Montclair City Council
February 18, 2025

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Tuesday, February 18, 2025
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
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
Tuesday, February 18, 2025
7:00 p.m.

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. 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. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.

Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.

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

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. Check Presentation by San Bernardino County Fourth District Supervisor Curt Hagman
B. Recognition of Major Donors for 2024 Holiday Food and Toy Basket Program 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).

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

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Special Meeting — January 21, 2025 [CC] 150

2. Regular Joint Meeting — January 21, 2025 [CC/SA/MHC/MHA/MCF] 151

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MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 1 of 158 Page No.

B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 4

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 5

3. Consider Receiving and Filing of Treasurer’s Report [SA] 6

4. Consider Approval of Warrant Register [SA] 7

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 8

6. Consider Approval of Warrant Register [MHC] 9

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 10

8. Consider Approval of Warrant Register [MHA] 11

9. Consider Acceptance of a FY 2025 Older Adults Home Modification Program Grant in the Amount of $1,226,284 from the U.S. Department of Housing and Urban Development [CC]
Consider Authorizing City Manager Edward C. Starr to Execute All Documents Related to Acceptance of the Grant [CC] 12
C. Agreements

1. Consider Approval of Agreement No. 25–01–I–112, an Irrevocable Annexation Agreement with Miguel Limon and Armida Limon Living Trust at 11242 College Avenue, Pomona, CA 91766 (APN 1012–391–05–0000), Subject to Any Revisions Deemed Necessary by the City Attorney (Case No. 2024–62) [CC] 14

2. Consider Approval of Agreement No. 25–10, with the Animal Resource Center of the Inland Empire (ARC) Joint Powers Authority (JPA) to Become a Member Agency of the ARC JPA for the Operation and Delivery of Animal Control, Licensing, and Sheltering Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $2 Million Allocation from the 2021 Lease Revenue Bond Fund for Payment Toward the Estimated $4.3 Million in Capital Cost Contributions Required from the City for Land, Animal Shelter Facilities, Administrative Offices, and Other Start–Up Costs Related to the Delivery of Animal Control and Sheltering Services [CC] Consider Authorizing Quarterly Allocations of Approximately $57,500 from General Fund Revenues Beginning FY 2025–26 for Payments Toward the Remaining Balance of $2.3 Million in Capital Cost Contributions Until the Interest–Free Obligation is Paid Off in Approximately Forty Quarterly Payments, or Ten Years [CC]
Consider Designating Mayor Javier John Dutrey as Director and a Council Member as Alternate Director to Serve on the ARC JPA Board of Directors [CC] 20

3. Consider Approval of Agreement No. 25–11 with the San Bernardino County Community Revitalization Office of Homeless Services to Accept an Award from the Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP–4), Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 25–11 and Related Documents [CC] 86
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 2 of 158 Page No.

4. Consider Approval of Agreement No. 25–12 with Omnitrans to Accept and Designate Montclair Subrecipient of a FY 2024 Community Project Fund Grant in the Amount of $1,000,000 from the U.S. Department of Transportation Federal Transit Administration for the Montclair Transcenter Facilities Enhancement Project [CC]
Consider Authorizing a $200,000 Appropriation from the Economic Development Agency Asset Fund to Serve as a Local Match [CC] Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 25–12 and Related Documents [CC] 137
D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports

1. Police Department — Battle of the Badges Blood Drive B. City Attorney

1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation [CC] Jaquez v. City of Montclair
C. City Manager/Executive Director
D. Mayor/Chairperson

1. Announcement of a Special City Council Meeting to be held Monday, March 3, 2025, at 5:30 p.m. in the Council Chambers for the Mid–Year Budget Review [CC/MHC]
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — February 3, 2025 [CC] 149 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, March 3, 2025 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 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, call 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, February 13, 2025.

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MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 3 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending January 31, 2025.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending January 31, 2025.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending January 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 4 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
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 Martinez has examined the Warrant Register dated February 18, 2025; and the Payroll Documentation dated January 26, 2025, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated February 18, 2025, totals $2,191,027.00.

The Payroll Documentation dated January 26, 2025, totals $862,909.80 gross, with $609,805.25 net being the total cash disbursement.

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

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 5 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending January 31, 2025, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending January 31, 2025.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending January 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 6 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending January 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 01.01.25-01.31.25 in the amounts of $7,270.73 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending January 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 7 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending January 31, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending January 31, 2025.

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

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending January 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 8 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending January 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 01.01.25–

01.31.25 in the amount of $152,472.77 for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending January 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 9 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending January 31, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending January 31, 2025.

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

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending January 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 10 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending January 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 01.01.25–

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

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending January 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 11 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: EDD100/GRT100
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER ACCEPTANCE OF A FY 2025 OLDER ADULTS HOME MODIFICATION PROGRAM GRANT IN THE AMOUNT OF $1,226,284 FROM THE U.S. DEPARTMENT

OF HOUSING AND URBAN DEVELOPMENT
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO EXECUTE ALL

DOCUMENTS RELATED TO ACCEPTANCE OF THE GRANT
REASON FOR CONSIDERATION: The City Council is requested to consider accepting a Fiscal Year 2025 Older Adults Home Modification Program Grant in the amount of $1,226,284 from the United States Department of Housing and Urban Development (HUD). In addition, the City Council is requested to consider authorizing City Manager Edward C. Starr to sign all documents related to acceptance of the grant.

BACKGROUND: The Older Adults Home Modification (OAHM) Grant Program is designed to assist established nonprofit organizations, state and local governments, and public housing authorities with the establishment and implementation of their own OAHM Programs consisting of comprehensive initiatives that enhance safety and facilitate functional home modifications, repairs, and renovations tailored to the needs of low– income seniors. The Program’s objective is to enable low–income elderly individuals to remain in their homes through affordable, accessible, and impactful modifications aimed at reducing the risk of falls, improving overall safety, increasing accessibility, and enhancing their functional abilities within their residences. This initiative supports seniors “aging in place,” allowing them to stay in their homes instead of transitioning to nursing homes or other assisted living facilities.

The OAHM Program model focuses on cost–effective, high–impact home modifications.

These modifications may include the installation of grab bars, railings, lever–handled doorknobs, and faucets. Additionally, it encompasses the implementation of adaptive equipment, such as temporary ramps, tub/shower transfer benches, handheld showerheads, raised toilet seats, chair and sofa risers, and non–slip strips for tubs, showers, or stairs.

FISCAL IMPACT: Acceptance of the Fiscal Year 2025 Older Adults Home Modification Grant from HUD would result in the City of Montclair receiving $1,226,284 for costs associated with developing and operating an Older Adults Home Modification Program.

The City would use the Economic Development Agency Assets Fund to cover the initial reimbursable costs.

It should be noted that the Fiscal Year 2025 Older Adults Home Modification Grant funds are currently frozen as part of the Trump Administration’s efforts to reduce federal spending. At this time, staff is unable to confirm if or when funds related to the Fiscal Year 2025 OAHM Program Grant will be unfrozen. If the City does not ultimately receive the grant, staff will not move forward with the development and operation of an Older Adults Home Modification Program at this time.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 12 of 158 RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Accept a FY 2025 Older Adults Home Modification Program Grant in the amount of $1,226,284 from the U.S. Department of Housing and Urban Development; and

2. Authorize City Manager Edward C. Starr to execute all documents related to acceptance of the grant.

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CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: SEW080
DEPT.: COMMUNITY DEV.

PREPARER: M. DIAZ
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–01–I–112, AN IRREVOCABLE

ANNEXATION AGREEMENT WITH MIGUEL LIMON AND ARMIDA LIMON LIVING TRUST FOR 11242 COLLEGE AVENUE, POMONA, CA 91766 (APN 1012–391–05–0000), SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY (CASE NO. 2024–62)
REASON FOR CONSIDERATION: A request has been submitted to permit the connection of a property (11242 College Avenue, Pomona, CA 91766) located outside the City’s boundaries to the City’s sewer system, which requires an Irrevocable Annexation Agreement (IAA) subject to City Council approval.

Therefore, the City Council is requested to consider approval of Agreement No. 25–01– I–112, an Irrevocable Annexation Agreement with Miguel Limon and Armida Limon Living Trust at 11242 College Avenue, Pomona, CA 91766 (APN 1012–391–05–0000) (Case No. 2024–62), subject to any revisions deemed necessary by the City Attorney. A copy of the proposed Irrevocable Annexation Agreement (IAA) is attached for the City Council’s review and consideration.

BACKGROUND: Proposed IAA No. 25–01–I–112 would allow the owners of the property located in an unincorporated area of San Bernardino County to connect to the eight–inch diameter sanitary sewer line owned and maintained by the City of Montclair, which is located in the College Avenue right–of–way. The property is approximately 7,140 square feet in size, was developed in 1954, and currently includes a single–family residence and a detached two–car garage structure (Exhibit A). This sewer connection is being requested and is necessary due to the failure of the existing septic tank serving the property.

The IAA requires that the property be annexed to the City when feasible at a future date.

If approved by the City Council, the IAA will also require approval from the Local Agency Formation Commission (LAFCO). The proposed IAA and sewer connection request is consistent with City policies and complies with all applicable City regulations. Following City Council and LAFCO approvals, the IAA is recorded against the property and becomes binding on future owners, heirs, successors, and assigns. Staff recommends that the City Council approve the proposed agreement to facilitate the connection of the subject property to the city sewer system.

FISCAL IMPACT: The proposed Irrevocable Annexation Agreement would pose no fiscal impact on the City’s General Fund at this time, but will have a positive impact when the property is connected to the sewer and begins to pay for sewer service.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 01–I–112, an Irrevocable Annexation Agreement with Miguel Limon and Armida Limon Living Trust for 11242 College Avenue, Pomona, CA 91766 (APN 1012–391–05–0000), subject to any revisions deemed necessary by the City Attorney (Case No. 2024–62).

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 14 of 158 Exhibit A
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 15 of 158 Recording Requested by:

City of Montclair
When Recorded Mail To:

Michael Diaz
Director of Community Development
City of Montclair
5111 Benito Street
P.O. Box 2308
Montclair, CA 91763
This space for Recorder’s use only
FREE RECORDING PURSUANT TO GOVERNMENT CODE §27383
AGREEMENT NO. 25–01–I–112

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR

MIGUEL LIMON AND ARMIDA LIMON LIVING TRUST
11242 COLLEGE AVENUE, POMONA, CA 91766
(APN 1012–391–05–0000)
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 16 of 158

AGREEMENT NO. 25–01–I–112

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR

MIGUEL LIMON AND ARMIDA LIMON LIVING TRUST
11242 COLLEGE AVENUE, POMONA, CA 91766
(APN 1012–391–05–0000)
This agreement is entered into this 18th day of February, 2025 , between the Miguel Limon and Armida Limon Living Trust, hereinafter referred to as "Owner," and the City of Montclair, hereinafter referred to as "City." WHEREAS, the Owner is the legal property owner of the real property located at 11242 College Avenue, Pomona, CA 91766, the land referred to herein below (hereinafter “the subject property”), as referenced by the San Bernardino County Tax Assessor Parcel Numbers (APNs 1012–391–05–0000), and is further described as follows:

Lot 6 of Tract 3835, as per Map recorded in Book 51 of Maps, Page 33, Records of said County.

WHEREAS, the subject property is 7,106 square feet (0.16–acre) in total area, and is located on the west side of College Avenue, within the unincorporated area of San Bernardino County that is a part of the Sphere of Influence of the City of Montclair; and
WHEREAS, the subject property is developed with a 1,200 square foot single family residence and a 400 square foot detached garage, built in 1954; and WHEREAS, the Owners desire to connect the existing residential property at the above–described property to the sanitary sewer system in College Avenue, which is owned and maintained by the City of Montclair; and
WHEREAS, the City is willing to allow a connection to said sanitary sewer system if a request is made at the earliest possible time to annex to the City of Montclair; and WHEREAS, Owner desires to annex to the City of Montclair; and WHEREAS, the City intends to pursue annexation of the Owner's property plus other property, but said annexation will cause delay, which would create a substantial hardship for the Owner of said property; and,
WHEREAS, the agreements, conditions, and covenants contained herein are made for the direct benefit of the land subject to this Agreement and described herein and shall create an equitable servitude upon the land and operate as a covenant running with the land for the benefit of the Owner of the land and his heirs, successors, and assigns.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 17 of 158 Irrevocable Annexation Agreement No. 25–01–I–112

NOW, THEREFORE, the parties do agree as follows:

1. Owners do hereby give irrevocable consent to annex to the City of Montclair at such time as the annexation may be properly approved through appropriate legal proceedings, and Owners do further agree to provide all reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation is contemplated to include signing any applications of consent prepared by the City and submitting any evidence reasonably within the control of the Owner to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of the Owner to institute any litigation or judicial proceeding whatsoever to force annexation to the City.

2. The City of Montclair does hereby agree to allow a connection of said property to the sewer line owned by the City of Montclair, which is located in College Avenue, at such time as all applicable permits have been obtained and associated fees have been paid.

3. Owners agree to pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. (In some circumstances, these fees may be borne by the City.)

4. Owners shall pay all fees and charges and make all deposits required by the City to connect to and use the sewer, and Owners agree to be bound by all City ordinances, rules, and regulations with respect to the sewer system. Owners agree to pay monthly sewer charges beginning on the date this agreement is approved by the City Council.

5. Owners shall be responsible for the maintenance and repair of the sewer lateral from the building, and/or structure to which the sewer lateral is connected to the public sewer main in the street or City easement. This responsibility includes both the portion of the sewer lateral on private property and the portion located beneath the sidewalk and street up to the point where the lateral connects to the public sanitary sewer main. Property owners’ responsibilities include maintenance and repair of the lateral, overflow cleanup, and damages to the sewer main and/or pavement. The City may respond and take corrective action in the event of a sewage overflow from a lateral where there is an immediate threat to health or safety. However, the property owner shall be responsible for all costs incurred by the City.

6. Owners shall install any and all future improvements upon said property to the City's standards, except that the County standard(s) shall apply when more restrictive than the City standard(s).

7. Owners shall execute this agreement on behalf of themselves, their heirs, successors, and assigns, and said agreement shall be irrevocable without the prior written consent of both parties hereto.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 18 of 158 Irrevocable Annexation Agreement No. 25–01–I–112

8. The benefit and responsibilities to the subject property shall inure to the benefit and responsibilities of subsequent owners, their heirs, successors, and assigns; and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land.

9. This agreement shall be recorded with the Office of the Recorder of the County of San Bernardino.

10. Owner shall provide any purchaser of the Subject Property with a copy of this Agreement.

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

OWNER(S):

MIGUEL LIMON AND ARMIDALIMON

LIVING TRUST
Miguel Limon
Date:

Armida Limon
Date:

CITY:

CITY OF MONTCLAIR, CALIFORNIA
Javier John Dutrey, Mayor
Date:

ATTEST:

Andrea M. Myrick, City Clerk

APPROVED AS TO FORM:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 19 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: ANL700
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–10 WITH THE ANIMAL RESOURCE

CENTER OF THE INLAND EMPIRE (ARC) JOINT POWERS AUTHORITY (JPA) TO BECOME

A MEMBER AGENCY OF THE ARC JPA FOR THE OPERATION AND DELIVERY OF ANIMAL

CONTROL, LICENSING, AND SHELTERING SERVICES, SUBJECT TO ANY REVISIONS

DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $2 MILLION ALLOCATION FROM THE 2021 LEASE REVENUE BOND FUND FOR PAYMENT TOWARD THE ESTIMATED $4.3 MILLION IN

CAPITAL COST CONTRIBUTIONS REQUIRED FROM THE CITY FOR LAND, ANIMAL SHELTER FACILITIES, ADMINISTRATIVE OFFICES, AND OTHER START–UP COSTS

RELATED TO THE DELIVERY OF ANIMAL CONTROL AND SHELTERING SERVICES CONSIDER AUTHORIZING QUARTERLY ALLOCATIONS OF APPROXIMATELY $57,500 FROM GENERAL FUND REVENUES BEGINNING FY 2025–26 FOR PAYMENTS TOWARD THE REMAINING BALANCE OF $2.3 MILLION IN CAPITAL COST CONTRIBUTIONS UNTIL THE INTEREST–FREE OBLIGATION IS PAID OFF IN APPROXIMATELY FORTY

QUARTERLY PAYMENTS, OR TEN YEARS

CONSIDER DESIGNATING MAYOR JAVIER JOHN DUTREY AS DIRECTOR AND A

COUNCIL MEMBER AS ALTERNATE DIRECTOR TO SERVE ON THE ARC JPA BOARD OF

DIRECTORS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–10 with the Animal Resources Center of the Inland Empire (ARC) to become a party to the Joint Exercise of Powers Agreement and a Member Agency of the ARC Joint Powers Authority (JPA) for the operation and delivery of animal control, licensing, and shelter services, subject to any revisions deemed necessary by the City Attorney. A copy of proposed Joint Exercise of Powers Agreement No. 25–10 (Exhibit 1), with ARC is attached for City Council review and consideration.

Although not recommended by City staff, the City Council may elect to continue with the Inland Valley Humane Society (IVHS) for animal control, licensing and sheltering services pursuant to the terms of existing Agreement No. 21–43 (Exhibit 2), as amended by Agreement No. 24–22 (Exhibit 3).

BACKGROUND: In May 2024, City Managers from several of the eleven cities contracting with IVHS for animal control, licensing and sheltering services (IVHS serves the cities of Chino, Chino Hills, Covina, Claremont, Diamond Bar, Glendora, La Verne, Montclair, Ontario, Pomona, San Dimas—and also provides sheltering services for the City of La Habra, and animal control services to the unincorporated areas of the west end of San Bernardino County) met to discuss potential options related to the provision of these services in their respective communities, including formation of a Joint Powers Authority (JPA).

The meeting between the cities was prompted by growing concern with the course and direction of IVHS as indicated in a June 3, 2024 joint letter to the IVHS Board (Exhibit 4).

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 20 of 158 The letter expresses “perceived” concerns regarding the management and delivery of services provided by IVHS. Areas of “perceived” concern include the following areas:
 Decline in IVHS service response;
 Diminished cooperation from IVHS, despite the pursuit of mutual goals;  Reduced focus on canvassing and other programs designed to increase licensing revenues;
 Insufficient engagement with governing boards of contracting agencies, and lack of good–faith negotiations with contracting agencies regarding contract service terms; and
 Removal of “guaranteed revenue” from service fee calculations applied to each contracting agency—guaranteed revenue functioned as a control on annual service fee assessments, and an encouragement to IVHS to implement programs that promote animal licensing and other fee– generating services.

The June 3, 2024 letter asked IVHS to extend all existing agency agreements by one year, through June 30, 2026. The extension would achieve the following two objectives:

1. Provide contracting agencies an opportunity to discuss service–related options, up to and including remaining under contract with IVHS, or pursuing alternative service delivery programs, such as a JPA concept.

2. Forestall an action by the IVHS Board to terminate the animal control services contract with the City of Ontario, effective June 30, 2025. In a letter dated April 15, 2024, IVHS advised the City of Ontario that their current agreement would not be extended beyond June 30, 2025.

June 30, 2025 does represent the date of expiration of the current agreement between IVHS and contracting agencies; however, agreements provide that, without written notice of intent to terminate services, agreements with IVHS automatically renew for a two–year cycle (the Term Renewal Period). The IVHS letter to Ontario effectively terminated the automatic two–year contract extension.

Furthermore, when IVHS became aware that some contracting agencies may be exercising their fiduciary responsibility to discuss alternative service delivery programs for animal control, the IVHS Executive Director transmitted an email dated May 20, 2024 (Exhibit 5) that effectively gave contracting agencies a two– week window (May 20, 2024, to June 3, 2024) to respond regarding intent to stay with, or migrate away from, IVHS. The email indicated that if a contracting agency was considering a JPA option with Ontario, it would potentially trigger a 180–day notice of contract termination. It is was this May 20, 2024 email from IVHS that ultimately prompted transmission of the June 3, 2024 letter from contracting cities to IVHS requesting a one–year contract extension, including for the City of Ontario.

The June 3, 2024 letter also included a request for the opportunity to meet with the IVHS Board of Directors to discuss maintaining a professional relationship for animal control and sheltering services.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 21 of 158 Meeting with the IVHS Board of Directors
On Thursday, September 12, 2024, the cities of Chino, Chino Hills, Claremont and Montclair addressed the IVHS Board of Directors regarding issues and concerns related to animal control services provided by IVHS. The City of Ontario was not invited to attend the meeting and, in any event, both Ontario and Chino had already separately agreed to form the “West End Animal Services Agency (WEASA) Joint Powers Authority” to succeed IVHS for the delivery of animal control services in their respective communities beginning July 1, 2025.

The WEASA name was later changed to the “Animal Resource Center of the Inland Empire,” or ARC, pursuant to the “First Amendment to the West End Animal Services Agency Joint Exercise of Powers Agreement,” (the “First Amendment”) effective January 27, 2025 (included with Exhibit 1).

