use of another individual’s name and/or identification information for the purpose of inquiry or entry into one or more of the Sheriff’s Automated Systems. b. The unauthorized deletion or altering of any existing data in one or more of the Sheriff’s Automated Systems.
c. The unauthorized input (or causing of input) of false information to one or more of the Sheriff’s Automated Systems.

EMPLOYEE SIGNATURE: ________________________________________ DATE__________ Authorizing Personnel:
_______________________________________________ _______________________________________ ________________ Print: LAST, FIRST, TITLE DEPARTMENT/LOCATION PHONE #
Please scan and e-mail this form to [email protected]. You will receive a reply via email when access has been granted
IMPORTANT NOTE: It is imperative that you notify us immediately, upon a termination or removal.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 173 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: HSV046/GRT085
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–90 WITH THE SAN BERNARDINO

COUNTY OFFICE OF HOMELESS SERVICES TO ACCEPT AN AWARD FOR THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 (HHAP2),

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENT NO. 22–90 AND

ANY OTHER RELATED DOCUMENTS TO EFFECTUATE RELATED PROGRAMS REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–90 with the San Bernardino County Office of Homeless Services (OHS) to accept an award for the Homeless Housing, Assistance, and Prevention Round 2 (HHAP–2).

A copy of Agreement No. 22–90 is attached for the City Council’s review and consideration.

BACKGROUND: San Bernardino County has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, under the HHAP–2 Program authorized by AB 83 (Committee on Budget, Chapter 15, Statutes of 2020), which was signed into law by Governor Gavin Newsom on June 29, 2020, to build on regional coordination developed through previous rounds of Homeless Coordinating and Financing Council Homeless Emergency Aid Program (HEAP), HHAP, and COVID–19 funding. OHS is responsible for distributing $1.3 million in HHAP– 2 funding designated for the County. The City of Montclair was successful in our application to receive HHAP–2 funds.

The City’s successful application for HHAP–2 funding will be utilized to provide a comprehensive outreach program to provide rental assistance or rapid rehousing and will be implemented by the Code Enforcement Division. Measurable outcomes for the HHAP–2 funded activities include 1) At least 17 individuals will be referred to resources annually, and 2) At least five individuals will be housed annually.

FISCAL IMPACT: Should the City Council approve proposed Agreement No. 22–90, OHS will provide the City with funding in the amount of $41,085 toward eligible expenses from August 23, 2022, to June 30, 2026.

RECOMMENDATION:

1. Staff recommends the City Council approve Agreement No. 22–90 with the San Bernardino County Office of Homeless Services to accept an award for the Homeless Housing, Assistance and Prevention Round 2 subject to any revisions deemed necessary by the City Attorney; and

2. Authorize the City Manager to sign Agreement No. 22–90 and any other related documents to effectuate related programs.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 174 of 292 Standard Contract Page 1 of 29

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Community Revitalization
Department Contract Representative Tom Hernandez
Chief of Homeless Services
Telephone Number 909-501-0610
Contractor City of Montclair
Contractor Representative Alyssa Colunga, Assistant Director of Human Services & Grants
Manager
Telephone Number (909) 625-9459
Contract Term Effective Date– June 30, 2026
Original Contract Amount $41,085
Amendment Amount N/A
Total Contract Amount $41,085
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, San Bernardino County (COUNTY) has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 2 (HHAP-2) Program authorized by AB 83 (Committee on Budget, Chapter 15, Statutes of 2020), which was signed into law by Governor Gavin Newsom on June 29, 2020, to build on regional coordination developed through previous rounds of Homeless Coordinating and Financing Council Homeless Emergency Aid Program (HEAP), HHAP, and COVID-19 funding; and
WHEREAS, the COUNTY Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the COUNTY to administer HHAP-2 as designated by the San Bernardino County Continuum of Care (SBC CoC), the eligible recipient of HHAP-2 grant funding; and WHEREAS, the COUNTY conducted a competitive process to find City of Montclair (CONTRACTOR) to provide these services, and
WHEREAS, CONTRACTOR has the required qualifications, experience and expertise to provide services and is willing to use State funds to serve individuals and families experiencing homelessness; and WHEREAS, the COUNTY desires that such services be provided by CONTRACTOR and CONTRACTOR agrees to perform these services as set forth below;
NOW, THEREFORE, the COUNTY and CONTRACTOR mutually agree to the following terms and conditions:

Contract Number
SAP Number
Agreement No. 22-90
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 175 of 292

Page 2 of 29 ends

TABLE OF CONTENTS

SECTION PAGE
A. DEFINITIONS ........................................................................................................................................3 B. CONTRACTOR RESPONSIBILITIES ...................................................................................................5 C. GENERAL CONTRACT REQUIREMENTS ........................................................................................14 D. TERM OF CONTRACT........................................................................................................................23 E. COUNTY RESPONSIBILITIES ...........................................................................................................23 F. FISCAL PROVISIONS.........................................................................................................................23 G. INDEMNIFICATION AND INSURANCE REQUIREMENTS................................................................24 H. RIGHT TO MONITOR AND AUDIT .....................................................................................................27 I. CORRECTION OF PERFORMANCE DEFICIENCIES........................................................................27 J. NOTICES.............................................................................................................................................28 K. ENTIRE AGREEMENT........................................................................................................................28

ATTACHMENTS
EXHIBIT 1 – HHAP-2 AWARD BY CATEGORY
EXHIBIT 2 – SCOPE OF WORK
EXHIBIT 3 – HHAP-2 REPORTING REQUIREMENTS
EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE
EXHIBIT 5 – HUD DATA QUALITY REPORT
EXHIBIT 6 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 176 of 292

Page 3 of 29 ends

A. DEFINITIONS
A.1 Administrative Entity: A unit of general-purpose local government (city, county or a city that is also a county) or a nonprofit organization that has (1) previously administered federal Department of Housing and Urban Development (HUD) Continuum of Care (CoC) funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations, and (2) been designated by the CoC to administer program funds.

A.2 Bridge Housing: Temporary housing resources offered while working with clients with Permanent Supportive Housing as the final goal. Case managers, housing locators and employment specialists work with each family to access their unique needs and create a customized plan for achieving long-term stability and independence. Once in permanent housing, families build on their success with aftercare support from program staff and a network of community partners.

A.3 Case Management: The coordination of community-based services by a professional team to provide people the quality health care that is customized accordingly to an individual’s setbacks or persistent challenges and aid them to their recovery. In addition, it can be defined as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet the client’s health and human service needs.

A.4 Continuum of Care (CoC): A group of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within a geographic area to promote community wide commitment to the goal of ending homelessness; rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effect utilization of mainstream programs by homes individuals and families; and optimize self-sufficiency among individuals and families experiencing homelessness.

A.5 Continuum of Care (CoC) Housing Providers: A network of Community Based Organizations partnered with the COUNTY to provide services to homeless individuals and families.

A.6 Coordinated Entry System (CES): The CES is used to identify, assess and prioritize homeless individuals and families for housing and services based on vulnerability and severity of need.

Designed to ensure people experiencing homelessness receive the right housing intervention and prioritize people who need supportive housing the most to be able to access it as quickly as possible.

A.7 Emergency Aid: Any urgent and immediate services, which include housing that will be provided to homeless individuals. Broad categories of uses include, but are not limited to, shelters, shelter beds, public toilets, shower facilities, tiny-shed homes, etc.

A.8 Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay A.9 General Service Area: The geographically defined area where a service entity provides outreach and direct services to homeless people.

A.10 Homeless: The same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that Section read on January 10, 2019.

A.11 Homeless Management Information System (HMIS): A web-enabled database used by homeless service providers to capture information about the San Bernardino County persons they serve. The database tracks services provided to homeless individuals and families by the collaborative agencies. Services tracked include: emergency, transitional, and permanent housing bed usage, employment, veteran’s status, as well as referrals to health and human service providers, or other relevant supportive service agencies. As required by the U.S.

Department of Housing and Urban Development, the Continuum of Care utilizes the captured MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 177 of 292

Page 4 of 29 ends

information to make informed decisions in planning, homeless advocacy, and policy development that result in targeted services. HMIS also includes the use of a comparable database by a victim services provider or legal services provider that is permitted under Part 576 of Title 24 of the Code of Federal Regulations.

A.12 Homeless Youth: An unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinneyVento Homeless Assistance Act [42 U.S.C. Sec. 11434a(2)]; includes unaccompanied youth who are pregnant or parenting.

A.13 Housing First: An approach to quickly and successfully connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry, such as sobriety, treatment or service participation requirements. Supportive services are offered to maximize housing stability and prevent returns to homelessness as opposed to addressing predetermined treatment goals prior to permanent housing entry A.14 Housing Search and Placement: Services to assist clients to locate, secure, and navigate the rental market. Housing Search and Placement activities may include, but are not limited to, unit identification, unit inspection, determining rent reasonableness, contracts, advocating for households, landlord/tenant mediation, and any other housing requirements.

A.15 Interagency Council on Homelessness (ICH): The policy making body for the San Bernardino County Homeless Partnership. ICH works to ensure that the recommendations listed in the County’s 10-Year Strategy to End Homelessness are realized. ICH Membership is composed of elected officials, state and local representatives, community and faith-based organizations, and corporate advocates.

A.16 Instance of Service: Each encounter with a member of the target population where services are provided for each of the eligible grant activities. For example, one individual checks into a warming center operated by Provider X on Tuesday. The same individual checks into the same warming center the next night. This counts as two instances of service for this activity.

A.17 Navigation Center: A Housing First, low barrier, service service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

A.18 Office of Homeless Services (OHS): The lead agency for the San Bernardino County Continuum of Care (SBC CoC). The SBC CoC coordinates services with the San Bernardino County Homeless Partnership consisting of community and faith-based organizations, educational institutions, non-profit organizations, private industry, and Federal, State and local governments.

A.19 Permanent Supportive Housing (PSH): Low-barrier permanent housing with services. The type of services depends on the needs of the residents. Services may be short-term, sporadic, or ongoing indefinitely. PSH units are for individuals and families who are homeless or chronically homeless. PSH is housing combined with services, which may include mental health and health services, drug and alcohol treatment, education and job training.

A.20 Point-In-Time-Count (PITC): An unduplicated one-night estimates of both sheltered and unsheltered homeless populations conducted by Continuums of Care nationwide on a predetermined date within the last 10 days of each January pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.

A.21 Program: The Homeless Housing, Assistance and Prevention Round 2 (HHAP-2) Program established pursuant to AB83 (Committee on Budget, Chapter 15, Statutes of 2020) and HHAP2 are used interchangeably throughout this document.

A.22 Rapid Re-Housing (RRH): An intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Using the Housing First model, move families and individuals into permanent affordable housing as quickly as possible with minimal barriers, assist with move-in costs such as security and utility deposits and short-medium term declining rental subsidies, and provide intensive social services while families or individuals are in their home. Supportive services are designed to enhance each family or individual’s stability and equip them with skills and resources they need to sustain and thrive in housing and avoid future homelessness.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 178 of 292

Page 5 of 29 ends

A.23 San Bernardino County Continuum of Care (SBC CoC): Provides leadership in creating a comprehensive countywide network of service delivery to homeless individuals and families and those at-risk of becoming homeless.

A.24 State of California, Homeless Coordinating and Financing Council (State): Created pursuant to Section 8257 of the Welfare and Institutions Code to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.

A.25 Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by CONTRACTOR who is performing services on behalf of CONTRACTOR under a separate contract with or on behalf of CONTRACTOR.

A.26 Target Population: Any person who is homeless as defined for this grant (see A.10 above).

A.27 Transitional Housing (TH): Designed to provide homeless individuals and families with the interim stability and support to successfully move to and maintain permanent housing. TH may be used to cover the costs of up to 24 months of housing with accompanying supportive services.

A.28 United States Department of Housing and Urban Development (HUD): A Federal agency established in 1965, HUD's mission is to increase homeownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships, particularly with faith-based and community organizations, that leverage resources and improve HUD's ability to be effective on the community level.

B. CONTRACTOR RESPONSIBILITIES
The following shall be required by CONTRACTOR:

B.1 General Requirements
B.1.1 CONTRACTOR shall be in compliance with all applicable Federal, State, and local laws, required to perform this Contract. CONTRACTOR shall be required to repay the COUNTY in the event of non-compliance with any applicable law if the COUNTY is required to repay any amount of funds to the State as a result of CONTRACTOR’s non-compliance.

B.1.2 CONTRACTOR and its Subcontractors shall perform the work in accordance with Federal, State and local housing and building codes, as applicable.

B.1.3 CONTRACTOR shall be responsible to accomplish the levels of performance as set forth in Exhibit 1 – HHAP-2 AWARD BY CATEGORY and report such measures quarterly to the COUNTY with each quarterly expenditure report. The COUNTY will review CONTRACTOR performance to assess expenditure and performance progress. If CONTRACTOR is not meeting expenditure and performance measures, the COUNTY will work with CONTRACTOR to identify strategies and remediate performance issues.

