CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA
Monday, June 5, 2023
7:00 p.m.
Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Tenice Johnson
Council Members
Bill Ruh
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, June 5, 2023
7:00 p.m.
Remote Participation Information:
Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers or online at https://www.cityofmontclair.org/public–comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.
Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council–meetings/ and can be accessed by the end of the business day following the meeting.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Metropolitan Water District Water Conservation Presentation B. Police Department Medal of Valor Award Presented to Two Montclair Police Officers
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will call on you to speak at the time of the item’s consideration.
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 1 of 198 Page No.
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — May 15, 2023 [CC/SA/MHC/MHA/MCF] 193 B. Administrative Reports
1. Consider Approval of Warrant Register & Payroll Documentation [CC] 5
2. Consider Authorizing the Use of $8,000 in State Asset Forfeiture Funds to Host the 2023 National Night Out Event [CC] 6
3. Consider Declaring Certain City Property as Surplus and Available for Auction or Destruction [CC] 7
4. Consider Authorizing the Destruction of Certain Obsolete Public Records Pursuant to the City of Montclair Records Retention Schedule [CC] 16 C. Agreements
1. Consider Approval of Amendment No. to Agreement No. 20–89 with the County of San Bernardino for the Ada Avenue and Howard Street Rehabilitation Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 24
2. Consider Approval of Amendment No. 1 to Agreement No. 21–42 with the San Bernardino County Department of Aging and Adult Services to Accept Additional Funding to Support Senior Center Activities and the Senior Transportation Program [CC]
Consider Authorizing Assistant City Manager/Director of Human Services Richter to Execute All Agreements and Any Amendments Thereto with San Bernardino County Department of Aging and Adult Services, Senior Supportive Services Program [CC] 32
3. Consider Approval of Amendment No. 3 to Agreement No. 22–59 to Accept Additional Funding from the Ontario–Montclair School District to Support the Montclair After–School Program Summer Session At Montera Elementary School [CC] 80
4. Consider Approval of Amendment No. 1 to Agreement No. 22–100 with the San Bernardino County District Attorney’s Office to Station a Victim’s Advocate at the Police Department Through the 2023–24 Fiscal Year, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 98
5. Consider Approval of Agreement No. 23–34 with All City Management Services, Inc. for School Crossing Guard Services for Fiscal Year 2023–24, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 114
6. Consider Approval of Agreement No. 23–35 with Chaffey Joint Union High School District for Specialized Law Enforcement Services During Fiscal Year 2023–24, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 122
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 2 of 198 Page No.
7. Consider Approval of Agreement No. 23–36 with West Coast Arborists for Tree Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 127
8. Consider Approval of Agreement No. 23–38 to Accept Funding from the City of Hope Healthy Living Grant to Support Healthy Montclair Activities to Enhance the Community Garden [MCF] 148
9. Consider Approval of Agreement No. 23–39 with Catering Systems, Inc. to Provide Meals for the City’s Senior Citizen Nutrition Program [CC] 151 D. Resolutions
1. Consider Adoption of Resolution No. 23–3405 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 173
2. Consider Adoption of Resolution No. 23–3406 Approving a List of Projects to be Funded in FY 2023–24 by Senate Bill 1, the California Road Repair and Accountability Act of 2017 [CC] 179
3. Consider Adoption of Resolution No. 23–3407 Adjusting the Equivalent Dwelling Unit Monthly Fee for Sewer Service [CC] 183
4. Consider Adoption of Resolution No. 23–3408 Ordering the Vacation of a Portion of the North Side of Arrow Highway Near Fremont Avenue [CC] 185 IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation [CC] 1 Potential Case
2. Request for City Council to Meet in Closed Session Pursuant to Government Code Section 54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC]
Agency: City of Montclair
Employee Management
Associations: Montclair City Confidential Employees Association Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association
3. Closed Session Pursuant to Government Code Section 54956.8 Regarding Real Property Negotiations [CC]
Property: APN 1010–28–111–0000
Negotiating Parties: City of Montclair and FYAD Enterprises Inc.
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 3 of 198 Page No.
F. Committee Meeting Minutes (for informational purposes only)
1. Public Works Committee Meeting — March 16, 2023 [CC] 188
2. Personnel Committee Meeting — May 15, 2023 [CC] 192
XI. CLOSED SESION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, June 19, 2023 at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, June 1, 2023.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 4 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated June 5, 2023; the Payroll Documentation dated April 9, 2023; and the Payroll Documentation dated April 23, 2023, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated June 5, 2023, totals $2,046,487.47.
The Payroll Documentation dated April 9, 2023 totals $754,264.68 gross, with $521,642.92 net being the total cash disbursement.
The Payroll Documentation dated April 23, 2023 totals $730,679.56 gross, with $516,568.27 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Register and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 5 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER AUTHORIZING THE USE OF $8,000 IN STATE ASSET FORFEITURE FUNDS TO HOST THE 2023 NATIONAL NIGHT OUT EVENT
REASON FOR CONSIDERATION: The Police Department, through its Community Relations Division, is coordinating and hosting the 2023 National Night Out community event. The City Council is requested to consider authorizing the use of State Asset Forfeiture funds to purchase goods and services that are essential to its success.
BACKGROUND: The Police Department is dedicated to ensuring the safety of the Montclair community and is committed to engaging residents in dialogue about law enforcement–related responsibilities, concerns, and crime prevention. To that end, the Department, through its Community Relations Division, will coordinate and host this year’s National Night Out event at Alma Hofman Park on Tuesday, August 1st. National Night Out is an annual community–building campaign designed to promote police– community partnerships that enhance neighborhood camaraderie and build safer communities.
To encourage community involvement, this year’s event will include a photo booth, face painting, and a movie in the park, all at no cost to attendees. Popcorn, cookies, nuts, and shaved ice will be available for sale. Montclair Police and Fire Department personnel will be on hand to speak to the public and provide our youth and the "young at heart" the opportunity to see and handle some of the tools of the trade. Child ID/fingerprint kits and a host of educational and promotional materials that help guide, support, motivate, and encourage residents to take an active role in securing a safer community will be available. In addition, a portion of the funding would be used to purchase one additional movie license in support of the City’s Movie in the Park summer series leading up to National Night Out, which is also a perfect opportunity for outreach and interaction with the communities we serve as well as to promote National Night Out.
The San Bernardino County Asset Forfeiture Panel is currently processing the Department’s request to expend Drug and Gang Prevention funds on National Night Out 2023 and one movie–in–the–park event.
FISCAL IMPACT: Pursuant to Health and Safety Code Section 11489, 15 percent of funds distributed through State Asset Forfeiture shall be deposited in a special fund to be "used for the sole purpose of funding programs designed to combat drug abuse and divert gang activity, and shall wherever possible involve educators, parents, community–based organizations and local businesses, and uniformed law enforcement officers." The City has established Fund 1146 for this purpose.
If authorized by the City Council, and pending approval from the Panel, funding for the purchase of goods and services for National Night Out and the additional movie license for the City’s Movie in the Park summer series would result in an expenditure of $8,000 from said fund.
RECOMMENDATION: Staff recommends the City Council authorize the use of $8,000 in State Asset Forfeiture funds to host the 2023 National Night Out event.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 6 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: EQS051/052
DEPT.: POLICE
PREPARER: J. RIEDELL
SUBJECT: CONSIDER DECLARING CERTAIN CITY PROPERTY AS SURPLUS AND AVAILABLE FOR
AUCTION OR DESTRUCTION
REASON FOR CONSIDERATION: The Police, Fire, Information Technology, and Public Works Departments have submitted requests to declare items as surplus. City Council is requested to declare certain City property as surplus and available for auction or destruction.
BACKGROUND: The items included on the attached property logs are submitted to the City Council for consideration as surplus City property. Upon being declared as surplus by the City Council, the items will be made available for auction or destruction.
FISCAL IMPACT: There is no estimation as to the amount of proceeds the City would receive through the auction of these items.
RECOMMENDATION: Staff recommends the City Council declare certain City property as surplus and available for auction or destruction.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 7 of 198 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
1 2018 Ford Interceptor 1444710
1 2018 Ford Interceptor 1423871
1 2008 Ford Crown Victoria 1292714
1 2011 Chevy Caprice 6SLR690
1 2005 Ford Taurus 5PIC858
1 2006 Chevy Malibu 5XIG388
1 2016 Ford Interceptor 1492508
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Police Department MONTH PAGE 1 of 1
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 8 of 198 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 9 of 198 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 10 of 198 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF ITEM TO BE DESTROYED SERIAL # CR #
PRICE SOLD
FOR
23-001 16989 HP Elite Display CNK42906W9
23-002 17368 HP Monitor CN47360F9R
23-003 17367 CISCO 2950 F0C0807X251
23-004 17366 Mulitplexer M6050478
23-005 17365 HP Procurve switch Cn30drr0t5
23-006 17364 HP Switch CN30DRR0ZM
23-007 17363 PC
23-008 16407 HP Monitor 3CQ22809lp
23-009 17362 HP Monitor CN40140H1H
23-010 17009 HP Monitor CNK51108KH
23-011 16369 Viewsonic monitor RMB700464
23-012 17361 Rhub A111549
23-013 17360 Vision man server 811t300b
23-014 17359 CISCO switch FTX 13348hzm
23-015 17358 MITEL Controller JR8AB7569
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH PAGE _1__ of _4___ May 2023 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 11 of 198 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF ITEM TO BE DESTROYED SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH PAGE _2__ of _4___ 23-016 17374 MITEL Controller AVEEA7026
23-017 16957 HP Monitor 6Cm6091z4
23-018 17375 HP Monitor CNK1220WV9
23-019 17376 HP Monitor CNC911256L
23-020 17377 APC UPS 3b1449x08304
23-021 17492 Samsung Monitor
92x4hcpf70558
3d
23-022 17378 Samsung Monitor
02x4hcpf70805
3p
23-023 17379 CISCO Switch FTX140109b
23-024 17380 PROXIM PRO Switch
FLSH07123085
4 23-025 16528 HP Laptop CNU8110xgw
23-026 16278 HP Monitor 3CQ23360mrw
23-027 16276 HP monitor 3cq3360m5g
23-028 17381 Dell Monitor
3n09px3g6418
068v5epla00
23-029 16275 HP monitor 3cq3360m5h
23-030 16277 Hp monitor 3cq3360m5l
May 2023
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 12 of 198 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF ITEM TO BE DESTROYED SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH PAGE _3__ of _4___ 23-031 16281 hp monitor 3cq3360m5r
23-032 16279 hp monitor 3cq3360m5d
23-033 16283 hp monitor 3cq060m5q
23-034 16282 hp monitor 3cq3360m5m
23-035 17251 HP PC MXL3261030
23-036 17382 HP PC MXL417155X
23-037 16933 hp pc MXL24628WM
23-038 16937 hp pc MXL24628WS
23-039 17497 hp pc MXL50413B8
23-040 17173 hp pc 2UA4431YM4
23-041 16972 hp pc 2UA3511XZD
23-042 16301 hp pc MXL421341F
23-043 17383 hp pc MXL9374PS3
23-044 17185 hp pc 2UA6121L67
23-045 17178 hp pc 2UA6121P79
23-046 17227 hp pc MXL41013GL
23-047 17560 UPS 2731BY0SM886800398
May 2023
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 13 of 198 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF ITEM TO BE DESTROYED SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH PAGE _4__ of _4___ 23-048 16169 HP PC PZ631UA#ABA
23-049 16182 hp pc MXM6100625
23-050 17561 MITEL Controller 10789
23-051 17562 HP printer CNRNQ20DWS
23-052 16592 epson printer j9uf000186
23-053 17564 HP Printer CNB9H3PJF1
23-054 17565 Misc Box
23-055 17566 Misc Box
23-056 17567 Misc Box
23-057 17568 HP Copier CNCKMD1226
23-058 17384 Intel server LA8b80k8vu3084
23-059 17385 APC UPS JB0720012869
23-060 17386 APC UPS 326
23-061 17387 APC UPS 641
23-062 17388 APC UPS 750
23-063 17389 APC UPS 42
23-064 17390 APC UPS 597
23-065 17391 APC UPS 279
23-066 17392 APC UPS 729
23-067 17393 APC UPS 972
23-068 17394 APC UPS 906
23-069 17395 APC UPS 750
23-070 17397 APC UPS 139
23-071 17398 APC UPS 798
23-072 17399 APC UPS 905
23-073 17400 APC UPS 629
23-074 17401 APC UPS 103
23-075 17402 Samsung Monitor 02x4hckfb00080k
23-078 17405 Chairs
23-079 17406 APC UPS
May 2023
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 14 of 198 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
Unit # 217 1101577 $1,000.00 1 2002 Ford F250 truck P.W. (Graffiti Truck) 3FTRF17282M
A13727
Unit # 407 $250.00 1 1972 Essick Cement Mixer 7103231
Unit # 519 N/A $2,500.00 1 Gearmore scraper blade 7139
N/A N/A $3,000.00 1500 34 pallets of cinder block from P.D. building N/A
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Public Works MONTH May 2023 PAGE 1 of 1
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 15 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: CCK280
DEPT.: CITY MGR./CITY CLERK
PREPARER: A. MYRICK
SUBJECT: CONSIDER AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE PUBLIC
RECORDS PURSUANT TO THE CITY OF MONTCLAIR RECORDS RETENTION SCHEDULE REASON FOR CONSIDERATION: The City Council is requested to authorize the destruction of certain obsolete public records pursuant to the City of Montclair Records Retention Schedule.
The subject records requested for destruction are listed on the attached City of Montclair Destruction of Public Records Forms. The current lists consist of on–site records from the Human Services, Administrative Services, and Police Departments.
BACKGROUND: On November 19, 2012, the City Council adopted Resolution No. 12– 2973 establishing the Montclair Records Retention Schedule as the City of Montclair’s Official Records Management Program.
The current procedure requires City Departments to submit a form to request destruction of records, which is reviewed by the City Clerk and the City Attorney for conformance with the retention schedule. The form is then submitted to the City Council for authorization to destroy the records.
FISCAL IMPACT: There would be no fiscal impact directly related to authorizing destruction of the subject records. The records are currently stored on–site, and staff time and the City’s monthly on–site shred service will be used to destroy the records once approved.
RECOMMENDATION: Staff recommends the City Council authorize the destruction of certain obsolete public records pursuant to the Records Retention Schedule.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: STA666B
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 20–89 WITH THE
COUNTY OF SAN BERNARDINO FOR THE ADA AVENUE AND HOWARD STREET
REHABILITATION PROJECT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE
CITY ATTORNEY
REASON FOR CONSIDERATION: The City and San Bernardino County entered into a cooperative agreement for joint participation in a pavement rehabilitation project on Ada Avenue and Howard Street in December 2020, and an amendment is now necessary.
Amendments to agreements and contracts with the City require City Council approval.
A copy of proposed Amendment No. 1 to Agreement No. 20–89 with the County of San Bernardino is attached for the City Council’s review and consideration.
BACKGROUND: The Ada Avenue and Howard Street Rehabilitation Project (Project) is a joint project between the City of Montclair and the County of San Bernardino. The City Council approved Agreement No. 20–89 on November 2, 2020 to repair damaged street pavement and construction of Americans with Disabilities Act (ADA) curb ramps.
Cooperative agreements allow the City to benefit from the added value in the economy of scale for larger projects. The Project includes grinding and milling the existing pavement and replacing the roadway surface with an overlay of new asphalt pavement.
Due to increase in construction material costs, the new estimated total project cost is $8,100,000. The City’s share of the project cost is estimated to be $455,000, which is $220,000 more than the original estimate stipulated in Agreement No. 20–89.
Per the provisions of the proposed Cooperative Agreement, the County will serve as the lead agency in the preliminary engineering, design, survey, California Environmental Quality Act (CEQA) review and compliance, construction, and inspection phases of the Project.
FISCAL IMPACT: The Project will be funded with Senate Bill 1 Road Maintenance and Rehabilitation (RMRA) Funds. The Project was included in the RMRA project list for Fiscal Year 2020–21.
RECOMMENDATION: Staff recommends the City Council approve Amendment No. 1 to Agreement No. 20–89 with the County of San Bernardino for the Ada Avenue and Howard Street Rehabilitation Project, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 24 of 198 Agreement No. 20-89
Amendment No. 1
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Public Works
Department Contract Representative Arlene B. Chun, M.S., P.E., Engineering Manager -
Transportation Planning Division
Telephone Number (909) 387-8167
Project Montclair/Chino Area ADA Ramps
and Overlay Project
Contractor City of Montclair (CITY)
Contractor Representative Monica Heredia, P.E.,
City Engineer
Telephone Number (909) 625-9405
Contract Term 12/8/2020 – 12/31/2025
Original Contract Amount $235,000
Amendment Amount $220,000
Total Contract Amount $455,000
Cost Center 6650002000 20H15061/34H15066
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
AMENDMENT NO. 1
Recitals
WHEREAS, San Bernardino County (COUNTY) and the City of Montclair (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) previously entered into County Contract No. 20-1175 (herein after referred to as “the Agreement”) wherein the Parties agreed to cooperate and jointly participate in pavement rehabilitation and an Americans with Disabilities Act (ADA) curb ramp and other related improvements in the Montclair and Chino areas (PROJECT); and Contract Number
20-1175 A-1
SAP Number
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 25 of 198 Agreement No. 20-89
Amendment No. 1
WHEREAS, construction material costs have increased and the parties share of PROJECT costs require adjustment; and
WHEREAS, the COUNTY and CITY are willing to increase their respective contributions in order to move forward with the PROJECT.
NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, the Parties hereto agree the AGREEMENT, County Contract No. 20-1175, is amended as follows:
1. DELETE the Agreement’s eighth WHEREAS recital and REPLACE it with a revised eighth WHEREAS recital, which shall read as follows:
WHEREAS, the total PROJECT cost is estimated to be $8,100,000; and
2. DELETE the Agreement’s ninth WHEREAS recital and REPLACE it with a revised ninth WHEREAS recital, which shall read as follows:
WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $7,645,000 and the CITY’s share of PROJECT cost is estimated to be $455,000, as more particularly set forth in revised Exhibit “B”; which is attached hereto and incorporated herein by this reference; and
3. DELETE the existing paragraph 1.12 and REPLACE it with a revised paragraph 1.12, which shall read as follows:
1.12 Based on the COUNTY percentage calculated pursuant to paragraph 1.11 above, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection, and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $7,645,000 and shall not exceed $9,556,250 (25% increase over the COUNTY’S PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17.
4. DELETE the existing paragraph 2.5 and REPLACE it with a revised paragraph 2.5, which shall read as follows:
2.5 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.13 above, pay to the COUNTY the remainder of its share of the actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.11. The PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection and COUNTY overhead costs. CITY shall pay all costs incurred by COUNTY associated with the adjustments to the CITY’s manholes, regardless of the estimated cost or estimated number of manholes identified, even if they are higher than the estimated cost.
CITY’s share of PROJECT costs is currently estimated to be $455,000 and shall not exceed $568,750 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative.
5. ADD paragraph 2.6, which shall read as follows:
2.6 Provide a qualified CITY representative who has the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or telephone that an inspection is needed within the CITY’s limits.
6. DELETE the existing paragraph 3.7 and REPLACE it with a revised paragraph 3.7, which shall read as follows:
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 26 of 198 Agreement No. 20-89
Amendment No. 1
3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid process, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the estimated total of the PROJECT’s cost of $8,100,000 (which is the sum of $7,645,000 from COUNTY and $455,000 from CITY) shall be borne by each PARTY based upon where the work is required (i.e., whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the amounts set forth in Section 1.12 and 2.5, respectively.
7. DELETE the existing Exhibit “B” and REPLACE it with a revised Exhibit “B”, attached to this Amendment as Exhibit “B-1” and incorporated into County Contract No. 20-1175 by this reference.
8. The Recitals of this Amendment No. 1 are incorporated into the Agreement by this reference.
9. Except as amended by this Amendment No. 1, all other terms and conditions of County Contract No. 20- 1175 shall remain the same.
10. This Amendment No. 1 may be executed by the Parties in counterparts, all of which together shall constitute a single agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Amendment No. 1 (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 Amendment No. 1 upon request.