At the September 12, 2024 meeting with the IVHS Board, the cities in attendance presented their issues and concerns, including the following:

1. Cost–of–service increases for contracting agencies in relation to the June 30, 2025 termination of Ontario and Chino agreements with IVHS.

2. Escalating costs for services with no corresponding improvement in services.

3. Lack of direct communication by IVHS with governing boards of contracting agencies, particularly in relation to program and policy changes, and future direction of IVHS.

4. Concerns related to failure by IVHS to comply with legal requirements governing municipal agencies. Contracting agencies argue that IVHS functions as an agent of municipalities when providing animal control services and, therefore, must comply with governing provisions of the California Government Code, including the Public Records Act.

5. The need to establish a Policy Committee consisting of representatives from each of the contracting agencies’ governing bodies to provide direct guidance to the IVHS Board on matters pertaining to animal control services.

Following the conclusion of the September 12, 2024 meeting with the IVHS Board, there was no indication of commitment or follow–up from the Board regarding efforts to find common ground or address the concerns raised by contracting agencies. The Board also failed to address the June 3, 2024 letter requesting to extend existing service agreements for one year to allow each contracting agency, including Ontario, sufficient time to explore opportunities for resolution of concerns or pursue alternative service delivery programs. City staff is not aware of any other contracting agency that has received written notice of termination due to discussions with Ontario or other agencies concerning alternative delivery of animal control services.

In any event, as indicated above, the cities of Ontario and Chino moved forward with formation of a JPA to succeed IVHS for delivery of animal control services in their respective communities.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 22 of 158 Establishment of the Animal Resource Center of the Inland Empire (ARC) ARC (originally known as WEASA) was established on August 1, 2024, to be a full–service animal services agency, including animal control, licensing, and shelter services, with operations scheduled to begin on July 1, 2025, utilizing temporary facilities located within the City of Ontario. ARC has, however, asked IVHS if it would consider a one–year contract (June 1, 2025, to July 31, 2026) to provide animal sheltering services, or until such time prior to July 31, 2026, that sheltering services are available through ARC. At the time of preparation of this agenda report, City staff is unaware of any response received by ARC from IVHS.

At the August 22, 2024, inaugural ARC Board of Directors meeting, the Board took action on selecting leadership for the Board, appointing interim staff positions, and approving a contract for temporary animal sheltering and administrative offices. The Board also took action to initiate recruitment for an Executive Director of Animal Services, and contracted for professional expertise to advise the JPA on animal services matters such as shelter and animal control operations and needs. The ARC Board has since hired an Executive Director of Animal Services and administrative personnel.

In further action, the Board initiated conversation with San Bernardino County Supervisor Curt Hagman to obtain, at no cost, ten acres of County property on which to construct and operate a permanent headquarters for ARC, including shelter and animal control service operations and administrative offices. Acquisition of land at no cost from San Bernardino County for operational facilities would have reduced capital costs for startup of the ARC JPA by an estimated $9.1 million, thereby reducing the overall capital contribution required of ARC Agency Members.

The Board ultimately determined that the land offered by San Bernardino County was not conducive to supporting animal shelter and administrative office operations. Instead, the City of Ontario acquired temporary facilities for ARC operations, followed by acquisition of real property on which to construct ARC–related facilities.

In addition to the initial offer of land, Supervisor Hagman asked that ARC admit San Bernardino County as a Member Agency for the purpose of providing animal control and animal sheltering services to the unincorporated areas in the west end of San Bernardino County, effective July 1, 2025.

The decision by San Bernardino County to join the ARC JPA follows a similar action taken at the January 14, 2025, meeting of the Board of Supervisors to open a new animal shelter in Bloomington at an overall cost of $65.3 million. Construction on the Bloomington shelter is expected to be completed in late 2026, with operations to begin in early 2027. Animal services for the east end of San Bernardino County are currently provided out of the Devore Animal Shelter. Once operational, the Bloomington shelter would be the third animal shelter operated by San Bernardino County, alongside the existing facilities located in Devore and Big Bear.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 23 of 158 Montclair’s Notice of Interest to Join the ARC JPA as a Member Agency On November 8, 2024, Montclair submitted to the ARC Board of Directors a letter of interest for potential agency membership in the ARC JPA (Exhibit 6).

At the December 5, 2024 regular meeting of ARC, the Board unanimously approved a resolution recommending to the Member Agencies Ontario and Chino admission of the City of Montclair into the ARC JPA as a Member Agency.

At the January 21, 2025 meetings of their respective City Councils, the Cities of Ontario and Chino approved admission of both the City of Montclair and the unincorporated area of the west end of San Bernardino County as Member Agencies of the ARC JPA, subject to separate approval by the respective governing boards of Montclair and San Bernardino County.

Provisions of Montclair’s inclusion in the ARC JPA

1. Capital and Annual Operating Costs (Ontario, Chino, Montclair, & County) a. Capital Contribution. Based on the proposed membership of four agencies (Chino, Montclair, Ontario and San Bernardino County), each Agency Member shall be billed quarterly for their respective ownership interests in real property assets.

Capital costs for land and animal shelter and administrative office improvements is estimated at $43 million. At a ten percent share, Montclair’s capital cost contribution is approximately $4.3 million.

Montclair shall make payment of $2 million as initial payment of the City’s share of costs for its respective ownership interest in property held by the ARC JPA. The City’s remaining share of such costs ($2.3 million) will be billed quarterly by the ARC JPA, without interest or penalty, over the course of ten years (40 quarterly payments), with each quarterly payment approximately $57,500.
b. Annual Operating Costs. Based on the four–agency model, Montclair’s share of annual operating costs, at 10 percent of total operating costs of $5 million ($6.4 million in annual operating costs minus $1.4 million in projected, annual license fee revenue = $5 million) is $500,000.

The following Cost Model 1 chart demonstrates capital and operating costs under a four–agency model:

Cost Model 1 — Four Agencies
Capital: $43.0 million
Operational: $ 6.4 million
Revenue: $ 1.4 million
Staffing: 34 Full–time (4 Administrative; 16 Shelter; 14 Field) Agency Percentage of
Ownership
Capital Contribution
(Approximate)
Annual Operational
Contribution (Approximate)
Ontario 58% $25,000,000 $2,900,000
Chino 28% $12,000,000 $1,400,000
Montclair 10% $ 4,300,000 $ 500,000
County 4% $ 1,700,000 $ 200,000
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 24 of 158

2. Cost Models Based on inclusion of additional Agency Members As indicated in Cost Model 2, below, alternative Percentage of Ownership, Capital Contribution, and Annual Operational Contribution estimates would apply if one additional municipal agency joined the ARC JPA:

Cost Model 2 — Five Agencies
Capital: $45.0 million
Operational: $ 6.5 million
Revenue: $ 1.5 million
Staffing: 36 Full–time (4 Admin; 16 Shelter; 16 Field)
Agency Percentage of
Ownership
Capital Contribution
(Approximate)
Annual Operational
Contribution (Approximate)
Ontario 54% $24,300,000 $2,700,000
Chino 25% $11,200,000 $1,250,000
Montclair 9% $ 4,100,000 $ 450,000
Other 1 8% $ 3,600,000 $ 400,000
County 4% $ 1,800,000 $ 200,000
As indicated in Cost Model 3, below, alternative Percentage of Ownership, Capital Contribution, and Annual Operational Contribution estimates would apply if two additional municipal agencies joined the ARC JPA—additional Cost Models would apply if three or more agencies joined the ARC JPA:

Cost Model 3 — Six Agencies
Capital: $52.0 million
Operational: $ 7.2 million
Revenue: $ 1.6 million
Staffing: 38 Full–time (4 Admin; 20 Shelter; 14 Field)
Agency Percentage of
Ownership
Capital Contribution
(Approximate)
Annual Operational
Contribution (Approximate)
Ontario 51% $26,500,000 $2,856,000
Chino 17% $ 8,900,000 $ 952,000
Other 1 15% $ 7,800,000 $ 840,000
Montclair 7% $ 3,600,000 $ 392,000
Other 2 6% $ 3,100,000 $ 336,000
County 4% $ 2,000,000 $ 224,000

3. Execution of Agreement
The City shall execute and deliver a copy of the JPA Agreement to the ARC Board and other Member Agencies.

4. Weighted Vote
As a general rule, voting shall be weighted, based on Capital Contribution percentage. Montclair will hold 10 percent of the voting weight. However, on matters related to fiscal decisions (for example, adoption of the annual budget), each Agency Member will have one vote.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 25 of 158 Terms of the JPA Agreement of the Animal Resource Center of the Inland Empire Under terms of the Agreement, attached as Exhibit 1, the following significant provisions apply:

Governance of the ARC:

1. Board of Directors. ARC (or, the “Agency”) shall be governed by a Board of Directors (Board), with representation from each Agency Member. a. Appointment of Director/Alternate Director. Each Agency Member shall appoint a Director and Alternate Director to the Agency Board, both who shall serve at the pleasure of the appointing Member Agency. i. Consider appointment of Mayor John Dutrey as Director. Based on his involved participation with the cities of Chino and Ontario in relation to establishing the ARC JPA and developing terms of the Joint Exercise of Powers Agreement, together with his leadership and involvement in discussions between the contracting agencies and IVHS regarding contract–related issues and concerns, City staff recommends Mayor John Dutrey be appointed to serve as Director.

Meetings of the Board are tentatively scheduled to occur the first Thursday of each month at 9:00 a.m. at Ontario City Hall; however, the meeting time is subject to change based on the need to accommodate the schedules of Board Directors.
b. Weighted Vote. The vote of each Agency Member shall be in accordance with its financial or capital contribution percentage as set forth in Exhibit B of the Agreement (Exhibit B is attached to, and contained in Exhibit 1); provided, however, in matters related to fiscal operations, including adoption of an annual budget, each Agency Member shall have one vote. c. Alternate Director. The Alternate Director for each Agency Member shall have the authority to attend, participate in, and vote at any meeting of the Board at which the Agency Member’s Director is absent.
i. Consider appointment of Alternate Director. City staff recommends the City Council consider appointing an Alternate Director (a member of the City Council) to the Agency.
d. Director Compensation. Directors may receive compensation as established by the Agency Board.

2. Officers of the Board. The Board shall, as may be specified in Bylaws, elect a Chair and Vice Chair, set forth and adopt rules and regulations, and perform all acts as necessary for the hiring of personnel and the functioning of the Agency.

3. Meetings of the Board. The Board shall hold an annual meeting and additional regular meetings, as determined by the Board at such place, date and time set forth by resolution, and adopt procedures for conduct.
a. Quorum. A simple majority of Directors present shall constitute a quorum. b. Brown Act. All meetings of the Board, including and standing/ad hoc committee meetings, shall be conducted in accordance with the Ralph M.

Brown Act.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 26 of 158 c. Majority Vote. The affirmative vote of a majority of the quorum representing at least 50% of Voting Shares shall be required for the JPA to take any action. “Voting Shares” means the voting shares as established in Exhibit B of the Agreement.
d. Committees of the Board. The Board may establish standing/ad hoc committees as necessary, and delegate authority to the same.

4. Executive Staff of the ARC JPA. Executive Officers shall include the Executive Director of Animal Services, Treasurer, Auditor/Controller, Secretary, and other officers and staff as created and appointed by the Board. The Board may contract with an Agency Member to provide necessary administrative services to the Agency.

Function of the ARC JPA:

1. Purpose. The purpose of the Agency is to:
a) Provide Services. Provide animal control, animal shelter, and related services;
b) Seek Cooperation Among Agency Members. Facilitate cooperation among the Agency Members with respect to issues related to the provision of animal control services and operation and management of an animal shelter, and administrative oversight thereof;
c) Recruit and Hire Staff. Hire personnel and others as necessary, and fix compensation and prescribe duties and terms and conditions of employment;
d) Establish Operational Policies. Set and adopt policies for operation, and adopt reasonable rules and regulations for the conduct of business; e) Financial Operations. Provide for the financial and operational aspects of the ARC JPA, including:
i. Producing and adopting an annual budget;
ii. Entering into agreements;
iii. Apply for grants, loans or other aid;
iv. Establish service fees;
v. Receive, disburse, expend and invest funds;
vi. Purchase and hold title to property;
vii. Issue bonds and incur debt, liabilities and obligations; viii. Address matters of litigation;
ix. Obtain necessary permits and licenses;
x. Exercise all powers as provided for or as amended; and xi. Facilitate the execution of all functions, powers and duties as enumerated.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 27 of 158

2. JPA Agreement not binding. Agency Members, collectively, are not limited by the language of the ARC JPA Agreement, and the Board is authorized to amend its terms and further define the means by which the goals and objectives of the Agency may be accomplished.

3. Agency Membership. With the addition of Montclair and San Bernardino County, the ARC JPA, for the present, would grow to a four–member agency as indicated in Exhibit B to the ARC JPA Agreement, with contribution and voting shares as follows:
a) Ontario – 58.0 percent*
b) Chino – 28.0 percent*
c) Montclair – 10.0 percent*
d) County of San Bernardino (west end unincorporated area) – 4.0 percent* *Each of the above percentage distributions would be reconsidered and reallocated by the Board if, and when, New Agency Members are accepted into the Agency. See “FISCAL IMPACT” in this agenda report for a discussion on how the admission of additional agencies to the Agency may affect percentage distributions, capital costs and annual operating costs.

4. New Agency Members. New Agency Members may only be admitted with unanimous approval of the Board, and approval by the governing body for each then current Agency Member.
a) Execute Agreement. New Agency Members shall execute a copy a copy of the ARC JPA Agreement, and thereafter be subject to the terms and conditions contained therein.
b) Interpretation of Agreement Terms. Terms of the ARC JPA Agreement shall be construed so as to apply to New Agency Members the same as they apply to Initial Agency Members.
c) Contributions. Each New Agency Member shall pay an amount, as determined by the Board, for the New Agency Member’s fair share of any start –up costs or other initial investments as incurred by the Agency for admitting a New Agency Member.
d) Provision of Services. The Agency shall not provide any animal control, animal sheltering, or related services within a New Agency Member’s geographic area unless and until the New Agency Member deposits sufficient funds to cover the estimated costs of services for a period of time as determined by the Board, but not less than six–months. e) Real Property Ownership Interest for New Agency Members. New Agency Members admitted prior to July 1, 2025, shall have an ownership interest in the real property owned and controlled by the Agency following the transfer of such real property to the Agency, and the New Agency Members shall pay the Agency for its ownership interests through quarterly payments over a period as determined by the Agency Board. Provisions related to New Agency Members are subject to review and change by the Agency Board.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 28 of 158 Equipment and Facilities:

1. Real Property Ownership. Animal Shelter facilities and Administrative Buildings (the “real property”) shall be owned by the Agency. Agency Members joining prior to July 1, 2025 (i.e., Agency Member), shall have an ownership interest in the real property based on their percentage share of contributions (see Exhibit B).

Thereafter, New Agency Members (Agency Members joining on or after July 1, 2025) will have an ownership interest in real property acquired on and after July 1, 2025, and may acquire the ownership interest of any withdrawing original Agency Member pursuant to terms of agreement between New Agency member and Member Agency.

2. Agency Member Equipment/Real Property. Agency Member equipment/real property on loan to, or used by, the Agency shall remain the property of the Agency Member, and such equipment/real property may be detailed in Exhibit C to the Agreement (Exhibit C is currently void of any data related to Agency Member ownership of equipment/real property).

3. Acquiring Equipment/Property. The Agency is empowered to acquire equipment and property for Agency use.

4. Temporary Facilities. Until such time that the Agency constructs permanent facilities for animal control, shelter and administrative services, the Agency may acquire and operate out of temporary facilities obtained by the Board or through an Agency Member; such temporary facilities to achieve operational status on or before July 1, 2025, to coincide with IVHS contract termination dates, or as soon as possible thereafter.

Financial Provisions:

1. Allocation of Operational and Capital Costs. Capital and Operational Costs, including administrative costs, shall be allocated proportionately among Agency Members in accordance with the cost–sharing formula in Exhibit B to the Agreement.
a) Quarterly Payments. Agency Members shall be billed quarterly in accordance with the cost–sharing formula in Exhibit B to the Agreement.

2. Annual Budget. The Board shall adopt a budget within 90–days of approval of the Agreement; thereafter, the Board shall adopt the annual budget prior to April 30th of each fiscal year, subject to prior review by the governing board for each Agency Member. The budget shall be based on a fiscal year, starting on July 1 and ending the following June 30.

3. Default on Obligations. An Agency Member defaulting on its obligations to pay or advance amounts due pursuant to terms of the Agreement shall be deemed by the Board to have waived or relinquished its rights and benefits under the Agreement, and shall be liable for interest on the unpaid balance at the rate of 10% per annum until the amount is paid in full. If the ARC JPA dissolves and the Agreement terminated, each Agency Member shall remain liable for payment of its share of debts, liabilities and obligations under the Agreement.

4. Audit of Records. Agency records and accounts shall be audited annually by an independent certified public accountant.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 29 of 158 Debts, Liabilities, and Obligations; Public Employees Retirement System:

1. Obligations Responsibility of Agency. Debts, liabilities and obligations of the Agency shall be those of the Agency and not of any Agency Member.

2. Membership in Public Employee Retirement System/Defined–Benefit Plan Not Permitted. Agency shall not contract with a public employee retirement system, including the California Public Employees Retirement System (CalPERS), or otherwise provide employees of the Agency with a defined–benefit plan except as the Agreement may otherwise be amended by the Board; and any such amendment shall specify each Agency Member’s respective liability/financial responsibilities and, further, would require ratification of a majority of the Board.

Nothing in the Agreement shall prohibit the Agency from contracting for, or otherwise providing a defined–contribution plan, such as a 401(k) plan, to employees of the Agency, wherein such plan contributions are funded primarily by the participating employee.

Indemnification; Insurance:

1. Hold Harmless. The Agency shall indemnify, defend and hold harmless the Board of Directors and each Member Agency and their members, officers, directors, employees and agents from and against any and all liabilities, loss, damages, expenses, costs of any nature arising out of any Agency act or omission related to the Agency and the Agreement, including those acts or omissions occurring prior to the effective date of the Agency’s initial Effective Date (January 27, 2025), or that otherwise occur outside the scope of the Agreement, except such loss or damage caused by willful misconduct of the Board or Agency Member or their members, officers, directors, employees or agents.

2. Insurance. The Agency shall acquire insurance protection as is necessary to protect the interests of the Agency and its Agency Members.

Termination of Agreement:

1. Termination. Agency Members, by joint written consent, may terminate the Agreement by resolution of the governing boards of each Agency Member, and provide adequate time to wind–up affairs of the Agency. Agency Members shall be obligated to pay their contribution shares until the effective date of termination.

2. Distribution of Assets. Assets of the Agency shall be distributed pursuant to Section 12.3 of the Agreement; provided, however, any surplus funds on hand remaining after satisfaction of obligations shall be returned to each Agency Member pursuant to their proportional financial contributions made to the Agency as provided for in Exhibit B to the Agreement.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 30 of 158 Withdrawal by Member Agency:

1. Withdrawal. Any Agency Member may withdraw from the ARC JPA by providing written notice of its intent to withdraw, consistent with provisions in Section 12.1 of the Agreement regarding Termination of Agreement.
a) Written Notice. Written notice must be provided no later than June 30 of any fiscal year, with a continuing obligation to pay the Agency Member’s contributions for the following fiscal year through June 30. b) Obligations Continue. Withdrawal does not terminate an Agency Member’s responsibility to contribute its share of any obligations incurred by the Agency, including for liabilities and claims incurred while the agency was a Member Agency, and budgeted expenses for the fiscal year in which notice of intent to withdraw is effective. All rights as an Agency Member shall relinquish on the effective date of withdrawal.

Conflict Resolution; Attorney Fees:

1. Resolution of Conflict. All disputes, claims or controversies between Agency Members shall be resolved as follows:
a. Good–Faith Negotiations. Agency Members shall first meet and attempt to resolve matters through good faith negotiations.
b. Nonbinding Mediation. If not resolved through good faith negotiations, the matter shall be submitted to nonbinding mediation, with the parties sharing equally in mediation costs.
c. Binding or Non–Binding Arbitration. If the matter is not resolved by good faith negotiations or mediation, the matter may be submitted to binding or non–binding arbitration, if agreed to by participating Agency Members.

2. Attorney Fees. In the event legal action is brought to enforce or construe the Agreement or any of its provisions, the prevailing party shall be entitled to an award of reasonable attorney fees, expert witness and consulting fees, litigation costs and costs of suit.

Option to Remain with the Inland Valley Humane Society.