B.1.4 CONTRACTOR’s obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during closeout period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent funds, and accounts receivable to the COUNTY), and determining the custodianship of records.

B.2 Scope of Work
The project description for services to be provided by CONTRACTOR under this Contract are identified in Exhibit 2 - SCOPE OF WORK.

B.3 Administrative Requirements
CONTRACTOR shall adhere to the following:

B.3.1 Coordinated Entry System (CES)
a. The CES is a referral process that currently coordinates with the SBC CoC. All those participating with CES will need to apply to participate with the Homeless Management Information System (HMIS).

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 179 of 292

Page 6 of 29 ends

b. CONTRACTOR must work in collaboration with CES and SBC CoC to ensure the screening, assessment, and referral of HHAP-2 participants are consistent with the eligible uses under HHAP-2.
c. CONTRACTOR agrees to receive referrals from CES prior to providing services with the exception of individuals receiving emergency assistance. In such cases, immediate services can be provided, but individuals and/or families must be referred by CONTRACTOR to CES for assessment and prioritization within seventy-two (72) hours. CONTRACTOR understands that individuals and/or families may not be referred to CONTRACTOR and may be referred to another service provider based upon the CES assessment.

B.3.2 Data Reporting
a. CONTRACTOR will submit to OHS detailed reports containing information listed in Exhibit 3 – HHAP-2 REPORTING REQUIREMENTS.
b. A report will be due forty-five (45) days after the date of expiration of this Contract or upon completion of Contract services.
c. CONTRACTOR shall submit additional reports as required by the State or COUNTY.

B.3.3 Equipment and Other Property
All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with HHAP-2 funds received under the terms of this Contract which has a life expectancy of one (1) year or more shall be the property of the COUNTY and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the COUNTY when the Contract is terminated.

Additional terms are as follows:
a. The purchase of any furniture or equipment which was not included in CONTRACTOR’s approved budget, shall require the prior written approval of the COUNTY, and shall fulfill the provisions of this Contract which are appropriate and directly related to CONTRACTOR’s services or activities under the terms of the Contract. The COUNTY may refuse approval for any cost resulting from such items purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from the COUNTY.
b. Before equipment purchases made by CONTRACTOR are approved by the COUNTY, CONTRACTOR must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract. c. CONTRACTOR shall submit an inventory of equipment purchased under the terms of this Contract as part of the expenditures report for the month in which the equipment is purchased. CONTRACTOR must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the property, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a control system in place to prevent loss, damage, or theft. Equipment with cost exceeding COUNTY’s capitalization threshold of $5,000 must be depreciated.
d. No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with HHAP-2 funds.
e. Upon termination of this Contract, CONTRACTOR will provide a final inventory to the COUNTY and shall at that time query the COUNTY as to requirements, including the manner and method in returning equipment to the COUNTY. Final disposition of such equipment shall be in accordance with instructions from the COUNTY.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 180 of 292

Page 7 of 29 ends

B.3.4 Financial Management
a. Review, understanding, and certification that quarterly expenditure reports submitted to the COUNTY meet eligible expenses under HHAP-2 and State requirements. The COUNTY shall have no obligation to advance or pay CONTRACTOR with any funds other than HHAP-2 funds the COUNTY receives from the State.
b. CONTRACTOR attests that by submitting a quarterly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for HHAP-2 funding. CONTRACTOR shall be required to repay COUNTY for non-eligible expenditures that may inadvertently be processed by the COUNTY. c. Budget Changes – CONTRACTOR agrees that no changes shall be made to CONTRACTOR’s HHAP-2 budget without first obtaining approval. No more than the amounts specified in Exhibit 1 – HHAP-2 AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget summary. Any changes to this Contract must be requested by CONTRACTOR in writing through OHS. Changes must be approved by the County and/or the State. d. Documentation of Costs and Other Financial Reporting CONTRACTOR will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures. Costs shall be supported by properly executed payrolls, time records, invoices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges.

All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the COUNTY shall have the right to audit the records of the CONTRACTOR as they relate to the Contract and the activities and services described herein.

CONTRACTOR shall also:
1) Maintain an effective system of internal fiscal control and accountability for all HHAP-2 funds and property acquired or improved with HHAP-2 funds, and make sure the same are used solely for authorized purposes. 2) Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the CONTRACTOR’s accounting records.
3) Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years after the termination of this Contract. 4) Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the COUNTY at any time during normal business hours and as often as necessary. 5) Inform the COUNTY concerning any funds allocated to CONTRACTOR, that the CONTRACTOR anticipates will not be expended during the term of this Contract.
6) Repay the COUNTY any funds in its possession at the time of the termination of this Contract that may be due to the COUNTY; e.g. ineligible costs, unexpended funds, etc.

B.3.5 Funding
a. This Contract is valid and enforceable only if sufficient funds are made available to COUNTY by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, department, or any MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 181 of 292

Page 8 of 29 ends

political subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner. b. CONTRACTOR must establish and maintain effective internal controls over all funding awarded to CONTRACTOR by the COUNTY to provide reasonable assurance that CONTRACTOR complies with Federal, State, and County statutes, regulations, and terms and conditions of the Contract.
c. COUNTY may base funding for CONTRACTOR upon positive performance outcomes, which OHS will monitor throughout the year.
d. CONTRACTOR must be able to demonstrate that HHAP-2 funds were expended for eligible uses to benefit members of the Target Population. e. Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR’s Program budget. Contract funds shall not be used as security or to guarantee payments for any non-program obligations nor as loans for non-program activities.
f. CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities. g. Ineligible Costs – HHAP-2 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of HHAP-2 and the eligible uses identified in California Health and Safety Code Sections 50218.5.

The COUNTY or the State reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If CONTRACTOR or its Subcontractors use HHAP-2 funds to pay for ineligible activities, CONTRACTOR shall be required to reimburse these funds to the COUNTY within thirty (30) days of the request.
1) An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the COUNTY by CONTRACTOR.
2) The State, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HHAP-2 funds. 3) Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP-2 funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of CONTRACTOR and services or housing capacity will be lost as a result of these funds ending, HHAP-2 funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid Program (HEAP) grant].
h. CONTRACTOR must ensure that:
1) One hundred percent (100%) of HHAP-2 funds shall be fully expended by June 30, 2026; and
2) Any funds not expended by June 30, 2026 shall be returned to COUNTY. “Expended” means all HHAP-2 funds obligated under the Contract or subcontracts have been fully paid and receipted, and no invoices remain outstanding.” Reports submitted by the CONTRACTOR will be utilized to ensure that CONTRACTOR is on track to expend 100 percent of HHAP-2 funds by June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 182 of 292

Page 9 of 29 ends

i. HHAP-2 funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that CONTRACTOR has placed orders, entered into sub-contracts, received services, or entered into similar transactions that require payment from the Contract award.
j. All proceeds from any interest-bearing account established by the CONTRACTOR for the deposit of HHAP-2 funds must be used for HHAP-2-eligible activities.

Documentation of all expenditures and accrued interest shall be reported on the forms provided by OHS (i.e., HHAP-2 Expenditure Report). k. Any housing-related activities funded with HHAP-2 funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
l. CONTRACTOR confirms that rental assistance will be issued directly to a property owner or an agent authorized to act on behalf of a property owner. m. Joint Funding – For all programs and services for which there are sources of funds in addition to COUNTY funds as provided under this Contract, CONTRACTOR shall provide proof of such funding. Contractor must be able to account for the receipt, obligation and expenditure of funds.

The COUNTY shall NOT pay for any services provided by CONTRACTOR which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources.
n. The COUNTY reserves the right to reduce the Contract award when the COUNTY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with eligible costs as defined in Health and Safety Code Section 50220.5(d). Changes in the Contract award will be done after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendment(s).
o. CONTRACTOR may not use HHAP-2 grant funding to supplant existing local funds for homeless housing, assistance, or prevention, and funds must be expended in compliance with Housing First requirements per Health and Safety Code Section 50220.5(g).

B.3.6 Fiscal Award Monitoring
a. The COUNTY has the right to monitor the Contract during the Contract period to ensure accuracy of expenditure reports and compliance with applicable laws and regulations.
b. CONTRACTOR agrees to furnish duly authorized representatives from the COUNTY and the State access to all financial records necessary to review or audit Contract services and to evaluate the cost, quality, and appropriateness of services.
c. If the State or the COUNTY determines that all, or any part of, the payments made by the COUNTY to CONTRACTOR pursuant hereto are not eligible expenses in accordance with this Contract, said funds will be repaid by CONTRACTOR to the COUNTY. In the event such payment is not made on demand, the COUNTY may withhold future disbursements to CONTRACTOR until such disallowances are paid by CONTRACTOR. If disallowable expenses are not reimbursed within thirty (30) days of demand, the Contract will terminate without consultation at the COUNTY’s sole and absolute discretion.
d. If there is a conflict between a State audit of this Contract and a COUNTY audit of this Contract, the State audit shall take precedence.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 183 of 292

Page 10 of 29 ends

B.3.7 Closeout
CONTRACTOR shall submit a closeout report including a narrative of the project outcomes, an inventory of all equipment and property acquired or improved by HHAP-2 funds, and a final financial report, upon termination or completion of the services specified in this Contract.

CONTRACTOR agrees to adhere to and comply with all of the closeout procedures detailed below; including, but not limited to the following:
a. Disposition of Program assets shall be determined by the COUNTY when the Contract is terminated.
b. CONTRACTOR shall submit within forty-five (45) days after the date of expiration of this Contract, all financial, performance, and other reports required by this Contract; and in addition, will cooperate in a Program audit by the COUNTY. c. Any unobligated/unexpended funds disbursed in advance to CONTRACTOR shall be returned to the COUNTY within thirty (30) days after the expiration of the Contract term.
d. CONTRACTOR must account for any real and personal property acquired with HHAP-2 funds.
e. Closeout will remain pending until all requirements are met and all outstanding issues with the CONTRACTOR have been resolved to the satisfaction of the COUNTY.

B.3.8 Homeless Management Information System
The HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the COUNTY. CONTRACTOR must ensure that data on all persons served are entered into the COUNTY-wide HMIS. HMIS is managed and operated by OHS. HMIS technical and data standards are set forth in the Final 2017 HMIS Data Standards, on file with OHS.
a. CONTRACTOR shall enter into a Memorandum of Understanding (MOU) with the HMIS Lead Agency where the CONTRACTOR agrees to share HMIS data with other HHAP-2 funded agencies, unless prohibited by law. b. CONTRACTOR is required to work with OHS staff to ensure the timely and accurate set-up of their HMIS program profile and to ensure the HMIS program profile is setup in a manner that accurately captures the data pertinent to CONTRACTOR’s program. CONTRACTOR’s program profile must be setup prior to CONTRACTOR submitting their first HHAP-2 Disbursement Request form. c. CONTRACTOR shall submit a copy of HMIS reports (see Exhibit 4 – HMIS CLIENT DATA REPORT SAMPLE) with the quarterly expenditure reports. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the CONTRACTOR is using a comparable database shall be delivered to the COUNTY. The contact information for the "HMIS Lead Agency" is:

Mike Bell, HMIS Lead
County of San Bernardino
Office of Homeless Services
215 North “D” Street, Suite 301
San Bernardino CA 92415-0044
[email protected]
Phone: 909-501-0613
d. CONTRACTOR must ensure all required data elements, as listed below, are entered into the HMIS system for HHAP-2 participants, in a timely manner, and is inputted no later than two (2) working days after program entry. Services rendered to clients must be entered into HMIS no later than two (2) working days from date MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 184 of 292

Page 11 of 29 ends

of service(s). All clients who exit the program must have an updated status in HMIS within two (2) working days from actual exit date. Failure to meet the above data inputting requirements will constitute a violation of the terms and conditions of this Contract. CONTRACTOR will be notified by OHS, and if not rectified, the Contract may be terminated at the COUNTY’s sole and absolute discretion. e. In addition to the timely entry of HMIS data, CONTRACTOR is required to enter accurate and complete data. The COUNTY will ensure CONTRACTOR adheres to Data Quality Standards, as established by HUD, and data entry requirements, as set forth in the HMIS MOU and the OHS Policy Handbook. The Data Quality Standards assess the data quality and completeness of the following Data Elements entered:
1) Client Demographic Data
a) Name
b) Social Security Number
c) Date of Birth
d) Race
e) Ethnicity
f) Gender
g) Veteran Status
2) Universal Data
a) Disabling Condition
b) Project Start Date
c) Project Exit Date
d) Destination
e) Relationship to Head of Household
f) Client Location
g) Housing Move-in Date
h) Living Situation
3) Common Program Specific Data Elements
a) Income and Sources
b) Non-Cash Benefits
c) Health Insurance
d) Disability Elements
e) Physical Disability
f) Developmental Disability
g) Chronic Health Condition
h) HIV/AIDS
i) Mental Health Problem
j) Substance Abuse
k) Domestic Violence
l) Contact
m) Date of Engagement
n) Bed-Night Date
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 185 of 292

Page 12 of 29 ends

o) Housing Assessment Disposition
4) Data Timeliness
a) Entry Timeliness
b) Exit Timeliness
f. According to Data Quality Standards, CONTRACTOR is required to have a fivepercent (5%) or less error rate to ensure data accuracy and less than a five-day lapse in timeliness for entry of data at time of client entry, services are rendered, and client exit. Any performance benchmarks not meeting these standards will be captured on CONTRACTOR’s HUD Data Quality Report, see Exhibit 5. The report will be generated by CONTRACTOR and submitted quarterly with expenditure reports. OHS will review reports and data deficiencies, if any, will be identified and discussed with CONTRACTOR to determine methods to remediate and/or improve data quality scores.
g. If CONTRACTOR continues to not meet data entry and data quality benchmarks, as established by HUD and set forth in the HMIS MOU and the OHS Policy Handbook, COUNTY may terminate Contract as set forth in CORRECTION OF PERFORMANCE DEFICIENCIES Section.
h. CONTRACTOR agrees to provide the COUNTY and/or the State access to HMIS data collected and entered into HMIS, upon request, and to participate in any statewide data initiative as directed by the State including, but not limited to, a statewide data integration environment.