11. This Amendment No.1 to the Agreement, County Contract 20-1175, is effective on the date it is approved and signed by both Parties, and shall conclude upon satisfaction of the terms identified in paragraph 3.16 of the Agreement or on December 31, 2025 (whichever occurs first).
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 by their authorized signatories below.
FOR COUNTY USE ONLY
SAN BERNARDINO COUNTY CITY OF MONTCLAIR
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Javier John Dutrey
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 5111 Benito Street
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 27 of 198 Agreement No. 20-89
Amendment No. 1
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date
EXHIBIT B-1
DESCRIPTION AMOUNT SAN BERNARDINO
COUNTY SHARE
CITY OF
MONTCLAIR SHARE
Construction
(including contingencies) $6,700,000 $6,335,000 $365,000 All Other Costs such as
design, survey, CEQA
compliance, construction
engineering, inspection
and County overhead
$1,400,000 $1,310,000 $90,000
TOTAL $8,100,000 $7,645,000 $455,000
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 28 of 198
SAN BERNARDINO COUNTY
DEPARTMENT OF PUBLIC WORKS
DISTRICT 4
YARD 1
W.O.# H15061
LOCATION MAP
MONTCLAIR/CHINO ADA RAMPS
VARIOUS ROADS/LOCATIONS
ADA Ramp Construction and Updates
Montclair/Chino Area
Legend:
Construct ADA Ramp Update ADA Ramp
City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 29 of 198
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 30 of 198 Project Name:
Project Details:
Project No. (Assigned by Finance):
Phase Prior Years 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 Total Fund/Program Environmental
Design
R/W Acquisition
Construction 455,000.00 455,000.00 SB1/RMRA
Total 0.00 0.00 0.00 0.00 0.00 455,000.00 455,000.00
Approvals:
Department: Public Works / Engineering Dept. By: Date:
Finance By: Date:
City Council Date:
Total Project
Cost: $455,000.00
Revision Number:
Preparation Date: May 31, 2023
Fiscal Years
Department:
Infrastructure Fund
Capital Project Funding Information
Ada Avenue and Howard Street Street Rehabilitation Project The rehabilitation project will improve the roadway surface and replace pedestrian curb ramps surrounding the area of Ada Avenue and Howard Street. This is a joint project with the County of San Bernardino.
Public Works / Engineering
Contact/Ext.: M. Heredia/X.441
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 31 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 21–42 WITH THE
SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT SERVICES TO
ACCEPT ADDITIONAL FUNDING TO SUPPORT SENIOR CENTER ACTIVITIES AND THE
SENIOR TRANSPORTATION PROGRAM
CONSIDER AUTHORIZING ASSISTANT CITY MANAGER/DIRECTOR OF HUMAN
SERVICES RICHTER TO EXECUTE ALL AGREEMENTS AND ANY AMENDMENTS
THERETO WITH SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT
SERVICES, SENIOR SUPPORTIVE SERVICES PROGRAM
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Amendment No. 1 to Agreement No. 21–42 with San Bernardino County Department of Aging and Adult Services (DAAS) to accept additional funding to support Senior Center activities and the Senior Transportation Program. In addition, the City Council is requested to consider authorizing Assistant City Manager/Director of Human Services Richter to execute all agreements and any amendments thereto with DAAS, Senior Supportive Services Program.
BACKGROUND: In Spring 2021, the Human Services Department applied for and was awarded a contract through DAAS, Senior Supportive Services Program to provide funding to support the Senior Center’s activities and transportation program for older adults, ages 60 and over. On July 19, 2021, the City Council approved Agreement No. 21–42 for a three–year grant in the not–to–exceed amount of $165,000. The City of Montclair is contracted to annually serve 40 participants and provide 3,500 units of service (one unit is equivalent to a one–way trip) plus 48 equivalent hours of Senior Center Activities.
Through the proposed amendment to Agreement No. 21–42, DAAS will provide the City with additional funding to support the Senior Center’s activities and transportation program through the term of the contract.
FISCAL IMPACT: Should Amendment No. 1 to Agreement No. 21–42 be approved, DAAS will provide the City with an additional $50,000 for a not–to–exceed total of $215,000, which will assist the City in paying for staff salaries and program costs to support the Senior Center’s activities and transportation programs. The term of the contract is unchanged, July 1, 2021 through June 30, 2024.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Amendment No. 1 to Agreement No. 21–42 with the San Bernardino County Department of Aging and Adult Services to accept additional funding to support Senior Center activities and the Senior Transportation Program.
2. Authorize Assistant City Manager/Director of Human Services Richter to execute all agreements and any amendments with San Bernardino County Department of Aging and Adult Services, Senior Supportive Services Program.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 32 of 198
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Aging and Adult
Services
Department Contract Representative Julie West
Telephone Number (909) 387-2462
Contractor City of Montclair
Contractor Representative Marcia Richter
Telephone Number (909) 625-9453
Contract Term July 1, 2021 through June 30, 2024
Original Contract Amount $ 165,000
Amendment Amount 50,000
Total Contract Amount $ 215,000
Cost Center 5292001036
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 1
It is hereby agreed to amend Contract No. 21-562, effective June 13, 2023, as follows:
SECTION I. DEFINITIONS
Amend Section I. to add additional definitions to read as follows:
P. Older Adults Recovery and Resilience Funding (OARR) – A one (1) time General Fund augmentation that the CDA requested to strengthen older adult’s recovery and resilience from severe isolation and heal impacts from long-term stay at home due to Coronavirus (COVID-19) pandemic. The funding provides financial resources to support and maintain service needs to several senior programs, such as Fall Prevention, Nutrition and Title III-B and III-E programs under the Federal Older Americans Act.
Contract Number
21-562 A-1
SAP Number
4400017289
DocuSign Envelope ID: F5BD6F56-B2AD-46B7-919A-98EE952BAFB8 Agreement No. 21-42
Amendment No. 1
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 33 of 198
U. Voluntary Contributions – Any monies received from participants of Title III-B Senior Supportive Services that contributes towards the cost of this program, Participants of Supportive Services programs have the right to contribute toward that program. Any contribution from a recipient must be voluntary, kept confidential, and may not be coerced. Voluntary contributions are considered as program income and can only be used for the sole purpose of expanding the programs/services for which the contribution is given and may not be used on other programs.
SECTION V. FISCAL PROVISIONS
Amend Section V., Paragraphs A. and B., to read as follows:
A. The maximum amount of cost reimbursement under this Contract shall not exceed a cumulative of $215,000, of which $215,000 may be Federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to each Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.
Overtime and holiday make-up time will not be permitted. Payments are subject to provisions in the Payments, Budgets, Closeout, and Audits.
B. Contractor shall be compensated on a cost reimbursement basis, limited to the obligations and expenditures outlined in the Program Budgets (Attachment E) annually, attached hereto and incorporated by reference into this Contract. The Program Budget (Attachment E) will be revised annually, but shall not exceed the aggregate amount over the term of the Contract.
SECTION X. GENERAL PROVISIONS
Amend Section X. to add Paragraph S. to read as follows:
S. Executive Order N-6-22 Russian Sanctions (applies to contracts utilizing State funding)– On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policyissues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-relatedsanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/UkraineRussia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the County.
ATTACHMENTS
Amend Attachments to revise, add, or replace as follows:
Attachment A,Work Plan for Supportive Services, Section F, Paragraph b, amended to read as follows:
b. Client Contributions and Confidentiality
i. Recipients of Supportive Services shall be given the opportunity to contribute toward the cost of services received. Inform recipients that there is no obligation to contribute and any contributions are voluntary.
ii. Contractor shall encourage seniors to contribute to the cost of services by notifying them at least annually, using the DAAS Senior Services Programs “Voluntary Contribution Flyer,” that voluntary contributions are accepted and are important to maintaining the service(s) provided. Provider shall notify Title III-B DocuSign Envelope ID: F5BD6F56-B2AD-46B7-919A-98EE952BAFB8 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 34 of 198
Senior Service Program clients of voluntary contribution opportunities by posting the voluntary contribution flyer in a prominent area where services are provided (if not in-home) and by issuing the Voluntary Contribution Flyer (Attachment F) at the time of program enrollment. The provider shall not in any way employ tactics which could be viewed as coercive, embarrassing, and/or obligatory to the service being provided.
iii. Any voluntary contribution letters sent to clients for Title III services may not resemble a bill or a statement and shall stipulate that contributions are voluntary and not required to receive service.
iv. Contractor shall ensure that all voluntary contributions by eligible participants are kept confidential.
v. Contractor understands that all contributions received shall be identified as program income. Contractor shall establish appropriate procedures to safeguard and account for all voluntary contributions to protect from loss, mishandling, and theft.
vi. Contractor shall use all voluntary contributions received to expand the same service (for which the voluntary contributions were given (Supportive Services) and to supplement NOT supplant funds received under the OAA. vii. No eligible individual shall be denied participation because of failure or inability to contribute.
DocuSign Envelope ID: F5BD6F56-B2AD-46B7-919A-98EE952BAFB8 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 35 of 198
Attachment E, Supportive Services Budget, replace in its entirety, 1 page.
All other terms and conditions of Contract No. 21-562 remain in full force and effect.
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jacqueline Carey-Wilson, Deputy County Counsel Patty Steven, Contracts Manager Sharon Nevins, Director Date Date Date
SAN BERNARDINO COUNTY City of Montclair
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Marcia Richter
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
Assistant City Manager/
Director of Human Services
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 5111 Benito Street
Montclair, CA 91763
DocuSign Envelope ID: F5BD6F56-B2AD-46B7-919A-98EE952BAFB8 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 36 of 198
ATTACHMENT E
DocuSign Envelope ID: F5BD6F56-B2AD-46B7-919A-98EE952BAFB8 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 37 of 198 DocuSign Envelope ID: C8644D1C- C5AA-448D- 8837- 10E6202835B2 Agreement No. 21- 42
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
SAN BERNARDINO
COUNTY
Contract Number
SAP Number
4400017289
Department of Aging and Adult Services
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
Patty Steven, Contract Analyst
909. 388. 0212
City of Montclair
Marcia Richter
909. 625. 9453
July 1, 2021 through June 30, 2024
165, 000
N/ A
165, 000
5296001036
WHEREAS, The San Bernardino County, hereafter referred to as " County," desires to provide Senior Supportive Services; and
WHEREAS, County has been allocated funds by Older Americans Act through the California Department of Aging to provide such services; and
WHEREAS, County finds City of Montclair, hereafter referred to as " Contractor," qualified to provide Senior Supportive Services; and
WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW THEREFORE, County and Contractor mutually agree to the following terms and conditions:
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 38 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8837- 10E6202835B2
TABLE OF CONTENTS
I. DEFINITIONS............................................................................................................................................. 3 II. CONTRACTOR RESPONSIBILITIES........................................................................................................ 4 III. CONTRACTOR GENERAL RESPONSIBILITIES...................................................................................... 4 IV. COUNTY RESPONSIBILITIES................................................................................................................ 16 V. FISCAL PROVISIONS............................................................................................................................. 16 VI. RIGHT TO MONITOR AND AUDIT.......................................................................................................... 19 VII. CORRECTION OF PERFORMANCE DEFICIENCIES............................................................................. 20 VIII. TERM....................................................................................................................................................... 21 IX. EARLY TERMINATION.................................................................................................:.......................... 21 X. GENERAL PROVISIONS......................................................................................................................... 21 XI. CONCLUSION......................................................................................................................................... 24
ATTACHMENTS
ATTACHMENT A — WORK PLAN
ATTACHMENT B — COMPLAINT AND GRIEVANCE PROCUDURE
ATTACHMENT C — ASSURANCE OF COMPLIANCE
ATTACHMENT D — OOA SENIOR PROGRAMS VOLUNTARY CONTRIBUTIONS FLYER ATTACHMENT E — PROGRAM BUDGET
Standard Contract Page 2 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 39 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2
DEFINITIONS
A. Area Agency on Aging ( AAA) — In 1976, the State of California designated San Bernardino County County) as an Area Agency on Aging. As a result of this designation, DAAS receives funding from the California Department of Aging to administer the programs authorized by the Older Americans Act.
B. Activities of Daily Living ( ADL) - include bathing, eating, toileting, transferring in and out of bed or chair, walking, and dressing.
C. California Code of Regulations ( CCR) — The official compilation and publication of the regulations adopted, amended or repealed by state agencies pursuant to the Administrative Procedures Act APA). Properly adopted regulations that have been filed with the Secretary of State have the force of law.
D. California Department of Acing ( CDA) — Administers programs that serve older adults, adults with disabilities, family caregivers and residents in long-term care facilities throughout the state.
E. Catalog of Federal Domestic Assistance ( CFDA) — An inventory of all of the federal grants, loans, scholarships, counseling, and other assistance programs available to the American public.
F. Code of Federal Regulation ( CFR) — The codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States.
G. Contractor — Refers to a company whose application results in a contract to provide Senior Supportive Services.
H. Department of Aging and Adult Services ( DAAS) — A County department that provides service to seniors and at -risk adults to improve or maintain choice, independence, and quality of life. DAAS works to ensure seniors and adults with disabilities have the right to age in the least restrictive environment.
I. Equipment— Tangible personal property with a useful life of more than one year and an acquisition cost of $ 500 or more per unit.
J. Human Services ( HS) —San Bernardino County Human Services, a system of integrated services, where the programs and resources of nine ( 9) County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort.
K. Indirect Cost — Direct costs are costs readily identified with a particular final cost objective. After direct costs have been determined and assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated to benefiting cost objectives. A cost may not be allocated to an award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to an award as a direct cost.
Examples of indirect costs may include depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting.
L. Instrumental Activities of Daily Living — Those activities that include but are not limited to meal preparation, shopping, medication management, money management, telephone usage, heavy housework, light housework, and transportation.
M. Management Information System ( MIS) — A system used to capture and maintain statistical and financial data to document and ensure the accuracy of data presented in required program and financial reports. MIS data will be used to provide measurement of services for data reports required by DAAS.
Standard Contract Page 3 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 40 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 N. Matching Contributions —The value of third -party in- kind contributions and that portion of program and administrative costs funded ( cash or in- kind) by the Contractor, subcontractor, or other local resources.
a. Cash — Cash other than program income contributed to the project from local or State funds. With the exception of Community Development Block Grants ( CDBG), federal funds cannot be used as cash match. Costs borne by the Contractor and cash contribution from any and all third parties, e. g., company/ private donations, vendor general fund, are considered cash matching funds.
b. In -Kind — Contributions from third parties are considered in- kind matching funds.
Examples of in- kind match include volunteered time and use of facilities to hold meetings or conduct project activities.
O. Non- Matchinq Contributions — Local funding that does not qualify as matching contributions and/ or is not being budgeted as matching contributions ( e.g., federal funds, overmatch, etc.).
II. CONTRACTOR RESPONSIBILITIES
Contractor shall provide all services as outlined in Work Plan ( Attachment A). The Work Plan will be reviewed an updated each fiscal year based upon funding allocation and service needs.
Ill. CONTRACTOR GENERAL RESPONSIBILITIES
A. 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 San Bernardino County.
Contractor agrees to comply with the applicable federal suspension and debarment regulations, including, but not limited to 7 Code of Federal Regulations ( CFR) Part 3017, 45 CFR 76, 40 CFR 32, or 34 CFR 85. By signing this Contract, Contractor certifies that:
1. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;
2. Have not within a three- year period preceding this Contract been convicted of or had a judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or a violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction or records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal, State or local) with commission of any of the offenses enumerated in Paragraph ( A)( 2) herein; and
4. Have not within a three- year period preceding this Contract had one ( 1) or more public transactions ( Federal, State or local) terminated for cause or default.
B. Contractor shall not be identified as suspended or debarred on the federal System for Award Management' s ( SAM) excluded list ( https:// www. sam..qov). If at any time during the term of this Contract, the County determines Contractor is identified as either suspended or debarred on the SAM, Contractor shall be considered in material breach of this Contract, and the County may proceed under the Correction of Performance Deficiencies at Section VII of this Contract, including immediate termination of this Contract. If Contractor becomes aware, at any point during the term of this Contract, that it is identified as suspended or debarred on the SAM excluded list, Contractor must immediately inform County. Such inclusion will be considered a material breach of the Contract and be sufficient grounds for immediate termination.
C. Without the prior written consent of the Assistant Executive Officer for Human Services, this Contract is not assignable by Contractor either in whole or in part.
Standard Contract Page 4 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 41 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 D. 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, under the terms of this Contract.
E. Contractor agrees to provide or has already provided information on former San Bernardino County administrative officials ( as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five ( 5) 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 member' s staff, Chief Executive Officer of the County 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.
F. If during the course of the administration of this Contract, the County determines that the 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.
G. 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.
H. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DAAS through the HS Contracts Unit.
The County may withhold such consent in its sole discretion.
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 Paragraph CC of this Section III. All approved subcontractors shall be subject to the provision of this Contract applicable to Contractor Personnel, including removal pursuant to Paragraphs X and Y of this Section III.
For any subcontractor, Contractor shall:
Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions;
2. Ensure that the subcontractor follows County's reporting formats and procedures as specified by County; and
3. Include in the subcontractor' s subcontract substantially similar terms as are provided in this Contract.
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within San Bernardino County. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books.
All records relating to the Contractor' s personnel, contractors, subcontractors, service/ scope of work and expenses pertaining to this Contract shall be kept in generally acceptable accounting format. Records should include, but are not limited to, monthly summary sheets, sign -in sheets, and other 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 Standard Contract Page 5 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 42 of 198 DocuSign Envelope ID: C8644D1C- C5AA-448D- 8B37- 10E6202835B2 expenditures. Fiscal records must also comply with the appropriate Code of Federal Regulations CFR) that state the administrative requirements, cost principles and other standards for accountancy. Please refer to http://www.ecfr.goy/ cqi- bin/ textidx? tpl=/ ecfrbrowse[ Title02/ 2cfr200 main 02. tpl for further information.
All records shall be complete and current and comply with all contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract.
Contractor shall notify County in writing of any change in mailing address and/ or physical location within ten ( 10) days of the change, and shall immediately notify County of changes in telephone or fax numbers.
K. Contractor shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible. Vacancies and associated problems shall be reported to County on each periodically required report for the duration of said vacancies and/ or problems.
L. Contractor shall designate an individual to serve as the primary point of contact for the Contract.
Contractor shall notify the County when the primary contact will be unavailable/ out of the office for one ( 1) or more workdays. Contractor or designee must respond to County inquiries within two ( 2) County business days. Contractor shall not change the primary contact without written notice to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
M. Contractor shall repair, or cause to be repaired, at its own cost, all damage to County property, vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or employees or agents of the Contractor. Contractor shall also be responsible for damage caused by his/ her staff to personal property of County employees. 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. For such repairs, the Contractor shall repay all costs incurred by the County, by cash payment upon demand or County may deduct such costs from any amounts due to the Contractor from the County, as determined at County' s sole discretion.
N. Contractor shall provide a system, approved by the County, through which recipients of service shall have the opportunity to express and have considered their views and complaints regarding the delivery of services. The procedure must be in writing and posted in clear view of all recipients.
O. Contractor will ensure that staff are knowledgeable on the Department of Aging and Adult Services Complaint and Grievance Procedure ( Attachment B) and ensure that any complaints by recipients are referred to the County in accordance with the procedure.
P. Contractor shall notify the County of all upcoming meetings of the Board of Directors or other governing party and shall keep the County apprised of any and all actions taken by its Board of Directors which may impact on the Contract. Board of Directors' minutes shall be submitted to the County upon request. Further, a County representative shall have the option of attending Board meetings during the term of this Contract.
Q. Contractor shall ensure that all staff, volunteers and/ or subcontractors performing services under this Contract comply with the items below prior to providing any services. Additional information concerning these requirements is specified at http:// hss. sbcounty. gov/ Privacy. The information contained thereat is hereby incorporated by this reference.
1. Read, understand and comply with the Privacy and Security Requirements Summary.
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2. Ensure employees, sub -contractors, agents, volunteers and interns who have access to PII complete the Privacy and Security Training and execute the training acknowledgement form and other training materials annually.
3. Ensure employees, sub -contractors, agents, volunteers and interns who have access to PI sign the Confidentiality Statement annually.
4. Report actual, suspected or potential breaches of PI immediately to the Human Services Privacy and Security Office via e- mail at: HSPrivacySecurityOfficera-hss.sbcounty.pov.