Although it is not a City staff recommendation, the City Council may elect to remain with IVHS. IVHS recently communicated to Montclair the following contract terms for Fiscal Year 2025–26:

1. Fifteen Percent Service Rate Increase for Fiscal Year 2025–26. The IVHS Board will implement a 15 percent service rate increase for Fiscal Year 2025–26—for Montclair, the proposed 15 percent rate adjustment would increase the City’s annual service rate from $428,000 for the current fiscal year to $492,328 for Fiscal Year 2025–26. According to IVHS, the increase would continue service programs, including 24–7 animal care/control services, 24–7 veterinary care for stray, sick and injured animals, and emergency response including for wildfire events and natural disasters. IVHS has opined that the significant increase is necessary due to the July 1, 2025, termination of service agreements with the cities of Chino and Ontario.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 31 of 158

2. Delayed Implementation of Pooled–Use Recalculation Service Fee Adjustment.

Introduced in 2022 as an added fee adjustment, IVHS has stated it will delay for one year implementation of the contractual “Pooled–Use Recalculation” service fee adjustment. Under current contract provisions, July 1, 2025, is the start of a new Term Renewal period, at which time the service agreement between Montclair and IVHS would automatically renew for a two–year period. At the start of the new Term Renewal period, IVHS was scheduled to implement an additional service fee adjustment called the “Pooled Use Recalculation.”
According to IVHS contract provisions (Section 6. Pooled Use Adjustment), the Pooled Use Adjustment/Recalculation is intended to “accurately reflect” each contract agency’s use of IVHS animal control, shelter, and other applicable services. If a contract agency’s total “Pooled Use” percentage of services increased during the previous two–year term period, the annual service fee to be paid to IVHS by the applicable contract agency shall be further increased by the same percentage increase as the contract agency’s Pooled Use percentage increase.

The Pooled Use percentage would typically be passed on to a member agency at Term Renewal (effectively every two years when the existing agreement automatically renews for a successive two–year term until terminated in writing 180 days before the effective termination date of services). The Pooled Use Adjustment would be calculated no later than March 1st, before the new Term Renewal period.

The Pooled Use Adjustment is determined by several factors including, but not limited to, percentage service load and contract agency’s population. For Fiscal Year 2025–26, IVHS proposes a fifteen percent across–the–board increase. If Montclair’s Pooled Use increased by a hypothetical ten percent, and IVHS implemented the Pooled Use Adjustment for Fiscal Year 2025–26, the City’s annual service rate increase would be adjusted by 25 percent, or up to $535,000.

IVHS delayed implementation of the Pooled Use calculation because the withdrawal of Chino and Ontario would immediately realign Pooled Use percentages, resulting in significant increases for many, if not all contract agencies. Withdrawal of other agencies from IVHS, including Montclair and San Bernardino County, could further impact Pooled Use percentage calculations and their associated effects on annual services fees for contact agencies.

Presently, it is un–determinative what the Pooled Use Adjustment would be for Montclair if implemented in July 2025, or thereafter. The calculation methodology will certainly be affected with the departure of the cities of Chino and Ontario from IVHS—together, they represent an estimated $3.5 million in annual revenue for IVHS; in addition, their percentage use of pooled services would cause a significant recalculation of each remaining contract agency’s use of pooled services. The departure of Montclair and San Bernardino County would represent an additional loss of revenue, further burdening remaining IVHS contract agencies with increases to their annual service fees and, subsequently, to their upcoming Pooled Use Adjustments.

Past communications with IVHS indicated that Montclair’s usage of IVHS services increased when compared with other contracting agencies. This increase in animal control services, vis–à–vis other contracting agencies, indicates that with the loss of Chino and Ontario, Montclair should anticipate a significant Pooled Use Percentage adjustment when recalculated.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 32 of 158 City staff projects that a Fiscal Year 2026–27 recalculation of IVHS pooled use percentages could potentially result in up to an additional fifteen percent service fee adjustment for Montclair. With the addition of a five percent CPI component, Montclair could potentially see a Fiscal Year 2026–27 service fee adjustment of twenty percent, or an annual service fee of $590,793.

3. Pass–through Costs. IVHS advises that pass–through costs typically re–allocated to contract cities will, for the present, be absorbed by IVHS through other fee– based programs. It is un–determinative what this fee adjustment would represent when pass–through costs are incorporated into future service fee adjustments.

4. Improvement to Services. The IVHS Board is reviewing its schedule of programs and services, with a stated commitment to improve customer service, offer faster response times, and improve access to low–cost veterinary services via acquisition of a 37–foot mobile spay and neuter vehicle. These proposed program improvements would suggest that, despite a significant decline in annual revenues associated with the departure of contracting agencies, IVHS is presently not considering reductions to its operational programs. Programs typically associated with animal control services are passed on to contracting agencies.

IVHS typically absorbs other program costs not associated with animal control services. Improvements being considered by the IVHS Board may be funded through means other than service fees assigned to contracting agencies.

FISCAL IMPACT: Based on the current four–agency cost model, membership in the ARC JPA will involve the following cost components:

1. Capital and Annual Operating Costs:
a. Capital Contribution. Based on the proposed membership of four agencies (Chino, Montclair, Ontario and San Bernardino County), member agencies shall be billed quarterly for their respective ownership interests in real property assets.

Capital costs for land and animal shelter and administrative office improvements is estimated at $43 million. Based on a ten percent share, Montclair’s capital cost contribution is approximately $4.3 million.

The ARC Board has agreed that capital contributions can be paid over a ten–year period. City staff recommends Montclair use 2021 Lease Revenue Bond Funds to make an initial $2 million capital contribution, leaving a balance of $2.3 million, to be paid over 40 consecutive calendar quarters (ten years), without interest or penalty, with quarterly payments equal to approximately $57,500.
b. Annual Operating Costs. Based on the four–agency model, Montclair’s annual operating cost contribution, at 10 percent of total estimated operating costs of $5 million ($6.4 million – $1.4 million in license fee revenue = $5 million) is $500,000.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 33 of 158 The following chart indicates capital and operating costs under a four–agency model:

Cost Model 1 — Four Agencies
Capital: $43.0 million
Operational: $ 6.4 million
Revenue: $ 1.4 million
Staffing: 34 Full–time (4 Administrative; 16 Shelter; 14 Field) Agency Percentage of
Ownership
Capital Contribution
(Approximate)
Annual Operational
Contribution (Approximate)
Ontario 58% $25,000,000 $2,900,000
Chino 28% $12,000,000 $1,400,000
Montclair 10% $ 4,300,000 $ 500,000
County 4% $ 1,700,000 $ 200,000
Alternate cost models would apply if additional municipal agencies join the ARC JPA—see previous section titled, “Provisions of Montclair’s inclusion in the ARC JPA,” under “2. Cost Models Based on inclusion of additional Agency Members” RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 25–10, with the Animal Resource Center of the Inland Empire (ARC) Joint Powers Authority (JPA) to become a Member Agency of the ARC JPA for the operation and delivery of animal control, licensing, and sheltering services, subject to any revisions deemed necessary by the City Attorney;

2. Authorize a $2 million allocation from the 2021 Lease Revenue Bond Fund for payment toward the estimated $4.3 million in capital cost contributions required from the City for land, animal shelter facilities, administrative offices, and other start–up costs related to the delivery of animal control and sheltering services;

3. Authorize quarterly allocations of approximately $57,500 from General Fund revenues beginning FY 2025–26 for payments toward the remaining balance of $2.3 million in capital cost contributions until the interest–free obligation is paid off in approximately forty quarterly payments, or ten years; and

4. Designate Mayor Javier John Dutrey as Director and a Council Member as Alternate Director to serve on the ARC JPA Board of Directors.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 34 of 158

JOINT EXERCISE OF POWERS AGREEMENT
OF

THE WEST END ANIMAL SERVICES AGENCY
This JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is dated this 16 day of Juh , 2024, for reference purposes only, and is entered into by and between the cities of Ontario and Chino, who may be referred to herein individually as a "Member Agency" or "Party" and collectively as "Member Agencies," "Members," or Parties."

RECITALS
A. The Member Agencies have the authority under California law to operate animal shelters and provide associated animal control programs within their respective jurisdictions.

B. Each Member Agency is a public agency authorized and empowered to contract with the other Member Agency for the joint exercise of powers under the Joint Exercise of Powers Act, Sections 6500, et seq., of the California Government Code (the "Act").

C. Each Member Agency is a local public entity, and are municipalities in contiguous geographical proximity, having similar animal control and sheltering needs, and a history of coordination and cooperation between each other.

D. Each Member Agency presently contracts with the Inland Valley Humane Society for animal shelter and control services, but desires to transition to jointly providing and managing such services directly, in order to achieve cost savings and operational efficiencies for the benefit of the persons residing in the Member Agencies' respective service areas.

E. The Member Agencies desire to enter into this Agreement to create the West End Animal Services Agency as a joint powers agency for the purposes set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Member Agencies agree as follows:

1. Recitals. The recitals above are true and correct, and are hereby incorporated into the terms of this Agreement as though fully set forth herein.

2. Term. The term of this Agreement shall commence as of August 1, 2024 or the date the Member Agencies have fully executed this Agreement, whichever is later, and continue until terminated pursuant to the terms of this Agreement.

3. Defmitions. Except where the context otherwise clearly requires, the following words and phrases shall have the meanings specified below:
"Act" shall mean the Joint Exercise of Powers Act of the State of California, commencing with California Government Code Section 6500, as now existing or as may hereinafter be amended or supplemented.
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EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 35 of 158 "Agency" shall mean the West End Animal Services Agency, a joint powers authority created by this Agreement in accordance with the Act, made up of the Member Agencies. "A!:!enc, Area" means that geographic area encompassing the total combined jurisdictional boundaries of the Member Agencies, as lawfully changed from time to time. "A!.!reeJ!lent" shall mean this Joint Exercise of Powers Agreement by and between the Member Agencies, as supplemented, amended, and/or restated from time to time. "Board" or "Board of Directors" means the governing body of the Agency as established by this Agreement.

4. "Board Member" or "Director" means a member of the governing body of the Agency. "Fiscal YeaJ" means July 1 of one year through June 30 of the following year. "Formation DaJf' means the date when this Agreement took effect pursuant to Section 2.

Creation of Ag enc\.

4.1 A!.!enc, Created. The Agency is formed pursuant to the provisions of the Act, which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies. The Agency shall be a public entity separate from the Member Agencies and is responsible for the administration of this Agreement. (a) Confirmation of A!.!enc\ Name. The Agency is known as the "West End Animal Services Agency."

4.2 Notices. Within thirty (30) days after the Formation Date, the Agency shall cause a notice of its formation to be prepared and filed with the office of the California Secretary of State containing the information required by California Government Code § 6503.5. Within seventy (70) days after the Fonnation Date, the Agency shall cause a statement of information concerning the Agency, as required by California Government Code§ 53051, to be filed with the office of the California Secretary of State and with the County Clerk, of any information as required by Government Code§ 5305l(a).

4.3 ALenc_ Area. The geographic boundaries of the Agency ("Agency Area") shall be coextensive with those of the Member Agencies, as may be lawfully changed from time to time.

4.4 Bylaws. The Board may adopt bylaws and any other regulations, policies, or procedures for the operation of the Agency not inconsistent with State constitutional, statutory, or decisional case law, the California Code of Regulations, or this Agreement. 46700.02420\42449849.l
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MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 36 of 158

4.5 Purpose.
(a) The purpose of this Agreement is to jointly exercise animal control, animal shelter, and related services, and to facilitate cooperation among the Member Agencies with respect to issues related to the operation and management of an animal shelter and administrative oversight thereof, as well as provision of animal services within each Member Agency's jurisdiction and within the jurisdictions of such agencies as the Agency may contract with for such services. The purpose shall be accomplished in the manner set forth in this Agreement. The Member Agencies each possess the powers necessary or convenient for the accomplishment of such purposes.
(b) Through the Agency and its governing body, the Member Agencies shall collaborate, cooperate and seek to determine ways in which the Member Agencies, the citizens residing within the Agency Area, and other agencies who may contract with the Agency for animal control or shelter needs can benefit from joint services. (c) The Member Agencies shall jointly benefit through the sharing of resources, which may include but is not limited to the sharing of executive and/or administrative staff. Among other public benefits, the Member Agencies and those with whom the Agency contracts shall receive reduced costs and more efficient services through the sharing of such resources.
( d) The purposes of this Agreement shall not be construed as limiting, and the Agency and its Board shall be authorized to further define the means by which the joint exercise of services may be accomplished.
(e) The Agency may, if approved pursuant to the provlSlons of this Agreement, accept new Parties to this Agreement, and the purposes of this Agreement shall include the provision of animal control, animal shelter, and related services within the territorial jurisdiction of any new Parties. The purposes of this Agreement shall apply to any new Parties.

5. Powers of Agenc,·.

5.1 Generalh. The Agency shall exercise the powers common to the Member Agencies, powers otherwise permitted under the Act, and powers necessary to accomplish the purposes of this Agreement.

5.2 Specific Powers. The Agency is hereby authorized, in its own name, to do all acts necessary, convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in this Agreement and to do any or all of the following:
(a) Setting and adopting policies for the operation of the Agency. (b) Adopting an annual budget.
( c) Employing personnel, consultants, advisors and independent contractors, setting parameters for labor negotiations, and ratifying labor agreements. 46700.02420\42449849. l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 37 of 158 ( d) Entering into contracts, leases and other agreements, which may include, but are not limited to, a contract for administrative and fiscal services and a contract with a Certified Public Accountant for annual audit services or contracts for service to other jurisdictions.
(e) Applying for, receiving and disbursing grants, loans or other aid from any private or public agency.
(f) Cooperate with other agencies, nonprofit groups and private entities as appropriate to participate in joint projects related to animal control or sheltering services, or any other purpose of the Agency set forth in this Agreement. (g) Setting fees for service where permitted by law.
(h) Receiving, disbursing and investing funds.
(i) Purchasing and holding title to property, and obtaining leaseholds, licenses and other interests in property, including the authority to acquire, dispose of, construct, manage, maintain or operate any building, works or improvements.

G) Issuing revenue bonds pursuant to California Government Code Section 6540, et seq.
(k) Obtaining in its own name all necessary permits, licenses, opinions and rulings.
(1) Expending funds of the Agency, only for the purpose of carrying out the provisions of this Agreement as they now exist or may hereafter be amended. Such powers shall be exercised in the manner provided in the Act subject only to such restrictions as set forth in this Agreement or other applicable law.
(m) Suing and being sued in its own name.
(n) Carrying out and enforcing all of the provisions of this Agreement. (o) To incur debts, liabilities or obligations, which do not constitute a debt, liability or obligation of any Member Agency except as otherwise required by law. (p) To receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and governmental entities, provided that the Agency consents to such gifts, contributions and donations. (q) To fix the compensation, if any, paid to the Board of Directors, Executive Director of Animal Services, Secretary, Treasurer, Controller and Attorney, in compliance with all applicable laws.
(r) To prescribe the duties, compensation and other terms and conditions of employment of other agents, officers and employees.
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EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 38 of 158 (s) To adopt reasonable rules and regulations for the conduct of the day-today operations of the Agency. (t) To invest money in the treasury, pursuant to Government Code section 6505.5, that is not required for the immediate necessities of the Agency, as the Agency determines advisable, in the same manner and on the same conditions as local agencies, pursuant to Section 53601 of the Government Code.
(u) To exercise any and all powers which are provided for in the Act as they exist on the Formation Date or may hereafter be amended. (v) Other powers and duties incidental to those enumerated herein.

5.3 Manner of Exercise of Common Powers. The powers of the Agency shall be limited only by the terms of this Agreement, the Act, and applicable law, as amended from time to time. The laws of the State of California applicable and common to general law cities shall govern the Agency in the manner of exercising its powers common between the cities, subject to such restrictions as are applicable to the City of Ontario in the manner of exercising such powers, as required by Government Code section 6509.

6. Governance.

6.1 Board of Directors. The Agency shall be governed by a Board of Directors ("Board") composed of Directors representing the Member Agencies ( each a "Board Member" or "Director"). If there are two Member Agencies, the governing body of the City of Ontario shall appoint and designate in writing two regular Directors and the governing body of City of Chino shall appoint and designate in writing one regular Director. If there are three or more Parties to this Agreement, the governing body of each Member Agency shall appoint one regular Director. Each Director, and any alternate, shall be a member of the Member Agency's governing body. Each Member Agency will be entitled to representation on the Board in accordance with its financial contribution proportion (as set forth in Exhibit B to this Agreement) and as further described in Section 6.4( d), below. Each of the Board Members, and any alternates, shall be appointed as determined by the respective Member Agencies' governing bodies and any applicable local policies. Each Director and alternate serves at the pleasure of the appointing Member Agency's governing body and may be removed at any time, with or without cause, at the sole discretion of the appointing Member Agency's governing body. If a Director or altemate's membership on the appointing Member Agency's governing body ceases, his or her membership on the Board shall also cease. All the powers and rights of the Agency shall be exercised by the Board, subject to the rights reserved by the Member Agencies as set forth in this Agreement; provided, however, that the Board may delegate such powers and authority to committees, sub-committees, and others as the Board deems appropriate. The alternate appointed by each Member Agency shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member is absent.

6.2 Compensation. Directors may receive such compensation from the Agency for services as may from time to time be established by the Board, subject to the limits of applicable 46700.02420\42449849. l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 39 of 158 law. Directors shall be reimbursed for necessary and actual expenses incurred in the conduct of the Agency's official business as permitted by law and by policies adopted by the Board.

6.3 Board Officers. The role of Board Chair and Vice Chair shall be filled as follows:
(a) The Board of Directors shall, at its first meeting and periodically thereafter as may be specified in its Bylaws or otherwise agreed upon, elect a Chair and Vice-Chair by majority vote. The Chair and Vice-Chair shall coordinate with the Secretary to set meeting agendas and shall also have the duties set forth in any adopted Bylaws of the Agency. If either the Chair or Vice-Chair ceases to be a Director, the resulting vacancy will be filled at the next meeting of the Board.
(b) The Chair, or in the Chair's absence the Vice Chair, shall preside at and conduct all meetings of the Board and execute agreements and other official instruments on behalf of the Agency. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. In the absence of the Chair and the Vice Chair, the absent members may appoint a different member of the Board to serve as an alternate.

6.4 Meetinl!s of the Board.
(a) Annual Meeting. The Board shall hold an annual meeting to review the services provided by the Agency and to consider approval of a budget, which shall be a regular meeting conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code. The Board may hold additional regular meetings as determined by the Board and may adopt such procedures and resolutions for conducting such meetings and other business as the Board deems appropriate. Alternatively, the Board may establish an executive or other committee to hold regular meetings. (b) Conduct of Meetings. All meetings of the Board including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code.
( c) Quorum. A simple majority of the Board that also represents at least 50% of the Agency's Voting Shares (defined below) shall constitute a quorum for the purpose of transacting business. In the absence of a quorum at any meeting of the Board, a majority of the Directors present, or the Chair in the absence of all Directors, or the Secretary may adjourn the meeting from time to time without further notice, but no other business may be transacted. (d) Voting. Once a quorum has been established, in general, except when Special Voting is expressly required pursuant to subsection (i) below, the affirmative vote of a majority of the quorum that also represents at least 50% of the Agency's Voting Shares shall be required for the Agency to take any action. All votes taken pursuant to this section shall be referred to as a "Regular Vote." The consequence of a tie vote or a majority vote that does not represent at least 50% of the Agency's Voting Shares shall be "no action" taken. (i) "Special Voting" requiring higher or different thresholds is required: (i) where different voting requirements are provided for by applicable law or this 12609-0001 \1234376vl.doc
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-3-
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 40 of 158 Agreement; and (ii) approval of the annual budget and amendments, issuance of any bonds, exercise of eminent domain, incurrence of any debts, liabilities, obligations, certificates of participation or other evidence of indebtedness, and confirmation of the nominee for the position of Executive Director of Animal Services, each of which shall require an affirmative vote of the majority of the membership of the Board representing at least 50% of the Agency's Voting Shares and, in addition, an affirmative vote of Board Members representing at least two Member Agencies. This section shall not prohibit the Board from delegating the authority to purchase goods and services, including goods and services consistent with any adopted or applicable Agency purchasing policy, specified herein.
(ii) "Voting Shares" means the respective voting shares of each Member Agency as established in Exhibit B, as may be updated from time to time in the manner described therein. If the City of Ontario has two Directors on the Board, the Voting Shares attributable to the City of Ontario shall be divided equally between the Ontario Directors. (e) Location and Date. The Board shall meet at the Agency's principal governance and business office as set forth in a resolution adopted by the Board, or at such other place as may be designated by the Board for its regular, adjourned regular, and special meetings consistent with this Agreement. The dates upon which, and the hour and place at which, any regular meeting shall be held shall be fixed by resolution of the Board and a copy of such resolution shall be provided to each Member Agency.
(f) Agendas and Minutes. The Board may select, appoint, or employ a Secretary to keep or cause to be kept, at the principal business office, the principal governance office, or such other place as the Board may order, a book or electronic copy of minutes of all meetings of the Board and its committees as required by law, with the time and place of holding, whether regular or special, the notice thereof given, the names of those present at the meetings, and the proceedings thereof As soon as practicable after each meeting, the Secretary shall cause a copy of the minutes to be forwarded to each director of the Board, and to the Member Agencies. The Secretary need not be a director and shall serve at the pleasure of the Board.