B.3.9 Housing First
The methodology of providing services will follow the Housing First policy. This is an approach that offers permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to avoid returning to homelessness. HHAP-2 projects must align and comply with the core components of Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

B.3.10 Program Participant Eligibility
CONTRACTOR shall ensure that:
a. HHAP-2 participants meet the Homeless definition as defined in Section 578.3 of Title 24 of the Code of Federal Regulations:
1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
a) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
b) An individual or family living in a supervised publicly or privatelyoperated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by Federal, State and local government programs for low-income individuals); or
c) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
2) An individual or family who will imminently lose their primary nighttime residence, provided that:

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 186 of 292

Page 13 of 29 ends

a) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
b) No subsequent residence has been identified; and
c) The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;
3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
a) Are defined as homeless under Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), Section 637 of the Head Start Act (42 U.S.C. 9832), Section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), Section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
b) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance; c) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and
d) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
4) Any individual or family who:
a) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or lifethreatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
b) Has no other residence; and
c) Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.
b. HHAP-2 participants are referred by CES to CONTRACTOR. c. CONTRACTOR coordinates Program enrollment and services in collaboration with CES.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 187 of 292

Page 14 of 29 ends

B.3.11 Job Training and Employment
CONTRACTOR agrees to refer HHAP-2 clients that are eligible for job training and employment services to the County of San Bernardino Workforce Development Department (WDD). Contractor also agrees to refer eligible “work ready” clients to the COUNTY’s Community Employment Pathways (CEP) program for job placement services. Number of participants who have been referred to WDD and CEP will be reported on a quarterly basis by CONTRACTOR.

B.3.12 Staffing Requirements
CONTRACTOR shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First model (ex. Case managers, Clinicians, medical staff, peer advocates, employment specialists, and eligibility specialists).

CONTRACTOR must have the readiness capacity to immediately perform and administer homeless efforts through HHAP-2 funding.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Air, Water Pollution Control, Safety and Health
CONTRACTOR shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.2 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.3 Background Checks for Contractor Personnel
CONTRACTOR shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the COUNTY; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the COUNTY and not in violation of applicable law, CONTRACTOR shall conduct a background check, at CONTRACTOR’s sole expense, on all its personnel providing Services. If requested by the COUNTY, CONTRACTOR shall provide the results of the background check of each individual to the COUNTY. Such background check shall be in the form generally used by CONTRACTOR in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. CONTRACTOR personnel who do not meet the COUNTY’s hiring criteria, in COUNTY’s sole discretion, shall not be assigned to work on COUNTY property or Services, and COUNTY shall have the right, at its sole option, to refuse access to any Contract personnel to any COUNTY facility.

C.4 Change of Address
CONTRACTOR shall notify the COUNTY in writing, of any change in mailing address within ten (10) business days of the change.

C.5 Child Support Compliance Act
For any Contract in excess of $100,000, CONTRACTOR acknowledges in accordance with Public Contract Code 7110, that:

C.5.1 CONTRACTOR recognizes the importance of child and family support obligations and shall fully comply with all applicable State and Federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family code; and C.5.2 CONTRACTOR, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 188 of 292

Page 15 of 29 ends

C.6 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.7 Compliance with County Policy
In performing the Services and while at COUNTY facilities, CONTRACTOR personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the COUNTY regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the COUNTY; and (d) abide by all laws applicable to the COUNTY facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to CONTRACTOR or CONTRACTOR personnel or may be made available to CONTRACTOR or CONTRACTOR personnel by conspicuous posting at a COUNTY facility, electronic posting, or other means generally used by COUNTY to disseminate such information to its employees or contractors.

CONTRACTOR shall be responsible for the promulgation and distribution of County Policies to CONTRACTOR personnel to the extent necessary and appropriate.

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

C.8 Compliance with State and Federal Laws, Rules, and Regulations CONTRACTOR agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-2 program, CONTRACTOR, its subcontractors, and all eligible activities.

C.9 Confidentiality
CONTRACTOR shall ensure that all staff, volunteers and/or Subcontractors performing Services under this Contract comply with the terms and conditions as set forth in the Human Services Information Privacy and Security Requirements specified at http://hss.sbcounty.gov/Privacy prior to providing any Services. CONTRACTOR shall immediately notify the COUNTY of any suspected or actual breach of confidential information as further detailed in the requirements. These requirements specified at http://hss.sbcounty.gov/Privacy are hereby incorporated by this reference.

C.10 Conflict of Interest
CONTRACTOR shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the COUNTY. CONTRACTOR shall make a reasonable effort to prevent employees, CONTRACTOR, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and State law. In the event the COUNTY determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the COUNTY and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom CONTRACTOR’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.11 Contract Amendments
CONTRACTOR agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of CONTRACTOR and COUNTY.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 189 of 292

Page 16 of 29 ends

C.12 Contract Assignability
Without the prior written consent of the COUNTY, the Contract is not assignable by CONTRACTOR either in whole or in part.

C.13 Contract Exclusivity
This is not an exclusive Contract. The COUNTY reserves the right to enter into a contract with other contractors for the same or similar services. The COUNTY does not guarantee or represent that the CONTRACTOR will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.14 Copyright
The COUNTY shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the COUNTY of San Bernardino as the funding agency and CONTRACTOR as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by CONTRACTOR in the United States or in any other country without the express written consent of the COUNTY. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the COUNTY prior to publication.

C.15 County Internship Initiative
CONTRACTOR agrees to be contacted by the COUNTY to solicit its participation in an internship initiative known as GenerationGo! Career Pathways, involving the potential placement and hiring of interns by CONTRACTOR’S business. CONTRACTOR is encouraged, and agrees to make good faith efforts, to utilize the COUNTY’S program to aid the County’s Vision for a skilled workforce and jobs that create countywide prosperity, and its goal to Create, Maintain and Grow Jobs and Economic Value in the County. The COUNTY’S objective with its internship initiative is to focus on training, education, employment and support services to develop a more highly-educated and trained workforce. When participating in the COUNTY’S internship initiative, the CONTRACTOR remains an independent contractor and shall not be construed as agents, officers, or employees of the COUNTY. More information about the COUNTY’S GenerationGo! Career Pathways Program can be located at https://wp.sbcounty.gov/workforce/careerpathways/.

C.16 County Representative
The Chief of Homeless Services, or his/her designee, shall represent the COUNTY in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by CONTRACTOR. If this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract, except for budget category modifications and non-substantive changes, which may be approved by the Assistant Executive Officer of Human Services, Deputy Executive Office of Community Revitalization, or the Chief of Homeless Services.

C.17 Damage to County Property
CONTRACTOR shall repair, or cause to be repaired, at its own cost, all damages to COUNTY vehicles, facilities, buildings or grounds caused by the willful or negligent acts of CONTRACTOR or its employees or agents. Such repairs shall be made immediately after CONTRACTOR becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the CONTRACTOR fails to make timely repairs, the COUNTY may make any necessary repairs.

The CONTRACTOR, as determined by the COUNTY, shall repay all costs incurred by the COUNTY for such repairs, by cash payment upon demand, or the COUNTY may deduct such costs from any amounts due to the CONTRACTOR from the COUNTY, as determined at the COUNTY’s sole discretion.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 190 of 292

Page 17 of 29 ends

C.18 Debarment and Suspension
CONTRACTOR certifies that neither it nor its principals or subcontractors is presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

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

C.19 Disclosure of Criminal and Civil Procedures
The COUNTY reserves the right to request the information described herein from the CONTRACTOR. Failure to provide the information may result in a termination of the Contract.

The COUNTY also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The CONTRACTOR also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

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

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

CONTRACTOR shall notify the COUNTY immediately of any claim or action undertaken by or against it, which affects or may affect this Contract or the COUNTY, and shall take such action with respect to the claim or action as is consistent with the terms of this Contract and the interests of the COUNTY.

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

C.20 Drug-Free Workplace Certification
Certification of Compliance: By signing this Contract, CONTRACTOR, and its subcontractors, hereby certify, under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

C.20.1 Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355(a)(1).

C.20.2 Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following:
a. The dangers of drug abuse in the workplace;
b. CONTRACTOR’s policy of maintaining a drug-free workplace; MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 191 of 292

Page 18 of 29 ends

c. Any available counseling, rehabilitation, and employee assistance programs; and, d. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C.20.3 Provide as required by Government Code Section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement:
a. Will receive a copy of CONTRACTOR’s drug-free policy statement; and b. Will agree to abide by the terms of CONTRACTOR’s condition of employment or subcontract.

C.21 Drug and Alcohol-Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, CONTRACTOR agrees that CONTRACTOR and CONTRACTOR’s employees, while performing service for the COUNTY, on COUNTY property, or while using COUNTY equipment:

C.21.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.21.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.21.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where CONTRACTOR or CONTRACTOR’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

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

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

C.22 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.23 Employment Discrimination
During the term of the Contract, CONTRACTOR shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. CONTRACTOR shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

During the term of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identify, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 192 of 292

Page 19 of 29 ends

for employment are free from such discrimination and harassment. CONTRACTOR and its subcontractors shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (Government Code Section 12900 et seq.); the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code(Government Code, Section 11135-11139.5).

CONTRACTOR and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C.24 Environmental Requirements
In accordance with County Policy 11-08, the COUNTY prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The COUNTY requires CONTRACTOR to use recycled paper for any printed or photocopied material created as a result of this Contract. CONTRACTOR is also required to use both sides of paper sheets for reports submitted to the COUNTY whenever practicable.

To assist the COUNTY in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), CONTRACTOR must be able to annually report the COUNTY’S environmentally preferable purchases. CONTRACTOR must also be able to report on environmentally preferable goods and materials used in the provision of their service to the COUNTY, utilizing a COUNTY approved form.

C.25 Former County Administrative Officials
CONTRACTOR agrees to provide, or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent CONTRACTOR. The information provided includes a list of former COUNTY administrative officials who terminated COUNTY employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of CONTRACTOR. For purposes of this provision, “COUNTY administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, COUNTY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.26 Improper Consideration
CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the COUNTY in an attempt to secure favorable treatment regarding this Contract.

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

CONTRACTOR shall immediately report any attempt by a COUNTY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.

The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the COUNTY is entitled to pursue any available legal remedies.

C.27 Improper Influence
CONTRACTOR shall make all reasonable efforts to ensure that no COUNTY officer or employee, whose position in the COUNTY enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the CONTRACTOR or officer or employee of the CONTRACTOR.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 193 of 292

Page 20 of 29 ends

C.28 Informal Dispute Resolution
In the event the COUNTY determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

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

C.29 Inspections
C.29.1 The COUNTY and the State reserve the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Contract.

C.29.2 CONTRACTOR agrees to correct all work that is determined based on such inspections not to conform to the applicable requirements; and the COUNTY reserves the right to withhold payments to CONTRACTOR until it is corrected.

C.30 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code Sections 2200 et seq. (Applicable for all contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code Section 2204(a), the CONTRACTOR certifies that at the time the Contract is signed, the CONTRACTOR signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person (as defined in Public Contract Code Section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the CONTRACTOR to civil penalties, termination of existing Contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code Section 2205.

C.31 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.32 Licenses, Permits and/or Certifications
CONTRACTOR shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The CONTRACTOR shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. CONTRACTOR will notify the COUNTY immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

CONTRACTOR shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Contract, including those necessary to perform design, construction, or operation and maintenance of the activities. CONTRACTOR shall be responsible for observing and complying with any applicable Federal, State, County, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances.