R. Pursuant to the Health Insurance Portability and Accountability Act of 1996 ( HIPAA) and the Health Information Technology for Economic and Clinical Health ( HITECH) Act, regulations have been promulgated governing the privacy of individually identifiable health information. Contractor acknowledges that it is a covered entity and subject to the requirements of HIPAA and HITECH, and their implementing regulations. Contractor agrees to fully comply with the terms of HIPAA and HITECH, and regulations promulgated thereunder, and to ensure any Subcontractors utilized to fulfill Services pursuant to this Contract comply with said provisions. Contractor further agrees to comply with the requirements of all other applicable federal and state laws that pertain to the protection of health information.
S. Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor' s obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.
T. 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 memorialized and includes, but is not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
U. To the extent applicable, if Contractor is a business that collects the personal information of a consumer( s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act ( CCPA) ( Cal. Civil Code §§ 1798. 100, et seq.). For purposes of this provision, " business," " consumer," and " personal information" shall have the same meanings as set forth at Civil Code Section 1798. 140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798. 150( b) alleging a violation of the CCPA that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798. 155( b).
V. Contractor shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency or to the appropriate Child Protective Services agency. This responsibility shall include:
1. Assurance that all employees, agents, consultants or volunteers who perform services under this Contract and are mandated by Penal Code Sections 11164 et seq. to report Standard Contract Page 7 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 44 of 198 DocuSign Envelope ID: C8644D1C-C5AA-448D- 8B37- 10E6202835B2 child abuse or neglect, sign a statement, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.
2. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency.
3. Provision for arrangement of training in child abuse reporting laws ( Penal Code section 11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty ( 30) days of employment/ volunteer activity.
W. Contractor agrees to and shall comply with the County's Elder and Dependent Adult Abuse Reporting requirements: Under the terms of this Contract, as changes in the Elder and Dependent Adult Reporting Laws are enacted, the Contractor is bound to comply with the most current regulations.
Who Must Report: In accordance with Welfare and Institutions Code ( W & 1) Section 15630, all employees of the Contractor and its Subcontractors are mandated reporters of elder and dependent adult abuse. Contractor assures all employees, agents, consultants or volunteers who perform services under this Contract and are mandated to report elder and dependent adult abuse will sign a statement ( SOC 341A) at http://www. cdss.ca..qov/ cdssweb/ entres/forms/ English/ SOC341A. pdf, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.
2. When to Report: Mandated reporters are required to report all instances of known or suspected abuse of the elderly and dependent adults immediately or as soon as practically possible, under the following circumstances:
a. When the mandated reporter has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse; or
b. When the mandated reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse.
3. To Whom to Report: Incidents of elder and dependent adult abuse must be reported to the correct agency as follows:
a. If the abuse has occurred in a long- term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long -Term Care Ombudsman or local law enforcement;
b. If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement;
C. If the abuse occurred anywhere other than a long- term care facility or State mental hospital or State developmental center, the report shall be made to Adult Protective Services or local law enforcement.
4. How to Report: Mandated reporters are required to take the following steps in all instances of known or suspected abuse of the elderly and dependent adults:
a. Place an immediate telephone call to Adult Protective services ( 1- 877- 565- 2020) or local law enforcement to report the incident.
b. Within two ( 2) working days of making the telephonic report to the responsible agency, complete a written " Report of Suspected Dependent Adult/ Elder Abuse" Standard Contract Page 8 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 45 of 198 DocuSign Envelope ID: C8644D1C-C5AA-448D- 8837-10E6202835B2 SOC 341) form, http:// www. cdss. ca.-qov/ Portals/ 9/ FMUForms/ QT/SOC341. pdf? ver=2018- 11- 15- 132736- 097. The completed form must be submitted to the same agency to which the incident was reported by telephone.
X. Contractor shall obtain from the Department of Justice ( DOJ) records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code section 11105. 3 prior to providing any services. This includes licensed personnel who are not able to provide documentation of prior DOJ clearance. A copy of a license from the State of California, which requires a DOJ clearance, is sufficient proof. The County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/ terminate employment or terminate internship and/ or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services.
In addition to the documentation of DOJ clearance, Contractor shall obtain clearance from the Federal Bureau of Investigation ( FBI) and Child Abuse Central Index ( CACI), and records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, prior to providing any services. The County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/ or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services.
Y. Contractor shall notify the County of any staff member, paid intern or volunteer who is knowingly or negligently employed who has been convicted of any crime of violence or of any sexual crime.
Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify the County. In the County' s discretion, the County may instruct Contractor to take action to either deny/terminate employment or terminate internship and/ or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services.
Contractor shall immediately notify the County concerning the arrest and/ or conviction, for other than minor traffic offenses, of any paid employee, agent, consultant, intern, or volunteer staff, when such information becomes known to Contractor.
Z. In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, Contractor agrees that the Contractor and the Contractor' s employees, while performing service for the County, on County property, or while using County equipment:
1. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
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.
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.
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 46 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 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.
AA. Contractor shall make every reasonable effort to prevent employees, consultants or members of its 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. In the event County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by 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, agents, or employees 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 applicants and such persons have successfully competed for employment with other applicants on a merit basis.
BB. Contractor shall adhere to the County' s Travel Management Policy ( 08- 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.
CC. Contractor agrees to and shall comply with the following indemnification and insurance requirements:
1. Indemnification — The Contractor agrees to indemnify, defend ( with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/ or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of 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.
2. Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds 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. 1185.
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 prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.
4. Primary and Non - Contributory — All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the County.
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.
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6. Proof of Coverage — The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty ( 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.
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".
8. Deductibles and Self -Insured Retention — Any and all deductibles or self- insured retentions in excess of $10, 000 shall be declared to Risk Management.
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.
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 ofthe 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.
11. 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. The type( s) of insurance required is determined by the scope of the contract services.
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:
a. Workers' Compensation/ Employers 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 Standard Contract Page 11 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 48 of 198 DocuSign Envelope ID: C8644D1C-C5AA-448D- 8B37- 10E6202835B2 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.
b. 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:
1. Premises operations and mobile equipment.
2. Products and completed operations.
3. Broad form property damage ( including completed operations).
4. Explosion, collapse and underground hazards.
5. Personal injury.
6. Contractual liability.
7. $ 2, 000,000 general aggregate limit.
C. 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 ( 1) 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.
d. 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.
e. Professional Liability — Professional Liability Insurance with limits of not less than one million ($ 1, 000, 000) per claim or occurrence and two million ($ 2, 000, 000) aggregate limits.
or
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
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 49 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 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 not-for-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.
Abuse/ Molestation Insurance — The 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.
Cyber ( internet) and Electronic Data Processinq ( EDP) Insurance — Cyber Liability Insurance with limits of no less than $ 1, 000, 000 for each occurrence or event with an annual aggregate of $ 2, 000, 000 covering claims involving 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.
DD. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract.
EE. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract.
FF. Contractor agrees to and shall comply with the County' s Equal Employment Opportunity Program, Employment Discrimination, and Civil Rights Compliance requirements:
1. Equal Employment Opportunity Program — The Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of San Bernardino County and all rules and regulations adopted pursuant thereto: Executive Orders 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250; Title VII of the Civil Rights Act of 1964; Division 21 of the California Department of Social Services Manual of Policies and Procedures; California Welfare and Institutions Code section 10000), the California Fair Employment and Housing Act; and other applicable federal, state, and county laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted.
2. Employment Discrimination — During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment or service recipient 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 VII of the Civil Rights Act of 1964, the California Fair Housing and Employment 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.
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3. Civil Rights Compliance — The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with the County Human Services Contracts Unit within thirty ( 30) days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, the County shall supply a sample of the Plan format. The Contractor shall be monitored by the County for compliance with provisions of its Civil Rights Plan. Contractor is required to maintain and provide a current Civil Rights Plan for the duration of the Contract and submit the Assurance of Compliance form ( Attachment C) annually. Additionally, the Contractor shall submit to County an Assurance of Compliance with the California Department of Social Services Nondiscrimination in State and Federally Assisted Programs Statement annually. a. Recognize any same-sex marriage legally entered into in a United States ( U. S.) jurisdiction that recognizes their marriage, including one of the fifty (50) states, the District of Columbia, or a U. S. territory, or in a foreign country so long as that marriage would also be recognized by a U. S. jurisdiction. This applies regardless of whether or not the couple resides in a jurisdiction that recognizes same- sex marriage. However, this does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. Accordingly, recipients must review and revise, as needed, any policies and procedures which interpret or apply federal statutory or regulatory references to such terms as " marriage," " spouse," family," " household member"' or similar references to familial relationships to reflect inclusion of same- sex spouse and marriages. Any similar familial terminology references in the U. S. Department of Health and Human Services' HHS) statutes, regulations, or policy transmittals will be interpreted to include same- sex spouses and marriages legally entered into as described herein. [ USC 7 -Section 3 of the Defense of Marriage Act]
b. The Contractor and its Subcontractor Vendors shall comply with Governor' s Executive Order 2- 18- 2011, which bans expenditures on promotional and marketing items colloquially known as " S.W.A.G." or " Stuff We All Get."
4. E uit — Contractor shall adhere to and participate in County efforts ensuring all individuals and communities have equal access and opportunity to health and wellbeing by providing culturally and linguistically appropriate services to all people of color and culture, age, disabilities, gender, sexual orientation or gender identity including people with limited English proficiency ( LEP). Services provided must be respectful of and responsive to the cultural and linguistic needs of County residents.
a. Contractor shall assess the demographic make- up and population trends of its service area to identify the cultural and linguistic needs of the eligible service population. Such studies are critical to designing and planning for providing appropriate, effective and equitable services.
b. Contractor shall partner with and support community partners in addressing disparities in family stability, health and mental wellness, education, employment, housing and overall delivery of human services. Partnering includes opportunities for partners and community members to design, implement and evaluate practices, and services ensuring equity and cultural and linguistic appropriateness.
C. Contractor shall work with County to communicate and provide opportunities for individuals and communities of color and culture to provide feedback on progress and outcomes achieved to address disparities in family stability, health and mental wellness, education, employment, housing and overall delivery of human services.
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 51 of 198 DocuSign Envelope ID: C8644D1C- C5AA-448D- 8B37- 10E6202835B2 d. Contractor shall recruit, promote and support a culturally and linguistically diverse workforce that is responsive to and represents the population being served. This includes trained and competent bilingual staff.
e. Contractor shall provide training to enhance its workforce knowledge on cultural and linguistic competence. Becoming culturally and linguistically competent is a developmental process and incorporates at all levels the importance of culture, the assessment of cross- cultural relations, vigilance towards the dynamics that result from cultural differences, the expansion of cultural knowledge, and the adaptation of services to meet culturally -unique needs. Providing services in a culturally appropriate and responsive manner is fundamental in any effort to ensure success of high quality and cost- effective health and human services. Offering those services in a manner that fails to achieve its intended result due to cultural and linguistic barriers does not reflect quality of care and is not cost-effective. f. To ensure equal access to quality care for diverse populations, Contractors providing health and health care services may adopt the Federal Office of Minority Health Culturally and Linguistically Appropriate Services ( CLAS) national standards.
g. Upon request, Contractor will provide County Human Services evidence of adherence to requirements listed above.
GG. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act ADA).
HH. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan ( California Code of Regulations title 20, section 1401 et seq.).
II. If the amount available to Contractor under this Contract, as specified in Section V, Paragraph A, exceeds $ 100, 000, Contractor agrees to comply with the Clean Air Act (42 U. S. C. Section 7606), section 508 of the Clean Water Act ( 33 U. S. C. section 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 C. F. R. section 1. 1 et seq.).
JJ. 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. Contractors must also be able to report on environmentally preferable goods used in the provision of Services to the County, utilizing a County approved form.
KK. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor' s sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each Party to this Contract shall bear its own attorney' s fees and costs regardless of who prevails in the outcome of the dispute.
LL. Contractor shall register with 211 San Bernardino County Inland Empire United Way within thirty 30) days of contract effective date and follow necessary procedures to be included in the 211 database. The Contractor shall notify the 211 San Bernardino County Inland Empire United Way of any changes in program services, location or contact information within ten ( 10) days of any change. Services performed as a result of being included in the 211 database, are separate and apart from the services being performed under this Contract and payment for such services will not be the responsibility of the County.
Standard Contract Page 15 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 52 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 MM. Contractor agrees that any news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor' s relationship with County shall not be made or used without prior written approval of the DAAS Director or their designee, and shall include County approved branding.
NN. IRAN CONTRACTING ACT 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 ( https:// www. dgs. ca. gov/ PD/ Resources/ Pape- Content/ Procurement- DivisionResources- List- Folder/ List- of-Ineligible- Businesses#( aD-ViewBag. JumpTo) 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. Contractor agrees that signing the Contract shall constitute signature of this Certification.
00. Contractor shall comply with the Environmental Tobacco Smoke/ Pro- Children Act of 1994 ( 20 U. S. 0 6081 et seq.).
IV. COUNTY RESPONSIBILITIES
A. Monitor and evaluate the performance of the Contractor in meeting the terms of the Contract and the quality and effectiveness of services provided based on the criteria as determined by the County.
B. Provide consultation and technical assistance in monitoring the terms of the Contract.
C. Compensate the Contractor for approved expenses in accordance with Section V of the Contract.
D. Negotiate modifications or revisions of service to assure that all necessary service/program requirements are covered.
V. FISCAL PROVISIONS
A. The maximum amount of cost reimbursement under this Contract shall not exceed a cumulative total of $ 165, 000 of which $ 165, 000 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to each Contractor, as provided herein, shall be in full payment for all Contractor' s services and expenses incurred in the performance hereof, including travel and per diem. Overtime and holiday make- up time will not be permitted. Payments are subject to provisions in the Payments, Budgets, Closeout, and Audits.
B. Contractor shall be compensated on a cost reimbursement basis on the basis of the Program Display for Fiscal Years 2021- 22 ( Attachment E) attached hereto and incorporated by reference into this contract. The budget shall be reviewed and adjusted, as needed, each fiscal year, based upon funding allocations.
C. REPORTS
Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports, data, and information requested by DAAS pertaining to the Contractor's performance of services hereunder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/ her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. ( In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control.
Contractor shall meet the following standards for the submission of required reports:
Standard Contract Page 16 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 53 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 Financial Reporting — Accurate, current, and complete disclosure of the financial results of the program shall be made in accordance with the financial reporting requirements of this Contract. The following reports are to be submitted to DAAS when indicated:
1. Monthly invoices for I II -B Senior Supportive Services are due to DAAS Administration by the tenth ( 10th ) working day of the month following the month of service to the address stated below:
Aging and Adult Services
Attention: III B Fiscal Analyst
784 E. Hospitality Lane
San Bernardino, CA 92415-0640
2. Annually — The following reports are due on an annual basis no later than July 15:
a. Financial Close- out Report ( if requested by DAAS)
b. Periodic Inventory Report
C. Annual reports should be mailed to the following address:
Aging and Adult Services
Attention: III B Fiscal Analyst
784 E. Hospitality Lane
San Bernardino, CA 92415-0640
3. Single Audit — If Contractor is a Single Audit entity as defined in this Contract, Contractor shall:
a. Communicate the Catalog of Federal Domestic Assistance ( CFDA) number to the independent auditor conducting the organization' s Single Audit. The CFDA number for the II IB Support Services is 93.044.
b. Provide a copy of Contractor's Schedule of Expenditures of Federal Awards SEFA) to DAAS on an annual basis.
4. The Budget must set for the in detail the reimbursable items, unit rates and extended total amounts for each line item. The Contractor' s Budget shall include, at a minimum, the following items when reimbursable under this Contract:
a. Personnel Cost — monthly, weekly, or hourly rates, as appropriate and personnel classifications together with the percentage of time to be charged to this Contract. b. Fringe Benefits.
C. Contractual Costs — subcontract and consultant cost detail. d. Indirect Costs.
e. Rent — specify square footage and rate.
f. Supplies
g. Equipment — detailed descriptions and unit costs.
h. In -State Travel — mileage reimbursement rate, lodging, per diem and other.
Out of State Travel — any travel outside the State of California must have prior written authorization from DAAS. This is including mileage reimbursement rate, lodging, per idem and other costs. (2 CCR 599.615 et seq.)
Other Costs — a detailed list of other operating expenses.
D. Matching Contribution
Standard Contract Page 17 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 54 of 198 DocuSign Envelope ID: C8644D1C- C5AA-448D- 8B37- 10E6202835B2
1. In general, acceptable matching contributions are those that:
a. Are verifiable from the Contractor' s records.
b. Are not included as contributions for other Federally -assisted programs or projects.
C. Are necessary and reasonable for proper and efficient accomplishment of program objectives.
d. Are not paid by the Federal government under another award, except where authorized by Federal statute to be allowed for cost sharing or matching. e. Are provided for in the approved budget when required. f. Conform to other laws, regulations, and provisions of Contract applicable to the program.
2. Contractor shall provide a minimum of 11. 11% in matching contribution per year during the Contract period, which is the amount of Federal Title III funds provided under the Contract multiplied by 11. 11 %.
C. Under normal conditions, Contractor shall expect payment approximately sixty ( 60) days after submission of a correctly prepared invoice.
D. Contractor shall accept all payments from County via electronic funds transfer ( EFT) directly deposited into the Contractor' s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
E. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F. 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.
G. DAAS reserves the right to refuse payment to Contractor or disallow cost for any expenditure, as determined by DAAS to be out of compliance with this Contract, unrelated or inappropriate to contract activities when adequate supporting documentation is not presented, or where prior approval was required, but was either not requested or not granted.
H. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations.
Upon written demonstration of need by Contractor and at the option of County, funds may be advanced to Contractor by County upon approval of the Assistant County Executive Officer — Human Services. Any such advance will cause the amounts payable to Contractor in subsequent months to be reduced to the amount determined by dividing the balance left by the number of months remaining in the contract term. No advance will increase the amount shown in Paragraph A of this Section. In the event of early termination, the Contractor shall pay the remaining balance due to the County within thirty ( 30) calendar days.
VI. RIGHT TO MONITOR AND AUDIT
A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract.
Standard Contract Page 18 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 55 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, 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. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. Contractor shall repay to the County within thirty ( 30) days of receipt of audit findings any reimbursements made by County to Contractor that are determined by subsequent audit to be unallowable pursuant to the terms of this Contract or by law.
C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract.
D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by county, federal and state representatives for a period of three ( 3) years after final payment under the Contract or until all pending county, state, and federal audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County' s reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit( s). Such reimbursement will not exceed $ 50 per hour ( including travel time) and may be deducted from the following month' s claim for reimbursement.
E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County' s representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor.
F. Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within sixty ( 60) days after the termination of the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit.
G. Pursuant to Code of Federal Regulations ( CFR) — Title 2 CFR 200. 501, Contractors expending 750, 000 or more in federal funds within the Contractor' s fiscal year must have a single audit or program - specific audit performed. A copy of the audit performed in accordance with Code of Federal Regulations ( CFR) — Title 2 CFR 200. 501 shall be submitted to the County within thirty 30) days of completion, but no later than nine ( 9) months following the end of the Contractor' s fiscal year. Please refer to http:// www. ecfr. gov/ cai- bin/ text- idx? node= se2. 1. 200 1501 & rgn= dv8 for further information.
H. The following closely related programs identified by the Catalog of Federal Domestic Assistance CFDA) number are to be considered as an " Other cluster" for purposes of determining major programs or whether a program specific audit may be elected. The Contractor shall communicate this information to the independent auditor conducting the organization' s single audit.
US Department of Health and Human Services: Administration on Aging
93. 044 Special Programs for the Aging — Title III, Part B - grants for Supportive Services and Senior Centers ( Title III -B).
93. 045 Special Programs for the Aging — Title III, Part C — Nutrition Services ( Title III - C)
93. 052 National Family Caregiver Support — Title III, Part E
93. 053 Nutrition Services Incentive Program ( NSIP)
Standard Contract Page 19 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 56 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 County is required to identify the Contractor Data Universal Numbering System ( DUNS) numbers and Federal Award Identification Number ( FAIN) in all County contracts that include Federal funds or pass through of Federal funds. This information is required in order for the County to remain in compliance with 2CFR Section 200. 331, and remain eligible to receive Federal funding. The Contractor shall provide the Contractor name as registered in DUNS, as well as the DUNS number to be included in this Contract. Related FAIN will be included in this Contract by the County.