6.5 Board Committees
(a) Committees. The Board may create any standing or ad hoc committees as it sees fit. The Board may delegate to any committee the authority to approve any action or transact any business of the Board. except for business that is required by this Agreement to be approved by the full Board.
(b) Actions of Full Board. Approval of budgets, issuance of any bonds, exercise of eminent domain, and incurrence of any debts, liabilities, obligations, certificates of participation or other evidence of indebtedness as may be set forth in the Agency's effective purchasing policy and any legislative actions as defined by State law shall require an action of the full Board and shall not be delegated to any Board committees. (c) Procedures. Except for exempt ad hoc committees, all meetings of committees including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act, 46700.02420\42449849 .1
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 41 of 158 Sections 54950 et seq. of the California Government Code. Committees shall maintain minutes of their proceedings.

7. Executive Officers and Personnel

7.1 Executive Officers. The executive officers of the Agency shall include the Executive Director of Animal Services, Treasurer, Auditor/Controller, Secretary, and such other executive offices as created by the Board. All executive officers shall report to the Board. (a) Executive Director of Animal Services. The Executive Director of Animal Services will be an officer nominated by a Nominating Committee composed of the City Manager of each Member Agency, or their designees, and subject to confirmation by the Board.

The Nominating Committee may nominate one or more candidates for final consideration and appointment by the Board. The Executive Director of Animal Services shall carry out the decisions of the Board and act as the signatory for the Agency on all actions requiring approval of the Board unless otherwise required by law. The Executive Director of Animal Services shall be responsible for the proper and efficient day*to-day operation of the Agency as is or hereafter may be placed in his or her charge, or under his or her jurisdiction or control, pursuant to the provisions of this Agreement, or of any ordinance, resolution, bylaw or minute order of the Board. The Board shall confirm the nominee for the position of Executive Director of Animal Services (by an affirmative vote of the majority of the membership of the Board representing at least 50% of the Agency's Voting Shares and, in addition, an affirmative vote of Board Members representing at least two Member Agencies) and oversee the performance of the Executive Director of Animal Services. The Executive Director of Animal Services shall report to the Board on all of the following, in a manner prescribed by the Board:
(i) Plan, coordinate, supervise, and evaluate the Agency's operations, and conduct day*to-day operations of the Agency;
(ii) Supervise and manage Agency personnel;
(iii) Make recommendations to the Board on Agency operations; (iv) Establish policies and procedures of the Agency to implement directives from the Board;
(v) In conjunction with the Treasurer, prepare an annual budget for submission to the Board.

The Executive Director of Animal Services shall be subject to dismissal by a majority vote of the Board representing at least 50% of the Voting Shares of the Agency. (b) Treasurer. The Board shall appoint as the Agency Treasurer: (1) the Treasurer or Finance Director of one of the Member. Agencies; (2) a certified public accountant; or (3) such other officer or employee of one of the Member Agencies as the Board shall deem qualified to act as the Agency Treasurer, so long as permitted by law. The Agency Treasurer shall perform such duties as are set forth in this Agreement and any other duties specified by the Board or as required by the Act, and shall perform the duties specified in Government Code 46700.02420142449849.l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 42 of 158 sections 6505 and 6505.5, as amended from time to time. The Agency Treasurer shall be the depositary of funds and shall have custody of all money of the Agency, from whatever source.

The Board may at any time select, employ, or appoint a new or different Agency Treasurer meeting one or more of the above qualifications.
(c) Auditor/Controller. The initial Agency Auditor or Agency Controller shall be the same person serving as the Agency Treasurer. The Agency Auditor or Agency Controller shall perform such duties as are set forth in this Agreement and any other duties specified by the Board or as required by the Act. The Board may at any time select, employ, or appoint a new or different Agency Auditor or Agency Controller who shall be: (1) the auditor or controller of one of the Member Agencies; or (2) such other officer or employee of one of the Member Agencies as the Agency shall deem qualified to act as Agency Auditor or Agency Controller, so long as permitted by law.
( d) Secretary. The Board shall appoint a Secretary who shall serve at the pleasure of the Board. The Secretary shall be the official custodian of records for the Agency, make all filings requested by the Board and legally required, and be responsible for agendas and meeting minutes as provided in Section 6.4(f) of this Agreement.

7.2 Official Bond. Pursuant to Government Code section 6505.1 , the public officer, officers or persons who have charge of, handle or have access to any property of the Agency shall file an official bond in an amount of $25,000, unless fixed by the Parties to this Agreement in a different amount by unanimous decision of the Board.

7.3 Qther Offi9ers and Staff
(a) Attorney for Agency. The Board of Directors may appoint a person, office, or firm to serve as Attorney for the Agency, who would attend all meetings of the Board of Directors; provided, however, that the absence of the Agency Attorney shall not affect the validity of any meeting. The Attorney shall perform such other duties as the Board of Directors specifies.
(b) Officers and Professional Services. The Board may select, appoint, or employ any other officers, or providers of professional and expert services, as may be necessary or appropriate to accomplish the purposes of this Agreement, including but not limited to, legal counsel, financial consultants, accountants, engineers, architects, contractors, appraisers and any other consultants and advisors, which may be a corporation, partnership, firm or individual. The Board may delegate to the Executive Director of Animal Services or to a committee the authority to hire officers and professional services.
( c) Shared Resources. The Board may contract with a Member Agency to provide necessary administrative services to the Agency as appropriate. All personnel employed by the individual Member Agencies shall remain employees of their respective Member Agency unless and until the Agency affirmatively employs such personnel pursuant to its powers. No express or implied employment contract between any Member Agency employee and the Agency exists as a result of this Agreement. The Board may designate a Member Agency to serve as Interim Administrator as further described in Exhibit A. 46700.02420\42449849. l
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MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 43 of 158

7.4 Int~rference Prohibiteg. The Board and the Member Agencies shall deal with the administrative services of the Agency (which includes the Agency's Treasurer, Auditor/Controller and Secretary) only through the executive officer of the Member Agency providing the administrative services (if provided by a Member Agency) or the Executive Director of Animal Services (if provided by an employee of the Agency), except for the purpose of inquiry. Neither the Board, the governing body of any Member Agency, nor any individual members of either shall give orders to any subordinate of the Executive Director of Animal Services.

7.5 Rules and Re!.!ulations. The Board shall forthwith adopt rules and regulations and perform all other acts necessary so that the Agency may hire personnel.

8. Equipment and Facilities.

8. 1 Animal Shelter and Other Real Prope11, .
(a) Animal Shelter and Administrative Buildings. The buildings that house the animal shelter and administration office operated by the Agency will be constructed by and owned by the Agency. The real property upon which the shelter building will be located is currently owned by the City of Ontario and is intended to be transferred to the Agency pursuant to a separate agreement. The original Member Agencies (the cities of Ontario, Chino, and any new Member Agencies who join the Agency pursuant to Section 14 of this Agreement by July 1, 2025) shall be the only entities with an ownership interest in the above-described real property following its transfer, and shall pay the Agency for their respective ownership interests in the property through their quarterly payments to the Agency over a period determined by the Agency and the original Member Agencies. New Member Agencies who join the Agency pursuant to Section 14 of this Agreement shall have an ownership interest in any other real property purchased by the Agency or construction pursuant to a construction contract awarded following the effective date of their inclusion in the Agency, and shall have the opportunity to assume the ownership interest of an original Member Agency should an original Member Agency withdraw from the Agency pursuant to Section 16 of this Agreement. (b) Member Agency Buildings and Structures. Buildings and structures existing and owned by Member Agencies prior to the effective date of this Agreement may be utilized for the Agency's use, but shall remain the property of the respective Member Agency.

Each Member Agency shall be responsible for the maintenance and insurance of Member Agency buildings. The Agency shall not directly own, maintain, or insure any existing building or structure other than those identified in subsection (a) above, unless the Agency and a Member Agency expressly agree in writing that the Agency accepts ownership, responsibility for maintenance, or responsibility to insure a particular building or structure. Any building constructed or owned by the Agency after the Formation Date shall be the property of the Agency, and in the event of dissolution of the Agency, shall be disposed of as provided in this Agreement.
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MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 44 of 158 (c) Contributions of Real Property. Any Member Agency may contribute real property to the Agency for the Agency's use. The Member Agency owning the interest in the real property shall continue to own said interest, unless the Member Agencies and Agency agree otherwise. The Board and the Member Agency owning the interest shall agree on the terms of the contribution.
(d) Lease or Purchase of Additional Stations. The Agency shall be authorized to lease, purchase, or obtain any other interest in real property for the Agency's uses.

8.2 E ui ment and Other Personal Pro~rt~ .
(a) Equipment Provided by Member Agencies. As soon as reasonably practicable, the Agency shall inventory all equipment owned by the Member Agencies that is available for the Agency's use. All Member Agency equipment shall remain the property of that Member Agency, unless the Agency and that Member Agency otherwise agree. The Member Agency may contribute additional equipment for the Agency's use upon terms agreed between the Member Agencies and the Agency. The Agency may rent or borrow equipment from the Member Agencies for temporary use. All equipment owned by the Agency or subject to an equipment lease for financing purposes, shall remain the property of the Agency. (b) Acquisition of Equipment. The Agency may acquire any equipment or other personal property for the Agency's use.

8.3 Se arate Pro ert \ of the Parties. Exhibit C, attached and incorporated by reference, establishes the property which is owned by a Member Agency and not the Agency, notwithstanding that the Agency may use that property.

9. Financial Provisions.

9.1 Administrative Services. Administrative services may be provided by the Member Agencies as described in Exhibit A, attached and incorporated by reference to this Agreement.

9.2 Or erational and Capital Costs. All operational and capital improvements costs shall be allocated among the jurisdictions in accordance with the cost-sharing formula in Exhibit B, adopted by the Board and the governing bodies of the Member Agencies, and attached and incorporated by reference into this Agreement. Operational costs shall include costs for administrative services described in Exhibit A.

9.3 Billin\.! of Members. Member Agencies will be billed quarterly by the Agency Treasurer, in accordance with the provisions of this Agreement Exhibit B. Member Agencies agree to pay the invoices on a quarterly basis.

9.4 Ca ital Purchases. Capital purchases that solely benefit a Member Agency shall be funded by that Member Agency. All other capital purchases shall be funded on terms established by the Board. The funding of capital purchases that are not budgeted shall be separately approved by the Board.
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9.5 Budl!et.
(a) Adoption. The Board shall initially adopt a budget within 90 days of execution of this Agreement. The Board shall adopt a budget for operation and capital costs, and costs of special services and contract services, in time to allow review by the Member Agencies prior to April 30th of each fiscal year. The Agency's fiscal year shall be July 1 to June 30. No expenditures may be made by or on behalf of the Agency unless authorized by a budget or budget amendment approved by the Board.
(b) Failure to Obtain Budget Approval. In the event the Board does not adopt a budget prior to start of a fiscal year, the budgeted amounts of all expenses shall, except as required for debt payments or provided in multi-year agreements and other similar continuing legal obligations, remain the same as the amounts last approved by the Board in its most recently adopted budget; provided, however, that the amounts shall be increased by the Consumer Price Index ("CPI"). The CPI shall mean the Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers in the Riverside-San Bernardino-Ontario area (Riverside-San BernardinoOntario CPI-U) for the twelve (12) month period ending the January prior to the beginning of the fiscal year. This factor shall be applied to the budget until such time as a new budget is adopted by the Board. Any shortfall in available funds and other non-reserve funds shall be made up from available reserves dedicated by the Board for such purpose and, if insufficient to cover the shortfall, any available reserve funds which have not been designated by the Board for a particular purpose or otherwise legally restricted for other purposes. Reserves shall mean any available cash or investments. In the event that a shortfall in available funds exceeds available unrestricted reserves of the Agency, such resulting unfunded shortfall shall be carried forward into the subsequent fiscal year. Member Agencies shall have no obligation to cure such unfunded shortfall other than as may be provided in a separate agreement, including, but not limited to, a special services agreement under Exhibit B.

9.6 Invoicin!.!. Upon completion of the initial budget, and thereafter at such other intervals as determined appropriate by the Board, the Agency shall determine the amount of the budget expenses payable during the ensuing period pursuant to each Member Agency's share of expenses required by this Agreement, and the budget approved by the Board. The Agency shall submit to each Member Agency an invoice showing the Member Agency's share for the applicable period together with a calculation of the Member Agency's share. Each Member Agency shall pay to the Agency the amount invoiced within 30 days after the date of the invoice.

Any amount not paid within 60 days of the date of an invoice shall be delinquent.

9.7 Default and Delinquenc\ . Any Member Agency which defaults in its obligation to pay or advance any amounts due pursuant to this Agreement after such amounts have become delinquent shall be deemed to have waived and relinquished any rights and benefits it may have under this Agreement. Any defaulting Member Agency shall be liable to the Agency for interest on the unpaid amount at the rate of 10% per annum, or the maximum rate allowed by law if it is less than 10% per annum, until the overdue invoice amount is paid in full. If the Agreement is terminated, then the defaulting Member Agency shall remain liable for payment of its share of debts, liabilities and obligations under this Agreement incurred prior to the date of termination, plus interest.
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9.8 Accountirn.!. The Agency shall maintain strict accountability of all funds, receipts and expenses, and shall keep and maintain appropriate records and accounts of all funds, receipts and expenses under this Agreement in accordance with generally accepted accounting practices for California public agencies and the requirements of the Act. The Agency shall allow any Member Agency, or any of its employees, accountants, attorneys or agents to review, inspect, copy and audit any such records and accounts.

9.9 Record of Contributions. The Agency shall maintain records of all equipment, property and assets contributed by each Member Agency and by the Agency, including any staff resources contributed to the Agency.
9 .10 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public accountant and copies of such audit reports shall be filed with the State and each Member Agency pursuant to the requirements of Section 6505 through 6505.6 of the Government Code. The audit shall conform to generally accepted auditing standards. Such report shall be filed within 12 months after the end of the fiscal year or years under examination, and no later than fifteen (15) days after receipt of such audit reports by the Agency. 9 .11 Expenditures. The Board shall establish and comply with a system and procedure for the review and approval of Agency expenditures and claims and the drawing and signing of Agency warrants or checks. All expenditures shall be consistent with the approved budget, except as otherwise determined by the Board.
9 .12 Commitment to Use of Al.!enc, Services. In order to ensure and maximize the financial success of the Agency, following the Agency's commencement of providing animal shelter and/or control services, the Member Agencies agree to direct all inquiries and needs for animal shelter and/or control services within their respective jurisdictions to the Agency.

10. Debts. Liabilities, Obligations; Contracts with Public Retirement S,·stems.

10.1 Subject to all applicable laws, including but not limited to Government Code section 6508.1, all debts, liabilities, and obligations of the Agency shall be those of the Agency, and do not constitute debts, liabilities, or obligations of any one or more of the Member Agencies. The responsibilities and obligations of each Member Agency to this Agreement shall be solely as provided in this Agreement, or as provided in supplemental agreements or amendments as shall be executed by the Member Agencies. l 0.2 The Agency shall not contract with a "public retirement system," as defined in Government Code section 6508.1 (b ), unless this Agreement is amended to expressly authorize such a contract. If the Parties amend this Agreement to authorize such a contract, such amendment shall address the Parties' respective responsibilities for the Agency's retirement liabilities in the event of termination or withdrawal.

10.3 The debts, liabilities and obligations of each Member Agency in existence or accrued as of the full execution of this Agreement shall remain the debts, liabilities and obligations of that Member Agency and shall not be assumed by or transferred to the Agency.

After the execution of this Agreement by both Member Agencies, however, any existing debt, 46700.02420\42449849.l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 47 of 158 liability or obligation of the Member Agencies may be expressly approved or accepted by the Agency by a formal written action of the Board.

11. Indemnih and Hold Harmless; Insurance.

11.1 Indemnification of Member A!.!encies. The Agency shall indemnify, defend and hold harmless the Board of Directors, the individual Member Agencies, and their members, officers, directors, employees and agents from and against any and all liability, loss, damages expenses, costs (including, without limitations, costs and fees of litigation or arbitration) of every nature, arising out of any Agency act or omission related to this Agreement, except such loss or damage which was caused by the willful misconduct of the Board of Directors, any individual Member Agency, or their members, officers, directors, employees and agents.

11.2 Indemnification for Prior/Separate Acts. Each Member Agency (Indemnifying Member Agency) shall defend, indemnify and hold harmless the Agency, each Director, the other Member Agency, and the Agency and each Member Agency's respective Council or governing body members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind, including attorney's fees and expert's fees. arising directly or indirectly from the Indemnifying Member Agency's acts or omissions occurring prior to the effective date of the Agency's initial Effective Date, or that otherwise occur outside the scope of this Agreement.

11.3 Insurance. The Agency shall acquire insurance protection as is necessary to protect the interests of the Agency and the Member Agencies. The premiums for insurance acquired by the Agency, as well as any anticipated funds necessary to pay for self-insured retentions and deductibles for insurance, shall be determined based upon actuarial studies and included in the budget. Any adjustments to the budget to pay for insurance premiums, selfinsured retentions, and deductibles shall be prepared by staff for presentation to the Board of Directors for consideration and approval.

11.4 Survival. These defense, indemnification, and hold harmless obligations shall survive and continue in full force and effect after withdrawal of any Member Agency from this Agreement or termination of this Agreement for any reason with respect to any acts, errors or omissions that occurred before the date of such withdrawal or termination.

12. Termination.

12.1 Termination.
(a) If there are at any point only two Member Agencies in the Agency, either Member Agency may unilaterally terminate the Agreement with an effective termination date of June 30 of any Fiscal Year, provided that written notice is provided to, and received by, the Agency and the other Member Agency by the terminating Member Agency no later than June 30 of the prior Fiscal Year, as expressed by vote of the governing body of the terminating Member Agency. Any terminating Member Agency shall be obligated to pay that Member Agency's contributions for the Fiscal Year ending on the effective date of termination. 46700.02420\42449849. l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 48 of 158 (b) The Member Agencies may all jointly agree by written consent to terminate the Agreement, as expressed by resolution of the governing boards of all Member Agencies (passed by vote of the membershlp of the governing body of each Member Agency).

Such termination shall provide for adequate time to wind-up the affairs of the Agency and distribute any assets pursuant to this Agreement. The Member Agencies shall be obligated to pay their contributions until the effective date of termination.

12.2 Disrosition of Member A!.!encies' Propem UQon Termination. Any property that was acquired by a Member Agency prior to entering this Agreement, and that is required either by this Agreement or by any subsequent act or agreement to remain the property of the Member Agency, shall be returned to the Member Agency upon termination of this Agreement. Exhibit C lists the separate property of the Member Agencies, but a Member Agency may prove that it, and not the Agency, owns certain property by providing documentation establishing such ownershlp.

If property is not listed in Exhibit C, and no documentation establishes ownership of that property, the property will be presumed to be owned by the Agency.

12.3 Disposition of A!.!enc, Propert, Upon Termination. Upon termination of thls Agreement, the assets and property of the Agency shall be distributed as follows:
(a) First, if a Member Agency is in default of its obligation to pay or advance any amounts due to Agency pursuant to this Agreement, then any funds or assets of the defaulting Member Agency shall be applied to the Agency in satisfaction of any such delinquency.
(b) Second, any other funds on hand shall be used to liquidate and wind-up the affairs of the Agency.
( c) Third, any surplus funds on hand remauung after satisfaction of subsections (a) and (b) above shall then be returned to the Member Agencies in proportion to their proportional financial contributions made to the Agency. (d) Fourth, any property acquired by a Member Agency prior to entering this Agreement shall be returned to the Member Agency which owned the property at the Formation Date; provided, however, that if any such property has been substantially improved, repaired or modified by Agency funds, it shall be distributed pursuant to subsection (e) below. (e) Fifth, any property owned by the Agency in which the original Member Agencies or their successors hold an ownership interest pursuant to Section 8.1 ( a) shall be tr_ansferred or returned to such Member Agencies pursuant to a separate agreement of such Member Agencies entered into at that time. If such subsequent agreement is not successfully negotiated and agreed to within a reasonable period of time, then the Member Agency previously owning the property shall have the option, exercisable in its discretion, to purchase the property, in whole or in part, for fair market value at the time of the exercise of the option. Withln 90 days notice of exercise of the option, or as soon as reasonably possible thereafter, the Agency shall notify the Member Agency previously owning the property of the Agency's reasonable determination of the amount of the purchase price of the property, including any improvements thereon. Upon mutual agreement on a purchase price determined under thls section and payment 46700.02420\42449849 .1
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 49 of 158 thereof, the Agency will sell, assign, transfer, convey and deliver to such Member Agency all of its right, title, and interest in the purchased assets, and Agency will pay the other original Member Agencies that had an interest in the property in proportion to their financial and equipment contributions made to the Agency during the operation of this Agreement and any ancillary agreements, including contributions specifically related to ownership interest in the subject property.
(f) Sixth, any remaining property and assets shall be divided and distributed amongst the Member Agencies pursuant to separate agreement of the Member Agencies entered into at that time. If such subsequent agreement is not successfully negotiated and agreed to within a reasonable period of time, then the remaining property and assets shall be sold and the net proceeds from any sale shall be distributed among the Member Agencies in proportion to their financial and equipment contributions made to the Agency during the operation of this Agreement and any ancillary agreements.
13, Conflict Resolution. The Member Agencies agree that any and all disputes, claims or controversies between the Member Agencies arising out of or relating to performance of this Agreement, shall be resolved pursuant to the conflict resolution provisions as follows:

13.l The Member Agencies shall first meet and attempt in good faith to negotiate and resolve any dispute arising out of or relating to this Agreement, subject to subsequent approval of any such resolution by the respective governing boards. The Member Agencies may, in each Member Agency's respective discretion, appoint either an alternative representative of the governing body or an ad hoc committee constituting less than a quorum of the governing body to meet and attempt in good faith to negotiate and resolve any dispute arising out of or relating to this Agreement, subject to subsequent approval of any such resolution by the respective governing boards.