CONTRACTOR shall provide copies of permits and approvals to the COUNTY and/or State upon request.

C.33 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the COUNTY determines that CONTRACTOR has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 194 of 292

Page 21 of 29 ends

C.34 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.35 Nondisclosure
CONTRACTOR shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the COUNTY to CONTRACTOR or an agent of CONTRACTOR or otherwise made available to CONTRACTOR or CONTRACTOR’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by CONTRACTOR or an agent of CONTRACTOR in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.36 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.37 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by CONTRACTOR pursuant to the Contract shall be considered property of the COUNTY upon payment for services (and products, if applicable). All such items shall be delivered to COUNTY at the completion of work under the Contract. Unless otherwise directed by COUNTY, CONTRACTOR may retain copies of such items.

C.38 Primary Point of Contact
CONTRACTOR will designate an individual to serve as the primary point of contact for the Contract. CONTRACTOR or designee must respond to COUNTY inquiries within two (2) business days. CONTRACTOR shall not change the primary contact without written acknowledgement to the COUNTY. CONTRACTOR will also designate a back-up point of contact in the event the primary contact is not available.

C.39 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.40 Records and Retention
CONTRACTOR shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

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

CONTRACTOR shall retain all records described above for a minimum period of five (5) years after the termination of this Contract. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 195 of 292

Page 22 of 29 ends

C.41 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.42 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or CONTRACTOR’s relationship with the COUNTY may be made or used without prior written approval of the COUNTY.

C.43 Representation of the County
In the performance of this Contract, CONTRACTOR, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino.

C.44 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.45 Subcontracting
CONTRACTOR shall obtain COUNTY’s written consent, which COUNTY may withhold in its sole discretion, before entering into contracts with or otherwise engaging any subcontractors who may supply any part of the Services to COUNTY. At COUNTY’s request, CONTRACTOR shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the COUNTY, resumes of proposed subcontractor personnel.

CONTRACTOR shall remain directly responsible to COUNTY for its subcontractors and shall indemnify COUNTY for the actions or omissions of its subcontractors under the terms and conditions specified in INDEMNIFICATION AND INSURANCE REQUIREMENTS Section. All approved subcontractors shall be subject to the provisions of this Contract applicable to CONTRACTOR Personnel.

C.45.1 For any Subcontractor, CONTRACTOR shall:
a. Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
b. Ensure that the Subcontractor follows the COUNTY’s reporting formats and procedures as specified by the COUNTY; and
c. Include in the subcontractor’s subcontract substantially similar terms as are provided in CONTRACTOR RESPONSIBILITIES and GENERAL CONTRACT REQUIREMENTS Sections.

C.45.2 The COUNTY will not reimburse subcontractor directly for any services rendered.

C.45.3 Upon expiration or termination of this Contract for any reason, the COUNTY will have the right to enter into direct contracts with any of the Subcontractors. CONTRACTOR agrees that its arrangements with subcontractors will not prohibit or restrict such subcontractors from entering into direct contracts with the COUNTY.

C.46 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon CONTRACTOR or COUNTY, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. CONTRACTOR and COUNTY further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by CONTRACTOR for COUNTY.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 196 of 292

Page 23 of 29 ends

C.47 Termination for Convenience
The COUNTY and the CONTRACTOR each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the CONTRACTOR for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice CONTRACTOR shall promptly discontinue services unless the notice directs otherwise. CONTRACTOR shall deliver promptly to the COUNTY and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

Upon termination of this Contract, unless otherwise approved in writing by the COUNTY, any unexpended funds received by CONTRACTOR shall be returned to the COUNTY within thirty (30) days of the Notice of Termination.

C.48 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.49 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District.

D. TERM OF CONTRACT
This Contract is effective as of effective date and expires June 30, 2026, but may be terminated earlier in accordance with provisions of this Contract.

E. COUNTY RESPONSIBILITIES
E.1 OHS shall provide technical assistance to CONTRACTOR.

E.2 OHS shall participate in evaluating the progress of the overall program.

E.3 OHS shall monitor CONTRACTOR on a regular basis in regard to compliance with Contractual requirements.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed the total award/allocation amount referenced in Exhibit 1 – HHAP-2 AWARD BY CATEGORY. The consideration to be paid to CONTRACTOR, as provided herein, shall be in full payment for all CONTRACTOR’s services and expenses incurred in the performance hereof.

F.2 Quarterly disbursements will be made to CONTRACTOR based upon satisfactory performance under the terms of the Contract.

F.3 CONTRACTOR shall submit expenditure reports on forms provided by OHS quarterly for HHAP2 services performed under this Contract. All expenditure reports submitted shall clearly reflect all required information specified regarding the services provided for which the claims are made.

Expenditure reports shall be completed and forwarded to OHS within thirty (30) days after the last day of the months of March, June, September and December.

F.4 OHS will review supporting documentation and confirm satisfactory performance prior to processing quarterly disbursements. OHS may request additional supporting documentation and disallow portions of an expenditure report pending satisfactory documentation as determined by OHS. CONTRACTOR attests that by submitting an expenditure report to the COUNTY it has completed all due diligence necessary and verified eligibility of HHAP-2 funding.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 197 of 292

Page 24 of 29 ends

F.5 Should CONTRACTOR fail to meet performance requirements; including, but not limited to, failure to submit timely reports as contractually required, failure to correct issues, inappropriate expenditure reporting, timely and accurate HMIS data entry, and meeting performance outcomes expectations, the COUNTY may discontinue quarterly disbursements to CONTRACTOR and change to a cost reimbursement methodology.

If CONTRACTOR continues to fail to meet performance requirements, the COUNTY may, at its sole and absolute discretion, invoke Section I.2 CORRECTION OF PERFORMANCE DEFICIENCIES of the Contract.

F.6 CONTRACTOR shall accept all payments from the COUNTY via electronic funds transfer (EFT) directly deposited into the CONTRACTOR’s designated checking or other bank account.

CONTRACTOR shall promptly comply with directions and accurately complete forms provided by the COUNTY required to process EFT payments.

F.7 COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on CONTRACTOR or on any taxes levied on employee wages. The COUNTY shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the COUNTY pursuant to the Contract.

F.8 Funds made available under this Contract shall not supplant any Federal, State or any governmental funds intended for services of the same nature as this Contract. CONTRACTOR shall not claim reimbursement or payment from COUNTY for, or apply sums received from COUNTY with respect to that portion of its obligations that have been paid by another source of revenue. CONTRACTOR agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the COUNTY.

F.9 CONTRACTOR shall adhere to the COUNTY’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the COUNTY.

In addition, CONTRACTOR is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

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

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR’s employees or agents from waiving the right of subrogation MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 198 of 292

Page 25 of 29 ends

prior to a loss or claim. The CONTRACTOR hereby waives all rights of subrogation against the COUNTY.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the COUNTY.

G.5 Severability of Interests
The CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the CONTRACTOR and the COUNTY or between the COUNTY and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The CONTRACTOR shall furnish Certificates of Insurance to the COUNTY Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and CONTRACTOR shall maintain such insurance from the time CONTRACTOR commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, the CONTRACTOR shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this Contract does not comply with the requirements, is not procured, or is canceled and not replaced, the COUNTY has the right but not the obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by the COUNTY will be promptly reimbursed by the CONTRACTOR or COUNTY payments to the CONTRACTOR will be reduced to pay for COUNTY purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the COUNTY. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the COUNTY.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 199 of 292

Page 26 of 29 ends

G.11 Insurance Specifications
The CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the CONTRACTOR shall secure and maintain throughout the Contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a State-approved, self-insurance program in an 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 including volunteers providing services on behalf of the CONTRACTOR and all risks to such persons under this Contract.

If CONTRACTOR has no employees, it may certify or warrant to the COUNTY that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the COUNTY’s Director of Risk Management.

With respect to CONTRACTORs that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The CONTRACTOR shall carry General Liability Insurance covering all operations performed by or on behalf of the CONTRACTOR providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence.

The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the CONTRACTOR is transporting one or more non-employee passengers in performance of Contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 200 of 292

Page 27 of 29 ends

G.11.5 Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits or
Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits
or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other notfor-profit organizations advising or acting on behalf of the COUNTY.

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the Contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after Contract completion.

G.11.6 Abuse/Molestation Insurance – CONTRACTOR shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

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

H.2 The COUNTY or the State reserves the right to perform or cause to be performed a financial audit.

At the request of the COUNTY or the State, CONTRACTOR shall provide, at its own expense, a financial audit prepared by a certified public accountant. If there are audit findings, CONTRACTOR must submit a detailed response acceptable to the COUNTY and/or the State for each audit finding within ninety (90) days from the date of the audit finding report.

H.3 If audit findings reveal ineligible/disallowed expenditures, CONTRACTOR will be required to repay disbursed funds to the COUNTY.

H.4 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by COUNTY representatives for a minimum period of five (5) years after termination of this Contract or until all pending COUNTY, State and Federal audits are completed, whichever is later.

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

I.1.1 CONTRACTOR’s failure to comply with the terms and conditions of this Contract; I.1.2 Use of, or permitting the use of, HHAP-2 funds provided under this Contract for any ineligible activities; or
I.1.3 Any failure to comply with the deadlines set forth in this Contract.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 201 of 292

Page 28 of 29 ends

I.2 In the event of a non-cured breach, the COUNTY may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

I.2.1 Afford CONTRACTOR thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of the COUNTY.

I.2.2 Notwithstanding any other provision of this Contract, the COUNTY may withhold payments to CONTRACTOR, if CONTRACTOR has been given notice of any deficiency(ies) and has failed to correct such deficiency(ies). Such deficiency(ies) may include, but are not limited to: failure to provide services described in this Contract; Federal, State, and COUNTY audit exceptions resulting from noncompliance; violations of pertinent Federal and State laws and regulations; and significant performance problems as determined by the COUNTY or State from monitoring visits.

I.2.3 The COUNTY has the sole and absolute discretion to revoke full or partial provisions of the Contract, delegated activities or obligations, or application of other remedies permitted by State or Federal law when the COUNTY or State determines CONTRACTOR has not performed satisfactorily.

I.2.4 Terminate this Contract immediately and be relieved of the payment of any consideration to CONTRACTOR. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by the COUNTY. The cost to the COUNTY shall be deducted from any sum due or disbursed to the CONTRACTOR under this Contract and the balance, if any, shall be paid by the CONTRACTOR upon demand.

I.3 In addition to any other remedies that may be available to the COUNTY in law or equity for breach of this Contract, the COUNTY may:

I.3.1 Bar the CONTRACTOR from applying for future HHAP-2 funds; I.3.2 Revoke any other existing HHAP-2 award(s) to the CONTRACTOR; I.3.3 Require the return of any unexpended HHAP-2 funds disbursed under this Contract; I.3.4 Require repayment of HHAP-2 funds expended under this Agreement; and I.3.5 Seek such other remedies as may be available under this Contract or any law.

I.4 All remedies available to the COUNTY are cumulative and not exclusive.

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

San Bernardino County
Office of Homeless Services
Attn: Tom Hernandez, Chief of Homeless Services
215 North D. Street, Suite 301
San Bernardino, CA 92415-0044
City of Montclair
Attn: Alyssa Colunga, Assistant Director of
Human Services & Grants Manager
5111 Benito Street
Montclair, CA 91763
Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph.

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

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 202 of 292 Revised 10/13/2020 Page 29 of 29
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

IN WITNESS WHEREOF, San Bernardino County and the CONTRACTOR have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Martha Zepeda, Deputy Executive Officer Date Date Date

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

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

Deputy
Address
5111 Benito Street
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 203 of 292 Exhibit 1

Page 1 of 1 ends

Award by Category
City of Montclair
$20,000 Category: Prevention
Case Management- contract services to provide case management to clients who are homeless or at risk of homelessness
$21,085 Category: Rental Assistance
Rental assistance and hotel vouchers provided to families and individuals who are homeless or at risk of homelessness.

City of Montclair’s proposed Prevention and Rental Assistance Programs, totaling $150,000, have been partially awarded the HHAP-2 grant amount, up-to and not-to-exceed of $41,085 in Prevention and Rental Assistance expenses as identified above
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 204 of 292 Exhibit 2

Page 1 of 1 ends

SCOPE OF WORK

CITY OF MONTCLAIR
CONTRACTOR will use strategies implemented will follow the Housing First Policy and align with the San Bernardino County 10-year strategy update recommendations for individuals and families who are chronically homeless. A comprehensive outreach program will be implemented by culturally competent staff and volunteers from the community with the goal of providing rental assistance or rapid rehousing. The primary goal will be to house the individual’s experiencing homelessness or those at risk of homelessness and to provide the services needed to prevent them from returning to homelessness. The City of Montclair Outreach team consists of a code enforcement personnel with 30 years of experience in working with individuals who are homeless, and volunteers from the community who are relatable to the population that we serve. The Outreach team operates on the core value of treating every person they come in contact with dignity and respect, while engaging them in services that will promote a positive transformation. Our team meets individuals where they are in the community and customizes services offered based on the needs of the client. The City of Montclair Homeless Outreach program does not work in isolation, the program partners with a multitude of organizations across multiple counties to provide the services needed to our clients.