Contractor Name as
City of Montclair registered in DUNS
DUNS 080245974
FAIN AP -2122- 20
Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by DAAS.
VII. CORRECTION OF PERFORMANCE DEFICIENCIES
A. In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under this Contract, Contractor shall notify the County within one ( 1) working day, in writing and by telephone.
B. 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.
C. In the event of a non -cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract.
1. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/ or
2. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or
3. Withhold funds pending duration of the breach; and/ or
4. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item " 2" of this paragraph; and/ or
5. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
D. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one 1) or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies.
This Contract is effective as of July 1, 2021 and expires June 30, 2024, but may be terminated earlier in accordance with provisions of Section IX of the Contract. The Contract term may be extended for two 2) additional one- year periods by mutual agreement of the parties.
IX. EARLY TERMINATION
A. The County may terminate the Contract immediately under Section V. Paragraph A, if funds are not available to the County, and under the provisions of Section VII, Paragraph C, Item 5 of the Contract. In addition, the Contract may be terminated without cause by the County by serving a Standard Contract Page 20 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 57 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8837- 10E6202835B2 written notice to the Contractor thirty (30) days in advance oftermination. The Assistant Executive Officer for Human Services is authorized to exercise the County' s rights with respect to any termination of this Contract.
B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination.
C. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title ( if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
X. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below.
Contractor: City of Montclair
5111 Benito Street
Montclair, CA 91763
County: San Bernardino County
Human Services
Attn: Contracts Unit
150 S. Lena Road
San Bernardino, CA 92415- 0515
B. In the event of any inconsistency between the terms of this Contract and any forms, attachments, statements of work ( SOW), or specifications which may be incorporated into this Contract, the following order of precedence shall apply:
1. This Contract;
2. Attachments to this Contract, as indicated herein; and
3. Price lists, SOWs, and other documents attached hereto or incorporated herein.
C. 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.
D. 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 any 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 to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
E. Time is of the essence in performance of this Contract and each of its provisions. 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 Standard Contract Page 21 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 58 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2 twenty- four ( 24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
F. Equipment — County discourages the purchase of equipment with funds received under this Contract. All equipment, materials, supplies or property of any kind ( including publications and copyrights, etc.) which have a single unit cost of five hundred dollars ($ 500) or more, including tax, purchased with funds received under the terms of this Contract and not fully consumed in one ( 1) year shall be the property of County and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by County upon Contract termination.
G. 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 the 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 the Contract shall acknowledge San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/ visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with County prior to publication. Contractor shall receive written permission from County prior to publication of said training materials.
H. 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 product, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section VIII, Term. Unless otherwise directed by County, Contractor may retain copies of such items.
I. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.
J. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.
K. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable ( giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected.
L. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in San Bernardino County, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts.
K 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.
Standard Contract Page 22 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 59 of 198 DocuSign Envelope ID: C8644D1C- C5AA-448D- 8837- 10E6202835B2 N. 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 and enforceability of the remaining provisions shall remain in full effect.
O. In the event that a subpoena or other legal process commenced by a third party in any way concerning the 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 proceed herein in connection with defense obligations by Contractor for County.
P. This Contract supersedes and replaces all previous contracts, agreements and understandings, oral, written and implied, between the County and Contractor hereto with respect to the subject matter hereof. All such prior contracts, agreements and understandings are hereby terminated and deemed of no further force or effect.
Q. Neither party shall be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party' s reasonable control. Written notice of a party's failure or delay in performance due to force majeure must be given to the other party no later than thirty ( 30) days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Contract affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.
R. The County desires that Municipalities, School Districts, and other Tax Districts within San Bernardino County requiring the same services provided herein may at their option and through the County Purchasing agent, avail themselves of this Contract. Upon notice, in writing, the Contractor agrees to the extension of the terms of a resultant contract with such governmental bodies as though they have been expressly identified in this Contract, with the provisions that:
1. Such governmental body does not have and will not have in force any other contract for like purchases.
2. Such governmental body does not have under consideration for award any other bides or quotations for like purchases.
Such governmental body shall make purchases directly through and to the Contractor. The County will not be liable for any such purchase made between the Contractor and another governmental body who avails themselves of this Contract.
XI. CONCLUSION
A. This Contract, consisting of 24 pages and Attachments A through E, is the full and complete document describing services to be rendered by Contractor to County, including all covenants, conditions, and benefits.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.
C. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract Standard Contract Page 23 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 60 of 198 whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
D. ' IN WITNESS WHEREOF, the Board of Supervisors of San Bernardino County has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month, and year written.
SAN BERNARDINO COUNTY
Curt Hagma hair a o o upervis s
Dated: JUL 2 7 2021
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
By
FOR COUNTY USE ONLY
Approved as to Leqal Form
Jacqueline Carey -Wilson, County Counsel
Date
City of Montclair
Print or type name
By
Name Javier,
Print
Title Mayor
or type name or person
Print or Type)
Dated: .
Address 5111 Benito Street
Montclair, CA 91763
ATTEST,;;
Andrea M. Myrick, Cfty Clerk
Becky Giroux, Contracts Manager
Date
Reviewed/ Approved by Department
00. Sharon Nevins, Director
Date
Standard Contract Page 24 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 61 of 198 DocuSign Envelope ID: C8644D1C-C5AA-448D-BB37- lCE6202835B2 whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
D. IN WITNESS WHEREOF, the Board of Supervisors of San Bernardino County has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month, and year written.
SAN BERNARDINO COUNTY
ON -
Curt Hagman, Chairman, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
By
Deputy
FOR COUNTY USE ONLY
County Counsel
Date July 13, 2021
City of Montclair
Print or type name of corporation, company, contractor, etc.) By
Authorized signature - sign in blue ink)
Name Javier John Dutrey
Print or type name of person signing contract)
Title Mayor
Print or Type
Dated:
Address 5111 Benito Street
Contract Compliance
by:
BecAX2qi; gy&, 9An,tracts Manager
Date July 13, 2021
Montclair, CA 91763
by Department
Date July 13, 2021
Standard Contract Page 24 of 24
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 62 of 198 DocuSign Envelope ID: C8644D1C- C5AA- 448D- 8B37- 10E6202835B2
WORK PLAN
City of Montclair
FY 2021 — 2022
ATTACHMENT A
This work plan contains the measurable objectives mandated by the County of the service provider. The work plan specifies and establishes time -frames either on an annual basis or, where required by State regulations, on a quarterly basis. The work plan constitutes the primary document for ongoing monitoring, Annual Program Performance Review/Fiscal Audit and will be used to measure the provider's efforts toward providing quality services.
Scope of Work
A. Services will be provided as follows:
Regional Service Area Communities
West Valley Montclair
West Valley Regional Service Area
Service Category Number of Number of Number of Registered'/ Non Clients to be Priority Units to be Registered
served Clients to be provided Service
served
Assisted
120/ year 100/ year 3500/ year Registered
Transportation
Senior Center
Activities
100 80 48 Non - Registered
Kegisterea service - Keporung requirements incivae unaupocatea ciient counts by inaivicivai characteristics, ADLs/ IADLs and service units.2 Non -Registered - Reporting requirements include estimated unduplicated client counts and service units.
B. Service Definitions — Service category definitions and units of measure are as follows:
Assisted 1 One Way Assistance and transportation, including escort, to Transportation Trip
a person who has difficulties ( physical or Registered
cognitive) using regular vehicular transportation.
Services designed to enable older individuals to
attain and/or maintain physical and mental well -
Senior Center
1 Hour being such as recreation, music, creative arts, Non -Registered Activities
physical activity, education, leadership
development and other supportive services not
covered under other service categories.
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ATTACHMENT A
Registered Service - Reporting requirements include unduplicated client counts by individual characteristics, ADLs/ IADLs and service units.
z Non - Registered - Reporting requirements include estimated unduplicated client counts and service unit.
C. Clientele and Eligibility Requirements
a. The clients served under this program are individuals age 60 and older.
Proof of age or citizenship shall not be required as a condition of receiving services. Means tests shall not be used by any Contractor for any Title 1IIB services. b. Services shall not be denied to any Title II I - B client that does not contribute toward the cost of the services received.
C. Clients will be given priority for services who are socially and/ or economically needy with particular attention to low income minority individuals, older individuals with Limited English Proficiency, older individuals who are victims of Alzheimer' s disease and related disorders and older individuals residing in rural areas who are not eligible for services from any other source.
d. Cost sharing shall not be implemented for any Title III - B service until so notified by DAAS.
e. Individuals referred by DAAS staff shall be given first priority for services under this agreement.
D. Program Requirements
a. Staff and/ or volunteers providing services must be trained and qualified in the safe provision of services provided under this contract. b. Outreach shall be conducted by Contractor in the communities served through a minimum of 4 presentations to community groups and organizations. All outreach activities will be documented and kept on file to be reviewed during program monitoring to be scheduled and conducted by DAAS staff.
C. A cost allocation plan which explains the methods used to allocate costs between programs with funds received from DAAS shall be developed by Contractor and on hand for review by DAAS.
d. A client or participant satisfaction survey shall be conducted by Contractor at least once a year. The survey form must be approved by designated DAAS staff prior to its use and all findings from the survey must be used to improve services. The returned surveys and tabulated results must be kept on file for review by DAAS staff.
Standard Contract Page 2 of 7
Development and provision of new volunteer
opportunities and services, and creation of
additional services and programs to remedy gaps
and deficiencies in existing services.
Entertainment costs such as tickets to shows or
sporting events, meals, lodging, rentals,
transportation and gratuities, are not allowable.
Registered Service - Reporting requirements include unduplicated client counts by individual characteristics, ADLs/ IADLs and service units.
z Non - Registered - Reporting requirements include estimated unduplicated client counts and service unit.
C. Clientele and Eligibility Requirements
a. The clients served under this program are individuals age 60 and older.
Proof of age or citizenship shall not be required as a condition of receiving services. Means tests shall not be used by any Contractor for any Title 1IIB services. b. Services shall not be denied to any Title II I - B client that does not contribute toward the cost of the services received.
C. Clients will be given priority for services who are socially and/ or economically needy with particular attention to low income minority individuals, older individuals with Limited English Proficiency, older individuals who are victims of Alzheimer' s disease and related disorders and older individuals residing in rural areas who are not eligible for services from any other source.
d. Cost sharing shall not be implemented for any Title III - B service until so notified by DAAS.
e. Individuals referred by DAAS staff shall be given first priority for services under this agreement.
D. Program Requirements
a. Staff and/ or volunteers providing services must be trained and qualified in the safe provision of services provided under this contract. b. Outreach shall be conducted by Contractor in the communities served through a minimum of 4 presentations to community groups and organizations. All outreach activities will be documented and kept on file to be reviewed during program monitoring to be scheduled and conducted by DAAS staff.
C. A cost allocation plan which explains the methods used to allocate costs between programs with funds received from DAAS shall be developed by Contractor and on hand for review by DAAS.
d. A client or participant satisfaction survey shall be conducted by Contractor at least once a year. The survey form must be approved by designated DAAS staff prior to its use and all findings from the survey must be used to improve services. The returned surveys and tabulated results must be kept on file for review by DAAS staff.
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ATTACHMENT A
e. For churches, community service centers and small stores serving minority communities, Contractor shall prepare posters, signs and brochures in languages other than English. Contractor shall post signs and distribute brochures in those communities.
E. Service Deliverables
a. Staffing
The Contractor shall maintain adequate staff to meet the contractor' s obligations under this Contract. This includes a Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and agreement.
This staff shall be available to DAAS for training and meetings which DAAS may find necessary from time to time.
b. Volunteer Staff
Volunteers are individuals who work without pay in the performance of essential duties to conduct the program. In some cases, the Director may be a volunteer.
Volunteers shall not replace paid personnel.
C. Training Activities
Provide training both on the job and in formal training sessions, as appropriate, to improve the understanding of paid staff about the service( s) being provided. Wherever required by law and/ or ordinance, licensed staff must be trained to carry out assigned duties. In addition, annually evaluate paid staff performance to determine his/ her effectiveness, skill development and understanding of tasks they are assigned. Documentation of training shall be kept on file at the provider's main office for review by DAAS during program monitoring to be scheduled and conducted by DAAS.
Volunteers should be provided on the job training and opportunities for formal training to improve skills and understanding of the service being provided. Wherever required by law or ordinance, volunteers must be trained and/ or licensed to carry out assigned duties.
Documentation of training shall be kept on file at the provider' s main office for review by DAAS during program monitoring to be scheduled and conducted by DAAS staff.
d. Conflict of Interest
Provide approved documentation regarding conflict of interest in the delivery of services to provider -affiliated persons, including, but not limited to, contractor' s staff, board members, volunteers and their family members.
Ensure, with proper documentation that special treatment nor preferential access to services or amount of services provided over other clients and that the provider -affiliated client is eligible for services.
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ATTACHMENT A
F. Other Service Requirements
a. Physical Set -Up
Where services are provided in a care center, office or any setting outside the client's home, the environment must be attractive, clean and free from obstacles which could cause injury.
ii. Post floor plans identifying emergency exits, assembly areas, etc. and conduct evacuation drills at least twice a year. Proof of evacuation drills will be kept on file duly signed by the Fire Marshal or other authorized agency within the community where the service site is located.
b. Client Contributions and Confidentiality
Contractor shall encourage seniors to contribute to the cost of services by notifying them at least annually, using the DAAS Senior Services Programs "Voluntary Contribution Flyer," that donations are accepted and are important to maintaining the service( s) provided.
Provider shall notify Title III -B Senior Service Program clients of voluntary contribution opportunities by posting the voluntary contribution flyer in a prominent area where services are provided ( if not in- home) and by issuing the Voluntary Contribution Flyer Attachment F) at the time of program enrollment. The provider shall not in any way employ tactics which could be viewed as coercive, embarrassing, and/ or obligatory to the service being provided. ii. Any donation letters sent to clients for Title III services may not resemble a bill or a statement and shall stipulate that contributions are voluntary and not required to receive service.
iii. The contractor shall ensure that all donations by eligible participants are kept confidential.
iv. Contractor shall establish appropriate procedures to safeguard and account for all contributions.
C. Coordination Activities
Contractor shall participate within appropriate coordination bodies established by state law and/or county ordinance.
Contractor shall include the following statement on all advertising, posters and brochures, etc. for services funded through this Contract:
Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging."
iii. Contractor shall coordinate service with other County departments and local agencies by providing time within the facility during participant meetings, staff meetings and volunteer meetings, etc., for presentations on special activities that promote a Community Based System of Care for elderly clients. All coordination activities must be documented and kept on file for review by DAAS.
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ATTACHMENT A
7. Program Reporting Requirements
a. Contractor will enter program data including, but not limited to, client information and services performed in to DAAS' client record management system by the 10th business day of the month following the month of service. i. Contractor will have dedicated staff responsible for entering the data timely and ensuring the appropriate hardware and internet service is available to support this requirement.
b. Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports, data and information requested by DAAS pertaining to Contractor' s performance of services hereunder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/ her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. ( In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control which includes orienting and training staff regarding program data collection and reporting requirements.
C. DAAS will provide orientation and staff training regarding data collection and reporting requirements.
d. Contractor shall meet the following standard for its financial management systems:
i. The following reports are to be submitted to DAAS when indicated:
1) Monthly ( Due by the 10th working day of each month) a) For Non -registered Services:
DAAS III - B Non - Registered Service Unit Report
Contractor is required to support the authenticity
and accuracy of the monthly service units it
reports by providing verification documentation
as directed by DAAS. Service Units that cannot
be verified by the contractor are subject to
rejection, as are any costs associated with
unverified units.
b) For Registered Services:
Monthly Units Roster
Newly enrolled or updated client "Intake Sheets"
New Client Roster" if new clients enrolled in a
contracted, registered service.
2) Quarterly Reports
L Contractor will submit quarterly performance reports
utilizing a template supplied by DAAS. Performance
reports will be used by the contractor to communicate
updates, accomplishments and challenges, and
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ATTACHMENT A
meaningful outcomes. Quarterly reports will also be
used to request any program modifications to DAAS.
Contractor shall describe, in detail, necessary program changes and the reasons for the requested modification.
Reports will be due by the 10th business day of the month following the last month of each quarter as follows:
3) Annual Update
The maximum amount of reimbursement under the Contract
shall not exceed the amount designated in the Contract and/ or contract attachments. The contract budget shall provide for a minimum number of annual service units as indicated in the Contract or contract attachments and shall be reviewed and revised annually, as needed. Revised contract budget, as indicated in contract attachments must be submitted to, and approved by the DAAS Director or designee and subject to availability of funds.
4) Cancellations
Reimbursement will be provided for no more than two ( 2) hours of service at regular pay rates when a service is cancelled by a client within four ( 4) working hours of a scheduled
appointment ( hereby referred to as " last- minute"). No units may be logged for undelivered services due to cancellation.
Reimbursement for last- minute cancellations can be
approved by DAAS after review of documentation supplied by the contractor that confirms the services had been scheduled for delivery and cancelled by the client within the specified window of time.
ii. DAAS may require financial reports more frequently than indicated above or with more detail ( or both), upon written notice to the Contractor, until such time as DAAS determines that the financial management standards are met.
iii. Report service and client data will be verified by DAAS during the program monitoring visit. Additionally, audit files shall include but are not limited to a copy of the Monthly Service Report. iv. Report monthly expenditures to DAAS as required in Section V, Paragraph D of Contract. Maintain support files including but not limited to invoices, payroll, and other supporting documents, all of Standard Contract Page 6 of 7
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Report July — October — January — April -
Period September December March June
Report
Due
October January April July
3) Annual Update
The maximum amount of reimbursement under the Contract
shall not exceed the amount designated in the Contract and/ or contract attachments. The contract budget shall provide for a minimum number of annual service units as indicated in the Contract or contract attachments and shall be reviewed and revised annually, as needed. Revised contract budget, as indicated in contract attachments must be submitted to, and approved by the DAAS Director or designee and subject to availability of funds.
4) Cancellations
Reimbursement will be provided for no more than two ( 2) hours of service at regular pay rates when a service is cancelled by a client within four ( 4) working hours of a scheduled
appointment ( hereby referred to as " last- minute"). No units may be logged for undelivered services due to cancellation.
Reimbursement for last- minute cancellations can be
approved by DAAS after review of documentation supplied by the contractor that confirms the services had been scheduled for delivery and cancelled by the client within the specified window of time.
ii. DAAS may require financial reports more frequently than indicated above or with more detail ( or both), upon written notice to the Contractor, until such time as DAAS determines that the financial management standards are met.
iii. Report service and client data will be verified by DAAS during the program monitoring visit. Additionally, audit files shall include but are not limited to a copy of the Monthly Service Report. iv. Report monthly expenditures to DAAS as required in Section V, Paragraph D of Contract. Maintain support files including but not limited to invoices, payroll, and other supporting documents, all of Standard Contract Page 6 of 7
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ATTACHMENT A
which will be attached to a copy of the expenditures report and kept on file by month for review during the Annual Audit.
V. Maintain records, by month, that support claimed in- kind expenditures.
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C l 1 t 7 1P r IZ731 1_1 [ zZ J1 1: 7
Older Americans Act Programs
Purpose: To provide an orderly procedure for reviewing and resolving grievances promptly and to facilitate the resolution of grievances informally at the lowest level possible. Recipients of services provided by the Older Americans Act programs or persons authorized to act on their behalf can file a complaini against contractors, volunteers, and employees of programs administered by the local Area Agency on Aging ( San Bernardino County Department of Aging and Adult Services — DAAS).
Reference: Title 22, Article 5. Grievance Process
Note: You have a right to confidentiality and your right to privacy will be respected to the extent possible.
Only information relevant to your complaint will be released to the responding party unless you consent otherwise.
Complaints
May involve, but are not limited to, any or all of the following:
Amount or duration of a service.
Denial or discontinuance of a service
Dissatisfaction with the service provided or with the service provider.
If your complaint involves an issue of professional conduct that is under the jurisdiction of another entity, you will be referred to the appropriate organization to pursue your complaint.
Failure of the service provider to comply with any of the requirements in the contract or regulations.