13.2 If the matter is not resolved by negotiation pursuant to Section 13.1 above, then the Member Agencies agree that the matter shall be submitted to mediation within a reasonable period of time after receipt of a written request from one Member Agency to the other Member Agency requesting such mediation. The Member Agencies shall cooperate with one another in selecting a mediator and in scheduling the mediation proceedings. Should the Member Agencies be unable to agree upon a mediator, they shall agree upon a mediation service and shall have that service select a mediator for them. The Member Agencies agree that they shall participate in the mediation in good faith and that they will share equally in the costs of mediation. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Member Agencies, their agents, employees, experts and attorneys, and by the mediator or any employees of the mediator, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Member Agencies, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

13.3 If the matter is not resolved by negotiation pursuant to Section 13.1 above, or by subsequent mediation pursuant to Section 13.2 above, then the Member Agencies may submit the matter to binding or non-binding arbitration, but only if both Member Agencies agree to 46700. 02420142449849.1
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 50 of 158 submit the particular controversy to arbitration. Neither Member Agency shall have a right to submit any controversy to arbitration without the other Member Agency's consent.

14. New Members.

14.1 Addition of New Member~. The Board may set the terms and conditions for admitting new members (a "New Member Agency" or ''New Member") that it deems appropriate either by amendment to this Agreement or reference to the Bylaws or other adopted resolution or policy of the Agency. New Members may only be admitted with unanimous approval of the Board and approval by each governing body of the Member Agencies. Approved New Members shall execute a copy of this Agreement, as amended, and shall thereafter be subject to all terms and conditions contained herein.

14.2 Construction. Except as otherwise expressly set forth herein, the terms of this Agreement shall be construed so as to apply to New Members the same as to the initial Member Agencies to the Agreement. New Members shall have the rights and obligations accorded to "Members" or "Member Agencies" (whether singular or plural) under this Agreement.

14.3 Cost Share. Prior to the acceptance of any New Member Agency, the proposed New Member Agency shall pay an amount, as determined by the Board, for the proposed New Member Agency's fair share of any start-up costs or other initial investments incurred by the Agency as consideration for admitting the New Member Agency.

14.4 Fundin!! of Services. The Agency shall not provide any animal control, animal sheltering, or related services within a New Member Agency's geographic area unless and until the New Member Agency deposits sufficient funds to cover the estimated costs of services for a period of time as determined by the Board, to be not less than six (6) months.

15. Contracting with Other Agencies.

16.1 Authorit, to Contract for Services. In accordance with its statutory authority, the Agency may offer its services to nonmember public agencies upon such terms as may be mutually agreed upon by the parties.

16. Withdrawal. Notwithstanding any other provision of this Agreement, any Member Agency may withdraw from the Agency by providing the Agency with written notice of its intent to withdraw consistent with Section 12.1 of this Agreement, Termination. This includes providing written notice no later than June 30 of any Fiscal Year, a continuing obligation to pay that Member Agency's contributions for following Fiscal Year (the last date of which will be the effective date of termination), and following Section 12.l.b. for the procedure where the Members Agency may jointly agree by written consent on the withdrawal of a Member Agency.

A withdrawal from the Agency constitutes a withdrawal of that Member Agency's representatives from the Board of Directors.

17. Effect of Withdrawal. The withdrawal of a Member Agency shall not terminate its responsibility to contribute its share of any obligation incurred by the Agency, including amounts determined by the Board for (1) liabilities and claims accrued during the time the agency was a Member Agency; or (2) budgeted expenses for the Fiscal Year in which notice of intent to 46700. 02420\42449849. l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 51 of 158 withdraw is effective. Except as the withdrawing Member Agency may agree, in writing, with the Board, the withdrawing Member Agency shall automatically relinquish all rights as a Member Agency under this Agreement, on the effective date of the withdrawal. Upon termination of this Agreement, a Member Agency that has withdrawn will be treated like all other Member Agencies for purposes of disbursement of Agency assets, unless otherwise agreed in writing and the remaining Member Agencies of the Agency can maintain the name "West End Animal Services Agency."

18. Conflict of Interest Code. The Agency shall adopt a Conflict of Interest Code consistent with the Fair Political Practices Commission's Model Conflict oflnterest Code.

19. General Provisions.

19.l Inte1!ratio11, This Agreement constitutes the sole, final, complete, exclusive and integrated expression and statement of the terms of this contract among the Member Agencies concerning the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either oral or written, that may be related to the subject matter of this Agreement, except those other documents that are expressly referenced in this Agreement.

19.2 Headin!!s. The section and subsection headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose.

19.3 Consents. Whenever any consent and/or approval is required under this Agreement from any Member Agency, said consent and/or approval shall not be unreasonably withheld.

19.4 Construction and lnte~tation. It is agreed and acknowledged by the Member Agencies that this Agreement has been arrived at through negotiation, and that each Member Agency has had a full and fair opportunity to revise the terms of this Agreement. Consequently, the normal rule of construction that any ambiguities are to be resolved against the drafting Member Agency shall not apply in construing or interpreting this Agreement.

19.5 Waiver. The waiver at any time by any Member Agency of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.

19.6 Remedies Not Exclusive. The remedies provided in this Agreement are cumulative and not exclusive, and are in addition to any other remedies that may be provided by law or equity. The exercise by either Member Agency of any remedy under this Agreement shall be without prejudice to the enforcement of any other remedy.

19.7 Severabilit\. The invalidity, illegality or unenforceability of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

19.8 Successors and Assi1!ns. Except as otherwise provided by law, the rights and duties of the Member Agencies under this Agreement shall not be assigned or delegated without the prior written consent of the other Member Agency. Any attempt to assign or delegate such 46700. 02420\42449849. l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 52 of 158 rights or duties in contravention of this Agreement shall be null and void. Any approved assignment or delegation shall be consistent with the terms of any contracts, resolutions, indemnities and other obligations of the Agency then in effect, and may be subject to such additional reasonable conditions of approval imposed by the Member Agency approving the assignment or delegation.

19.9 No Third Member A!.!enc, Beneficiaries. This Agreement shall not be construed to create any third party beneficiaries. This Agreement is for the sole benefit of the Member Agencies, and their permitted successors, transferees and assignees, and no other person or entity shall be entitled to rely upon or receive any benefit from this Agreement or any of its terms. 19 .10 Amendment. This Agreement may be modified or amended only by a subsequent written agreement approved by the governing board of each Member Agency and executed by both Member Agencies pursuant to the terms and conditions of this Agreement. 19 .11 Governin~ Law and Venue. Except as otherwise required by law, this Agreement shall be interpreted, governed by, and construed under the laws of the State of California. The County of San Bernardino shall be the venue for any litigation concerning the enforcement or construction of this Agreement.

19.12 Attorne\ Fees. In the event any legal action is brought to enforce or construe this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, expert witness and consulting fees, litigation costs and costs of suit.

19.13 Notice. Any notice, demand, invoice or other communication required or permitted to be given under this Agreement shall be in writing and either served personally or sent by prepaid, first class U.S. mail to the City Clerk and City Attorney of each Member Agency.

Any notice or other communication served by personal delivery shall be deemed received when actually delivered. Any notice or other communication shall be deemed as received three days after deposit in United States mail, postage prepaid, return receipt requested.

19.14 Counter arts. This Agreement may be executed by the Member Agencies in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. [ signature page follows]
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EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 53 of 158 IN WITNESS WHEREOF, the Member Agencies hereto have executed this Joint Exercise of Powers Agreement as of the date last executed as set forth below.

ATTEST['.{ . c[
By L ~.1.4L 0$\--. City Oferk
APPROVED AS TO FORM:
'iv10 J (}({;G~
City Attorney
ATTEST:

By N~ k
APPR~~
Fred Galante, City Attorney
46700.02420\42449849.I
Reich, City ~ ager
Dated ~7--A~~-_--e2_;z:_ __
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 54 of 158

SIGNATURE PAGE OF THE CITY OF MONTCLAIR AGREEING TO BECOME A PARTY

TO THE ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE POWER JOINT

POWERS AGREEMENT
The City of Montclair, California hereby agrees to become a Party to the Animal Resource Center of the Inland Empire Joint Powers Agreement dated July 16. 2024, as amended on January 27, 2025 (previously known as the "West End Animal Service Agency Joint Powers Agreement"') pursuant to Section 14 of the Agreement.

CITY OF MONTCLAIR
By:

Name:
---------- ---
Ti tie:

Date:

ATTEST:

By:

Name:
- ------------
Ti tie:

APPROVED AS TO FORM:

By:

Name:
-------------
Ti tie:

Note: The addition of the above-named entity as a Party to the Animal Resource Center of the Inland Empire Joint Powers Agreement is subject to atisfaction of the conditions set forth in Section 14 of the Agreement and such other conditions as previously adopted by resolution of the Animal Resource Center of the Inland Empire Board of Directors. 90656.0000 I \43211296.1
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 55 of 158 SIGNATURE PAGE OF THE COUNTY OF SAN BERNARDfNO AGREEfNG TO BECOME A PARTY TO THE ANIMAL RESOURCE CENTER OF THE fNLAND EMPIRE POWER

JOINT POWERS AGREEMENT
The County of San Bernardino, California hereby agrees to become a Party to the Animal Resource Center of the Inland Empire Joint Powers Agreement dated July 16, 2024, as amended on January 27, 2025 (previously known as the "West End Animal Service Agency Joint Powers Agreement"), pursuant to Section 14 of the Agreement.

COUNTY OF SAN BERNARDfNO
By:

Name:
--------- - ---
Title:

Date:

ATTEST:

By:

Name:
- ------------
Title:

APPROVED AS TO FORM:

By:

Name:
-------------
Title:

Note: The addition of the above-named entity as a Party to the Animal Resource Center of the Inland Empire Joint Powers Agreement is subject to satisfaction of the conditions set forth in Section 14 of the Agreement and such other conditions as previously adopted by resolution of the Animal Resource Center of the Inland Empire Board of Directors. Without limiting the generality of the foregoing, County expressly acknowledges that services provided by the Animal Resource Center of the Inland Empire to the County under the Joint Powers Agreement will only be for those areas located in the "West End'' of the County's unincorporated area, as described on Exhibit A of the Board of Directors resolution approving the County's admission as a Party to the Joint Powers Agreement.
90656.00001\432 11336.1
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 56 of 158 EXIIlBITA

ADMINISTRATIVE SERVICES
Personnel: To be separately hired/controlled by Agency, and/or to be provided by Member Agencies by agreement as part of their overall contribution.

Specifically, the Agency will require the following services:
• Human Resources/Risk Management
• Dispatch Services • Information Technology Management • Fleet Management
• Procurement and Purchasing • Legal Services
• Facilities Management (including janitorial)
• Finance/Budgeting
Provision by a Member Agency of any of the above services shall be compensated by the Agency as set forth in a separate written agreement or as described below for Interim Administrator(s). Compensation methods may include payment of a quarterly fee by the Agency to the Member Agency or recognition of the quarterly amount as an indirect contribution made by the respective agency to be deducted from the contributing Member Agency's proportional allocation of costs for the operation of the Agency.

Interim Administration:

Until the Agency directly employs personnel to provide administrative services for the Agency or enters into a separate written agreement for employees of a Member Agency to provide administrative services, the Board may identify one or more Member Agencies to provide specified services as the Agency's "Interim Administrator(s)" pursuant to the terms and conditions set forth below:
• In no event shall the term of Interim Administrator extend beyond July 1, 2025, without approval of the Board, and any extension shall not last more than one (1) year. • As Interim Administrator, the Member Agency shall perform all services reasonably necessary for the management and administration of the Agency, including but not limited to identifying key staff that will provide services to the Board and the Agency, including staff who shall serve as Secretary and Treasurer/ Auditor-Controller pursuant to Section 7.l(b}-{d) of the Agreement.
• Such key staff shall at all times remain under the exclusive direction and control of the Member Agency. The Member Agency shall be responsible for all compensation, supervision, and administrative costs relating to Member Agency staff providing services as the Interim Administrator.
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EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 57 of 158 • In order to compensate the Member Agency for the performance of services as Interim Administrator, the agreed value of the Member Agency's indirect contribution shall be set forth in a writing approved by the Board and the Member Agency's City Manager following the Formation Date, and may be revised as necessary in a writing approved by the Board and the Member Agency based on the Member Agency's projections of the cost to perform its services as Interim Administrator. The compensation may be provided by payment of a quarterly fee by the Agency to the Member Agency or recognition of the quarterly amount as an indirect contribution made by the respective agency to be deducted from the contributing Member Agency's proportional allocation of costs for the operation of the Agency.
• For Agency-budgeted expenses incurred by the Member Agency for contractors, consultants, and other outside services, materials, and supplies, the Member Agency shall draw upon and expend its own funds and the Agency shall reimburse the Member Agency from Agency funds upon receipt of a quarterly invoice from the Member Agency or be credited in its quarterly payments to the Agency. The Agency shall pay each invoice or recognize the credit within thirty (30) days of its receipt. • Interim Administrator contributions and reimbursable expenditures by the Member Agency shall be subject to the Agency's adopted budget, unless such amounts and reimbursable expenditures have been previously approved by the Agency's Board. • A representative of the Member Agency, which shall be an employee of the Member Agency that is not assigned to deliver services as Interim Administrator, shall serve as the main point of contact for the Agency. Any concerns regarding the Member Agency's performance as Interim Administrator, including staff identified to perform services required of the Interim Administrator, shall be relayed to the designated point of contact.

The Agency shall not have the ability to direct how services are to be performed, specify the location where services are to be performed, or establish hours or days for the performance of services provided by Member Agency staff. • The Agency shall not have any right to discharge or discipline any member of the Member Agency's staff The Member Agency is retained as an independent contractor and is not an employee of Agency. No employee or agent of the Member Agency shall become an employee of the Agency pursuant to the Member Agency's role as Interim Administrator, and Member Agency employees or agents assigned to provide services under this Agreement shall remain under the exclusive control of the Member Agency. • The Agency shall defend, indemnify, and hold harmless the Member Agency serving as Interim Administrator and its officials, officers, employees, contractors, agents, and authorized volunteers from any and all claims, demands, damages, liabilities, fines, expenses, and related costs and fees, including attorney's fees, arising from or related to the Member Agency's performance of services as the Interim Administrator. 46700.02420\42449849 .1
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 58 of 158 EXIIlBIT B

CONTRIBUTION FORMULA
From and after the Formation Date, each Member Agency shall pay for the ongoing costs of the Agency according to the following formula, to be initially calculated at the time of the formation of the Agency.

Initial Share of Contributions I Voting Shares
Ontario 58%
Chino 28%
Montclair I 0%
County of San Bernardino 4% (West End unincorporated area only) Determination of Future Share of Contribution / Voting Shares Offsets
Thereafter, each Member Agency's proportional share will be recalculated: (1) once every five years, and/or (2) upon a unanimous vote to authorize the induction of a New Member Agency pursuant to the Agreement. Expenses of the Agency are to be paid by each Member Agency in proportion to the services provided to each Member Agency.

Determination of the proportion of services provided to each Member Agency shall be based upon actual or estimated number of calls for animal control service from each Member Agency, the number of animals sheltered from each Member Agency, and/or other factors reasonably bearing on the Agency's costs, as reasonably determined by the Board. For example, if Ontario receives 58% of the Agency's services and Chino receives 28%, Ontario's funding contribution would be 58%, Chino's would be 28%.

Every five years and upon a unanimous vote to authorize the induction of a New Member Agency, the Board shall adopt an addendum to this Exhibit B showing the updated Share of Contributions / Voting Shares, which shall be ministerially added to the Agreement.

Each Member Agency may offset its financial contributions by licenses/fee revenues, and/or by making "in-k ind" contributions such as personnel or meeting room space.

Costs for such contributions shall be reasonable and as set forth in a written agreement between a Member Agency and the Agency.

Additional Costs for Special Services
If a Member Agency wants additional animal services in its jurisdictional area, the cost allocation for such additional service can be made upon action by the Board and reflected in a written "special services" agreement with the Member Agency. Full cost of "special services'' should be borne by the requesting Member Agency.

Services to Other Agencies
46700.02420\42449849. I
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 59 of 158 Other public agencies who contract with the Agency for services in their jurisdiction but who do not qualify or wish to be inducted as Member Agencies will be responsible for paying their actual costs pursuant to a written "contract services" agreement with the Agency, plus any startup or entry costs deemed appropriate by the Board. Such public agency will be considered only a "contracting agency" and not a Member Agency with voting power or other rights of membership for purposes of this Agreement. 46700.02420\42449849. l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 60 of 158

EXHIBITC

INVENTORY OF

EQUIPMENT AND PROPERTY
46700.02420\42449849 .1
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 61 of 158

FIRST AMENDMENT TO THE

WEST END ANIMAL SERVICES AGENCY

JOINT EXERCISE OF POWERS AGREEMENT
2025-077 A1
This First Amendment to the Joint Exercise of Powers Agreement of the West End Animal Services Agency ("First Amendment") is made and entered into by and between those certain public agencies, hereinafter referred to as the "Parties" or "Member Agencies," which have duly executed the Joint Exercise of Powers Agreement for the West End Animal Services Agency ("Agency"). This First Amendment is effective as of the last date of execution of the First Amendment by the Parties.

RECITALS
WHEREAS, the Joint Exercise of Powers Agreement for the West End Animal Services Agency ("Agreement") between the City of Ontario and City of Chino was executed as of July 16, 2024, and effective as of August 1, 2024, for the purposes of providing animal control, animal shelter, and related animal services within the jurisdiction of the Member Agencies and such agencies as the Agency may contract with for such services; and WHEREAS, Section 19.10 of the Agreement provides that the Agreement may be modified or amended by a subsequent written agreement approved by the governing body of each Member Agency and executed by the Member Agencies; and
WHEREAS, on January 16, 2025, the Agency's Board of Directors voted to request that the Member Agencies approve an amendment to the Agreement changing the Agency's name from "West End Animal Services Agency" to "Animal Resource Center of the Inland Empire".

AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the Parties to amend the Agreement, as follows:

1. Recitals. The Recitals set forth above are true and correct and are incorporated into the body of this First Amendment as though expressly set forth herein.

2. Amendment of Al.!reement to Chan!..!e A!.!enc, Name. The Agreement is hereby amended to change the name of the Agency to "Animal Resource Center of the Inland Empire." All references to "West End Animal Services Agency," including but not limited to the references set out in the title of the Agreement, Section 4. l(a) (Confirmation of Agency Name), and in all other places throughout the Agreement, shall be changed to "Animal Resource Center of the Inland Empire."

3. Full Force. Except as specifically amended herein, the Agreement shall remain in full force and effect.
90656.00001\43107636. l
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 62 of 158

4. Effect of Amendment. Except as expressly set forth in this Amendment, all other sections, provisions, exhibits and commitments of the Agreement remain unchanged and in full force and effect.

5. Counterparts. This Amendment may be executed in one or more counterparts, including facsimile counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date of the last signature below.

CITY OF ONTARIO
-
Name: cott Ochoa
Title: City Manager
Date: I - l. 1:- :;i 5
ATTEST:
u
90656.00001 \43107636.1

CITY OF CHINO
N, 1e: Dr. Linda Reich
itle: City Mana!.!er
Date: / -fil;z.~S--
ATTEST:
~re:£ __ ,iM_,-
Natalie Gonzaga~ Ckrk"
APP~~
FreJ~ ia:te, City Attorney
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 63 of 158 NOTE:

Upon the Effective Date of the admission of the City of Montclair and the County of San Bernardino to the Animal Resource Center of the Inland Empire, the attached addendum reflecting updated Initial Share of Contributions / Voting Shares will be ministerially added as Exhibit B of the Joint Powers Agreement.
90656.00001\43211431. I
EXHIBIT 1 AGREEMENT NO. 25-10

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 64 of 158 Agreement No. 21- 43

ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT

THIS ANIMAL SHELTER AND ANIMAL C NTROL SERVICES AGREEMENT Agreement") is made and entered into this " '/' day of( 2021, by and between the CITY OF MONTCLAIR, a municipal corporation ( h einafter referred to as " City"), and THE HUMANE SOCIETY OF POMONA VALLEY INC, dba INLAND VALLEY HUMANE SOCIETY & S. P. C.A., a nonprofit corporation ( hereinafter referred to as " Humane Society").