The City will utilize a progressive engagement approach through one-on-one contact with homeless individuals throughout the City:

I. Each individual is provided comprehensive information of resources available to them.

II. Each individual who is willing to accept help will:
a. have their information entered into the Coordinated Entry System to assess resources that best fit the individual’s needs; and
i. if they are currently homeless:

1. they will be transported to various in-house rehabilitation centers, sober living homes, as well as faith-based facilities throughout Los Angeles, San Bernardino, and Riverside County; or

2. the individual will be provided temporary housing until resources become available
ii. If the individual is at risk of homelessness:

1. they will be provided with assistance including rental assistance, hotel vouchers, cost of utilities, and/or other emergency needs to allow the individual to remain housed or to obtain permanent housing iii. All individuals will be connected with partner organizations In addition, to remove barriers for housing, individuals with pending criminal charges and/or warrants for their arrest are represented in court by a private attorney that works closely with the Code Enforcement Unit to dismiss existing criminal charges and/or warrants pending completion of an in-house rehabilitation center or other treatment.

Measurable Outcomes:
 At least 17 individuals will be referred to resources annually  At least 5 individuals will be housed annually.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 205 of 292 Exhibit 3

Page 1 of 1 ends

HHAP-2 REPORTING REQUIREMENTS
A. Detailed reports containing, at minimum, the following information:

1. Amount awarded to Contractor with activity(ies) identified;

2. Contract expenditures;

3. Unduplicated number of homeless persons and households served by HHAP-2 funds;

4. Unduplicated number of persons and households at imminent risk of homelessness served by HHAP-2 funds;

5. Number of instances of service;

6. Increases in capacity for new and existing programs;

7. Number of unsheltered homeless persons and homeless households becoming sheltered; and

8. Number of homeless persons and homeless households entering permanent housing.

9. Number of homeless persons and households successfully exited from HHAP-2 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-2.

10. Number of persons and households at imminent risk of homelessness successfully exited from HHAP-2 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-2.

B. Breakdowns will be expected for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development:

1. Chronically homeless

2. Homeless veterans

3. Unaccompanied homeless youth

4. Homeless persons in families with children
C. Counts by subpopulation will not be required in cases where that information is unavailable, but is expected in cases where client information is entered in the Homeless Management Information System (HMIS).

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 206 of 292 Exhibit 4

Page 1 of 1 ends

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 207 of 292 Exhibit 5

Page 1 of 3 ends

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 208 of 292 Exhibit 5

Page 2 of 3 ends

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 209 of 292 Exhibit 5

Page 3 of 3 ends

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 210 of 292 Exhibit 6

Page 1 of 2 ends

State of California

WELFARE AND INSTITUTIONS CODE
Section 8255
8255. For purposes of this chapter:
(a) “Coordinating council” means the Homeless Coordinating and Financing Council established pursuant to Section 8257.
(b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-comefirst-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. (c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer-term rental assistance, income assistance, or employment.
(B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 211 of 292 Exhibit 6

Page 2 of 2 ends

appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of Federally funded programs with requirements inconsistent with this chapter or programs that fund emergency shelters. (Added by Stats. 2016, Ch. 847, Sec. 2. (SB 1380) Effective January 1, 2017.) MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 212 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: EDD100/MHA100
DEPT.: ECONOMIC DEV./MHA
PREPARER: M FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3342 APPROVING AGREEMENT NO. 22–26, AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY, MHC, AND MHA; AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY LOCATED AT 5072 MORENO STREET TO THE MONTCLAIR HOUSING AUTHORITY; AND

DECLARING THE REAL PROPERTY TO BE EXEMPT SURPLUS LAND
CONSIDER ADOPTION OF MONTCLAIR HOUSING AUTHORITY RESOLUTION NO. 22– 01 APPROVING AGREEMENT NO. 22–26, AN AFFORDABLE HOUSING AGREEMENT,

AND ACCEPTING THE TRANSFER OF CERTAIN REAL PROPERTY FROM THE CITY OF

MONTCLAIR
CONSIDER ADOPTION OF MONTCLAIR HOUSING CORPORATION RESOLUTION NO. 22–01 APPROVING AGREEMENT NO. 22–26, AN AFFORDABLE HOUSING AGREEMENT CONSIDER AUTHORIZATION OF A $40,000 APPROPRIATION FROM THE HOUSING TRUST FUND FOR REHABILIATION OF THE PROPERTY LOCATED AT 5072 MORENO STREET
REASON FOR CONSIDERATION: Proposed Agreement No. 22–26 is an Affordable Housing Agreement between the City of Montclair (City), the Montclair Housing Authority (MHA), and the Montclair Housing Corporation (MHC) for the conveyance of real property located at 5072 Moreno Street (Property) and the subsequent leasing and operations of said Property as an affordable housing unit.

Proposed Resolution No. 22–3342 would approve entering into Agreement No. 22–26 and would authorize the transfer of Property from the City to the MHA.

Proposed MHA Resolution No. 22–01 would approve entering into Agreement No. 22–26 and accept the transfer of Property from the City to the MHA.

Proposed MHC Resolution No. 22–01 would approve entering into Agreement No. 22–

26. A copy of the proposed resolutions and agreement are attached for review and consideration.

BACKGROUND: In June 1987, the former Redevelopment Agency (RDA) Board of Directors adopted the Central Avenue Single–family Acquisition Policy (Policy) authorizing staff to make purchase offers on single–family residences along the Central Avenue corridor, subject to the former Redevelopment Agency Board of Directors’ approval.

The Policy was later expanded to include areas along Central Avenue or in high visibility locations. Pursuant to the Policy, a total of 17 single–family homes were purchased by the former RDA before its dissolution.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 213 of 292 With the dissolution of community redevelopment agencies in 2011 (ABX1 26) California Supreme Court’s decision in California Redevelopment Association v. Matosantos, the City Council elected to continue the Policy of the former RDA of acquiring single–family residences along the Central Avenue corridor or in locations of high visibility and further expanded the Policy to included residences along all of the City’s major corridors.

The properties formerly owned by the RDA were transferred to the Montclair Housing Authority (MHA), the successor housing entity, and are currently renting to low– to– moderate–income families and are managed by the Montclair Housing Corporation (MHC). MHC is a nonprofit public–benefit corporation organized to increase, improve, and preserve affordable housing in the City of Montclair.

The rents and other income from the MHC belong to the MHA; however, they are granted to the MHC for use in covering expenses of operating the various housing units. The amount of rent collected from renters is established by the State Department of Housing and Community Development and varies based on income levels. 5072 Moreno Avenue
At its meeting on March 16, 2020, the City Council approved Agreement No. 20–21, a Purchase and Sale Agreement with Dolores Casa Fimbres for a single–family residence located at 5072 Moreno Street (Property).

The subject Property is located on a highly visible and desirable portion of Moreno Street, directly north of Montclair Place, thereby meeting the criteria established in the City Council’s Policy to acquire properties along the City’s major corridors and areas of high visibility.

The Property was built in 1962, and the lot area is 8,449 square feet. The dwelling unit is 1,458 square feet, with three bedrooms and two bathrooms. Due to the age of the Property and in order to bring the Property up to code, staff is recommending several improvements to the residential unit. The bulk of the improvements to the Property would address a general property clean–up, paint, fence replacement, bathroom updates, and new landscaping. In addition, due to current drought conditions, a simple water–efficient landscape–planting design for the rear and front yards is also recommended.

The proposed improvements alone would have an immediate positive impact on the neighborhood. Staff is requesting that a $40,000 appropriation from the Montclair Housing Corporation Fund be authorized to fund the recommended repairs to the Property.

Agreement No. 22–26 Affordable Housing Agreement
To meet the City’s Regional Housing Needs Assessment (RHNA), a representation of future housing needs for all income levels in a region, staff recommends the Property be operated as a rental unit made available to low–to–moderate–income persons.

As such, staff has prepared Agreement No. 22–26, an Affordable Housing Agreement by and between the City, MHA, and MHC.

Proposed Agreement No. 22–26 contains language related to the conveyance of the Property, compliance with applicable laws, use of the property, remedies, and general provisions. The more salient points of proposed Agreement No. 22–26 relate to the conveyance of fee title of Property from the City to the MHA and leasing of the Property MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 214 of 292 from the MHA to the MHC for the day–to–day operation of the Property, as well as the rehabilitation and rental of the Property to low–to–moderate–income persons.

Proposed Resolution No. 22–3342 would approve entering into Agreement No. 22–26 and authorize the transfer of property from the City to the MHA.

Proposed MHA Resolution No. 22–01 would approve entering into Agreement No. 22–26 and accept the transfer of Property from the City to the MHA.

Proposed MHC Resolution No. 22–01 would approve entering into Agreement No. 22–

26. FISCAL IMPACT: Adopting Agreement No. 22–26 would produce no fiscal impact on the City of Montclair General Fund.

Staff is recommending authorization of $40,000 from the Montclair Housing Corporation to cover estimated costs for rehabilitation of the property.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3342 approving Agreement No. 22–26, an Affordable Housing Agreement between the City of Montclair, Montclair Housing Authority, and Montclair Housing Corporation; authorizing the transfer of certain real property located at 5072 Moreno Street to the Montclair Housing Authority; and declaring the real property to be exempt surplus land.

Staff recommends the Montclair Housing Authority Commissioners adopt Resolution No. 22–01 approving Agreement No. 22–26, an Affordable Housing Agreement, and accepting the transfer of certain real property located at 5072 Moreno Street from the City of Montclair.

Staff recommends the Montclair Housing Corporation Board of Directors take the following actions:

1. Adopt Resolution. No. 22–01 approving Agreement No. 22–26, an Affordable Housing Agreement.

2. Authorize a $40,000 appropriation from the Housing Trust Fund for rehabilitation of the property located at 5072 Moreno Street.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 215 of 292

AFFORDABLE HOUSING AGREEMENT
by and among the

MONTCLAIR HOUSING AUTHORITY
and the

CITY OF MONTCLAIR
and the

MONTCLAIR HOUSING CORPORATION
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 216 of 292 i

TABLE OF CONTENTS

1. DEFINITIONS .......................................................................................................................... 1

2. CONVEYANCE OF THE PROPERTY ................................................................................... 2

2.1 Conveyance of Fee Title ............................................................................................... 2

2.2 Lease Terms .................................................................................................................. 3

2.3 Conditions Precedent to Commencement of Lease ...................................................... 3

3. COMPLIANCE WITH LAWS ................................................................................................. 3

4. USE OF THE PROPERTY ....................................................................................................... 4

4.1 Use In Conformance with Agreement .......................................................................... 4

4.2 Affordable Rental Housing ........................................................................................... 4

4.3 Occupancy Standards .................................................................................................... 5

4.4 Management and Maintenance ..................................................................................... 5

4.5 Rights of Access ........................................................................................................... 6

4.6 Nondiscrimination ......................................................................................................... 7

4.7 Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction .......................................................................................... 8

5. REMEDIES ............................................................................................................................... 8

5.1 Events of Default .......................................................................................................... 8

5.2 Remedies ....................................................................................................................... 8

5.3 Force Majeure ............................................................................................................... 8

5.4 Attorneys’ Fees ............................................................................................................. 9

5.5 Remedies Cumulative ................................................................................................... 9

5.6 Waiver of Terms and Conditions .................................................................................. 9

5.7 Non-Liability of Authority Officials and Employees ................................................... 9

6. GENERAL PROVISIONS ........................................................................................................ 9

6.1 Time .............................................................................................................................. 9

6.2 Notices .......................................................................................................................... 9

6.3 Representations and Warranties of Operator .............................................................. 10

6.4 Limitation Upon Change in Ownership, Management and Control of Operator ........ 10

6.5 No Third Parties Benefited ......................................................................................... 11

6.6 Partial Invalidity .......................................................................................................... 11

6.7 Governing Law ........................................................................................................... 11

6.8 Amendment ................................................................................................................. 11

6.9 Approvals .................................................................................................................... 11 ATTACHMENT NO. 1 – LEGAL DESCRIPTION
ATTACHMENT NO. 2 – LEASE
ATTACHMENT NO. 3 – CITY DEED
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 217 of 292

AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the “Agreement”) is hereby entered into as of August 15, 2022 (the “Date of Agreement”), by and among the MONTCLAIR HOUSING AUTHORITY, a public body, corporate and politic (the “Authority”), the and MONTCLAIR HOUSING CORPORATION, a California nonprofit public benefit corporation (the “Operator”).

RECITALS
A. Authority is a housing authority duly established and operating as a local housing authority pursuant to the California Housing Authority Law, Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code (“Housing Authority Law” or “HAL”).