If you believe you have been discriminated against or that there has been a violation of any laws or regulations.
Instructions
Complete the attached form and provide the requested information:
Name, mailing address, and telephone number of complainant or person authorized to act on behalf of the complainant.
Date and time of occurrence and names of individuals involved.
Name of Service Provider, and type of service involved.
Description of the grievance. Be as specific as possible.
Names of witnesses and contact information, if any.
If applicable, cite the alleged violation of regulation, law or policy.
Requested remedy or resolution.
Signature
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ATTACHMENT B
First Level of Grievance
The service provider ( Contractor) is the first administrative level of resolution for complaints from recipients of services or persons authorized to act on their behalf. If the service is provided without a contractor and directly by DAAS, the complaint will be investigated and responded to by DAAS Administration at this level.
Time Frame
Within one ( 1) week of alleged violation complete the grievance form and notify the contract provider.
If possible, discuss issue with contract provider and make a good faith effort to resolve.
Contractor will issue a written response no later than ten ( 10) business days after receipt of grievance or from date of discussion.
If resolved at this level no further action is required. If your complaint is not resolved, you may appeal the decision of the provider to the Second Level.
Second Level Grievance
The provisions of this section shall apply to both of the following:
When the AAA ( DAAS) is the service provider and the subject of the complaint.
When the complaint from older individuals or persons authorized to act on their behalf are dissatisfied with the contractor's response at the first level of review.
Time Frame
If the contract provider at the first level of the grievance procedure does not resolve your complaint, you may appeal their decision to the second level of review within fifteen ( 15) business days of their written decision.
Note the following:
All Complaints must be in writing and contain the information referenced in the " First Level of Grievance."
If a complainant cannot submit a written complaint at this level, the complainant may request DAAS to verbally accept the complaint or assistance in writing out the complaint.
If DAAS writes out the complaint, the complainant must review and sign the written complaint.
Complaints maybe hand delivered or mailed to the following address:
Department of Aging and Adult Services ( DAAS)
Attention: APS Program Deputy Director
784 East Hospitality Lane
San Bernardino, CA 92408- 3501
Or fax to: 909- 891- 3940
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ATTACHMENT B
Second Level Grievance Processing:
A good faith effort will be made to resolve the complaint.
The Deputy Director or designee will conduct an impartial investigation of the written complaint.
A written response will be prepared and issued no later than fifteen ( 15) business days after receipt of the complaint.
The written response will address the merits of the complaint and will either resolve the issues at dispute, or deny the complaint with an explanation.
If the complainant is not satisfied with the decision at this level, they may exercise their right to request an administrative hearing pursuant to Section 7406 of Title 22.
Final Grievance Resolution
Any complainant dissatisfied with the results of the review conducted at the second level grievance step may appeal the decision within thirty ( 30) days from the receipt of their written report and request a hearing to present his/her complaint orally before an impartial hearing officer/ panel.
The request for a hearing can be made either orally or in writing to the Director of San Bernardino County, Department of Aging and Adult Services.
No later than forty-five ( 45) days from the receipt of the hearing request, a hearing will be scheduled.
The complainant will be notified of the following:
The date, time, and location of the hearing.
The complainant's and other party's right to be present at the hearing and/or to have another person act on their behalf, including the right to have legal counsel present.
Hearing Procedure
An impartial hearing officer or panel will chair manage the hearing.
All persons testifying at the hearing will be placed under oath or affirmation The hearing will be informal with testimony being restricted to the issues requiring resolution.
Technical rules of evidence and procedure will not apply at the hearing.
During the hearing all parties will have the right to:
Present evidence and witnesses;
Examine witnesses and other sources of relevant information and evidence; Be recorded verbatim, either electronically or stenographically.
Conclusion of the Hearing
No later than thirty (30) days after the date of the hearing was held, the hearing officer/panel will prepare a proposed decision based upon all relevant evidence presented and will consider applicable policies, procedures, regulations, and laws governing the program in reaching a decision.
The proposed decision will include the following:
A description of each issue.
A statement indicating the complaint was upheld or denied. In the case of complaints that are upheld, an explanation of the remedy will be included.
A citation of applicable laws and regulations.
The proposed decision will be forwarded to either the Director of DAAS for the issuance of a final decision.
If the complaint is against the Director of DAAS, the proposed decision will be forwarded to the Chairperson of the Governing Board for the issuance of a final decision.
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ATTACHMENT B
No later than thirty ( 30) days after receipt of the proposed decision, the director or the chairperson shall either adopt the proposed decision as the final decision or write a new final decision.
The decision will be mailed to the parties involved.
The decision is final and not subject to appeal
The decision will include procedures for ensuring that the remedies, if any, specified in the final decision are implemented.
Civil Rights
If you believe that your civil rights have been violated, please contact:
Deputy Director, Administration
Department of Aging and Adult Services
784 East Hospitality Lane
San Bernardino, CA 92415- 0640
GRIEVANCE PROCEDURE CERTIFICATION
This is to certify that I have read, understood, and received a copy of the Client Complaint and Grievance Procedures for Older Americans Act Programs.
Signature of Service Recipient Date
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Grievant Name
Home Address
Date of Action Causing Grievance
Older Americans Act
Programs
Name of Service Provider
Telephone Number
ATTACHMENT B
Date of Meeting with Contract Provider
Grievance Description ( Clear concise statement. Attach additional sheets if necessary) Remedy Sought
Grievant Signature Date Filed
Standard Contract Page 5 of 7
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 74 of 198 DocuSign Envelope ID: C8644D1C-C5AA-448D-8637-lCE6202835B2 Grievance Review - Level.l
Date Received Level I Reviewer Signature
Reviewers Printed
Name
Level I Decision ( Attached on separate sheet)
I concur and do not appeal to
the 2nd Level
Reason for
Appeal
ATTACHMENT B
Response Date
I do not concur and appeal to the 2nd level
Grievance Review —Level II
Date Received Level II Reviewer Signature
Reviewers Printed
Name
Response Date
Level II Decision ( Attached on separate sheet)
I concur and do not appeal for
Hearing
O
I do not concur and request a Hearing
Standard Contract Page 6 of 7
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ATTACHMENT B
Reason for Appeal For
Hearing
Date
Received
Standard Contract Page 7 of 7
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ATTACHMENT C
ASSURANCE OF COMPLIANCE STATEMENT
ASSURANCE OF COMPLIANCE WITH THE
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS City of Montclair
NAME OF THE CONTRACTING AGENCY
Hereinafter called the " Agency")
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975, the Food Stamp Act of 1977 -Section 272. 6, The Americans with Disabilities Act of 1990, Government Code ( GC) Section 1135 and California Code of Regulations ( CCR) Title 22 Section 9800- 98413, Title 24 of the California Code of Regulations, Section 310A( e) and other applicable federal and state laws, as well as their implementing regulations ( including 45 CFR, Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFS Part 42), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of race, color, national origin, political affiliation, religion, marital status, sex, age or disability be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state assistance; and HEREBY GIVES ASSURANCE THAT, it will immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE AGENCY HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services ( CDSS) Manual of Policies and Procedures ( MPP) Chapter 21, will be prohibited.
BY ACCEPTING THIS ASSURANCE, the agency agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws and regulations and permit authorized CDSS and/ or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. Ifthere are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135- 39, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.
THIS ASSURANCE is binding on the agency directly or through contract, license, or other provider services, as long as it receives federal or state assistance; and shall be submitted annually with the required Civil Rights Plan Update.
DATE SIGNAT
City of"M nt air
ORGANIZATION
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ATTACHMENT D
aw ftv
Voluntary
Contributions
Introduction
Thank you for participating in San Bernardino County Department of Aging and Adult Services' Older Americans Act senior programs. We are pleased to serve you and look forward to continuing to provide you with quality services.
Purpose
San Bernardino County Aging and Adult Services (DAAS) and agencies administering programs on the department' s behalf are required by the California Department of Aging ( CDA) to inform you that funding for services provided by the Older Americans Act has been provided by DAAS through a grant award from the California Department of Aging.
Participants of such programs, have the right to contribute towards the programs. Contributions are voluntary. Contributions will be used to expand services for which the contribution is given.
Confidentiality
Voluntary contributions are to be kept confidential. Employees, agents, and volunteers are required to maintain the integrity and confidentiality of participants regardless of their failure or inability to contribute.
Voluntary
No eligible individual shall be denied participation because of failure or inability to contribute.
If you have any questions or concerns regarding voluntary contributions, please contact the Department of Aging and Adult Services at ( 909) 891- 3900.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 78 of 198 DocuSIgn Envelope ID: C8644D1C- 05AA- 448D- 8B37- 10E6202835B2 Ll
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 79 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: HSV030
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. 22–59 TO ACCEPT ADDITIONAL FUNDING FROM THE ONTARIO–MONTCLAIR SCHOOL DISTRICT TO SUPPORT THE MONTCLAIR AFTER–SCHOOL PROGRAM SUMMER
SESSION AT MONTERA ELEMENTARY SCHOOL
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Amendment No. 3 to Agreement No. 22–59 to accept funding from the Ontario–Montclair School District (OMSD) to support the Montclair After–School Program Summer Session at Montera Elementary School.
BACKGROUND: The Human Services Department has delivered after–school programs within OMSD schools since 1999. Funding for this program originates from the California Department of Education, After–School Education and Safety (ASES) program and the Expanded Learning Opportunity program through grants made available to local education authorities, such as OMSD. The goal of the Montclair After–School Program (MAP) is to improve the academic performance and success of students in the program by providing high–quality academic programming after school while ensuring a safe physical and emotional environment for all.
Agreement No. 22–59 was approved by City Council on June 6, 2022 and provides funding for summer expanded learning from May to June 2023 at the following five school sites: Kingsley, Lehigh, Mission, Monte Vista, and Serrano. Amendment No. 3 will add additional funding to support the Summer Session at Montera Elementary School from June 5 to June 23, 2023.
FISCAL IMPACT: Should the City Council approve proposed Amendment No. 3 to Agreement No. 22–59, OMSD would provide an amount not to exceed $20,000 to fund personnel, training, supplies, and grant oversight for the operation of the Montclair After–School Program Summer Session at Montera Elementary School. The term of proposed Amendment No. 3 to Agreement No. 22–59 is July 1, 2022, through June 30, 2023.
RECOMMENDATION: Staff recommends the City Council approve Amendment No. 3 to Agreement No. 22–59 to accept additional funding from the Ontario–Montclair School District (OMSD) to support the Montclair After–School Program Summer Session at Montera Elementary School.
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ONTARIO-MONTCLAIR SCHOOL DISTRICT
Ontario, California
AMENDMENT TO CONSULTANT SERVICES
Contract #: ____________ Amendment: ___ Original Start Date _______________ Original End Date _________________ Contract __________________ is herewith amended between the Ontario-Montclair School District and _______________________________________as authorized by the Terms and Conditions of the original Agreement except for:
AMENDMENT TO TERM (only to be filled out if the original date of agreement is changing):
Start Date: __________________________ End Date: ___________________ AMENDMENT TO SERVICES:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________ AMENDMENT TO COMPENSATION:
DISTRICT agrees to compensate CONSULTANT in the following manner:
_____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________ In witness whereof, the parties hereto have caused this Agreement to be executed on Date of Board Meeting:
DISTRICT CONSULTANT
Signature Signature
Phil Hillman
Printed Name Printed Name
Chief Business Official
Title Title
Ontario-Montclair School District
950 West D Street Ontario, CA 91762 Address
(909) 459-2500
Telephone Number
Approved by Board of Trustees:
Contract Number
Consultant Name
C M
REQUIRED IF EXTENDING TERM
OMSD A mendment to Consultant Services
Javier John Dutrey
Mayor
5111 Benito St Montclair CA 91763
(909) 625-9479
Agreement No. 22-59
Amendment No. 3
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 81 of 198 OMSD Contract Number: _c_-2_23_-0_4_8 ___ _
Montclair Agreement Number: 22-59
AGREEMENT FOR SERVICES
ONTARIO-MONTCLAIR SCHOOL DISTRICT
950 WEST " D" STREET• ONTARIO, CALIFORNIA 91762• ( 909) 459-2500 THIS AGREEMENT is made and entered into this 16 day of June, 2022 by and between the Ontario- Montclair School District, hereinafter referred to as the " DISTRICT," and City of Montclair , hereinafter referred to as the " CONSULTANT."
1. SERVICES TO BE PERFORMED BY CONSULTANT
a) Scope ofWork. CONSULTANT agrees to perform the following services on the dates and times herein stated in accordance with directions stipulated to by DISTRICT ( provide attachment if necessary):
Provide staff and materials for the ASES Supplemental expanded learning program. See Attachment A for details.
b) Staffing. CONSULTANT may, at CONSULTANT' s own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement. DISTRICT will not train, control, direct, or supervise CONSULTANT's assistants or employees in the performance ofthose services.
c) Independent Contractor. Consultant is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CONSULTANT or any of CONSULTANT' s agents or employees. CONSULTANT assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope oftheir employment.
CONSULTANT, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT' s employees and shall not be considered in any manner to be DISTRICT's employees.
d) Public Entity Employee. IfCONSULTANT is a regular employee of a public entity, all services which CONSULTANT renders under this Agreement will be performed at times other than CONSULTANT' s regular assigned work day for said entity or during periods ofvacation or leave of absence from said entity, using CONSULTANT' s own resources.
2. COMPENSATION
a) Compensation for Services. Except as otherwise provided in this Agreement, DISTRICT agrees to compensate CONSULTANT for services rendered under this Agreement as follows:
See Attachment B and Schedule A for details.
Page ll
Rev. 3/22
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 82 of 198 b) Travel Expenses. DISTRICT will pay no additional amount for travel or other expenses of CONSULTANT under this Agreement unless specified below under section 2(c). Should travel or other expenses be specified below, CONSULTANT shall be entitled to the lesser amount of
1. The not to exceed amount stated, or
2. The actual amount expended. Supporting documentation for the authorized travel or other expenses shall be attached to this Agreement.
c) Summary of Compensation
Services: $ 141,056.44
Travel Expense: _ N_A _______________________ ~
Total contract amount not to exceed ( services + travel) _$_1_4_1_,0_5_6_._44 _________ _ d) Retired STRS or PERS. Ifthis Agreement is with an individual consultant, CONSULTANT shall notify the DISTRICT whether or not CONSULTANT is a retired member ofthe California State Teacher's Retirement System ( STRS) or the California Public Employees Retirement System (PERS).
e) Income Tax. DISTRICT will not withhold any federal or state income tax for payment made pursuant to this Agreement but, if applicable, will provide CONSULTANT with a statement of earnings at the end ofeach calendar year. CONSULTANT is hereby advised that such statement ofearnings shall, ifrequired, be provided to the Internal Revenue Service and the State Franchise Tax Board.
f) Documentation Required For Payment. Unless specified below, payment for services and travel shall be made by DISTRICT to CONSULTANT after services/travel has been completed and consultant submits documentation for payment (e.g. consultant invoice).
3. TERM OF AGREEMENT
The term of this Agreement is from July 1, 2022 through June 30, 2023 unless sooner terminated pursuant to the provisions of Section 6 of this Agreement. DISTRICT and CONSULTANT may mutually agree in writing to extend the term of this Agreement provided, however, DISTRICT shall not be obligated to pay CONSULTANT any additional consideration unless CONSUL TANT undertakes additional services, in which instance the consideration shall be increased as DISTRICT and CONSUL TANT shall agree in writing.
4. OBLIGATIONS OF CONSUL TANT
a) Services Performed. During the term of this Agreement, CONSULTANT agrees to diligently prosecute the work specified in the " Services to be Performed by Consultant" to completion.
CONSULTANT may represent, perform services for, and be employed by such additional clients, persons, or companies as CONSULTANT, in CONSULTANT' s sole discretion, sees fit. b) Use of District Space and Resources. CONSULTANT will provide all space, materials, tools, and instrumentalities required to perform the services under this Agreement at CONSULTANT' s expense, and shall not be entitled to reimbursement. CONSUL TANT shall not be entitled to any benefits the DISTRICT may make available to its employees, including, but not limited to, office or business equipment, office space, supplies, group health, life insurance, vacation or retirement benefits.
OMSD Agreement for Consultant Services
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 83 of 198 c) Regulatory Compliance. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement. d) Asbestos Hazard Emergency Response Act ( AHERA) and Lead Based Paint Compliance.
CONSULTANT shall comply with the DISTRICT's Asbestos Hazard Emergency Response Act AHERA) and Lead Based Paint compliance procedures. Prior to starting any construction work at a DISTRICT facility ( including demolition, drilling/ penetrating, cutting/ tearing, sanding, scraping, screwing/ unscrewing, or other similar activities) the following requirements must be met:
1. Contact the Facilities Planning and Operations Department ( 909-418- 6366) to discuss the project and the planned method ofconstruction or installation to occur.
2. Receive and review the District's Asbestos Hazard Emergency Response Act ( AHERA) Management Plan Book that identifies the known location(s) of asbestos and/or lead-based paint containing materials for the subject site to confirm these materials will not be disturbed during the course ofyour work.
3. Obtain authorization from the Facilities Planning and Operations Department. e) Fingerprinting. CONSULT ANT shall comply with the requirements ofEducation Code section 45125.1 with respect to fingerprinting of employees who may have any interaction with the DISTRICT's pupils ( whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video) if CONSULTANf, including but not limited to CONSULTANT if CONSULTANT is among the agents providing services, has any student interaction outside of the immediate supervision and control of the pupils' parent/guardian or a school employee. If at any time during the term of this Agreement CONSULT ANT is either notified by the Department of Justice or otherwise becomes aware that any employee of CONSULTANT, including CONSULTANT, performing services under this Agreement has been arrested or convicted of a violent or serious felony as defined in California Education Code Section 45122.1, CONSULTANT agrees immediately to notify the DISTRICT and remove said employee from performing services on this Agreement. CONSULTANT shall certify in writing to the DISTRICT that neither the CONSULTANT nor any ofits employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Education Code section 45122. 1 ( Exhibit A).
t) Indemnification. CONSULTANT shall indemnify, pay for the defense of, and hold harmless DISTRICT and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions ofwhatsoever kind, nature or sort which may be incurred by reason ofCONSULTANT's negligent or willful acts and/or omissions in rendering any services hereunder, including but not limited to the negligent or willful acts and/or omissions ofCONSULTANT' s employees and agents. CONSULTANT shall assume full responsibility for payments offederal, state and local taxes or contributions imposed or required under the social security, workers' compensation or income tax law, or any disability or unemployment law, or retirement contribution ofany sort whatever, concerning CONSULTANT or any employee/agent of CONSULTANT and shall further indemnify, pay for the defense of, and hold harmless DISTRICT of and from any such payment or liability arising out ofor in any manner connected with CONSULTANT' s performance under this Agreement. g) Insurance Requirements. During the entire term of this Agreement, CONSULTANT shall procure, pay for and keep in full force and effect the following types ofinsurance:
OMSD Agreement for Consultant Services
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 84 of 198
1. General Liability Insurance. Commercial general liability insurance, covering bodily injury liability, property damage liability and personal injury liability of CONSULTANT with respect to the services provided by, or on behalf of, CONSULTANT under this Agreement. The policy limits shall not be less than One Million dollars ($ 1,000,000) per occurrence. The policy may not contain an exclusion for coverage of claims arising from claims for sexual molestation or abuse. In the event that CONSULTANT' s policy should have an exclusion for sexual molestation or abuse claims, then CONSULT ANT shall be required to procure a supplemental policy providing such coverage. a. The DISTRICT requires the Certificate of Liability Insurance to show the DISTRICT as the " Certificate Holder' and " Additional Insured" on the CONSULTANT' S general liability insurance policy. Requested wording in the " Description box" is as follows:
The Ontario-Montclair School District, its departments, officers, agents, and employees are additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalfofthe named " Insured. "
2. Auto Liability Insurance.
CONSULTANT agrees that services in conjunction with this agreement will be conducted in CONSULTANT' s office or at a DISTRICT school site and CONSULTANT will not drive Student in private or commercial vehicle to conduct assessments or conduct other business in conjunction with this agreement. Accordingly, commercial automobile insurance will not be required in conjunction with this agreement. Should CONSUL TANT need to provide services in conjunction with this agreement that do require Student transportation in a private or commercial vehicle, the DISTRICT and CONSULTANT will mutually agree on services to be provided, and CONSULTANT will provide insurance as follows: Business auto liability insurance covering the use of "owned, non-owned and hired" autos by or on behalf ofCONSUL TANT respect to the services to be performed under this Agreement. The policy limits shall not be less than One Million dollars ($ 1,000,000) per occurrence. The Auto Liability Insurance policy shall include waiver of subrogation via separate endorsement.