WHEREAS, the purpose of entering into this Agreement is to contract for animal shelter and animal control services with Humane Society under the terms and conditions as provided herein; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, it is mutually agreed by and between City and Humane Society (hereinafter Party," individually, or " Parties," collectively), as follows:

1. Humane Society Services:
a) Generally: The services to be performed by Humane Society pursuant to this Agreement include the maintenance and operation of an animal shelter in compliance with California law, implementation and enforcement of Food and Agriculture Code sections that apply to animal control, licensing, rabies control and investigation and/ or prosecution of animal cruelty and potentially dangerous or vicious dogs cases, including but not limited to California Food and Agriculture Code section 30501, et. seq., enforcement of all applicable City or County ordinances, and the services set forth in Exhibit 1 attached to this Agreement.
b) Administrative Citations: Issue and Collection: Humane Society will issue and collect payment of administrative citations for violation of statutes, regulations or ordinances related to animals and animal control. City must adopt a municipal code or ordinance authorizing Humane Society to issue administrative citations for the purpose of enforcing City code pertaining to animals and to facilitate the collection of associated fines and/ or fees if City has not already implemented such a code or ordinance.

2. Non -Discrimination:

Humane Society is an equal opportunity employer and subject to, and in compliance with, applicable State and Federal Anti -Discrimination laws. Humane Society does not discriminate on the basis of race, color, national origin, religion, marital status, ancestry, disability, sex, sexual orientation, age, genetic information, veteran status or any other protected class.

3. Cooperation with Health Department:

Humane Society agrees to cooperate with the California Department of Health Services and the health departments of all governing counties in matters pertaining to rabies and animal quarantine. In cooperation with the state and local health departments, Humane Society will conduct animal inoculation programs as required.

4. Cooperation and Correspondence:
a) Cooperation: City agrees that its departments, employees and agents shall cooperate with Humane Society in the performance of the services to be performed by Humane Society under this Agreement. City' s cooperation includes promoting Humane Society programs and services through its social media, City website and City Newsletters. City ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

EXHIBIT 2 Page 1 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 65 of 158 Agreement No. 21- 43
agrees to provide information or feedback requested by Humane Society in a timely manner so that Humane Society can fulfill its legal and contractual obligations. If Humane Society or City requests assistance on a call, City and Humane Society mutually agree to immediately dispatch City police officer( s) or Humane Society employee( s) in a timely manner for the safety and protection of the police officer( s), Humane Society employee( s), and City residents. City further agrees that its employees and agents will not interfere with Humane Society' s performance ofthe services set forth in this Agreement and Humane Society likewise agrees that its employees will not interfere with City police officer(s) in performance of their duties. Each Parry agrees not to make false or defamatory comments about the other Party in order to have and promote a positive working relationship for the duration of this Agreement.
b) Designated Representatives: City designates as the sole representative of City, its city manager or the person designated by the city manager to work with Humane Society in all matters involving the implementation of this Agreement. Humane Society will designate a contract liaison at the time this Agreement is executed. The contract liaison shall be the person identified in Paragraph 23 ( Notice), below. Humane Society designates its Administrative Services Director as its designed representative. To the extent possible, and except in the case of an emergency, all correspondences between the Parties should be initiated between their designated representatives, who are identified in the " Notice" section below. In the event of an emergency or after- hours, correspondence from the City to Humane Society should be initiated through the after- hours phone number. If either Party changes their designee, notice shall be provided to the other in writing before the new designation becomes effective.
c) Notice: In conjunction with Paragraphs 15 and 23, the City agrees that it shall contact any ofthe following persons in the event of concerns regarding handling of services, any part of this Agreement, or any alleged default or breach of this Agreement:
i) Humane Society' s designated contract liaison; or
ii) The President/ CEO of Humane Society
The City shall not claim any default or breach of this Agreement unless and until it has contacted one of the Humane Society representatives listed above, as shown in an email or other written correspondence and given the Humane Society representative adequate time to respond, consistent with Paragraph 15, below.

5. Compensation Paid to Humane Society:

In exchange for Humane Society performing the duties set forth herein, City agrees to compensate Humane Society in the following manner:
a) Annual Fee to Humane Society: City shall pay Humane Society for the fiscal year of July 1, 2021 to June 30, 2022, the sum of four hundred and twenty thousand dollars 420, 000. 00) payable in equal monthly payments of thirty-five thousand dollars 35, 000. 00) commencing on July 1, 2021 and continuing each month thereafter on or before the first day of the month, up to and through June 30, 2022. Thereafter, compensation shall be calculated in the manner set forth in Paragraphs 5( c) (" Annual Fee").

Guaranteed Revenue Credits: Humane Society shall receive and retain all payments collected for dog and cat licenses and related late fees, impound fees, kennel care fees and court fines collected on behalf of City as a result of City' s animal control program. Any fees collected by Humane Society in connection with City' s animal control program shall be automatically remitted to Humane Society. The City is guaranteed a minimum annual revenue by the Humane Society in the amount of one hundred and fifty thousand dollars ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

EXHIBIT 2 Page 2 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 66 of 158 Agreement No. 21- 43
150, 000. 00) (" Guaranteed Revenue") The Guaranteed Revenue will be credited against the Annual Fee set forth in Paragraph 5( a) above, and subsequently calculated in Paragraph 5( d) below. If Humane Society is unable to collect the full Guaranteed Revenue during any term year, Humane Society will credit City the entire Guaranteed Revenue amount, which will be credited to City on the final (June) invoice for that year. Any revenue collected on behalf of the City in excess of the Guaranteed Revenue shall be shared with Humane Society 50/ 50 and credited toward the Annual Fee due to Humane Society. The Humane Society' s excess revenue portion will be placed in an escrow account to be used for medical services at the Humane Society for City residents who cannot afford to spay/ neuter and/ or microchip their dogs and/ or cats.
b) Invoices and Payments: Humane Society will provide City with a monthly invoice and reconciliation of collected licensing fees on City' s behalf. The amounts collected each month shall be deducted from the Annual Fee owed by City to Humane Society set forth in Paragraph 5( a). If City has any questions or disputes regarding the reconciliation, it shall have 15 days in which to request clarification. If City does not seek clarification within 15 days, the reconciliation will be considered accurate for all purposes. Payment of the invoice is due no later than fifteen ( 15) days after receipt ofthe invoice. Ifthere is any question or dispute regarding the reconciliation, all non -disputed amounts shall be paid. Once the questioned or disputed portion of the reconciliation is resolved, City shall have five ( 5) business days to pay any outstanding amounts. If City does not pay the Humane Society' s invoice in a timely manner, a late fee of $100 shall be assessed. Ifthe legal action is instituted by either party in regard to disputed payments, the prevailing party shall be entitled to legal fees and court costs pursuant to Section 19 below. If Humane Society must take action to collect outstanding fees and is deemed the prevailing party in such dispute, City shall be responsible for and shall pay all reasonable fees and costs associated with collections, including legal fees and court costs pursuant to Section 19 below. c) Consumer Price Index Increase: The Annual Fee paid to Humane Society shall automatically increase effective July 1, 2022 and each July 1st of each subsequent year that is not a Term Renewal year in which a Pooled Use Adjustment occurs, during the term of this Agreement by an amount equal to the annual percentage increase in the Consumer Price Index — All Items for All Urban Customers, Los Angeles -Long Beach -Anaheim (" CPI").

The percentage increase is determined by comparing the published monthly index for December to the prior year index for December, up to the maximum of four percent (4%) of the previous year' s Annual Fee paid to Humane Society. There shall be no reduction in the amount due to Humane Society ifthe CPI is negative.

6. Pooled Use Adiustment: City' s Pooled Use percentage shall be adjusted at each Term Renewal to accurately reflect the City' s use of Humane Society services. If City' s Pooled Use percentage increased during the prior Term or Term Renewal period, the annual fee shall be increased by the same percentage increase as the City' s Pooled Use percentage increased. If City' s Pooled Use percentage decreased during the Term or Term Renewal period, the annual fee shall be decreased by the same percentage decrease as the City' s Pooled Use percentage decreased. IVHS will provide City with its Pooled Use percentage at Term Renewal. IVHS will provide City with its Pooled Use percentage no later than March 1 st at Term Renewal.

Pooled Usage is determined by analysis of several factors, including the percentage service load of City, in conjunction with City' s population, such that the City' s use of Humane Society resources is fairly allocated amongst Humane Society' s partner cities and City is charged accordingly.

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7. Availability of Service:
a) Office Hours: Humane Society office hours are 8: 00 a.m. to 5: 30 p.m. on Monday, Tuesday, Thursday, Friday and Saturday and 8: 00 a. m, to 7: 00 p. m. on Wednesday. City shall use the after- hours telephone number in the event of an emergency. The emergency number the City should use is 909- 594- 9858, or any other telephone number Humane Society provides to City from time to time under the notice provisions set forth herein. b) Animal Shelter Hours: Humane Society shelter hours are 10: 00 a.m. to 5: 30 p.m. on Monday, Tuesday, Thursday, Friday and Saturday and 10: 00 a. m. to 7: 00 p.m. on Wednesday.
c) Closure: Humane Society is closed on Sunday and most major holidays. Any changes to Humane Society office or shelter hours shall be promptly communicated to City and this Paragraph 7 of the Agreement shall be deemed revised accordingly.

8. Books and Records:

Humane Society shall maintain books of expenditures and revenues received regarding services provided to City according to its established retention policy. Such records and books shall be made available for inspection upon City request at Humane Society' s offices during regular business hours within a reasonable time following the request by City. City shall not have any contractual right to control Humane Society books or records. If costs are incurred in order to comply with a City request to inspect records and books, such costs shall be documented by Humane Society and reimbursed to Humane Society by City upon request by Humane Society, within 30 days.

9. Indemnification and Hold Harmless:
a) Humane Society represents that it possesses the necessary qualifications to perform the services and duties set forth in this Agreement and shall perform the services and duties consistent with the standard of care in the industry generally recognized in the State of California.
b) Humane Society, its employees, agents and subcontractors are not employees of City. Humane Society is an independent contractor and shall have no authority to bind City or to create or incur any obligation on behalf of, or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in a writing signed by the Parties. c) Humane Society shall indemnify, defend and hold harmless, City, its elected and appointed officials, officers, agents and employees ( collectively " Indemnitee") from and against any and all liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, costs and expenses oflitigation, including reasonable attorneys' fees (" Claim"), which Indemnitee may become subject to by reason of or arising out of any personal injury, death or property damage caused by Humane Society, by and through its agents, officers, directors or employees while performing under this Agreement. However, ifthe Claim arises as a direct result ofthe City' s active negligence or willful misconduct, then City shall indemnify, defend and hold Humane Society harmless in the manner set forth herein, including Humane Society' s officers, directors, employees and agents.
d) In the event that any action or proceeding is brought against Indemnitee by reason of any ofthe matters against which Humane Society has agreed to indemnify Indemnitee, Humane Society, upon notice from City, shall agree to defend Indemnitee at Humane ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

EXHIBIT 2 Page 4 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 68 of 158 Agreement No. 21- 43
Society' s expense by competent legal counsel of Humane Society or its insurance carrier' s choosing. Humane Society shall not be obligated to pay for independent legal counsel retained by City ifHumane Society makes competent legal counsel available to City. City agrees to notify Humane Society within five ( 5) days of its receipt of notice or service of legal process by a third party regarding a Claim allegedly caused by the acts or omissions of Humane Society, its agents, officers, directors or employees, acting within the scope of this Agreement. In the event of a Claim caused by City' s officials, agents or officers, City agrees to defend Humane Society in the same manner as set forth in this Paragraph 9( d). e) Humane Society' s indemnification under this Agreement does not extend to liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, costs and expenses of litigation, including attorney' s fees, which Indemnitee may suffer or incur or which Indemnitee may become subject to by reason of or arising out of any injury to or death of any person( s), damage to property, or loss of use of property caused by the active negligence or willful misconduct of City, its elected and appointed officials, officers, agents, employees, volunteers or representatives. f) The insurance required to be maintained by Humane Society under Paragraph 10 shall ensure Humane Society' s obligations under this Paragraph 9, however the limits of such insurance shall not limit the liability of Humane Society hereunder. The provisions of Paragraph 9 shall survive the expiration or earlier termination ofthis Agreement.

10. Insurance:

Humane Society shall, at its expense, procure and maintain insurance against Claims for injuries to persons or damages to property which may arise from or in connection with the performance ofthe services set forth in this Agreement. Insurance is to be placed with insurers with a current A.M. Best' s rating no less than ANII.

Humane Society shall maintain the following minimum scope and limits ofinsurance:
a) Minimum Scone of Insurance: Coverage shall be as follows:

General Liability:

Insurance Services Office Commercial General Liability Coverage.

Automobile Liability:

Insurance Services Office Business Auto Coverage ( Code 1 ( any auto)).

Workers' Compensation and Employers' Liability:

Workers' Compensation insurance as required by the State of California and Employers' Liability Insurance.

Errors and Omissions Liability:

Insurance appropriate to Humane Society' s profession.
b) Minimum Limits of Insurance: Limits no less than:

General Liability:
2, 000, 000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities associated with this Agreement or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:
2, 000,000 per accident for bodily injury and property damage.

Workers' Compensation and Employers' Liability:

Workers' Compensation limits as required by the Labor Code ofthe State of ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

EXHIBIT 2 Page 5 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 69 of 158 Agreement No. 21-- 43
California. Employers' Liability limits of $1, 000, 000 per accident for bodily injury or disease.

Errors and Omissions Liability:
1, 000,000 per claim.
c) Other Provisions:
i) All Policies: Each insurance policy required by Paragraph 10 shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to City.

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

Any deductibles or self-insured retentions must be declared to and approved by City.
ii) General Liability and Automobile Liability Insurance: City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds for liability arising out ofthe services provided by Humane Society as set forth in this Agreement; premises owned, occupied or used by Humane Society; or automobiles owned, leased, hired or borrowed by Humane Society. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials or employees.

Humane Society insurance shall be primary insurance with respect to City, its officers, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, employees or volunteers shall apply in excess of, and not contribute with, Humane Society' s insurance.

Humane Society' s insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of insurer' s liability.
iii) Subrogation: The Parties agree to waive all rights of subrogation against the other, including their officers, officials, directors, employees and agents for losses arising from this Agreement, which are covered by insurance.
iv) Certificates of Insurance: Humane Society agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance sufficient to satisfy City that the insurance provisions of Paragraph 10 ofthis Agreement have been complied with. The City attorney may require that Humane Society furnish City with copies of original endorsements effecting coverage as required by Paragraph 10 of this Agreement. The certificates or endorsements must be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.

ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

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11. Term:

This Agreement shall be for two ( 2) years, commencing on July 1, 2021 and shall expire on June 30, 2023 (" Term").

12. Term Renewal:

Unless either Party gives express written notice of its intent to terminate this Agreement at least ninety ( 90) days prior to the scheduled expiration date ofthe initial Term, it shall automatically renew for a successive two ( 2) year term. Thereafter, the Agreement shall automatically renew for two (2) years for each successive term (" Term Renewal") until terminated in writing by one of the Parties as provided in Paragraph 13 or modified by the Parties in writing.

13. Termination:

After the completion of the initial Term, either Party, at any time, may terminate this Agreement without cause upon the giving of no less than one hundred eighty ( 180) days prior written notice to the other Party ofthe intent to terminate. This notice shall include the date oftermination which shall be no less than one hundred eighty ( 180) days following the date of the notice. In the event of such a termination, Humane Society shall be paid for all work performed under the Agreement through the date of termination. However, ifthe termination occurs prior to the end of a Term or Term Renewal, City shall not be entitled to a credit for the full Guaranteed Revenue amount; City shall only be entitled to credit for revenue actually collected from July 1 through the date of termination of the year in which the Agreement is terminated. However, the City reserves the right to a credit for the full Guaranteed Revenue in the event of termination due to a breach by Humane Society. In the event that the Agreement is terminated by City, Humane Society will cooperate with City in transferring the animals sheltered and animal control services to any other consultant or provider chosen by City to perform the animal shelter and animal control services. These additional expenses include, but are not limited to, the identification and relocation of animals, transfer of records, including medical records, and other costs related to the transfer of the responsibility for animal sheltering and animal care services from Humane Society.

Iftermination is initiated with no breach of contract by the Humane Society, revenue will be credited to the City based on actual receipts for the service period with no additional guaranteed revenue included. There will be no pro -ration of guaranteed revenue.

14. Renegotiation Upon Occurrence of Certain Events:
a) Mandatory Spay and Neuter Legislation: Notwithstanding any other provision in this Agreement, City agrees to renegotiate the terms of this Agreement if City or the State of California adopts a municipal code section, statute, regulation or ordinance requiring the mandatory spay and neuter of dogs and/ or cats within City' s limits. City also agrees to renegotiate the terms ofthis Agreement if mandatory spay and neuter is added as a requirement for the licensing of dogs and/or cats within City limits. City agrees to this renegotiation notwithstanding the specific terms of the municipal code section, statute, regulation or ordinance regarding the age ofthe animal and any exceptions or exemptions to the municipal code section, statute, regulation or ordinance. This renegotiation is justified because of the increased cost to Humane Society to enforce the new municipal code section, statute, regulation or ordinance. The renegotiation contemplated in this Paragraph will commence within fifteen ( 15) days of the final approval of the municipal code section, statute, regulation or ordinance.

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15. 16.

17. 18.

19. Agreement No. 21- 43
b) Renegotiation Following Passage of Other State or Local Legislation with Fiscal Impact on Animal Control Services: In addition to Paragraph 14( a) above, the Parties agree to renegotiate this Agreement upon the passage of any state or local legislation that has a fiscal impact on animal control or animal care services. c) Re -calculation of Pooled Use Percentage Upon Termination of Service by a Member of the Pool: The Parties agree to renegotiate this Agreement if any city in the pool terminates their service agreement with Humane Society. Humane Society will contact City to advise of any " Significant Change" in the pool and the City' s Pooled Use, Significant Change shall mean an increased Pooled Use of 1% or more.

In the event of an alleged breach ofthis Agreement by either Party, express written notice containing an explanation of the alleged breach must be provided to the allegedly breaching Party within ten ( 10) days ofthe alleged breach or reasonable discovery ofthe alleged breach. The allegedly breaching Party must be given a reasonable time to cure following the written notification, ifthe time to cure is not already contained in this Agreement. Unless otherwise set forth herein, a reasonable time to cure shall be considered thirty (30) days, however, in the event the breach cannot be cured in said time frame, the breaching party must have made efforts to cure within 30 days and must provide a reasonable time frame for completion of the necessary cure. In the event the breaching Party fails to cure within the reasonable time frame, this Agreement shall terminate upon 90 days written notice by the non -breaching Party to the breaching Party. If City fails to pay for services for three or more consecutive months, Humane Society has the right to terminate this Agreement upon thirty 30) day notice.
er and Integration Clause:

This Agreement and Exhibit 1 attached hereto contain the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto.

Severability Clause:

If any provision of this Agreement is held to be unenforceable, then such provision will be modified to reflect the Parties' intentions. All remaining provisions ofthis Agreement shall remain in full force and effect.
rohibition Against Transfers:

Neither Party may assign or otherwise transfer or delegate any right or duty under this Agreement without the express written consent ofthe other Party. Any attempt to do so without the express written consent of both Parties shall be null and void and any assignee or transferee shall acquire no right or interest by reason of such attempted assignment or transfer.

Attorne ' Fees:

In any litigation, arbitration or other proceeding by which one Party either seeks to enforce its rights under this Agreement (whether in contract or tort) or seeks to enforce an equitable right, including a declaration of a Party' s rights or obligations under this Agreement, the prevailing Party shall be awarded reasonable attorney' s fees and all costs incurred in the matter.

ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

EXHIBIT 2 Page 8 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 72 of 158

20. 21.

Ow

23. Agreement No. 21- 43
Force Majeure:

Neither Parry will be considered to be in default of this Agreement as a result of events beyond their reasonable control. For purposes of this Agreement, such events shall include, but are not limited to, acts of God, terrorism, war, catastrophe, or other similar " force majeure" events beyond the Parties' reasonable control.