B. City is the owner of that certain single family house located within the corporate limits of the City of Montclair, located at 5072 Moreno Street, Montclair, California (the “Property” or the “House”). The Property is further described in the Legal Description which is attached hereto as Attachment No. 1.

C. City desires to convey to Authority the Property and Authority desires to acquire the Property from the City as provided herein.

D. Upon acquiring the Property, Authority intends to lease the Property to the Operator for the operation of the Property as an affordable rental housing resource for households of “Low Income” as defined below.

E. The transaction contemplated by this Agreement is in the vital and best interest of the City and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.

NOW, THEREFORE, the parties hereto agree as follows:

1. DEFINITIONS. The following terms shall have the following definitions for the purpose of this Agreement:
“Additional Rent” is defined in Section 2.2 hereof.
“Affordable Rent” is defined in Section 4.2(f) hereof.
“Authority” means the Montclair Housing Authority, a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California, and any assignee of or successor to its rights, powers and responsibilities.
“Agreement” means this Affordable Housing Agreement among Authority, City, and Operator.
“Authority Executive Director” means the Executive Director of the Authority or his or her designee.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 218 of 292 2 “City” means the City of Montclair, California, a California municipal corporation. “City Code” means and refers to the City of Montclair Linda Municipal Code as revised from time to time.
“City Deed” means a grant deed substantially in the form of Attachment No. 3. “Date of Agreement” is defined in the first paragraph of this Agreement. “Event of Default” means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure, as set forth in Section 5.1 hereof.
“House” means the single family house which is located on and constitutes part of the Property.
“Housing Authority Law” or “HAL” has the meaning set forth therefor in Recital A. “Low Income Household” shall mean a household earning not greater than eighty percent (80%) of San Bernardino County median income as determined pursuant to Health and Safety Code Section 50079.5.
“Net Profits” shall mean all gross income from the Property, including without limitation rents and interest on security deposits, less the sum of the Operating Expenses. “Operating Expenses” shall mean actual, reasonable and customary costs, fees and expenses directly incurred and attributable to the operation, maintenance, and management of the Property. The Operating Expenses shall not include non-cash expenses, including without limitation, depreciation. “Operator” means the Montclair Housing Corporation, a California nonprofit public benefit corporation.
“Parties” means, collectively, City, Authority, and Operator. “Property” means the single family house in the City of Montclair located at 5072 Moreno Street, Montclair, California, and described in the Legal Description. “Property Value” means the amount of _____________ Dollars ($__________). The Property Value is mutually believed by each of the Parties to represent the fair market value of the Property as of the Date of Agreement.
“Redevelopment Plan” means the redevelopment plan adopted by the City for Redevelopment Project No. V (the “Redevelopment Project”) as heretofore amended.

2. CONVEYANCE OF THE PROPERTY.

2.1 Conveyance of Fee Title. City agrees to convey to Authority the Property by the City Deed. The purchase price payable by Authority to City in consideration of the conveyance of the Property shall be One Dollar ($1.00) (the “Authority Purchase Price”); provided that City may waive receipt of Authority Purchase Price. Upon request therefor by Authority, City will, in connection MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 219 of 292 3 with the conveyance of the Property, provide to Authority an owner’s standard ALTA policy of title insurance as to the Property by a title insurer mutually acceptable to City an Authority, with the policy to be based upon the Property Value (the “Authority Title Policy”). Any and all documentary transfer taxes, recording fees, escrow charges, premiums for title insurance, and any costs associated with the conveyance of the Property to Authority shall be borne by City.

2.2 Lease Terms. Subject to the satisfaction of all of the conditions precedent to commencement of the Lease set forth in Section 2.3 hereof, the Authority shall lease the Property to the Operator for a fifteen (15) year term at a base rental amount of One Dollar ($1.00) per year, together with the “Additional Rent” as set forth below. The terms and conditions of such lease shall be set forth in a “Lease” to be executed by the Authority and the Operator in the form of Attachment No. 2 which is attached hereto and incorporated herein.

At the end of each operating year, the Operator shall calculate total gross operating revenue for that year, and shall thereupon pay to the Authority as “Additional Rent” an amount equal to Net Profits, which equals total gross operating revenue less the Operating Expenses for that year. If total gross revenue from the Property for that year is less than the Operating Expenses, no Additional Rent shall be payable and the Operator shall be responsible for such additional costs from its own funds, and shall not be entitled to additional compensation from the Authority or be entitled to reduce the required level of services. The Authority and its authorized representatives shall, at all times, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of the Operator which in any manner relate to the expenses and revenues of the Property under this Agreement and the Operator’s obligations hereunder. The Operator’s staff shall cooperate fully with authorized auditors when they conduct audits and examinations of Authority funded programs. Within thirty (30) days of the submittal of such audit report, the Operator shall provide a written response to all conditions or findings reported in such audit report. The response must discuss each condition or finding and set forth a proposed resolution, including a schedule for correcting any deficiency. All conditions or correction actions shall take place within six (6) months after receipt of the audit report unless the Authority Executive Director or designee authorizes an extension of time to submit such corrections.

2.3 Conditions Precedent to Commencement of Lease. Prior to and as conditions to the Authority’s execution of and the commencement of the Lease: (i) City shall have conveyed title to the Property to Authority; (ii) if requested by Authority, City shall have caused to be delivered to Authority the Authority Title Policy; (iii) Operator shall have executed the Lease; and (iv) Operator shall have provided proof of insurance (certificates) conforming to Section 3.7 of this Agreement.

3. COMPLIANCE WITH LAWS. Operator shall carry out the operation of the Property in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 220 of 292 4 4. USE OF THE PROPERTY.

4.1 Use in Conformance with Agreement. The Operator covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof that, during the term of this Agreement, the Operator, such successors and such assignees, shall use, operate and maintain the Property in conformity with this Agreement and shall devote the Property to the uses specified in this Agreement for the periods of time specified therein.

4.2 Affordable Rental Housing.
(a) Number of Units. Upon the commencement of the Lease, the Operator agrees to make available, restrict occupancy to, and rent the House to Low Income Households, at an Affordable Rent.
(b) Lease Requirements. Prior to rental of the House within the Property, the Operator shall submit a standard lease form to the Authority for the Authority’s approval. The Authority Executive Director, or designee, shall reasonably approve such lease form upon finding that such lease form is consistent with this Agreement. The Operator shall enter into a lease, in the form approved by the Authority, with each tenant of the House. (c) Duration of Affordability Requirements. The House shall be subject to the requirements of this Section 4.2 for a period coextensive with the term of the Lease. The duration of this requirement shall be known as the “Affordability Period.” All tenants residing in the House during the last two (2) years of the Affordability Period shall be given notice at least once every six (6) months of the expiration date of this requirement, and that the rent payable on the House may be raised to a market rate rent at the end of the Affordability Period. (d) Selection of Tenants. The House shall be leased to tenants selected by the Operator who meet all of the requirements provided herein. The Authority may, from time to time, assist in the leasing of the House by providing to the Operator names of persons who have expressed interest in renting the House. The Operator shall adopt a tenant selection system, which shall be approved by the Authority Executive Director, or designee. The tenant selection system shall include, without limitation, a method for investigation of the credit history of proposed tenants through obtaining a credit report on the proposed tenant. Highest priority in the selection of tenants shall be given to those applicants who have been displaced by Authority projects, if any. (e) Income of Tenants. Prior to the rental or lease of the House to tenants, and annually thereafter, the Operator shall obtain an income certification from each tenant of the Property. The Operator shall verify the income certification of the tenant in one or more of the following methods:
(1) obtain two (2) paycheck stubs from the tenant’s two (2) most recent pay periods, if any.
(2) obtain a true copy of an income tax return from the tenant for the most recent tax year in which a return was filed.
(3) obtain an income verification certification from the employer of the tenant.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 221 of 292 5 (4) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies.
(5) obtain a credit report from a commercial credit reporting agency.
(6) obtain an alternate form of income verification reasonably requested by the Operator, if none of the above forms of verification is available to the Operator.

A person or family who at the time of income certification qualified as a Low Income Household shall continue to be deemed so qualified until such time as the person or family’s income is redetermined and the person or family is determined by the Operator to no longer be so qualified, even if such person or family’s income has subsequently increased to an amount above the applicable income level. Upon the Operator’s determination that the tenant is no longer qualified as a Low Income Household, such tenant shall no longer be eligible to rent such House and shall be given a written notice which requires such tenant to vacate the House within sixty (60) days, and the Operator shall provide assistance to such tenants in finding another appropriate rental unit in the vicinity. The tenant lease shall contain the above provisions. In addition, the Operator shall annually submit to the Authority a certification that the House is actually occupied by a Low Income Household in the form which is provided by the Authority.
(f) Determination of Affordable Rent for the Property. The House shall be rented at an “Affordable Rent” to be established by the Authority as provided herein. The maximum monthly rental amount for the House shall be established at not greater than the lesser of (a) fair market rent, as reasonably determined by the Operator, or (b) thirty percent (30%) of sixty percent (60%) of San Bernardino County median income for a household size appropriate for the House or, if greater, the amount determined pursuant to Health and Safety Code section 50053(b)(3). For purposes of this Section 4.2, “rent” means the total of monthly payments for (a) use and occupancy of the House and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by the Operator which are required of all tenants, other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone service, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Operator. The Authority may in its discretion base the utilities allowance on a utilities allowance adopted in connection with the Section 8 program administered by the United States Department of Housing and Urban Development. Household size appropriate to the unit shall mean two persons for a one bedroom House, three persons for a two bedroom House, four persons for a three bedroom House, and five persons for a four bedroom House. Upon the approval of the Authority or the Authority Executive Director, rents may be established at amounts which are lower than the maximum monthly rental amounts set forth above.

4.3 Occupancy Standards. Occupancy of the House shall be limited to five (5) persons.

4.4 Management and Maintenance. The Operator shall manage and maintain the Property in conformity with the City Code. The following standards shall be complied with by Operator and its maintenance staff, contractors or subcontractors:

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 222 of 292 6 (a) Operator shall maintain the Property in a safe and sanitary fashion and in first class condition for single family houses of their age and type. (b) Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
(c) Clean-up maintenance shall include, but not be limited to: maintenance of all private paths, parking areas, driveways and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
(d) All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. (e) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied only by persons possessing valid California applicators licenses, and in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. (f) Operator shall make such capital repairs to the Property as are necessary, including the following: carpet and drape replacement; appliance replacement; exterior painting, hot water heater replacement; plumbing fixtures replacement, including tubs and showers, toilets, lavatories, sinks, faucets; air conditioning and heating replacement; asphalt repair and replacement, and seal coating; roofing repair and replacement; landscape tree replacement and irrigation pipe and controls replacement; gas line pipe replacement; and lighting fixture replacement.

If, at any time, the Operator or the management company fails to adequately maintain such areas, and such condition is not corrected immediately upon notice of an imminent threat to health and safety or after expiration of thirty (30) days from the date of written notice from the Authority for all other violations, the Authority may (but shall not be obligated to) perform the necessary maintenance and Operator shall pay such costs as are reasonably incurred for such maintenance.

4.5 Rights of Access. The Authority, for itself and for the City and other public agencies, at their sole risk and expense, shall have the right to inspect the Property. Any such inspection shall be made only after reasonable notice to Operator. Upon receipt of such notice, the Operator agrees to cooperate with the Authority in making the Property available for inspection by the Authority and/or City. Operator acknowledges and agrees that in the event that if for any reason the Operator fails to consent to such entry or inspection, the Authority may obtain an administrative MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 223 of 292 7 inspection warrant or take such other legal actions as may be necessary to gain entry to and inspect the Property. Authority shall indemnify and hold Operator harmless from any costs, claims, damages or liabilities pertaining to any entry.

4.6 Nondiscrimination. The Operator covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Operator itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site or any portion thereof. The foregoing covenants shall run with the land.

The Operator shall refrain from restricting the rental, sale or lease of the Property on the basis of race, color, creed, religion, sex, marital status, disability, familial status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
(b) In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 224 of 292 8 subject to this agreement nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises.”
The covenants established in this Agreement and the Lease for the Property shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Authority, its successors and assigns, the City and any successor in interest to the Property. The covenants against discrimination shall remain in effect in perpetuity. However, nothing in this Section 4.6 shall give the Operator any additional rights to convey a fee or leasehold interest in the Property except as otherwise authorized by this Agreement.

4.7 Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding upon and for the benefit and in favor of the Operator and the Authority, their respective successors and assigns, as to those covenants which are for their benefit. The covenants contained in this Agreement shall remain in effect until the expiration of the Affordability Period. The covenants against discrimination shall remain in perpetuity. The Authority is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Authority, without regard to whether the Authority has been, remains or is an owner of any land or interest therein in the Property or in the Redevelopment Project area. The Authority shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.