3. Workers' Compensation Insurance. This coverage is required unless CONSULTANT provides written verification it has no employees. Coverage must be at least as broad as that which is required by the State of California, with Statutory Limits. CONSULTANT must also maintain Employer' s Liability Insurance with limit of no less than $ 1,000,000 per accident for bodily injury or disease. Workers' compensation policy shall include waiver of subrogation via separate endorsement.
The policies of insurance described in Paragraph ( 4g. l-3) listed above shall be carried with responsible and solvent insurance companies authorized to do business in the State ofCalifornia. True and correct copies of all certificates of insurance reflecting the coverage required in Paragraph ( 4g. l - 3) shall be provided to DISTRICT prior to the commencement of services under this Agreement.
CONSULTANT agrees that it shall not cancel or change the coverage provided by the policies of insurance described inParagraph ( 4g.l-3) above without first giving the DISTRICT's Chief Business Official, thirty ( 30) days prior written notice. Should any such policy of insurance be canceled or changed, CONSULTANT agrees to immediately provide DISTRICT true and correct copies of all new or revised certificates ofinsurance.
h) Written Consent. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CONSULTANT without the prior written consent ofDISTRICT.
OMSD Agreement for Consultant Services
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 85 of 198 i) Vaccine Verification/ Testing: CONSULTANT shall verify the vaccination status of all workers" and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing and shall complete and return the Contractor Attestation of Compliance ( Exhibit B).
5. OBLIGATIONS OF DISTRICT
a) Professional Services. DISTRICT agrees to comply with all reasonable requests by CONSULTANT and to provide access to all documents reasonably necessary for the performance ofCONSULTANT's duties under this Agreement.
6. TERMINATION OF AGREEMENT
a) Termination without Cause. Unless otherwise terminated as provided below, this Agreement shall continue in force during the term ofthe Agreement, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate.
b) Termination for Breach. Should CONSULTANT default in the performance ofthis Agreement or breach any of its provisions, DISTRICT may terminate this Agreement by giving written notification to CONSULTANT.
c) Immediate Suspension/ Termination by District. Ifat any time during the performance ofthis Agreement DISTRICT determines, at its sole discretion, to suspend indefinitely or abandon the work under this Agreement, DISTRICT shall have the right to terminate the performance of CONSULTANT' s services hereunder by giving written notification to CONSULTANT of its intention to terminate.
d) Effect of Termination. In the event that DISTRICT terminates this Agreement under paragraph b) or ( c) of this Section, CONSUL TANT shall only be paid for those services rendered to the date of termination. All cash deposits made by DISTRICT to CONSULTANT, if any, shall be refundable to DISTRICT in full upon termination of this Agreement unless specified to the contrary below.
NA
7. GENERAL PROVISIONS
a) Notices. Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices shall be deemed given and served upon delivery personally, or three ( 3) days after depositing in the United States Mail. Mailed notices shall be addressed to the parties at the addresses set forth in this Agreement for DISTRICT and CONSULTANT. The foregoing addresses may be changed by written notice to the other party as provided herein. b) Validity of Agreement. This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT and contains all ofthe covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
Any modification of this Agreement will be effective only if it is in writing, signed by both OMSD Agreement for Consultant Services
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 86 of 198 parties, except DISTRICT may unilaterally amend the Agreement to accomplish the changes listed below:
1) Increase dollar amounts; ( 2) Administrative changes; and (3) Changes as required by law. c) Court Findings. Ifany provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. d) California Laws. This Agreement shall be governed by and construed in accordance with the laws ofthe State ofCalifornia.
e) Audit. Pursuant to and in accordance with the provisions ofGovernment Code Section 8546. 7 or any amendments thereto, all books, records and files of DISTRICT, CONSULTANT, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($ 10, 000), including, but not limited to the administration thereof, shall be subject to the examination and audit ofthe State Auditor General ofthe State ofCalifornia, at the request ofthe DISTRICT or as a part of any audit ofDISTRICT, for a period of three ( 3) years after final payment is made under this Agreement.
CONSULTANT shall preserve and cause to be preserved such books, records and files for the audit period.
f) Contractual/ Equitable Remedies. CONSULTANT agrees that the DISTRICT is the sole entity against whom the CONSULTANT may seek either contractual or equitable remedies, and further agrees not to seek contractual or equitable remedies ( including, but not limited to injunctive relief and quantum meruit) against DISTRICT employees or beneficiaries ofthe Agreement. g) Board of Trustees Approval. CONSULTANT warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind it hereto.
This Agreement shall not become binding upon the DISTRICT until it has been duly approved or ratified by the Board ofTrustees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
Date
Phil Hillman, Chief Business Official
Printed Name/Title
Ontario-Montclair School District
950 West D Street Ontario, CA 91762
Approved by QMSD Board:
JUN 16 2022
Attest: Andrea My~ic\k\ ',< l:ity\ Ci¢rk ,
fL~h~ :I ~~
ture
Printed Name/Title
Ct, . ( p . av 0-0:
Date
jdutrey@cityofmontclair. org
Email Address/
5111 Benito Street
Street Address
Montclair, CA 91763
City, State, Zip Code
909) 626-8571
Telephone Number
OMSD Agreement for Consultant Services
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 87 of 198 Exhibit A
Certification of Compliance with California Education Code Section 45125. 1 Fingerprinting)
In compliance with California Education Code Section 45125.1, I hereby certify that no owner or employee of City of Montclair [ name of CONSULT ANT]
CONSULTANT") who may have any interaction with pupils ( whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video) outside of the immediate supervision and control of the pupils' parent/ guardian or a school employee, shall be permitted to have any contact with students until after I have received and reviewed a report based on their LiveScan fingerprint report that they have not been convicted of a felony as defined in California Education Code Section 45122.1. In advance of their contact with pupils, I shall certify receipt and review of a report from the LiveScan report that they have not been convicted ofa felony as defined in California Education Code Section 45122. 1. I also understand that I must provide to the Ontario- Montclair School District any subsequent arrest and conviction information that we receive concerning these individuals, and that I shall immediately remove the person from performing services on this Agreement. The Ontario-Montclair School District is entitled to rely upon my representations in this Certification. CONSULTANT hereby agrees to indemnify Ontario-Montclair School District for any and all claims, damages, suits and liability that arise out of, relate to or is associated with a failure of CONSULTANT to comply with California Education Code Section 45125.1 or with a failure to exercise reasonable care with respect to proper selection and/or supervision ofCONSULTANT's employees who may come in contact with pupils.
CONSUL TA
Date
jdutrey@cityofmontclair. org
Email Address/
5111 Benito Street
Street Address
Montclair, CA 91763
City, State, Zip Code
909) 626-8571
Telephone Number
OMSD Agreement for Consultant Services
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 88 of 198 ExhibitB
VACCINE VERIFICATION/ TESTING POLICY
On August 11, 2021, the California Department of Public Health (" CDPH") issued State Public Health Officer Order of August 11, 2021 (" Order"), 1which requires all public and private schools serving TK through 12th grade students to verify the vaccination status of all " workers" and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing. The Order took effect August 12, 2021, and requires full compliance by October 15, 2021.
To comply with this legal mandate, the District is imposing the following requirements for all workers" who enter District sites. The term " workers" includes all District employees, contractors, volunteers, and any other paid or unpaid adult serving in the District or who is working on- site at any school campus or District facility.
Vaccine Verification
You must verify the vaccination status of all of your employees using one of the following methods of proof:
a. COVID- 19 Vaccination Record Card ( issued by the Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card2) which includes name of person vaccinated, type of vaccine provided and date last dose administered); OR
b. A photo of a Vaccination Record Card ( front and back) as a separate document; OR c. A photo ofthe worker's Vaccination Record Card (front and back) stored on a phone or electronic device; OR
d. Documentation of COVID- 19 vaccination from a health care provider that includes the patient' s name, vaccine date( s), and vaccine type; OR e. Digital record that includes a QR code that when scanned by a SMART Health Card reader displays to the reader client name, date of birth, vaccine dates and vaccine type.
Workers who are not fully vaccinated, or for whom vaccine status is unknown or documentation is not provided, must be considered unvaccinated. " Fully Vaccinated" means individuals who are considered fully vaccinated for COVID- 19: two weeks or more after they have received the second dose in a 2-dose series ( Pfizer-BioNTech or Modema or vaccine authorized by the World Health Organization), or two weeks or more after they have received a single-dose vaccine ( Johnson and Johnson [ J& J]/ Janssen). " Incompletely vaccinated" means persons who have received at least one dose of COVID- 19 vaccine but do not meet the definition of fully vaccinated.
1 The Order is available at https:// www. cdph. ca.gov/ Programs/ CID/DCDC/ Pages/ COVID- 19/0rder- of-the-StatePublic-Health-Officer-Vaccine-Verification- for-Workers-in-Schools.aspx. 2 " WHO Yellow Card" refers to the original World Health Organization International Certificate ofVaccination or Prophylaxis issued to the individual following administration ofthe COVID- 19 vaccine in a foreign country.
OMSD Agreement for Consultant Services
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 89 of 198 Testing Requirement for Workers Not Fully Vaccinated
Effective October 15, 2021, workers will only be permitted on District sites and facilities ifthey have submitted proof of vaccination ( as described above) or if not fully vaccinated, have undergone weekly COVID- 19 diagnostic screening testing, as follows:
a. Workers may be tested with either antigen or molecular tests to satisfy this requirement, but unvaccinated or incompletely vaccinated workers must be tested at least once weekly with either PCR testing or antigen testing. Any PCR ( molecular) or antigen test used must either have Emergency Use Authorization by the U.S. Food and Drug Administration or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services.
b. Unvaccinated or incompletely vaccinated workers must also observe all other infection control requirements, and are not exempted from the testing requirement even if they have a medical contraindication to vaccination, since they are still potentially able to spread the illness. Previous history of COVID- 19 from which the individual recovered more than 90 days earlier, or a previous positive antibody test for COVID- 19, do not waive this requirement for testing.
c. Effective October 15, 2021, unvaccinated workers who fail or refuse to comply with the weekly testing requirement will be excluded from District sites and facilities.
We are not asking you to provide us with vaccination records or other medical or health records of your employees, but merely that you comply with the requirements set forth above for verifying vaccination status and/ or requiring your employees to submit to weekly testing.
OMSD Agreement for Consultant Services
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 90 of 198
CONTRACTOR ATTESTATION OF COMPLIANCE
MANDATORY VACCINATION VERIFICATION/ WEEKLY TESTING OF
CONTRACTED WORI( ERS PROVIDING SERVICES AT ONTARIO- MONTCLAIR
SCHOOL DISTRICT
CoNTRAcToRNAME: City of Montclair
AGREEMENT/ PURCHASE ORDER#: C-223-048
NAMEoFPERsoNMAK1NGTmsATrnsTAT10N: Javier " John" Dutrey TITLE op PERsoN MAKING Tms ATrnsTAnoN: Mayor
On behalf ofthe Contractor named above, the undersigned hereby attests:
I/Contractor have read, understand, and will comply with the District's Vaccine Verification/ Testing Policy as outlined in this correspondence and the State Public Health Officer Order of August 11, 2021, with regard to employees ofthe Contractor providing services at District sites and ac{\ ties.
Initial: \ \
I/Contractor have fied the vaccination status of all employees who provide services at District sites and facilities using one ofthe following methods ofproof:
a. COVID- 19 Vaccination Record Card ( issued by the Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card3) which includes name of person vaccinated, type of vaccine provided and date last dose administered); OR
b. A photo ofa Vaccination Record Card (front and back) as a separate document; OR c. A photo ofthe worker's Vaccination Record Card (front and back) stored on a phone or electronic device; OR
d. Documentation of COVID- 19 vaccination from a health care provider that includes the patient's name, vaccine date(s), and vaccine type; OR
e. Digital cord that includes a QR code that when scanned by a SMART Health Card reader d s ay to the reader client name, date ofbirth, vaccine dates and vaccine type. 3 " WHO Yell ow Card" refers to the original World Health Organization International Certificate of Vaccination or Prophylaxis issued to the individual following administration of the COVID- 19 vaccine in a foreign country.
OMSD Agrccrne11r for Consultant Services
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 91 of 198 I/Contractor attest that any employee associated with Contractor who has not provided proof of full vaccination as described above is undergoing weekly COVID-19 diagnostic screening testing in accordance with the District's Vaccine Verification/Testing Policy, for which the Contractor collects, n"1ors, and documents weekly test results.
I/Contractor attest that no employee associated with Contractor will work or visit any District site or facility who is not fully vaccinated or who has not received a negative COVID- 19 test within one week o th visit.
I, the person/ official named below, attest under penalty of perjury under the laws of the State of California, that I am duly authorized to le ally bind Contractor and that the attestation, statements, and assertions indicated hove re and orrect.
AUTHORIZED SIGNATURE: ~~~-:.::;::;:;+-_,,,,,,=
c-==J-=~-...~' 9t~~~~~~~~
DATE EXECUTED: 8-(- 2.2-
END OF AGREEMENT FOR CONSULTANT SERVICES
OTvISD Agreement for Consultant Services
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 92 of 198 Attachment A
CONSULTANT: City of Montclair
Services to be performed by CONSULT ANT:
CONSULT ANT agrees to perform the following services on the dates and times herein stated in accordance with directions stipulated to by DISTRICT ( provide attachment ifnecessary):
I. CONSULT ANT will provide staff and materials to operate the expanded learning program services at the following sites:
a. Kingsley
b. Lehigh
c. Mission
d. Monte Vista
e. Serrano.
II. CONSULT ANT will have the following responsibilities in support of the ASES program:
a. Coordinate the academic assistance, homework support, and enrichment portions ( including time for physical activity) of the ASES program at each school site. b. Hire, train, and supervise site staff, including the site coordinators and program leaders. c. Seek regular input from principals regarding performance evaluations, including recommendations for retraining and terminating a site coordinator and/or other site staff. d. Participate in all cross- training for site coordinators and program leaders. e. Maintain ongoing communication between CONSULT ANT staff and school staff regarding student needs and progress, including, but not limited to attendance at school- day meetings and/ or one- on- one meetings with teachers.
f. Coordinate ASES activities with school staffto assure program supports current academic goals ofteachers and administrators.
g. Provide academic assistance and other activities specifically supporting, but not duplicating, daytime curriculum and academic goals.
h. Foster communication with and involvement of parents through parent orientations, parent handbook, development and distribution of periodic newsletters, and hosting, at a minimum, one parent night. i. Regularly attend and participate in regularly scheduled operation meetings with DISTRICT liaison. j. Provide the DISTRICT, in a timely manner, with any required documentation, such as, but not limited to, monthly program evaluations, attendance, and supper counts. k. CONSULT ANT staffing will be at a ratio of 20 students to one staff for grades 1-8 and at a ratio of 10 students to one stafffor grades TK and K.
1. In the event there is temporarily not sufficient staffing to meet ratios listed inAttachment A, section Il(k), CONSULT ANT agrees to recruit, hire, and train additional staff to meet the ratios noted in Attachment A, section II(k).
m. CONSULT ANT will be timely in the hiring of necessary staff and communicate any delays in hiring staff to the DISTRICT.
ill. In the event DISTRICT implements a distance learning model for delivering education services for a part of, or the entire school year, the expanded learning programs, which include programs after school and summer programs may also move to a distance learning format, ifpermitted by the California Department of Education. Such distance learning formats include, but are not limited to, prerecorded video lessons, printed assignments, or live video lessons. Ifthe expanded learning programs move to a distance learning format, CONSULT ANT will implement checks to obtain reasonable assurance of student attendance. Such checks may include, but are not limited to virtual roll calls, parental contact, or email confirmations.
IV. Section 4(f) of this agreement is amended as follows.
Provided however, such indemnification shall be only in proportion to and to the extent such liability, claim, debt, damage, demand, suit, action or cause of action is caused by or results from the improper conduct and/or negligence or intentional acts or omissions ofCONSULTANT, its officers, employees, or agents.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 93 of 198 Attachment B
CONSULTANT: City ofMontclair
Compensation:
I. Except as otherwise provided in this Agreement, DISTRICT agrees to compensate CONSULTANT for services rendered under this Agreement as follows:
a. CONSULTANT will be paid 95.0% of grant award from the California Department of Education henceforth CDE), according to Schedule A, attached hereto. b. Administrative costs may not exceed 5.0% of grant award from CDE, according to Schedule A, attached hereto.
c. IfDISTRICT fails to receive ASES grant funding, CONSULTANT will hold DISTRICT harmless for any financial liabilities or obligations it has incurred. d. Timing and amounts of payments will be made according to Schedule A, attached hereto. Ifthe funds received from CDE change, a pro rata adjustment to the maximum amount available for payment to CONSULTANT will be made.
e. CONSULT ANT fee will only be paid out offunds received by DISTRICT from the State and only up to the limits ofthis agreement.
f. CONSULT ANT is to provide documentation necessary for annual independent audits, in accordance with CDE requirements. Any additional audit cost bill to DISTRICT due to lack of documentation will be billed to CONSULTANT for payment.
g. DISTRICT may reduce funding if the annual attendance average does not meet at least 75% of the attendance required by CDE in a single year or is less than 85% in two consecutive years.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 94 of 198 No. School
065 Kingsley
066 Lehigh
071 Mission
072 Monte Vista
382 Serrano
Ontario- Montclair School District
ASES Payment Schedule- City of Montclair
July 1, 2022 through June 30, 2023
Schedule A
Estimated 95. 00%
Program Allocation To Montclair
ASES Supplemental 31,212. 78 29,652. 14
ASES Supplemental 28,219. 84 26,808. 85
ASES Supplemental 24,925. 41 23,679. 14
ASES Supplemental 41,559. 33 39,481. 37
ASES Supplemental 22,563. 09 21, 434. 94
148, 480. 45 141, 056. 44
OMSD' s
Balance Tenthly Payment
1,560. 64 2,965. 21
1,410. 99 2,680. 89
1,246. 27 2,367. 91
2,077. 96 3,948. 14
1,128. 15 2,143. 49
7,424. 01 14, 105. 64
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 95 of 198
ONTARIO- MONTCLAIR SCHOOL DISTRICT
Ontario, California
AMENDMENT TO CONSULTANT SERVICES
AGREEMENT NO. 22-59
Amendment No. 1
cC. iltr~c~·#: 132~3~04& •.. · Am~~ dment: M ..!._ O~i~nal Start Da. te ~ Illy 1, .20. 22 Original End Date Jun~ 30, 2023 Contract C-223-048 is herewith amended between the Ontario- Montclair School District and Contract Number
C_ i_ty~o_f_M_ o_n_tc_la_ir~~~-------- as authorized by the Terms and Conditions of the original Agreement Consultant Name
except for:
AMENDMENT TO TERM ( only to be filled out if the original date of agreement is changing):
Start Date: End Date:
REQ! I!RED lF EX' rENDlNG TERlA
AMENDMENT TO SERVICES:
Amendment Ml to Contract C-223-048 with CITY OF MONTCLAIR to provide staff and materials for the ASES expanded learning program. Amendment is to remove the Exhibit B : VACCINE VERIFICATION I TESTING POLICY.
All other properties ofagreement remain unchanged. [ Originator: Fiscal Services) AMENDMENT TO COMPENSATION:
DISTRICT agrees to compensate CONSULTANT in the following manner:
Printed Name
Chief Business Official
Title
Ontario-Montclair School District
950 West D Street Ontario, CA 91762
909) 459-2500
Approved by Board of Trustees:
BOARD APPROVED
NOV 03 2022 OMSD Amendment to
Mayor
Title
5111 Benito Street Montclair, CA 91763
Address
909) 626-8571
Telephone Number
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 96 of 198 Agreement No. 22-59
Amendment No. 2
ONTARIO- MONTCLAIR SCHOOL DISTRICT
Ontario, California
AMENDMENT TO CONSULTANT SERVICES
e
y. y
Contract C- 223- 048 is herewith amended hehveen the Ontario- Montclair School . District and Contract Number
City of Montclair as authorized by the Terms and Conditions of the original Agreement Consultant Name
except for:
AMENDMENT TO TER 1( only to be filled out if the original date of agreement is changing):
Start Date: End Date:
REQUIRED IF EXTENDING TERM
AMENDMENT TO SERVICES:
The consultant will service additional students. Montclair will serve up to 200 students per site, for 6 hours/day for 15 days June 2- June 23) at Kingsley Elementary and Serrano Middle School.