Authorized Parties:

Each Party to this Agreement has the authority to enter into and form this Agreement. The individuals signing this Agreement have the authority to act as agents oftheir respective organizations. Each Party acknowledges that they have read the Agreement and will abide by the terms set forth herein. The Parties acknowledge that they have each been represented by an attorney of their choosing. All statutory presumptions regarding drafting of this Agreement are waived, and there shall be no statutory presumption in favor of one Party or against another Party, including regarding ambiguity or interpretation.

This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of California. In the event of legal action regarding this Agreement, venue shall be in the County of Los Angeles.

Notices
A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by US Mail with tracking capacity or by a delivery service, such as FedEx or UPS, or by email, addressed as follows:

For Cjjy
Edward C. Starr, City Manager
City of Montclair
5111 Benito Street, PO Box 2308
Montclair, CA 91763
909) 626- 8571
ecstarr@cityofinontclair. org
For Humane Society
James Edward, Administrative Services Dir.

Inland Valley Humane Society & SPCA
500 Humane Way
Pomona, CA 91766
909) 706- 4601
jedward@ivhsspca. org
Any notice given by a Party shall be considered served on the other Party three (3) business days after the date of mailing, unless it was specifically sent by overnight, in which case it shall be deemed served the next business day. Any notice provided by email shall be deemed given that day if it is delivered before 4: 30 pm and the next business day if delivered after 4: 30 pm. The person or address ( physical or electronic) for notice may be changed by giving written notice of such change pursuant to this Paragraph.

ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

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Remainder of Page Intentionally Left Blank]
ANIMAL, SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

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IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated the day and year first above written.

CITY OF MONTCLAIR, a Municipal THE HUMANE SOCIETY OF POMONA Corporation: VALLEY, INC. dba INLAND VALLEY
HUMANE SOCIETY & SPCA, a
California Non -Profit Corporation:

By ie , o n utrey, Mayor
Date
ATTEST
By: Andrea M. Myric 1, City Cleric
APPROVED AS TO FORM:

By: Diane E. Robbins, lCity Attorney
Date
o., A/
P
By: President/ CEO
i uq
Date
By: Sectetary
e- (_ I
Date
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021 Page I I
EXHIBIT 2 Page 11 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 75 of 158 Agreement No. 21- 43
W.1
Services Provided by Humane Society
Animal Control Officer Availabilitv:
a) Animal Control Officers are available 7: 30 a.m. to 9: 00 p. m. Monday through Sunday and major holidays.
b) Animal Control Officers are available for emergencies 9: 00 p.m. to 7: 30 a. m.

Monday through Sunday and major holidays.

2. Animal Control Services Provided:
a) Dispatching of animal related calls.
b) Patrol for, rescue and sheltering for loose stray dogs, and confined cats and dogs. c) Rescue and sheltering for large animal/ equine.
d) Removal of deceased animals.
e) Wildlife education and relocation of nuisance wildlife in coordination with US Dept. ofFish and Wildlife.
f) Humane euthanasia of animals that are irremediably suffering. g) Chemical capture and rescue for stray animals unable to be trapped. h) Response to nuisance calls ( i.e. dog barking, leash law violations, etc.). i) Dog bite reporting and coordination with the local health department on necessary quarantine.
j) Investigation of potentially dangerous and vicious dog bite cases, and preparation for potential administrative hearings and/ or court cases.
a) Investigation and prevention of animal cruelty; preparation for potential court cases.

3. Sheltering Services:
a) Food, care and medical treatment.
b) Humane euthanasia for sick, injured or animals that are irremediably suffering. c) OBS (Dog Bites) housing, protective custody housing for PD impounds, pending court cases, and other special housing as mutually determined by the City and Humane Society.

4. Rabies Control:
a) Humane Society will provide:
i) Low cost rabies vaccinations.
ii) License renewals.
iii) License delinquent notifications.
iv) Rabies Certificates.
v) Letters to private veterinarians in the City for rabies certificates & compliance with State law.
vi) Canvassing - Humane Society may, but is not required to, canvass for dog license compliance on a door- to- door basis from time to time, as Humane Society determines in its absolute and sole discretion. If canvassing occurs, Humane Society will provide City notification in advance. A license inspector will visit each residence to verify that all dogs residing therein are appropriately licensed and have a current certificate of rabies inoculation.

ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

EXHIBIT 2 Page 12 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 76 of 158 Agreement No. 21- 43
Owned Animal Services/ Fee for Service:
a) Humane Society will provide and may charge a fee for:
i) Deceased animal pick-up.
ii) Euthanasia for owner -relinquished sick and/ or injured animals. iii) Cremation services for deceased animals.
iv) Adoption of owner -relinquished animals.
v) Special circumstance ambulance service for transport to veterinary hospital. vi) Assistance to owners for confinement and movement of animals.

6. Miscellaneous Services Provided by Humane Society:
a) Microchips for all animal adoptions and owner redemptions. b) Reduced fee vaccines, microchips, spay and neuter, and other veterinary services for community members' pets.
c) Disaster response/ temporary sheltering for displaced animals from the disaster. d) Free adoptions for veterans and active military members.

7. Humane Education:
a) Humane Society will provide education for responsible pet ownership or wildlife. b) Humane Society will maintain a website and social media platforms available to City' s constituents.
c) Humane Society may participate in community events and/ or presentations to promote responsible pet ownership, wildlife education and adoptions. d) Humane Society may use City logo in certain educational and promotional material.

ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021

EXHIBIT 2 Page 13 of 13 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 77 of 158 Agreement No. 24- 22

CITY OF MONTCLAIR
AMENDMENT NO. 1 TO AGREEMENT NO. 21- 43

BETWEEN THE CITY OF MONTCLAIR AND
INLAND VALLEY HUMANE SOCIETY & S. P. C. A.

THIS AMENDMENT NO. 1 to Agreement No. 21- 43 dated August 2, 2021, is entered into in the State of California by and between the CITY OF MONTCLAIR, a California general law municipal corporation, hereinafter called " City", and INLAND VALLEY HUMANE SOCIETY & S. P. C. A., a nonprofit corporation, hereinafter called " Humane Society." City and the Humane Society agree to amend Agreement No. 21- 43 as follows:

Section 5, subsection ( a), the " Guaranteed Revenue Credits" section shall be deleted.

2. Section 5, subsection ( b) becomes subsection ( c), and subsection ( c) becomes subsection ( d).

3. Section 5 ( b) shall be added to read as follows:
b) Revenue Credits: Humane Society shall receive and retain all payments collected for dog and cat licenses and related late fees, impound fees, kennel care fees and court fines collected on behalf of City as a result of City' s animal control program (" Service Fees"). Any Service Fees collected by Humane Society in connection with City' s animal control program shall be automatically remitted to Humane Society. All Service Fees will be credited to the City against the Annual Fee set forth in Paragraph 5( a) above, and subsequently calculated in Paragraph 5( d) below.

4. Section 13 shall be replaced in its entirety to read as follows:

Termination: After the completion of the initial Term, either Party, at any time, may terminate this Agreement without cause upon the giving of no less than one hundred eighty ( 180) days prior written notice to the other Party of the intent to terminate. This notice shall include the date of termination which shall be no less than one hundred eighty ( 180) days following the date of the notice. In the event of such a termination, Humane Society shall be paid for all work performed under the Agreement through the date of termination. In the event that the Agreement is terminated, Humane Society will cooperate with City in transferring the animals sheltered and animal control services to any other consultant or provider chosen by City to perform the animal shelter and animal control services. The additional expenses of transferring the animals and animal control services include, but are not limited to, the actual cost of identification and relocation of animals, transfer of records, including medical records, and other costs related to the transfer of the responsibility for animal sheltering and animal care services from Humane Society.

If termination is initiated, revenue will be credited to the City based on actual receipts for the service period.

5. This Amendment will be in effect July 1, 2024.

EXHIBIT 3 Page 1 of 2 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 78 of 158 Agreement No. 24-22
All other provisions of the agreement remain in effect.

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

CITY OF MONTCLAIR
Attest:

By:~ - AnctreaM:MiriCk,crk L\', l
Approved as to Form:
t C' ByL\_,)(JL~ Diane E. Robbins, City At rney

INLAND VALLEY HUMANE SOCIETY
& S.P.C.A.

By: ddJtdi IJ;JOCJaJ;i{"
Nikole Bresciani, President/CEO

EXHIBIT 3 Page 2 of 2 MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 79 of 158 EXHIBIT 4

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 80 of 158 EXHIBIT 4

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 81 of 158 EXHIBIT 4

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 82 of 158 EXHIBIT 4

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 83 of 158 Edward C. Starr
From:

Sent:

Cc:

Subject:

Importance:

Dear City Partner,
Nikole Bresciani < [email protected] >
Monday, May 20, 2024 9:30 AM
MaryAna Delossantos
Potential JPA for Animal Care and Control Services
High
It has come to my attention that you are considering a partnership with the City of Ontario to form a JPA for animal care and control services, which includes sheltering, effective July 1, 2025, or July 1, 2026. As I have mentioned to you at one point in time, I understand the importance of doing your due diligence to look at cost-effective, quality services for animal care and control in your community. Ultimately, our Board wants partners who want us for service delivery so if you are planning on departing, out of respect and consideration for partners remaining please let me know your intentions. Other cities have requested our service, and I am being direct in letting you know that I will plan accordingly to help mitigate cost increases for our partner agencies that choose to remain with us for service, including triggering your contracts with a 180-day notice if needed. I have accounted for the departure of Ontario, but having one city leave is a very different conversation than multiple cities leaving at once. I am aware of the proposed JPA's aggressive timeline, and I will gladly provide all the necessary data to make a smooth transition if and when the time comes. Please let me know if you are intending on remaining as a partner agency by 5:00pm June 3, 2024. If you would like to schedule a meeting to discuss our partnership, please reach out regarding your availability.

Thanks,
(J
Inland Valley
Humane Society
& S.P.C.A.

A home away from home.

Nikole Bresciani
President/CEO
(909) 706-4606
[email protected]
500 S. Humane Way
Pomona, CA 91766
www.ivhsspca.org
1 EXHIBIT 5

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 84 of 158 IA

M ONTCLAIR
November 8, 2024
West End Animal Services Agency
Attention: Jordan Villwock, Interim Administrator
303 East B Street
Ontario, CA 91 764
SUBJECT: West End Animal Services Agency
Dear Mr. Villwock,
BUILD THE lD LI TO MONTCLAIR
The City of Montclair is interested in joining the West End Animal Services Agency (WEASA) as member agency. We believe that the new joint powers authority will improve animal welfare and provide additional animal resources and facilities in the region, and that our participation as a member agency will further advance these efforts.

The City of Montclair is deeply committed to publ ic service and animal welfare, and we are eager to join as a member agency to collaborate with the other member agencies to provide comprehensive animal care and support for both the animals and the residents.

The City of Montclair understands the membership details as follows:
• The City of Montclair will initially hold approximately a l 0% share of the agency's voting rights and therefore, will be initially responsible for l 0% of the operational and capital improvement costs approved by the WEASA Board of Directors. This includes the cost for FY 2024-25. • The City of Montclair would pay $2M upfront for its share of the capital cost of a long-term WEASA animal shelter facility, and then would pay the balance of its share over l O years without interest or penalty.
• The City of Montclair City Council will appoint an elected official as a representative to the WEASA Board of Directors and will initially hold an approximate 10% (based on its ownership percentage as listed in the above bullet point) of the voting weight.

Official action to join the West End Animal Services Agency will require City Council action, which will be considered at a future City of Montclair City Council meeting once the WEASA Board of Directors has adopted a resolution conditionally admitting the City of Montclair and setting the final requirements for the City's membership.

Sincerely,

OFFICE OF THE CITY MANAGER
City Manager
Edward C. Starr

CITY OF MONTCLAIR
5111 Benito Street. P.O. Box 2308, Montclair, CA 91763 (909) 626-8571 FAX (909) 621-1584 Mayor Javier John Dutrey • Mayor Pro Tern Tenice Johnson• Council Members: Bill Ruh, Corysa Martinez, Benjamin Lopez• City Manager Edward C. Starr

EXHIBIT 6

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 85 of 158

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: HSV046/GRT085
DEPT.: COMMUNITY DEV./HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–11 WITH THE SAN BERNARDINO

COUNTY COMMUNITY REVITALIZATION OFFICE OF HOMELESS SERVICES TO ACCEPT

AN AWARD FROM THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 4 (HHAP–4), SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY

THE CITY ATTORNEY
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 25–11 AND RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–11 with the San Bernardino County Community Revitalization Office of Homeless Services (OHS) to accept an award from the Homeless Housing, Assistance and Prevention Program Round 4 (HHAP–4), subject to any revisions deemed necessary by the City Attorney.

A copy of Agreement No. 25–11 is attached for City Council’s review and consideration.

BACKGROUND: San Bernardino County has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, under the HHAP–4 Program authorized by AB 140 (Health & Safety Code §50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021. OHS is responsible for distributing nearly $3.5 million in HHAP–4 funding designated for the County. The City of Montclair was successful in our application to receive HHAP–4 funds.

The City’s successful application for HHAP–4 funding will be utilized to continue to provide a comprehensive outreach program with the goal of providing street outreach and rapid rehousing. The performance measures of the City’s HHAP–4 program include:
 Assisting at least seven households
 Assisting at least twenty–four individuals
 At least seven households will achieve housing stability  At least twelve people will achieve housing stability  No more than five percent of people will exit back into homelessness  At least fifty percent of eligible/willing persons served will retain or obtain mainstream benefits
 At least fifty percent of eligible and willing persons to maintain or increase income/employment
The Code Enforcement Division aims to achieve these outcomes by collaborating with local partners, delivering street outreach, offering education and information, and facilitating access to available community services through case management. The City is required to comply with the “Core Components of Housing First” as defined in Exhibit 6 of the attached agreement. In summary, the Housing First methodology of providing services is an approach that offers permanent, affordable housing, as quickly as possible MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 86 of 158 for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community–based supports people need to avoid returning to homelessness.

FISCAL IMPACT: Should the City Council approve proposed Agreement No. 25–11, OHS will provide the City with funding in the amount of $153,929.03 toward eligible expenses from February 25, 2025, to June 30, 2027.

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

1. Approve Agreement No. 25–11 with the San Bernardino County Community Revitalization Office of Homeless Services (OHS) to accept an award from the Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP–4), subject to any revisions deemed necessary by the City Attorney

2. Authorize City Manager Edward C. Starr to sign Agreement No. 25–11 and related documents.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 87 of 158 BOS Standard Contract Page 1 of 49

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Office of Homeless Services
Department Contract Representative Marcus Dillard
Telephone Number (909) 501-0625
Contractor City of Montclair
Contractor Representative Edward Starr
Telephone Number (909) 625-9405
Contract Term February 25, 2025 – June 30, 2027
Original Contract Amount $153,929.03
Amendment Amount N/A
Total Contract Amount $153,929.03
Cost Center 6210002487
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the San Bernardino City and County Continuum of Care (SBC CoC) has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 4 (HHAP-4) Program authorized by AB 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021; and
WHEREAS, the San Bernardino County (County) Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the County to administer HHAP-4 as designated by the SBC CoC, the eligible recipient of HHAP-4 funding; and
WHEREAS, the SBC CoC conducted a competitive process to find City of Montclair (Contractor) to provide these services, and
WHEREAS, Contractor has the required qualifications, experience and expertise to provide services and is willing to use State funds to serve individuals and families experiencing homelessness; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

Contract Number
SAP Number
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 88 of 158 Revised 9/6/24 Page 2 of 49

TABLE OF CONTENTS

SECTION PAGE
A. DEFINITIONS 3
B. CONTRACTOR RESPONSIBILITIES 6
C. GENERAL CONTRACT REQUIREMENTS 7
D. TERM OF CONTRACT 15
E. COUNTY RESPONSIBILITIES 15
F. FISCAL PROVISIONS 15
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS 23
H. RIGHT TO MONITOR AND AUDIT 19
I. CORRECTION OF PERFORMANCE DEFICIENCIES 19
J. NOTICES 20
K. ENTIRE AGREEMENT 20
L. ELECTRONIC SIGNATURES 20

ATTACHMENTS
EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY
EXHIBIT 2 – FISCAL PROVISIONS
EXHIBIT 3 – SCOPE OF WORK
EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE
EXHIBIT 5 – HMIS DATA QUALITY REPORT
EXHIBIT 6 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255 EXHIBIT 7 – HHAP-4 EXPENDITURE REPORT
EXHIBIT 8 – HHAP-4 EXPENDITURE REPORT CHECKLIST
EXHIBIT 9 – HHAP-4 DISBURSEMENT REQUEST
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 89 of 158 Revised 9/6/24 Page 3 of 49
A. DEFINITIONS
A.1 Administrative Entity: A unit of general-purpose local government (city, county, or a city that is also a county) or nonprofit organization that has (1) previously administered federal Department of Housing and Urban Development (HUD) Continuum of Care (CoC) funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations, and (2) been designated by the CoC to administer program funds.

A.2 Case Management: The coordination of community-based services by a professional team to provide people the quality health care that is customized accordingly to an individual’s setbacks or persistent challenges and aid them to their recovery. In addition, it can be defined as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet the client’s health and human service needs.

A.3 Continuum of Care (CoC): The group organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate.

A.4 Continuum of Care (CoC) Service Providers: A network of Community Based Organizations partnered with the SBC CoC to provide services to homeless individuals and families.

A.5 Coordinated Entry System (CES): The CES is a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.”
A.7 Emergency Aid: Any urgent and immediate services, which include housing that will be provided to homeless individuals. Broad categories of uses include, but are not limited to, shelters, shelter beds, public toilets, shower facilities, tiny-shed homes, etc.

A.8 Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of any inability to pay.

A.9. General Service Area: The geographically defined area where a service entity provides outreach and direct services to homeless people.

A.10 Homeless: The same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019:
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 90 of 158 Revised 9/6/24 Page 4 of 49
shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or (iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;
(2) An individual or family who will imminently lose their primary nighttime residence, provided that:
(i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing; (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.

A.11 Homeless Management Information System (HMIS): A web-enabled database used by homeless service providers to capture information about the San Bernardino County persons they serve. The database tracks services provided to homeless individuals and families by the collaborative agencies. Services tracked include: emergency, transitional, and permanent housing bed usage, employment, veteran’s status, as well as referrals to health and human service providers, or other relevant supportive service agencies. As required by the U.S. Department of Housing and Urban Development, the Continuum of Care utilizes the captured information to make informed decisions in planning, homeless advocacy, and policy development that result in target services. HMIS also includes that use of a comparable database by a victim services provider or legal services provider that is permitted under Part 576 of Title 24 of the Code of Federal Regulations.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 91 of 158 Revised 9/6/24 Page 5 of 49
A.12 Homeless Youth: An unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinneyVento Homeless Assistance Act [42 U.S.C. Sec. 11434a(2)]; includes unaccompanied youth who are pregnant or parenting.

A.13 Housing First: An approach to quickly and successfully connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry, such as sobriety, treatment or service participation requirements. Supportive services are offered to maximize housing stability and prevent returns to homelessness as opposed to addressing predetermined treatment goals prior to permanent housing entry.

A.14 Housing Search and Placement: Services to assist clients to locate, secure, and navigate the rental market. Housing Search and Placement activities may include, but are not limited to, unit identification, unit inspection, determining rent reasonableness, contracts, advocating for households, land/lord/ tenant mediation, and any other housing requirements.

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

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

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

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

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

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

A.21 Program: The Homeless Housing, Assistance and Prevention Round 4 (HHAP-4) Program, established pursuant to Chapter 5 of Part 1 of Division 31 of the Health and Safety Code, and HHAP-4 are used interchangeably throughout this document.

A.22 Rapid Re-Housing (RRH): An intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Using the Housing First model, move families and individuals into permanent affordable housing as quickly as possible with minimal barriers, assist MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 92 of 158 Revised 9/6/24 Page 6 of 49
with move-in costs such as security and utility deposits and short-medium term declining rental subsidies, and provide intensive social services while families or individual’s stability and equip them with skills and resources they need to sustain and thrive in housing and avoid future homelessness.

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

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

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

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

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

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

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

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

B.1.3 Contractor shall be responsible to accomplish the levels of performance as set forth in EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY for the services outlined in EXHIBIT 2 – FISCAL PROVISIONS and report such measures quarterly to the County with each monthly expenditure report as directed in EXHIBIT 3 – SCOPE OF WORK. The County will review Contractor performance to assess expenditure and performance progress. If Contractor is not meeting expenditure and performance measures, the County will work with Contractor to identify strategies and remediate performance issues.

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

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B.2 Scope of Work
The project description for services to be provided by Contractor under this Contract are identified in EXHIBIT 3 – SCOPE OF WORK.