5. REMEDIES.

5.1 Events of Default. An “Event of Default” shall occur under this Agreement when there shall be a material breach of any condition, covenant, warranty, promise or representation contained in this Agreement and such breach shall continue for a period of thirty (30) days after written notice thereof to the defaulting party without the defaulting party curing such breach, or if such breach cannot reasonably be cured within such thirty (30) day period, commencing the cure of such breach within such thirty (30) day period and thereafter diligently proceeding to cure such breach; provided, however, that if a different period or notice requirement is specified for any particular breach under any other paragraph of this Agreement, the specific provision shall control.

5.2 Remedies. The occurrence of any Event of Default shall give the nondefaulting party the right to proceed with any and all remedies set forth in this Agreement, including an action for damages, an action or proceeding at law or in equity to require the defaulting party to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions of this Agreement, and the right to terminate this Agreement.

5.3 Force Majeure. Subject to the party’s compliance with the notice requirements as set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 225 of 292 9 assaults, acts of God, acts of the public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, acts or omissions of the other party, acts or failures to act of any public or governmental entity (except that the Authority’s acts or failure to act shall not excuse performance of the Authority hereunder), or any other causes beyond the control and without the fault of the party claiming an extension of time to perform. An extension of the time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause.

In addition to the foregoing, following the acquisition of the Property by Authority, the Authority Executive Director shall have the authority to extend times for performance by up to one hundred eighty (180) days in the aggregate without necessity of further action by the governing board of the Authority.

5.4 Attorneys’ Fees. In addition to any other remedies provided hereunder or available pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing party shall be entitled to recover from the other party its costs of suit, including without limitation expert witness fees, and reasonable attorneys’ fees.

5.5 Remedies Cumulative. No right, power, or remedy given to the Authority by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the Authority by the terms of any such instrument, or by any statute or otherwise against Operator and any other person.

5.6 Waiver of Terms and Conditions. The Authority may, in its sole discretion, waive in writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.

5.7 Non-Liability of Authority Officials and Employees. No member, official, employee or agent of the City or Authority shall be personally liable to Operator, or any successor in interest, in the event of any default or breach by the Authority or for any amount which may become due to Operator or its successors, or on any obligations under the terms of this Agreement.

6. GENERAL PROVISIONS.

6.1 Time. Time is of the essence in this Agreement.

6.2 Notices. Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, or by personal delivery, addressed to the appropriate party at the following addresses:

Authority: Montclair Housing Authority
5111 Benito Street
Montclair, California 91763
Attention: Executive Director
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 226 of 292 10 Lessee: Montclair Housing Corporation
5111 Benito Street
Montclair, California 91763
Attention: Executive Director
City: City of Montclair
5111 Benito Street
Montclair, California 91763
Attention: City Manager

6.3 Representations and Warranties of Operator. Operator hereby represents and warrants to the Authority as follows:
(a) Organization. Operator is a duly organized, validly existing nonprofit corporation in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) Authority of Operator. Operator has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.
(c) Valid Binding Agreement. This Agreement and all other documents or instruments which have been executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Operator enforceable against it in accordance with their respective terms.
(d) Pending Proceedings. Operator is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Operator, threatened against or affecting Operator, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Operator, materially affect Operator’s ability to perform its obligations hereunder.

6.4 Limitation Upon Change in Ownership, Management and Control of Operator.
(a) Prohibition. The identity and qualifications of Operator are of particular concern to the Authority. It is because of this identity and these qualifications that the Authority has entered into this Agreement with Operator. No voluntary or involuntary successor in interest of Operator shall acquire any rights or powers under this Agreement by assignment or otherwise, nor shall Operator make any total or partial sale, transfer, conveyance, encumbrance to secure financing, assignment or lease of the whole or any part of the Property without the prior written approval of the Authority, which approval may be granted, conditionally granted, or denied at the sole and absolute discretion of the Authority Executive Director; provided that the rental of the Property by Operator to a Low Income household at Affordable Rent in conformity with the Lease shall not require the specific approval by the Authority Executive Director.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 227 of 292 11 (b) Successors and Assigns. This Agreement shall run with the land, and all of the terms, covenants and conditions of this Agreement shall be binding upon Operator and the permitted successors and assigns of Operator. Whenever the term “Operator” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.

6.5 No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the Authority, its successors and assigns, City, successors and assigns, and Operator, its permitted successors and assigns, and no other person or persons shall have any right of action hereon.

6.6 Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

6.7 Governing Law. This Agreement and other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California. Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes or regulations, or amendments thereto.

6.8 Amendment. This Agreement may not be changed orally, but only by agreement in writing signed by Operator and the Authority.

6.9 Approvals. Where an approval or submission is required under this Agreement, such approval or submission shall be valid for purposes of this Agreement only if made in writing. Where this Agreement requires an approval or consent of the Authority, such approval may be given on behalf of the Authority by the Authority Executive Director or his or her designee. The Authority Executive Director or his or her designee is hereby authorized to take such actions as may be necessary or appropriate to implement this Agreement, including without limitation the execution of such documents or agreements as may be contemplated by this Agreement. The Authority Executive Director is authorized to execute amendments of this Agreement so long as such amendments do not materially increase the costs to be incurred by the Authority hereunder or materially decrease the revenues to be received by the Authority hereunder.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 228 of 292 S-1
IN WITNESS WHEREOF, the Authority, City, and the Operator have executed this Agreement as of the date set forth above.

MONTCLAIR HOUSING AUTHORITY,
a public body corporate and politic
By:

Authority Executive Director

CITY OF MONTCLAIR,
a municipal corporation
By:

City Manager

MONTCLAIR HOUSING CORPORATION,
a California nonprofit public benefit corporation
By:

Its:

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 229 of 292 Attachment No. 1

Page 1 of 1 ends

ATTACHMENT NO. 1

LEGAL DESCRIPTION
That certain real property located in the State of California, County of San Bernardino, City of Montclair, and described as follows:

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 230 of 292 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 231 of 292 Attachment No. 2

Page 1 of 26 ends

ATTACHMENT NO. 2
LEASE
By and Between

THE MONTCLAIR HOUSING AUTHORITY
and

MONTCLAIR HOUSING CORPORATION
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 232 of 292 LEASE
THIS LEASE (the “Lease”) is made as of August 15, 2022, by and between the MONTCLAIR HOUSING AUTHORITY, a public body, corporate and politic (the “Authority” or “Lessor”), and MONTCLAIR HOUSING CORPORATION, a California nonprofit public benefit corporation (the “Operator” or “Lessee”).

SECTION 1. SUBJECT OF LEASE.

1.1 Purpose of the Lease. The purpose of this Lease is to effectuate the Affordable Housing Agreement by and among the Authority, the City of Montclair, a municipal corporation (the “City”), and the Operator dated August 15, 2022 (the “Agreement”), by providing for the lease of the “Property” (as hereinafter defined) within the Redevelopment Project area to Lessee and the sublease of the Property to Low Income Persons. The Agreement, which is available in the offices of the Authority as a public record, is incorporated herein by reference and made a part hereof as though fully set forth herein.

1.2 The Redevelopment Plan. As of the “Commencement Date” (as hereinafter defined), the “Property” (as hereinafter defined) is in compliance with the Redevelopment Plan for the Redevelopment Project.

SECTION 2. LEASE OF THE PROPERTY.

The Authority, for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of Lessee to be paid, kept, performed and observed by Lessee, hereby leases to Lessee, and Lessee hereby leases from Authority, that certain real property consisting of a single family house in the City of Montclair (the “City”) located at 5072 Moreno Street (the “House”), and having the legal description in the “Legal Description” attached hereto as Exhibit A and incorporated herein by this reference. Except as expressly provided to the contrary in this Lease, reference to the Property is to the described land, inclusive of any improvements now or hereafter located on the land.

SECTION 3. LEASE TERM.

Lessee shall lease the Property from Authority and Authority shall lease the Property to Lessee for a term commencing on August 15, 2022 (the “Commencement Date”) and continuing until [August 15, 2037] (the “Term”), unless sooner terminated as provided for herein. The term “Lease Year” shall mean a period commencing on the Commencement Date or an anniversary thereof and continuing for one full calendar year thereafter.

SECTION 4. USE OF THE PROPERTY.

4.1 Use of the Property. Lessee covenants and agrees for itself, its successors and assigns, that during the Term, the Property shall be devoted to those uses as set forth in the Agreement and the Redevelopment Plan.

Attachment No. 2

Page 2 of 26 ends

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 233 of 292 Attachment No. 2

Page 3 of 26 ends

4.2 Management. Lessee shall manage or cause the Property to be managed in a prudent and business-like manner, consistent with first-class single family rental housing in San Bernardino County, California.

Lessee may contract with a management company or manager to operate and maintain the Property in accordance with the terms of this Lease; provided, however, that the selection and hiring of such management company shall be subject to approval by Authority, or its Executive Director.

Lessee may act as manager. Approval of a management company or manager by Authority shall not be unreasonably withheld. If, at any time, the management company is not performing to the reasonable satisfaction of the Authority, or its Executive Director or the City Manager of the City, and said condition is not corrected after expiration of ninety (90) days from the date of written notice from the Authority, the Authority may direct the Lessee to, and the Lessee shall, terminate immediately the management contract. Notwithstanding the above, Lessee shall use its best efforts to correct any defects in management at the earliest feasible time and, if necessary, to replace the management company prior to the elapsing of such time period.

4.3 Only Lawful Uses Permitted. Lessee shall not use the Property for any purpose that is in violation of any law, ordinance or regulation of any federal, state, county or local governmental agency, body or entity. Furthermore, Lessee shall not maintain or commit any nuisance, as now or hereafter defined by any applicable statutory or decisional law, on the Property, or any part thereof.

SECTION 5. RENT.

5.1 Net Lease. It is the intent of the parties hereto that the rent provided herein shall be absolutely net to Authority and that Lessee shall pay all costs, charges and expenses of every kind and nature against the Property which may arise or become due during the Term and which, except for execution hereof, would or could have been payable by Authority.

5.2 Rent.
(A) During the Term of this Lease, Lessee agrees to pay in advance, on the Commencement Date and thereafter on the first day of each “Lease Year” (as hereinafter defined), rent in the amount of One Dollar ($1.00). The parties understand and acknowledge that the primary consideration for this Lease is the performance of the covenants set forth in this Lease and the Agreement, particularly (without limitation, however) the covenants to rent the units to low- and moderate income tenants at an affordable rent pursuant to Section 6 hereof and Section 4.2 of the Agreement. As used herein, a “Lease Year” shall consist of twelve (12) consecutive calendar months ending on the anniversary (the “Anniversary Date”) of the day immediately preceding the Commencement Date.
(B) During the Term of this Lease, Lessee agrees to pay at the end of each Lease Year the “Additional Rent,” as herein defined. At the end of each Operating Year, the Lessee shall calculate total gross operating revenue for that year, and shall thereupon pay to the Authority as “Additional Rent” an amount equal to total gross operating revenue less the operating costs for that year. If total gross operating revenue for that year is less than operating costs, no Additional Rent shall be payable and the Lessee and the Authority shall negotiate in good faith for the Authority to provide additional compensation to cover such deficit. The Authority and its authorized representatives shall, at all times, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of the Lessee which in any manner relate to the expenses and revenues MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 234 of 292 Attachment No. 2

Page 4 of 26 ends

of the Property under this Lease and the Lessee’s obligations hereunder. The Lessee’s staff shall cooperate fully with authorized auditors when they conduct audits and examinations of Authority funded programs. Within thirty (30) days of the submittal of such audit report, the Lessee shall provide a written response to all conditions or findings reported in such audit report. The response must discuss each condition or finding and set forth a proposed resolution, including a schedule for correcting any deficiency. All conditions or correction actions shall take place within six (6) months after receipt of the audit report unless the Authority Executive Director or designee authorizes an extension of time to submit such corrections.

5.3 Payment of Rent. All rent that becomes due and payable pursuant to this Lease shall be paid to the Authority at the address of the Authority listed in Section 26.7 or such other place as the Authority may from time to time designate by written notice to the Lessee without notice or demand, and without setoff, counterclaim, abatement, deferment, suspension or deduction. Except as expressly provided herein, under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall the Authority be expected or required to make any payment of any kind whatsoever or to perform any act or obligation whatsoever or be under any obligation or liability hereunder or with respect to the Property.

SECTION 6. AFFORDABLE HOUSING REQUIREMENTS

6.1 Affordable Unit. The Lessee agrees to make available, restrict occupancy to, and rent the House to “Low Income Households” at the rents established pursuant to Section 6.6 hereof. “Low Income Household” shall mean a household earning not greater than eighty percent (80%) of San Bernardino County median income as further set forth in California Health and Safety Code Section 50079.5.

6.2 Lease Requirements. Prior to rental of the Property, Lessee shall submit a standard lease form to the Authority for Authority’s approval. The Authority shall approve such lease form upon finding that such lease form is consistent with this Lease and the Agreement. The Lessee shall enter into a lease, in the form approved by the Authority, with each tenant of the House.