AMENDMENT TO COMPENSATION:
DISTRICT agrees to compensate CONSULTANT in the following manner:
Total additional compensation not to exceed$ 43, 000. 00.
In witness whereof, the parties hereto have caused this Agreement tbe executed on Date ofBoard Meeting:
DI I CONS TAN
Signat e Si
Phil Hi an avier John utrey
Printed Name ame
Chief Business Official Mayor
Title Title
Ontario- Montclair School District 5111 Benito Street Montclair CA 91763 950 West D Street Ontario, CA 91762 Address
909) 459- 2500 909- 626- 8571
Telephone Number
Approved by Board of Trustees: ATTEST*
Andrea M. Myrl City Clark
APPROVEnEYTHE 0M*SD Aiuendnient to C.` oasuItaat Services MONTCLAIR CITY COUNCIL ON:
3 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 97 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 22–100 WITH THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY’S OFFICE TO STATION A VICTIM’S ADVOCATE AT THE POLICE DEPARTMENT THROUGH THE 2023–24 FISCAL
YEAR, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Amendment No. 1 to Agreement No. 22–100 with the San Bernardino County District Attorney’s Office to station a Victim’s Advocate at the Police Department, extending the duration of the Agreement through June 30, 2024.
A copy of proposed Amendment No. 1 to Agreement No. 22–100 is attached for the City Council’s review and consideration.
BACKGROUND: The City currently is in an agreement with the San Bernardino County District Attorney’s Office to station a Victim’s Advocate at the Police Department, which is set to expire on June 30, 2023. This arrangement is subject to the availability of funding though the County, which has secured funding to continue the arrangement through June 30, 2024. The Victim’s Advocate assigned to Montclair has been providing needed resources to crime victims including access to counseling, legal services, restitution, and information to help navigate the legal system.
FISCAL IMPACT: If authorized by the City Council, there is no funding requirement for Amendment No. 1 to Agreement No. 22–100.
RECOMMENDATION: Staff recommends the City Council approve Amendment No. 1 to Agreement No. 22–100 with the San Bernardino County District Attorney’s Office to station a Victim’s Advocate at the Police Department through the 2023–24 Fiscal Year, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 98 of 198 Agreement No. 22-100
Amendment No. 1
Standard Contract Page 1 of 3
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY District Attorney
Department Contract Representative Claudia Walker
Telephone Number (909) 382-3669
Contractor City of Montclair
Contractor Representative Lieutenant Brandon Kumanski
Telephone Number (909) 448-3605
Contract Term October 25, 2022–June 30, 2024
Original Contract Amount Non-Financial
Amendment Amount N/A
Total Contract Amount N/A
Cost Center 4502101000
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
AMENDMENT NO. 1
CONTRACT NO. 22-999
The following are amendments to Contract No. 22-999 between the City of Montclair (hereinafter “MPD”) and San Bernardino County through the District Attorney’s Office (hereinafter “County”) for Victim Advocacy services.
1. REPLACE TERM OF CONTRACT Section VI, with the following:
This Contract is effective as of October 25, 2022 and expires June 30, 2024 in accordance with the end of the fiscal year. This Contract may be terminated earlier in accordance with provisions of Section VII of the Contract. If AB109 funding is renewed in successive years, the contract term will change to match the funding period of the given year and be renewed upon agreement and signature by MPD and San Bernardino County.
Contract Number
22-999 A1
SAP Number
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 99 of 198 Revised 1/10/23 Page 2 of 3
2. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
3. All other terms and conditions of this Contract shall remain the same.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Katherine Hardy, County Counsel Jason Anderson, District Attorney SAN BERNARDINO COUNTY City of Montclair
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Javier John Dutrey
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 4870 Arrow Hwy
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 100 of 198 Revised 1/10/23 Page 3 of 3
Date Date Date
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 101 of 198 AGMT 22- 100
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAP Number
District Attorney
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
Claudia Walker
909) 382-3669
City ofMontclair
Lieutenant Brandon Kumanski
909) 448-3605
October 25, 2022-June 30, 2023
Non-financial
N/A
N/A
4502101000
WHEREAS, the State of California, by and through Assembly Bill 109 which establishes The California Public Safety Realignment Act of 2011, permits a San Bernardino County Victim Advocate ( Advocate) to be stationed in a non- County agency or organization in order to provide Victim Advocacy Services to improve the health, welfare, and quality of life of victims of crime, including children; and WHEREAS, the City of Montclair ( City) desires to have an Advocate assigned to the Montclair Police Department MPD) for the purpose of providing Victim Advocacy services, located at 4870 Arrow Hwy, Montclair, CA 91763, and
WHEREAS, San Bernardino County ( County) is willing to provide an Advocate to perform these services, and the parties are willing to enter into a non- financial agreement as set forth below; NOW, THEREFORE, the County and City mutually agree to the following terms and conditions:
Standard Contract Page 1of10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 102 of 198
TABLE OF CONTENTS
DEFINITIONS ........................................................................................................................................................... 3 Montclair Police Department RESPONSIBILITIES .............................................................................................. 3 Montclair Police Department GENERAL RESPONSIBILITIES ............................................................................ 4 IV. COUNTY RESPONSIBILITIES ................................................................................................................................ 6 V. FISCAL PROVISIONS ............................................................................................................................................. 6 VI. TERM ........................................................................................................................................................................ 7 VII. EARLY TERMINATION ........................................................................................................................................... 7 VIII. GENERAL PROVISIONS ......................................................................................................................................... 8
ATTACHMENTS
ATTACHMENT A-VICTIM ADVOCATE SERVICES
Revised 5/12/21 Page 2of10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 103 of 198 I. DEFINITIONS
A. MPD - Montclair Police Department and the City of Montclair. The City of Montclair is the entity with the legal authority to enter into an agreement for Montclair Police Department. All legally binding provisions in this agreement, attributed to MPD, shall be legally binding on the City of Montclair and the Montclair Police Department.
B. Victim Advocate - staff from San Bernardino County District Attorney' s Office ( Bureau of Victim Services) who will be assigned to provide victim advocate services.
II. MPD RESPONSIBILITIES
MPD shall:
A. Provide adequate office space, Internet connectivity, the ability to print to a duplex-capable printer, equipment, supplies, and office assistance for each Advocate as outlined below. Where County finds that the facilities, equipment, supplies, and/or MPD office assistance are inadequate, the County will provide the City with notice and provide the City with reasonable time to cure.
1. Adequate office space includes, but is not limited to, a dedicated, secure private interviewing/ work area of at least 11 Osquare footage to safely contain all the equipment and supplies, as well as the Advocate and two ( 2) other adults. There should also be a client waiting area separate from the interviewing/ work area.
2. Provide adequate and secure internet connectivity to allow wireless access from the Advocate' s computer ( provided by the District Attorney) to the District Attorney' s network.
If MPD requires that the Advocate electronically enter notes or services provided into MPD's case management system, MPD will obtain prior approval from the Chief or Assistant Chief of Victim Services, provide a computer for the Advocate, and provide training to the Advocate on the network and/or case management system. MPD and the District Attorney will maintain separate computer systems such that the computer issued to the Advocate by the District Attorney's office will only be used to access the District Attorney network and systems and any computer issued by MPD will only be used to access MPD's network and systems.
3. Adequate office assistance includes, but is not limited to, answering the phone and taking messages when Advocate(s) are not present or providing a phone with voice mail capabilities.
B. Ensure MPD staff receives adequate instruction on applicable confidentiality regulations to protect/maintain the confidentiality of all applicants and recipients.
C. Ensure MPD employees make no attempt to exercise any control or supervision over County staff or to influence County staff regarding any client or case action.
D. Contact the Chief of Victim Services or her designee with any concerns and/or suggestions for overcoming problem areas and/or changing procedures. The Chief of Victim Services will ensure consistency with County policies and procedures is maintained.
E. Provide County with three (3) copies of the applicable federal/state and MPD rules and regulations and provide training on police department policies and procedures, including but not limited to policies governing the receipt and use of confidential information, which may be applicable to the Advocate's job duties. Any exchange of confidential information shall only be used to enable the provision of services under this agreement and for the purposes expressly allowed by law.
F. Provide County with a sixty (60) day prior written notice and justification of MPD's desire to increase or decrease the number ofAdvocate staff/hours.
G. Understand and agree that County may or may not meet the amount of assigned Advocate time and/or staff requested based on limitations of County resources and personnel and County's ability to fill these positions.
Revised 5/12/21 Page 3 of 10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 104 of 198 H. Not hold County responsible, financially or otherwise, for any action taken by the State, which would require the removal of the Advocate staff from MPD or termination of this contract in part, or whole.
I. Ensure a safe working environment to the extent reasonably possible for Advocate staff. 111. MPD GENERAL RESPONSIBILITIES
A. In the performance ofthis Contract, MPD, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents ofSan Bernardino County. Further, in the performance ofthis contract Advocate shall not be deemed to be an officer, employee, or agent ofthe City of Montclair. MPD agrees to comply with the applicable federal suspension and debarment regulations, including, but not limited to Federal Executive Order 12549 ( 51 FR 6370). By signing this Contract, MPD certifies that:
1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department;
2. Have not within a three-year period preceding this Contract been convicted of or had a judgment rendered against them for commission offraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or a violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal, State or local) with commission of any of the offenses enumerated in Paragraph ( A)(2) herein; and
4. Have not within a three-year period preceding this Contract had one ( 1) or more public transactions ( Federal, State or local) terminated for cause or default.
B. MPD shall not be identified as suspended or debarred on the federal System for Award Management' s SAM) excluded list. If at any time during the term of this Contract, the County determines MPD is identified as either suspended or debarred on the SAM, MPD shall be considered in material breach of this Contract, and the County may result in immediate termination ofthis Contract C. Without the prior written consent of the District Attorney or his/her designee, this Contract is not assignable by MPD either in whole or in part.
D. MPD agrees to provide or has already provided information on former San Bernardino County administrative officials ( as defined below) who are employed by or represent MPD. 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 MPD. For purposes of this provision, " County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, Chief Executive Officer of the County 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.
E. Ifduring the course ofthe administration ofthis Contract, the County determines that the MPD has made a material misstatement or misrepresentation orthat materially inaccurate information has been provided to the County, this Contract may be immediately terminated. Ifthis Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
F. MPD agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the District Attorney or his/her designee. Any subcontractor shall be Revised 5/12/21 Page 4of10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 105 of 198 subject to the same provisions as MPD. MPD shall be fully responsible for the performance of any subcontractor.
G. MPD shall notify County in writing of any change in mailing address and/ or physical location within ten 10) days of the change, and shall immediately notify County of changes in telephone or fax numbers.
H. MPD shall designate an individual to serve as the primary point of contact for the Contract. Contractor shall notify the County when the primary contact will be unavailable/ out of the office for one ( 1) or more workdays. MPD or designee must respond to County inquiries within two ( 2) County business days.
I. MPD shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The MPD shall not use or disclose any identifying information for any other purpose other than carrying out the MPD' s obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.
J. Indemnity and Insurance - The MPD and the County agree to and shall comply with the following indemnification and insurance requirements:
1. Indemnification - The MPD agrees to indemnify, defend ( with counsel reasonably approved by the 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 the performance ofthis Contract by MPD but only to the extent such claims, actions, losses, damages, and/or liability are caused by or result from the negligence or intentional acts or omissions of the MPD, its authorized officers, employees, agents, and volunteers, except where such indemnification is prohibited by law.
The County agrees to indemnify, defend ( with counsel reasonably approved by the MPD) and hold harmless the MPD and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Contract by County but only to the extent such claims, actions, losses, damages, and/or liability are caused by or result from the negligence or intentional acts or omissions of the County, its authorized officers, employees, agents, and volunteers, except where such indemnification is prohibited by law.
In the event that the County and/or the MPD are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, the County and/ or the MPD shall indemnify the other to the extent of its comparative fault.
2. Insurance Self-Insured - The MPD and County are self-insured for purposes of professional liability, general liability, and Workers' Compensation, the self-insured MPD and County each warrants that through its program of self-insurance, it has adequate professional liability, general liability and Workers' Compensation to provide coverage for liabilities arising out of MPD' s or County' s performance of this Contract.
K. MPD shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. MPD shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract.
L. MPD shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract.
M. If any legal action is instituted to enforce any party' s rights hereunder, each party shall bear its own costs and attorney fees, regardless ofwho is the prevailing party. This paragraph shall not apply to those costs Revised 5/12/21 Page 5of10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 106 of 198 and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
N. MPD agrees that any news releases, advertisements, public announcements or photographs arising out ofthe Contract or MP D's relationship with County shall not be made or used without prior written approval of the Public Affairs Officer ofthe District Attorney Department or his or her designee.
IV. COUNTY RESPONSIBILITIES
County shall:
A. Provide the Victim Advocate Services set forth in Attachment A to this Contract.
B. Provide the Advocate a computer and office furniture in a designated office at MPD.
C. Make a good faith effort to employ and train the number ofAdvocates required to handle the workload for MPD.
C. Schedule the Advocate( s) at MPD on weekdays only ( Monday through Friday). Advocate( s) shall not be available on weekends, evenings, nights, County holidays, or 9/80 off days except if there is an incident of mass violence. Advocate( s) shall not work in excess of eighty hours during a twoweek pay period.
D. Be under no obligation to provide replacement Advocate( s) in the event an assigned Advocate is temporarily absent for any reason. County shall make a good faith effort to provide coverage ofMPD during planned and unplanned absences within the limitations of County resources and personnel.
E. Maintain sole authority and responsibility for the assignment and/or reassignment of all County staff, including assignment and tasks required to be completed pursuant to this Contract.
F. Provide for supervision of the Advocate(s) by a Supervising Victim Advocate and for management by the Assistant Chief ofVictim Services orthe Chief ofVictim Services.
G. Have sole responsibility of supervising County staff, and MPD shall not exercise any control or supervision over County staff. Any concerns or suggestions shall be taken to the Supervising Victim Advocate or the staff designated by the Chief or Assistant Chief ofVictim Services. This paragraph does not preclude MPD staff from consulting with the Advocate regarding any victim or case action.
H. Review the applicable MPD rules and regulations provided to County by MPD. MPD is to provide to County any rules or regulations that are in writing and not already covered by this Contract.
County will assure that Advocate(s) assigned to MPD conform to the reasonable rules and regulations of MPD which are not in conflict with County rules and regulations and which are applicable to MPD employees.
I. Maintain a log of cases taken and the disposition of cases, for County and MPD purposes.
J. Provide MPD with information to enable MPD to refer only clients who are potentially eligible for Victim Advocate services.
K. Provide interpreters for clients when MPD interpreters are not available.
L. Provide an appointment calendar to be used jointly by the Advocate(s) and MPD staff in setting appointments with the Advocate(s).
M. Require Advocate(s) to refer clients who request alternative or additional services to the appropriate resource.
N. Ensure that all clients are processed in accordance with the applicable state statutes/regulations and County policies.
V. FISCAL PROVISIONS
A. There shall be no financial remuneration to the County provided that Federal/ State funding for the Victim Advocate services is not decreased or withdrawn.
Revised 5/12/21 Page 6 of 10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 107 of 198 However, ifthe Federal/State funding for Victim Advocate services i§ decreased or withdrawn, MPD will choose from one of the following options:
1. Retain the Outstationed Advocate(s) at the MPD site and reimburse the County on the productive hourly rate of salary, benefits, and overhead of an Advocate to be calculated at the time the decreased/ withdrawn funding occurs;
OR
2. Remove the Outstationed Advocate( s) from the MPD site and terminate the Contract.
B. If MPD chooses to reimburse the County per Paragraph A, Item 1, above, any payments to the County shall commence within thirty (30) days of County notification to MPD. MPD shall then submit monthly payments to the County within ten ( 10) days following the service month. Monthly payments, along with all supporting documentation, are to be sent to:
VI. TERM
San Bernardino County
Office of the District Attorney
Attention: Chief of Administration or Chief of' Victim Services 303 West 3rd Street, 61h Floor
San Bernardino, CA 92415
This Contract is effective as of October 25, 2022 and expires June 30, 2023 in accordance with the end of the fiscal year. This Contract may be terminated earlier in accordance with provisions of Section VII of the Contract. IfAB109 funding is renewed in successive years, the contract term will change to match the funding period of the given year and be renewed upon agreement and signature by MPD and San Bernardino County.
VII. EARLY TERMINATION
The County may terminate the Contract immediately under the provisions of Section Ill, Paragraph D, and Section VIII, Paragraph C, ofthe Contract. In addition, the Contract may be terminated without cause by the County or MPD by serving a written notice to either party thirty ( 30) days in advance of termination. The District Attorney or his designee is authorized to exercise the County' s rights with respect to any termination of this Contract.
VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below.
MPD:
County:
City of Montclair Police Department
Lieutenant Brandon Kumanski
4870 Arrow Highway
Montclair, CA 92335
San Bernardino County
Office ofthe District Attorney
Flerida Alarcon, Chief ofVictim Services
303 West 3rd Street, 61h Floor
San Bernardino, CA 92415
B. 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. MPD 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.
Revised 5/12/ 21 Page 7of10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 108 of 198 The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent ofthe 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.
MPD shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from MPD. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
D. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay orfailure of a Party in exercising any right under the Contract shall affect any other or future exercise ofthat right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.
E. Any alterations, variations, modifications, or waivers of provisions ofthe Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.
F. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected.
G. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in San Bernardino County, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts.
IX. CONCLUSION
A. This Contract, consisting of ten (10) pages, is the full and complete document describing services to be rendered including all covenants, conditions and benefits.
B. The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.
C. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.
The parties shall be entitled to sign and transmit an electronic signature of this Contract ( whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request IN WITNESS WHEREOF, San Bernardino County and MPD have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
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MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 109 of 198 I
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SAN BERNARDINO COUNTY
Curt Hagman, Chairman,
Dated:
OCT
SIGNED AND CERTIFIED THAT A COPY OF THIS
CHAIRMAN OF THE BOARD Title
City of Montclair
e of corporation, company, contractor. etc.)
ature - sign in blue ink)
Javier John Dutrey
Print O! type name of person signing contract)
Mayor
Dated: ~/ IQ\/ ' 2..7-___ _,__(=
P~rin_t_o_r_r=.~-pe-.~-,~~~~--~
Attest
By
Name
1) ! I i i
1'1 I
Afidrea Myrick
Print or type name ofperson signing contracrTitle ' City Clerk. , Print or Type)
Dated: '" 1 - I °!· - d--o "d:d-...
Address 4870 Arrow Hwy
Montclair, CA 92335
Reviewed for Contract Compliance
Date-------------
Revised 5/12/21
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 110 of 198
ATTACHMENT A- VICTIM ADVOCATE SERVICES
Police Based Advocacy Program
The Victim Advocate assigned to provide services will be located within the Montclair Police Department. The Advocate will assist victims of crime who reside or work in Montclair, California. The San Bernardino County District Attorney' s Office Bureau of Victim Services is committed to improving, enhancing, and expanding victim services throughout law enforcement agencies. The victim advocate will respond to crime scenes ( once secured) and other locations upon request from law enforcement to provide the following advocacy services to victims and witnesses, including, but not limited to:
Immediate crisis intervention ( short-term emotional and physical care) in person or by telephone Crisis counseling if needed
Emergency needs assessment for food, shelter, clothing, medical care and transportation Accompaniment during medical exams as requested
Referrals to San Bernardino County, qualified professionals, or Community Based Organizations for services
o Counselors and/or counseling agencies
o State of California Victim Compensation claim assistance Orientation to the criminal justice system
Emergency Relocation assistance, Temporary Lodging assistance Notifications of the status of the case( s) involving the victim Assistance with victim impact statement
Travel assistance to and from Court proceedings
Assistance with obtaining childcare during Court proceedings Example of how services will be provided
The Victim Advocate will be well versed in the department' s investigative process in order to better explain the process to victims and witnesses.