6.3 Duration of Affordability Requirements. The Property shall be subject to the requirements of this Section 6 for a period coextensive with the term of this Lease beginning on the Commencement Date. The duration of this requirement shall be known as the “Affordability Period.” All tenants residing in the House during the last two (2) years of the Affordability Period shall be given notice by the Lessee at least once every six (6) months of the expiration date of this requirement, and that the rent payable on the Property may be raised to a market rate rent at the end of the Affordability Period.

6.4 Selection of Tenants. The Property shall be leased to tenants selected by the Lessee who meet all of the requirements provided herein. The Authority may, from time to time, assist in the leasing of the House by providing to the Lessee names of persons who have expressed interest in renting the House. Lessee shall adopt a tenant selection system, which shall be approved by the Authority. The tenant selection system shall include, without limitation, a method for investigation of the credit history of proposed tenants through obtaining a credit report on the proposed tenant. Highest priority in the selection of tenants shall be given to those applicants who have been displaced by Authority projects, if any.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 235 of 292 Attachment No. 2

Page 5 of 26 ends

6.5 Income of Tenants. Prior to the rental or lease of each of the House to a tenant, and annually thereafter, the Lessee shall obtain an income certification from the tenant of the Property.

The Lessee shall verify the income certification of the tenant in one or more of the following methods:
(A) obtain two (2) paycheck stubs from the tenant’s two (2) most recent pay periods, if any.
(B) obtain a true copy of an income tax return from the tenant for the most recent tax year in which a return was filed.
(C) obtain an income verification certification from the employer of the tenant. (D) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies.
(E) obtain a credit report from a commercial credit reporting agency. (F) obtain an alternate form of income verification reasonably requested by the Lessee, if none of the above forms of verification is available to the Lessee.

A person or family who at the time of income certification qualified as a Low Income Household shall continue to be deemed so qualified, until such time as the person or family’s income is redetermined and the person or family is determined by the Lessee to no longer be so qualified, even if such person or family’s income has subsequently increased to an amount above the applicable income level. Upon the Lessee’s determination that the tenant is no longer qualified as a Low Income Household, such tenant shall no longer be eligible to rent the Property and shall be given a written notice which requires such tenant to vacate the Property within sixty (60) days, and the Lessee shall provide assistance to such tenants in finding another appropriate rental unit in the vicinity. The tenant lease shall contain the above provisions. In addition, the Lessee shall annually submit to the Authority a certification that the House is actually occupied by Low-Income Households in such form as may be provided by the Authority.

6.6 Determination of Affordable Rent for the Property. The House shall be rented at an “Affordable Rent” to be established by the Authority as provided herein. The maximum monthly rental amount for the Property shall be established at the lesser of (a) fair market rent, as reasonably determined by the Operator, or (b) thirty percent (30%) of sixty percent (60%) of San Bernardino County median income for a household size appropriate for the unit or, if greater, the amount determined pursuant to Health and Safety Code section 50053(b)(3). Household size appropriate to the unit shall mean two persons for a one bedroom House, three persons for a two bedroom House, four persons for a three bedroom House, and five persons for a four bedroom House. The rents of the Property may be increased once per year, regardless of when particular tenants commenced occupancy of the House. The maximum monthly rental amount for the House shall include a reasonable utilities allowance to be determined by the Authority, which utilities allowance shall be set at an amount which will cover the projected charge for all utilities (whether paid for by Lessee or paid directly by the individual tenant), including gas and electrical service, water, sewer and garbage collection, but excluding telephone service and cable television. The Authority may in its discretion base the utilities allowance on a utilities allowance adopted in connection with the Section 8 program administered by the United States Department of Housing and Urban Development. Upon the approval of the Authority MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 236 of 292 Attachment No. 2

Page 6 of 26 ends

or Authority Executive Director, rents may be established at amounts which are lower than the maximum monthly rental amounts set forth above.

SECTION 7. UTILITIES AND TAXES.

7.1 Utilities. Lessee shall pay or cause to be paid by the tenants all charges for gas, electricity, water, sewer, garbage collection, cable television, and other utilities furnished to the House.

7.2 Real Estate Taxes.
(A) As used herein, the term “real estate taxes” shall mean all real estate taxes, assessments for improvements to the House, municipal or county water and sewer rates and charges which shall be levied against the House, or any interest therein, and which become a lien thereon and accrues during the Term.
(B) The Property shall be assessed and taxed in the same manner as privately owned property, provided, however, that Lessee may apply for and obtain a full or partial exemption from property taxes. The Authority shall provide notice to the San Bernardino County Assessor within thirty (30) days of the commencement of this Lease as required by Health and Safety Code Section 33673.1. Lessee shall pay or cause to be paid, before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof, all real estate taxes levied against any and all interests in the Property during the Term, and not merely the assessed value of the leasehold interest in the Property. (C) Any real estate taxes which are payable by Lessee hereunder shall be prorated between Authority and Lessee as of the Commencement Date and then again at the expiration or earlier termination of the Term.
(D) Lessee shall have the right to apply for the “welfare exemption” and any other applicable exemption from real property taxes, and shall further have the right to contest the amount or validity of any real estate taxes, in whole or in part, by appropriate administrative and legal proceedings, without any costs or expense to Authority. Lessee may postpone payment of any such contested real estate taxes pending the prosecution of such proceedings and any appeals so long as such proceedings shall operate to prevent the collection of such real estate taxes and the sale of the Property to satisfy any lien arising out of the nonpayment of the same, and Lessee furnishes a bond to Authority securing the payment of the same in the event a decision in such contest shall be adverse to Lessee.

7.3 Personal Property Taxes. Lessee covenants and agrees to pay before delinquency all personal property taxes, assessments and liens of every kind and nature upon all personalty as may be from time to time situated within the Property.

SECTION 8. OWNERSHIP OF IMPROVEMENTS, FIXTURES AND FURNISHINGS.

The Property shall, during the Term, be and remain the property of the Authority. Upon termination of this Lease, whether by expiration of the Term or otherwise, all fixtures and furnishings within the Property shall, without compensation to Lessee, be Authority’s property, free and clear of all claims to or against them by Lessee or any third person, firm or entity.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 237 of 292 Attachment No. 2

Page 7 of 26 ends

SECTION 9. INDEMNIFICATION: FAITHFUL PERFORMANCE.

Lessee shall not suffer or permit any liens to be enforced against the fee simple estate as to the Property, nor against Lessee’s leasehold interest therein by reason of work, labor, services or materials supplied or claimed to have been supplied to Lessee or anyone holding the Property, or any part thereof, through or under Lessee, and Lessee agrees to defend, indemnify and hold Authority harmless against such liens. If any such lien shall at any time be filed against the Property, Lessee shall, within thirty (30) days after notice to Lessee of the filing thereof, cause the same to be discharged of record; provided, however, that Lessee shall have the right to contest the amount or validity, in whole or in part, of any such lien by appropriate proceedings but in such event, Lessee shall notify Authority and promptly bond such lien in the manner authorized by law with a responsible surety company qualified to do business in the State of California or provide other security acceptable to Authority. Lessee shall prosecute such proceedings with due diligence. Nothing in this Lease shall be deemed to be, nor shall be construed in any way to constitute, the consent or request of Authority, express or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration or repair of or to the Property or any part thereof. Prior to commencement of any repair or alteration to the Property, Lessee shall give Authority not less than thirty (30) days advance notice in writing of intention to begin said activity in order that nonresponsibility notices may be posted and recorded as provided by State and local laws; provided that a shorter notice may be given in cases of emergency.

SECTION 10. MAINTENANCE AND REPAIR.

Lessee agrees to assume full responsibility for the management, operation and maintenance of the Property throughout the Term without expense to Authority, and to perform all repairs and replacements necessary to maintain and preserve the Property in a clean and safe condition reasonably satisfactory to Authority and in compliance with all applicable laws. Lessee agrees that Authority shall not be required to perform any maintenance, repairs or services or to assume any expense in connection with the Property. Lessee hereby waives all rights to make repairs or to cause any work to be performed at the expense of Authority as provided for in Section 1941 and 1942 of the California Civil Code.

The Lessee shall manage and maintain the Property in conformity with the Montclair Municipal Code.

The following standards shall be complied with by Lessee and its maintenance staff, contractors or subcontractors:
(A) Lessee shall maintain the Property in a safe and sanitary fashion in a first class condition.
(B) Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
(C) Clean-up maintenance shall include, but not be limited to: maintenance of all private paths, parking areas, driveways and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 238 of 292 Attachment No. 2

Page 8 of 26 ends

mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
(D) All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. (E) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied only by persons possessing valid California applicators licenses, and in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access.
(F) Lessee shall make such capital repairs to the Property as are necessary, including the following: carpet and drape replacement; appliance replacement; exterior painting, hot water heater replacement; plumbing fixtures replacement, including tubs and showers, toilets, lavatories, sinks, faucets; air conditioning and heating replacement; asphalt repair and replacement, and seal coating; roofing repair and replacement; landscape tree replacement and irrigation pipe and controls replacement; gas line pipe replacement; and lighting fixture replacement.

Management and maintenance shall be overseen by the Authority or its designee and, if the above standards are breached, after notice and opportunity to cure within the time set forth in this paragraph, the Authority or its designee may in its reasonable discretion direct the Lessee to and the Lessee shall hire a management company acceptable to the Authority to manage the Property. If, at any time, the Lessee or the management company fails to adequately maintain such areas, and such condition is not corrected immediately upon notice of an imminent threat to health and safety or after expiration of thirty (30) days from the date of written notice from the Authority for all other violations, the Authority may (but shall not be obligated to) perform the necessary maintenance and Lessee shall pay such costs as are reasonably incurred for such maintenance.

SECTION 11. ENVIRONMENTAL MATTERS.

11.1 Definitions. For the purposes of this Lease, unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified:
(A) The term “Hazardous Materials” shall mean (i) any “hazardous substance” as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any “hazardous substance” as defined by the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Sections 25300, et seq.), as amended from time to time, and regulations promulgated thereunder; (iii) asbestos; (iv) polychlorinated biphenyls; (v) petroleum, oil, gasoline (refined and unrefined) and their respective by products and constituents; and (vi) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any “Governmental Requirements” (as defined in Subparagraph c of this Section 11.1) either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as “hazardous” or harmful to the environment. (B) The term “Hazardous Materials Contamination” shall mean the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air or other elements on, in or of the Property by Hazardous Materials, or the contamination of the MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 239 of 292 Attachment No. 2

Page 9 of 26 ends

buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time (whether before or after the Date of Lease) emanating from the Property.
(C) The term “Governmental Requirements” shall mean all past, present and future laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the city, or any other political subdivision in which the Property are located, and any other state, county city, political subdivision, agency, instrumentality or other entity exercising jurisdiction over Authority, Lessee or the Property.

11.2 Responsibility for Contamination. Lessee assumes any and all responsibility and Liabilities (as defined in Section 11.4 of this Lease) for all Hazardous Materials Contamination, which occurs during the Term of this Lease.

11.3 Indemnification. Lessee shall save, protect, defend, indemnify and hold harmless Authority and its officers, directors, shareholders, employees and agents from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation and laboratory fees, reasonable attorneys’ fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by Authority and its officers, directors, shareholders, employees or agents by reason of, resulting from, in connection with, or arising in any manner whatsoever as a direct or indirect result of (1) the presence on or under, or escape, seepage, leakage, spillage, discharge, emission or release from the Property of any Hazardous Materials or Hazardous Materials Contamination after the commencement of this Lease, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Materials or Hazardous Materials Contamination, (2) the performance by Lessee of any acts, including, but not limited to, the performance of any act required by this Lease, and (3) the performance by the Authority of any act required to be performed by the Lessee under this Lease. Lessee’s obligations under this Section 11.3 shall survive the expiration of this Lease.

Authority shall save, protect, defend, indemnify and hold harmless Lessee and its officers, directors, shareholders, employees and agents from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation and laboratory fees, reasonable attorneys’ fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by Lessees and its officers, directors, shareholders, employees or agents by reason of, resulting from, in connection with, or arising in any manner whatsoever as a direct or indirect result of (1) the presence on or under, or escape, seepage, leakage, spillage, discharge, emission or release from the Authority of any Hazardous Materials or Hazardous Materials Contamination prior to the commencement of this Lease, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Materials or Hazardous Materials Contamination, (2) the performance by Authority of any acts, including, but not limited to, the performance of any act required by this Lease, and (3) the performance by the Lessee of any act required to be performed by the Authority under this Lease. Authority’s obligations under this Section 11.3 shall survive the expiration of this Lease.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 240 of 292 Attachment No. 2

Page 10 of 26 ends

Montclair City CouncilAugust 15, 2022

Montclair City Council
August 15, 2022