Contact with victims will be initiated through various means:
Victim Services brochure provided by law enforcement to victim Telephone contact
Police reports provided to the Victim Advocate
At the crime scene
Police Department walk- ins
The Victim Ad.vacate will provide an orientation to criminal justice system and process and can provide assistance with victim impact statements, assistance in securing child care so that the victim can attend court and arrange for travel and accompaniment to court and criminal justice offices if the case is filed by the District Attorney' s office.
Revised 5/12/ 21 Page 10of10
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 111 of 198 REPOR. T/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 25, 2022
FROM
JASON ANDERSON, District Attorney
SUBJECT
Non- Financial Agreement with the City of Montclair to Provide Victim Advocacy Services
RECOMMENDATION( S)
Approve non-financial Agreement No. 22- 999 with the City of Montclair for the District Attorney's Office to provide onsite Victim Advocacy Services to victims of crime, from October 25, 2022 through June 30, 2023.
Presenter: Michael Fermin, Chief Assistant District Attorney, 382- 3662)
COUNTY' AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding ( Net County Cost). This is a non-financial agreement with the City of Montclair (City). The cost of the Victim Advocate will be funded by an allocation to the District Attorney's Office (Department) from the California Public Safety Realignment Act established through Assembly Bill ( AB) 109.
Sufficient appropriation and revenue are included in the Department' s 2022- 23 budget.
BACKGROUND INFORMATION
On April 4, 2011, Governor Edmund G. Brown signed AB 109, the California Public Safety Realignment Act, which created significant change to the California Correctional System.
Specifically, AB 109 transferred responsibility for incarcerating, supervising and treating lowerlevel inmates and parolees from the California Department of Corrections and Rehabilitation CDCR) to the counties.
The Department' s Bureau of Victim Services receives an annual allocation from AB 109 to provide a wide variety of social services to victims and witnesses of crimes, including referrals to physical and mental health providers, coordination for volunteer support from the community, and assistance in applying for benefits from the Victims of Crime funds for economic losses.
Victim Advocates within the Department spend additional time explaining court processes, the current capacity status of the jail system, and the likelihood of defendants being released earlier as a result. Additionally, Victim Advocates assist victims of crime in registering for the National Victim Notification Network program.
To reach victims and witnesses of crime more quickly, the Department is expanding its hospitalbased and police- based advocacy programs. The agreement with the City will allow the Item 39
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 112 of 198 Noh- Financial Agreement with the City of Montclair to Provide Victim Advocacy Services
October 25, 2022
Record of Action of the Board of Supervisors
San Bernardino County
APPROVED (CONSENT CALENDAR)
Moved: Joe Baca, Jr. Seconded: Janice Rutherford
Ayes: Col. Paul Cook ( Ret.}, Janice Rutherford, Dawn Rowe, Curt Hagman, Joe Baca, Jr.
Lynna Monell, CLERK OF THE BOARD
cc: DA- Walker w/agree
Contractor- C/O DA w/agree
File- w/agree
LA 10/ 26/ 2022
Item 39
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 113 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: PDT205
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–34 WITH ALL CITY MANAGEMENT SERVICES, INC. FOR SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2023– 24, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 23–34 with All City Management Services, Inc. for school crossing guard services for Fiscal Year 2023–24.
Proposed Agreement No. 23–34 is attached for City Council’s review and consideration.
BACKGROUND: All City Management Services, Inc. has provided school crossing guard services for the City since November 1998 and has notified Police Department staff that its hourly rate for crossing guard services will increase for Fiscal Year 2023–24. The adjustment would increase the current hourly rate by $3.27, resulting in an hourly billing rate of $29.66.
All City Management Services, Inc. has indicated that, in order to maintain its workforce, it must maintain a buffer between the state–mandated minimum wage and its own wage rates. The company must also provide wages that would allow it to effectively compete against other part–time employers for recruitment and retention of crossing guards.
FISCAL IMPACT: With the rate increase, All City Management Services, Inc. has calculated the estimated annual program cost to be $209,494. Included in the Police Department’s preliminary Fiscal Year 2023–24 Budget is an allocation of $185,000 to provide crossing guard services for the 2023–24 school year. Because projected costs are estimated to exceed the amount budgeted for the upcoming fiscal year, the Department will evaluate actual costs and determine whether to request more funding during the Midyear Budget Review process.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 23– 34 with All City Management Services, Inc. for school crossing guard services for Fiscal Year 2023–24 subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 114 of 198 1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May 9, 2023 and is between the CITY OF MONTCLAIR (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for a period of time which commences on or around July 1, 2023 and ends on June 30, 2024, and for such a term thereafter as the parties may agree upon.
2. The Contractor is an independent contractor and the guards to be furnished by it shall at all times be its employees and not those of the City.
3. The City’s representative in dealing with the Contractor shall be the City Manager or such a person as the City Manager may designate.
4. If, at any time during the contract period, the City questions the meaning of any item of this Agreement, the City may contact the Contractor for interpretation of that item.
5. The City shall have the right to determine the hours and locations when and where the guards shall be furnished by the Contractor. The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations. The City further has the power to add to, delete from or revise the work schedule/locations at any time.
6. The Contractor shall provide supervisory personnel to see that guard activities are taking place at the required places and times, and in accordance with all items of this Agreement.
7. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate guards in the event that any person fails to report for work at the assigned time and location.
8. The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and laws and codes of the State of California and the City of Montclair.
9. The Contractor shall train, schedule, provide and supervise personnel in accordance with the contract and the rules and regulations of the City of Montclair. Crossing Guards shall perform their duties as trained and within the City’s rules for such guards.
Agreement No. 23-34
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 115 of 198 2 10. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Montclair pertaining to general pedestrian safety and school crossing areas.
11. Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Montclair are in session.
12. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary. Apparel and equipment shall be pre-approved by the City Manager or the designee.
13. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 001, with minimum limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and $3,000,000 aggregate total bodily injury, personal injury and property damage. Commercial General Liability Insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Automobile Liability Insurance: Automobile Liability Insurance with overage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned, and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers Compensation: Workers Compensation Insurance, as required by the State of California and Employers Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provisions or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by section (a)(1) Commercial General Liability; and (a)(2) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 116 of 198 3 Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability”
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Contract Primary Insurance: This insurance shall be primary and any other insurance whether primary, Excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(2) The policy or policies of insurance required by Section (a)(3) Workers’ Compensation shall shall be endorsed as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of Subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a provision. (e) Evidence of Insurance
The Contractor, concurrently with the execution of the contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 117 of 198 4 (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall Protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy not contained a deductible or self-insured retention. (g) Contractual Liability
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this contract.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such a period of time as the required insurance coverage is not in effect and evidence if insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement, or if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all Subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Contract with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least there (3) years from termination or expiration of this Contract.
Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to City evidence of “tail” coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that wall work under this contract is completed.
(k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 118 of 198 5 limits of insurance in compliance with he terms of this Contract/Agreement, including adding the City as an Additional Insured to the Subcontractor’s policies.
14. Contractor agrees to indemnify the City, its officers, employees, and agents against, and will Hold and save each of them harmless from, any and all actions, claims, damages to persons or Property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitee, or otherwise arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to Contractor’s performance of this Agreement.
a) Contractor will defend any action or actions filed in connection with any said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney’s fees incurred in connection herewith. The Contractor’s obligation to defend the City, its officers, employees and agents is not contingent upon there being an acknowledgment or determination of the merit of any claims, penalties, obligations, errors, omissions and/or costs.
b) Contractor will promptly pay any judgement rendered against the City, its officers, agents, or employees for any such claims, damages, penalties, obligations or liabilities to the extent to judgment arises from the negligent acts or intentional tortuous acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitees, or otherwise from the Contractor’s performance of the Agreement.
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with Contractor’s performance of this Agreement, Contractor agrees to pay City, its officers, agents or employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including, but not limited to, reasonable attorney’s fees. d) All obligation under this provision are to be paid by Contractor as they are incurred by City.
e) The provisions of this indemnity provision as contained at Paragraph 14 are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City provided that this Paragraph 14 will not be interpreted to require Contractor to indemnify City to the extent that a court determines that the negligent acts or intentional tortuous acts, errors, or omissions of the City, its agents, employees or representatives caused or contributed to the underlying action or claim. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to indemnify and protect as set forth herein.
15. Either party shall have the right to cancel this Agreement by giving thirty (30) days written notice to the other.
16. The Contractor shall not have the right to assign this Contract to any other person or firm except with the consent of the City.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 119 of 198 6 17. The City agrees to pay Contractor the sum of Twenty-nine Dollars and Sixty-six Cents ($29.66) per hour for each hour of crossing guard services provided pursuant to this Agreement.
18. In the event that this Agreement is extended beyond June 30, 2024, the compensation for services shall be established by mutual consent of the parties. Said payment shall be made upon written statement to the City by the Contractor and approval of the appropriate City representative.
19. This Agreement shall be governed by and construed in accordance with the law of the State of California.
20. In the event any legal proceeding is instated to enforce any term of provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover Attorney’s fees and costs from the opposing party in an amount determined by the court to be reasonable.
[SIGNATURES FOLLOW ON NEXT PAGE]
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 120 of 198 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
CITY CONTRACTOR
City of Montclair All City Management Services, Inc.
By_____________________________ By______________________________ Javier John Dutrey, Mayor Baron Farwell, General Manager Date____________________________
_____________________________
Andrea M. Myrick, City Clerk
Attest:
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 121 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: PDT175/SCH125/SCH350
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–35 WITH CHAFFEY JOINT UNION HIGH
SCHOOL DISTRICT FOR SPECIALIZED LAW ENFORCEMENT SERVICES DURING FISCAL YEAR 2023–24, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY
ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 23–35 with Chaffey Joint Union High School District (CJUHSD) for one dedicated Safe School Zone Officer for assignment at Montclair High School.
Proposed Agreement No. 23–35 has been reviewed by the City Attorney and is attached for City Council’s review and consideration.
BACKGROUND: The City currently has an agreement with CJUHSD for a Safe School Zone/School Resource Officer (SRO). Pursuant to the terms of Agreement No. 23–35, CJUHSD would pay $105,222 toward the cost of a SRO. The Police Department would be obligated to provide the presence of one SRO for the high school for eight hours each school day.
This contract would be for the regular school year and includes summer school.
FISCAL IMPACT: Should this item be approved, CJUHSD would pay $105,222 toward the salary of an SRO beginning July 1, 2023, through the remainder of Fiscal Year 2023–24.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 23– 35 with CJUHSD for specialized law enforcement services during Fiscal Year 2023-24, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 122 of 198 Agreement No. 23-35
1 AGREEMENT
FOR SPECIALIZED LAW ENFORCEMENT SERVICES
This Agreement is made and entered into this 1st day of July , 2023 by and between the City of Montclair (hereinafter referred to as CITY) and the Chaffey Joint Union High School District (hereinafter referred to as DISTRICT), both of whom understand as follows:
WITNESSETH
WHEREAS, the following services are to be performed subject to the conditions hereinafter set forth:
NOW, THEREFORE in consideration of these services and mutual conditions hereinafter provided, the parties hereto agree as follows:
A. Beginning with the school year through the end of the school year 2024, the CITY will perform specialized law enforcement services for the DISTRICT at and about the campus of Montclair High School. It is understood that these services are to be provided, to the extent possible, on regularly scheduled school days between 7:00 a.m. and 3:00 p.m., and during mutually agreed upon “in-service” or familiarization periods.
1. It is acknowledged that the provision of services may be interrupted by the normal working conditions experienced by law enforcement agencies, which include, but are not limited to: employee illness, court appearances, training requirements, prisoner transportation, emergency circumstances taxing on other departmental resources, etc. Should the interruption of services, for any reason, extend beyond two successive days, the CITY shall meet its obligation through the assignment of an alternate sworn employee.
B. This Agreement will allow the CITY, through its Police Department, to provide the following specialized law enforcement services to the DISTRICT:
1. One Sworn Community Oriented Officer, known as a Safe School Zone Officer, shall, through random patrol and their on-campus presence, strive to maintain a crime-free zone on and around each school campus.
2. Through the Safe School Zone Officer, provide a consistent and timely response to calls for assistance from the high school or concerning students from the high school.
3. Through the Safe School Zone Officer, provide a consistent liaison for the high school administration on law enforcement matters.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 123 of 198 Agreement No. 23-35
2 4. Through the Safe School Zone Officer, provide resources and materials necessary for classroom presentations on law enforcement matters.
5. Through the Safe School Zone Officer, maintain a physical presence on campus during the hours of approximately 7:00 a.m. and 3:00 p.m. on each school day subject to possible interruptions as described in paragraph A(1) above. While on campus, the role of the officer is to:
a. Act as a positive role model for students.
b. Facilitate a positive and interactive student/law enforcement relationship.
c. Maintain a proactive stance toward crime prevention and order maintenance.
d. Act as first responder to criminal conduct or order maintenance issues occurring on or about the high school campus.
e. Within the confines of the law, act as information resource for school administrators on matters of mutual concern.
C. In addition to the above, beginning with the summer session of 2023, the Safe School Zone Officer will provide services to the high school, adjusting the hours to the school schedule.
1. One Safe School Zone Officer will maintain a physical presence on campus each day during the regularly scheduled school hours.
D. In consideration for providing these services, the DISTRICT will pay to the CITY a total of $105,222 invoiced in two equal $52,611 amounts; the first during November 2023, and the second due in May 2024.
E. It is understood by both parties that the Safe School Zone Officer or other CITY officers providing this service shall remain CITY’s employee at all times. As such, the CITY shall be responsible for all employment costs, supervision, control, and assignment of said officers.
F. This Agreement is not assignable, either in whole or in part, by DISTRICT without the prior written consent of the CITY. The laws of the State of California shall govern the rights, obligation, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of the Agreement, if in dispute.
G. If the DISTRICT in its reasonable discretion is dissatisfied with a School Zone Officer, the CITY shall assign a different School Zone Officer.
H. The School Zone Officer shall defer to the Principal in all school discipline issues, except those that place students, faculty and staff at risk of harm.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 124 of 198 Agreement No. 23-35
3 I. It will be the responsibility of the School Zone Officer to report all crimes originating on campus.
J. The School Zone Officer shall share information with the principal about persons and conditions that pertain to campus safety concerns.
K. The School Zone Officer shall coordinate all of his or her activities with the principal and staff members concerned and will seek permission, guidance and advice prior to enacting any programs within the school.
L. CITY shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the services or those engaged to perform services under this Agreement. CITY shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the services.
M. CITY is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement.
Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CITY or any of CITY’s agents or employees. CITY assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. CITY, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.
TERMINATION OR MODIFICATION OF AGREEMENT
This Agreement shall end on June 30, 2024, unless extended by both the CITY and DISTRICT.
The CITY or DISTRICT may terminate all or any portion of this Agreement at any time upon providing a thirty (30) day written notice delivered to the addresses below. In the event the Agreement is terminated by either party prior to June 30, 2024, DISTRICT shall pro-rate its final payment for services rendered at $8,769 per month.
CITY: City of Montclair
5111 Benito Street
Montclair, California 91763
DISTRICT: Chaffey Joint Union High School District
211 West Fifth Street
Ontario, California 91762
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 125 of 198 Agreement No. 23-35
4 INDEMNIFICATION
DISTRICT shall defend, indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of DISTRICT under this Agreement.
CITY shall defend, indemnify and hold harmless the DISTRICT, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of CITY under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove written.
CITY OF MONTCLAIR
Javier John Dutrey,
Mayor
ATTEST:
Andrea M. Myrick,
City Clerk
CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT
Dr. Kern Oduro,
Assistant Superintendent of Personnel
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 126 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: STA700
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–36 WITH WEST COAST ARBORISTS
FOR TREE MAINTENANCE SERVICES, SUBJECT TO ANY REVISIONS DEEMED
NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: City Council approval is required for all Agreements.
The City Council is requested to consider approval of Agreement No. 23–36 with West Coast Arborists (WCA) for tree maintenance services. Prior Agreement No. 20–15 with WCA is expiring on June 30, 2023. Approval of Agreement No. 23–36 would extend tree maintenance services with WCA for an additional three years, through June 30, 2026.
A copy of proposed Agreement No. 23–36 is attached for the City Council’s review and consideration.
BACKGROUND: At its meeting of May 4, 2020, the City Council approved Agreement No. 20–15 with WCA for tree maintenance services. Agreement No. 20–15 was a three– year agreement expiring on June 30, 2023. Agreement No. 20–15 did not provide for an annual cost of living increase. WCA is requesting a 10 percent cost of living increase to offset the increase in operating costs. Proposed agreement 23–36 includes the requested 10 percent increase for an additional three years.
WCA continues to provide the City with high–quality tree–trimming and other tree– related services. WCA has been under contract with the City to trim trees since October 2000. The company is responsive to staff’s requests and has established an internet– based inventory of all City trees at no additional cost. Public Works staff uses the inventory in its annual tree–trimming program. The inventory provides location, species, work history, and value of each City tree. WCA continues to update a full inventory of all City–owned, privately–owned, and vacant locations of trees on public, residential, and commercial properties, and has incorporated them into a geographic information system (GIS) form.
FISCAL IMPACT: The cost to provide tree–maintenance services for Fiscal Year 2023–24 is estimated at $124,104 and the funds are included in the Fiscal Year 2023–24 Public Works Department budget request.
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 23–36 with West Coast Arborists for tree maintenance services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 127 of 198 Agreement No. 23-36
CITY OF MONTCLAIR
AGREEMENT FOR CONTRACTOR SERVICES
TREE TRIMMING SERVICES
THIS AGREEMENT is made and effective as of July 1, 2023, between the CITY OF MONTCLAIR, a municipal corporation (the "City") and WEST COAST ARBORISTS, INC., a California corporation (the "Contractor"). The City and the Contractor are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2023 and shall remain and continue in effect for a period of approximately three years, expiring on June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit A.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. If the work performed by Contractor is not satisfactory, the City’s Public Works Superintendent or his designated representative may suspend the Agreement for any period of time or terminate the Agreement as set forth herein. No sums shall be due or payable to the Contractor for or during any time of such suspension or after termination.
4. CITY MANAGEMENT
City’s Public Works Superintendent or his/her designee shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all work to be performed by Contractor.
5. PAYMENT
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, for work completed.
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(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City’s Public Works Superintendent. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City’s Public Works Superintendent and Contractor at the time City’s written authorization is given to Contractor for the performance of said services.
(c) Contractor will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates, and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Contractor’s fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Prior written approval from the City shall be required prior to any and all work performed by Contractor. If prior written approval is not obtained by the Contractor, no payment will be approved.
6. TERMINATION OF AGREEMENT
(a) The City may terminate this Agreement at any time during the term of the Agreement by giving the Contractor not less than thirty (30) calendar days’ prior written notice. The Contractor may only terminate this Agreement for cause, and by giving the City prior notice in writing with a reasonable opportunity to cure any purported default. If the Agreement is terminated by the City, and provided Contractor is not then in breach, the Contractor shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and the Contractor shall have no other claim against the City by reason of such termination. This Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the Agreement. (b) Upon termination of the Agreement pursuant to this Section, Contractor shall submit an invoice to the City for all unpaid work completed.
7. DEFAULT OF CONTRACTOR
(a) The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default.
(b) If the City’s Public Works Superintendent or his/her designee determines that the Contractor is in default in the performance of any of the terms or conditions of MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 129 of 198 Agreement No. 23-36
this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Contractor shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Contractor herein, caused by or arising out of the negligent acts or omissions, or intentional MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 130 of 198 Agreement No. 23-36
misconduct of Contractor, including its subcontractors, employees, agents, and other persons or entities performing work for Contractor.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Contractor shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to Contractor’s officers, agents, representative, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor, or Contractor’s employees or agents, are or may be considered and treated as employees of the City, or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the primary negligence or willful intentional misconduct of the Indemnified Parties. Contractor’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors and Indemnification. Contractor agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Contractor and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Contractor further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Contractor or of Contractor’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 131 of 198 Agreement No. 23-36