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

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

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

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

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

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

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

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

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

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

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

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

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

C.12 County Representative
The Chief of Homeless Services or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

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

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C. 14 Debarment and Suspension
Contractor certifies that neither it nor its principals or Subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

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

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

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

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

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, OHSs, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

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

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 96 of 158 Revised 9/6/24 Page 10 of 49
Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

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

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

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

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

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

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

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

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C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section D –Term of Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 Reserved
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, Subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 98 of 158 Revised 9/6/24 Page 12 of 49
Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy. The CONTRACTOR shall retain all documentation related to the services provided and all financial records associated with this Agreement for a period of five (5) years following the termination of this contract.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any Subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the Subcontractor’s qualifications and a listing of a Subcontractor’s key personnel including, if requested by the County, resumes of proposed Subcontractor personnel. Contractor shall remain directly responsible to County for its Subcontractors and shall indemnify County for the actions or omissions of its Subcontractors under the terms and conditions specified in Section G – INDEMNIFICATION AND INSURANCE REQUIREMENTS. All approved Subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any Subcontractor, Contractor shall:

36.1 Be responsible for Subcontractor compliance with the Contract and the subcontract terms and conditions.

36.2 Ensure that the Subcontractor follows County’s reporting formats and procedures as specified by County.

36.3 Include in the Subcontractor’s subcontract substantially similar terms as are provided in Sections B - CONTRACTOR RESPONSIBILITIES and C - GENERAL CONTRACT REQUIREMENTS.

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

C. 37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 99 of 158 Revised 9/6/24 Page 13 of 49
such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County reserves the right to terminate the Contract, for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to 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.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or Subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

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

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 100 of 158 Revised 9/6/24 Page 14 of 49
group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

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

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

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

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

C.44 Reserved
C.45 Reserved
C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

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

C.47 Reserved
C.48 Reserved
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C.49 Executive Order N-6-22 Russia Sanctions
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/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). 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 30 calendar days to provide a written response. Termination shall be at the sole discretion of the County.

C.50 Reserved
C.51 Reserved
D. TERM OF CONTRACT
This Contract is effective as of February 25, 2025, and expires June 30, 2027 but may be terminated earlier in accordance with provisions of this Contract.

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

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

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

F. FISCAL PROVISIONS
County shall pay Contractor for services performed, products provided, or expenses incurred in accordance with EXHIBIT 2 - FISCAL PROVISIONS. County is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or product. Unless otherwise specifically stated in EXHIBIT 2 - FISCAL PROVISIONS, County shall not be responsible for payment of any of Contractor’s expenses related to this Contract. One hundred percent (100%) of HHAP funds allocated to Contractor, pursuant to this Contract, shall be expended by May 14, 2027 (“Expenditure Deadline”).

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

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

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, Contractors and Subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

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

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

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

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

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

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

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

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

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

G.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.

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

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

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

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

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

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

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

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

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

G.11.5 Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits or
Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits
or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other 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 state of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion.

G.11.6 Reserved
G.11.7 Cyber Liability 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 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.

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

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

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of five years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

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

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

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

San Bernardino County
Office of Homeless Services
560 E. Hospitality Ln. Ste. 200
San Bernardino, CA 92415-0044
City of Montclair
5111 Benito Street
Montclair, CA 91763
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 106 of 158 Revised 9/6/24 Page 20 of 49
relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

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

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

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

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Marcus Dillard, Chief of Homeless Services 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 Edward Starr
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

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

Deputy
Address 5111 Benito Street
Montclair, CA 91763
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EXHIBIT 1
HHAP-4 AWARD BY CATEGORY
Project Component Type Service
Funding Costs for Outreach and Rental Assistance
Population Focus
Individuals who are homeless or at risk of homelessness, priority for City of Montclair residents, will serve individuals from the West Valley region of San Bernardino County
Eligible Use
Category Description of Services Cost Award / Allocation Service Unit Number
Expected to
be Served
Rapid
Rehousing
Rental Assistance $60,000.03 $60,000.03 Households 7
Operating
Subsidies $ $
Street
Outreach
Conducting street
outreach in Montclair $93,929.00 $93,929.00 Individuals 30 Services
Coordination $ $
Households and
Persons
Systems
Support $ $
Households
and/or Persons
Delivery of
Permanent
Housing
$ $
Households
and/or Persons
Prevention
and Shelter
Diversion
$ $
Households
and/or Persons
Interim
Sheltering $ $
Households
and/or Persons
Improvements
to existing
shelters
$ $
Households
and/or Persons
Homeless
Youth
(Countywide)
$ $
Households
and/or Persons
Total Award $153,929.03
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EXHIBIT 2

FISCAL PROVISIONS
A. Method, Time, and Conditions of Payment
a. CONTRACTOR shall be reimbursed by COUNTY, for an amount not to exceed $153,929.03. Said funds shall be spent according to the Budget shown below.

Agency: City of Montclair
Budget
February 25, 2025 through June 30, 2027
Eligible Use Category Award/Allocation Service Unit
(Households)
Average Cost
per client
Rapid Rehousing: Case Management, Rental
Assistance and Deposit Assistance $60,000.01 7 Households $8,571.43 Total Award $60,000.01
Eligible Use Category Award/Allocation Service Unit
(Individuals)
Average Cost
per client
Street Outreach: Case Management,
Hotel/Motel Assistance $93,929.02 24 $3,913.71 per client Total Award $93,929.02 24 Individuals
Grand Total $ 153,929.03 31
Note: The table above may be changed (without changing the Total amount) with written approval from OHS. b. CONTRACTOR’s expenses will only be utilized for eligible costs. CONTRACTOR shall submit Expenditure Reports (see EXHIBIT 7 – EXPENDITURE REPORT) of eligible costs on a monthly basis no later than thirty (30) days after the end of each month in which the costs were incurred. Each claiming period shall consist of a calendar month.
c. With each Expense Report of eligible costs, CONTRACTOR shall submit:

1. All general and approved activity specific items identified in the Expenditure Report Checklist of the Comprehensive HHAP-4 (see EXHIBIT 8 – HHAP-4 EXPENDITURE REPORT CHECKLIST).

2. If the required supporting documentation is not provided, COUNTY may delay advancements until the documentation is received by COUNTY. COUNTY reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract.

3. The following items shall be submitted for Case Management and Service Coordination:
i. Cost allocation reports covering the month claimed for the HHAP-4 program.

4. The following must be submitted for employee wages and fringe benefits claimed:
i. Employee Time and Activity Logs for each employee that includes date work was performed, description of work, notes, eligible activity, hours worked for the day, total number of hours worked related to project worked and signed by employee and supervisor. ii. Time sheet that details all hours worked, including holiday, vacation, sick and any other time charged to contract.

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iii. Proof of direct deposit which includes employee’s full name, hourly rate, taxes, benefits, total amount that was deposited into the employee’s account.
iv. Payroll Registers for the pay periods included in the claim. v. Proof of payment for all fringe benefits premiums claimed for reimbursement.

5. At least once per fiscal year provide:
i. Worker’s Compensation Insurance rates for each class of employee charged to the program. ii. Fringe benefits premium rates with a breakdown of the employee and employer’s contributions. Contractor will not be compensated for the employee’s contribution to fringe benefits premiums (if applicable).
iii. Rate of employer’s contribution to employee retirement accounts (if applicable).

6. For all non-payroll related expenses submit copies of receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.

7. The following items shall be submitted for Rapid Rehousing and Rental Assistance:
i. Submit copies of leases, rental assistance agreements, receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.

8. Travel expenses must be kept in a mileage log and have maps associated with each of the trips.

The log should maintain a start and end vehicle mileage with the total number of miles traveled and for what purpose. All travel claimed must be associated with the HHAP-4 program. d. All complete reports submitted in a timely manner shall be processed within thirty (30) calendar days.
e. All HHAP-4 funds shall be expended by the termination date of this Contract. f. Expenditure Deadlines:

Percentage of HHAP Award
That Must be Expended Milestone Deadlines
20% 120 Days after Execution of Contract
50% 364 Days after Execution of Contract
75% 310 Days Prior to the Expenditure Deadline
g. CONTRACTOR must expend:

1. No less than fifty percent (50%) of HHAP-4 funds by December 31, 2025.

2. One hundred percent (100%) of HHAP-4 funds by May 14, 2027.

3. “Expend” means all HHAP-4 funds obligated under this Contract or subcontracts have been fully paid and receipted, and no invoices remain outstanding.

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Reports submitted by the CONTRACTOR will be used to ensure that CONTRACTOR is on track to expend fifty percent (50%) of HHAP-4 funds by December 31, 2025, and one hundred percent (100%) of HHAP-4 funds by May 14, 2027. CONTRACTOR may submit a request to OHS prior to December 31, 2025, if CONTRACTOR is not on track to expend 50% of the HHAP-4 funds by December 31, 2025, proposing an alternative expenditure rate to meet the May 14, 2027, 100% expenditure deadline with justification. The Chief of Homeless Services may approve, modify, or deny such request.

If, by August 24, 2026, CONTRACTOR has not submitted reports showing an expenditure of at least seventy five percent (75%) of the HHAP-4 funds, the remaining twenty percent (25%) will be returned and reallocated.
h. HHAP-4 funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that CONTRACTOR has placed orders, entered into sub-contracts, received services, or entered into similar transactions that require payment from the Contract award. i. All proceeds from any interest-bearing account established by the CONTRACTOR for the deposit of HHAP-4 funds must be used for HHAP-4 eligible activities. Documentation of all expenditures and accrued interest shall be reported on the forms provided by OHS (see EXHIBIT 7 – Expenditure Report). j. Any housing-related activities funded with HHAP-4 funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
k. CONTRACTOR confirms that rental assistance will be issued directly to a property owner, or an agent authorized to act on behalf of a property owner.
l. For all programs and services for which there are sources of funds in addition to COUNTY funds as provided under this Contract, CONTRACTOR shall provide proof of such funding. CONTRACTOR must be able to account for the receipt, obligation and expenditure of funds.

1. The COUNTY shall NOT pay for any services provided by CONTRACTOR which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. m. The COUNTY reserves the right to reduce the Contract award when the COUNTY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with eligible costs as defined in Health and Safety Code Section 50214. Changes in the Contract award will be done after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendment(s). n. 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.
o. COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on CONTRACTOR or on any taxes levied on employee wages. The County shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or parts supplied to the COUNTY pursuant to the Contract.
p. 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. Disbursements to Contractor are Net 30.

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

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

A.1 Documentation of Costs and Other Financial Reporting a. CONTRACTOR will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures.

Costs shall be supported by properly executed payrolls, time records, invoices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges. b. The CONTRACTOR shall retain all documentation related to the services provided and all financial records associated with this Agreement for a period of five (5) years following the termination of this contract. Such records shall be made available for inspection upon reasonable request by the COUNTY during this retention period.
c. All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the COUNTY shall have the right to audit the records of the CONTRACTOR as they relate to the Contract and the activities and services described herein.

CONTRACTOR shall also:

1. Maintain an effective system of internal fiscal control and accountability for all HHAP-4 funds and property acquired or improved with HHAP-4 funds, and make sure the same are used solely for authorized purposes.

2. Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the CONTRACTOR’s accounting records.

3. Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years after the termination of this Contract.

4. Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the County at any time during normal business hours and as often as necessary.

5. Inform the COUNTY concerning any funds allocated to CONTRACTOR, that the CONTRACTOR anticipates will not be expended during the term of this Contract.

6. Repay the COUNTY any funds in its possession at the time of the termination of this Contract that may be due to the COUNTY (e.g., ineligible costs, unexpended funds, etc.).

A.2 Funding
a. This Contract is valid and enforceable only if sufficient funds are made available to COUNTY by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 113 of 158 Revised 9/6/24 Page 27 of 49
department, or any political subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner. b. CONTRACTOR must establish and maintain effective internal controls over all funding awarded to CONTRACTOR by the COUNTY to provide reasonable assurance that CONTRACTOR complies with Federal, State, and COUNTY statutes, regulations, and terms and conditions of the Contract. c. COUNTY may base funding for CONTRACTOR upon positive performance outcomes, which OHS will monitor throughout the year.
d. CONTRACTOR must be able to demonstrate that HHAP-4 funds were expended for eligible uses to benefit members of the Target Population.
e. Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR’s program budget (see EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY). Contract funds shall not be used as security or to guarantee payments for any non-program obligations nor as loans for non-program activities.
f. CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities.

A.3 Ineligible Costs
a. HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of HHAP-4 and the eligible uses identified in California Health and Safety Code Sections 50218 and 50219.
b. The COUNTY or the State reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If CONTRACTOR or its Subcontractors use HHAP-4 funds to pay for ineligible activities, Contractor shall be required to reimburse these funds to the COUNTY within thirty (30) days of the request.

1. An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the COUNTY by CONTRACTOR.

2. The State, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HHAP-4 funds.

3. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP-4 funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of CONTRACTOR and services or housing capacity will be lost as a result of these funds ending, HHAP-4 funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid Program (HEAP) grant].

A.4 Withheld Payments
Payments to CONTRACTOR may be withheld by COUNTY if CONTRACTOR fails to comply with any provision of this Contract.

A.5 Disallowance
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a. If CONTRACTOR receives payment under this Contract which is later disallowed by COUNTY for nonconformance with this Contract, CONTRACTOR shall be required to promptly reimburse these funds to COUNTY and shall be prohibited from submitting to COUNTY reimbursement requests for subsequent HHAP-4 funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount disallowed from any payment due to CONTRACTOR.
b. If it is determined that a CONTRACTOR falsified any certification, RFA information, financial, or contract report, CONTRACTOR shall be required to reimburse the full amount of HHAP-4 award to COUNTY, and may CONTRACTOR be prohibited from any further participation in HHAP-4. COUNTY may impose any other actions permitted under 24 CFR 576.501 (c).

A.6 Fiscal Accountability
a. CONTRACTOR agrees to manage funds received through COUNTY in accordance with sound accounting policies; incur and claim only eligible costs for reimbursement; and adhere to accounting standards established in 2 CFR Part 200.
b. CONTRACTOR must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, CONTRACTOR must develop an accounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.

A.7 Financial Management
a. Review, understanding, and certification that quarterly expenditure reports submitted to the COUNTY meet eligible expenses under HHAP-4 and State requirements. The COUNTY shall have no obligation to advance or pay CONTRACTOR with any funds other than HHAP-4 funds (with the exception of CONTRACTOR receiving a HHAP-5 AWARD) the COUNTY receives from the State. b. CONTRACTOR attests that by submitting a monthly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for HHAP-4 funding. CONTRACTOR shall be required to repay COUNTY for non-eligible expenditures that may inadvertently be processed by the COUNTY. c. Subsequent disbursements after the first disbursement, are dependent upon CONTRACTOR properly documenting the expenses/expenditure reports to cover the previous disbursement.

A.8 Budget Changes
a. CONTRACTOR agrees that no changes shall be made to CONTRACTOR’s HHAP-4 budget without first obtaining prior approval. No more than the amounts specified in EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget summary. Any changes to this Contract must be requested by CONTRACTOR in writing through OHS. Changes must be approved by the COUNTY and/or the State.

A.9 Budget Amendments
a. CONTRACTOR shall make no changes to the budget without first obtaining written approval from the COUNTY. Any budget amendments must be requested by the CONTRACTOR in writing within 180 days of the contract expiration.

A.10 Equipment and Other Property
a. All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with HHAP-4 funds received under the terms of this Contract which has a life expectancy of one (1) year or more shall be the property of the COUNTY and shall be subject to the provisions of MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 115 of 158 Revised 9/6/24 Page 29 of 49
this paragraph. The disposition of equipment or property of any kind shall be determined by the COUNTY when the Contract is terminated. Additional terms are as follows:

1. The purchase of any furniture or equipment which was not included in CONTRACTOR’s approved budget, shall require the prior written approval of the COUNTY, and shall fulfill the provisions of this Contract which are appropriate and directly related to CONTRACTOR’s services or activities under the terms of the Contract. The COUNTY may refuse approval for any cost resulting from such items purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from the COUNTY.

2. Before equipment purchases made by CONTRACTOR are approved by the COUNTY, CONTRACTOR must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract.

3. CONTRACTOR shall submit an inventory of equipment purchased under the terms of this Contract as part of the expenditures report for the month in which the equipment is purchased. CONTRACTOR must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the property, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a control system in place to prevent loss, damage, or theft. Equipment with cost exceeding COUNTY’s capitalization threshold of $5,000 must be depreciated.

4. No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with HHAP-4 funds.

5. Upon termination of this Contract, CONTRACTOR will provide a final inventory to the COUNTY and shall at that time query the COUNTY as to requirements, including the manner and method in returning equipment to the COUNTY. Final disposition of such equipment shall be in accordance with instructions from the COUNTY.

A.11 Final Advance
Unless approved by OHS in writing, all final requests for disbursement of authorized HHAP-4 expenditures under this Grant must be submitted to OHS no later than January 1, 2027.

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EXHIBIT 3

SCOPE OF WORK
A. GENERAL REQUIREMENTS
CONTRACTOR shall carry out the following responsibilities between February 25, 2025 to June 30, 2027:
a. Identify Contracted Street Outreach Team and/or Case Managers (Spring 2025-Summer 2026). The City of Montclair currently uses a subcontractor for case management services. In accordance with its procurement procedures, the City of Montclair may go out to bid for case management services for any new contract effort. The City of Montclair understands and agrees that all subcontracts must comply with County requirements and must be approved by the Office of Homeless Services before services are subcontracted.
b. Street Outreach (Summer 2025 – June 27, 2027): The City of Montclair Outreach Team will supervise contracted street outreach providers to offer ongoing support including additional connections to wraparound support services to ensure that 24 clients are assisted with finding housing while addressing disparities and socioeconomic barriers that may impede long-term housing stability. This will be completed by June 30, 2027.
c. Case Management (Summer 2025 – June 27, 2027): The City of Montclair Outreach Team will supervise contracted case managers to offer ongoing support including additional connections to wraparound support services to ensure that 7 households that are at risk of homelessness are assisted with finding housing while addressing disparities and socioeconomic barriers that may impede long-term housing stability.
d. Homeless management Information System (HMIS): The City will input client data and data on housing and services throughout the duration of the grant. All engaged individuals, families, and persons at risk of homelessness will be entered into HMIS by June 30, 2027. e. Outcome Tracking (Spring 2025 – June 30, 2027): The City will track its outcome progress, including collecting data on program participation, service utilization, and other essential metrics. Evaluation findings will allow the city to make program improvements and refine program strategies and ensure that program staff are equipped to meet the needs of program participants. f. Expense Tracking (Spring 2025 – June 30, 2027): The City will track its program activities and expenses to ensure 50% of grant funds are spent by January 1, 2026, and 100% of grant funds spent by June 30, 2027 by evaluating expenses on a monthly basis.

Performance Measurement Requirements
Measurement Outcome
# of households
(Note: Performance Report should include breakdown
of each type e.g. Single Adult, Youth and Families)
7 households
# of people served
(Note: Performance Report should include breakdown
of each type e.g. Single Adult, Youth and Families)
24 of Persons
# of households to achieve housing stability 7 Households # of persons to achieve housing stability 12 Persons
Percentage of persons exiting back into Homelessness No more than 5% MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 117 of 158 Revised 9/6/24 Page 31 of 49
Percentage of eligible/willing persons served to retain or obtain mainstream benefits 50%
Percentage of eligible and willing persons to maintain
or increase income/employment 50%
A.2 Project Detail
Project Component Type Services
Funding Costs Outreach and Rapid Rehousing Rental Assistance Population Focus
Individuals who are homeless or at risk of homelessness, priority for City of Montclair residents, will serve individuals from the West Valley region of San Bernardino County
A.3 Presentation of Services
CONTRACTOR shall:
a. Provide effective administrative management of the budget, staffing, recording, and reporting portion of the Contract with the COUNTY. If administrative responsibilities are delegated to Subcontractors, the CONTRACTOR must ensure that any Subcontractor(s) possess the qualifications and capacity to perform all delegated responsibilities. Responsibilities include but are not limited to the following:

1. Designate the responsible position(s) in your organization for managing the funds allocated to this program.

2. Maximize the use of the allocated funds.

3. Ensure timely and accurate reporting.

4. Maintain appropriate staffing levels.

5. Ensure staff possess the qualification and capacity to perform responsibilities tied to the staff’s position.

6. Effectively communicate and monitor the program for its success.

7. Maintain communication between the CONTRACTOR and OHS.

8. Act quickly to identify and solve problems.
b. Ensure that all program sites are well maintained.
c. Provide one (1) or more staff will work with the participants to apply for available housing units. The staff should work closely with any Housing Navigators working and collaborate with existing systems to ensure maximum utilization of services and reduce duplicative efforts. This includes, but is not limited to, assistance with all issues related to securing housing such as developing housing leads, identifying landlords willing to work with the population, creating suitable housing plans from available stock, working with landlords to develop positive relationships, assisting participants to be document ready for housing interviews, and assisting with transportation for housing search purposes. Staff will meet with property managers, coach residents to be successful when meeting with potential property managers and prepare them for moving into a unit. Staff may also work to develop shared housing options for residents. Staff will work in collaboration with the participant’s case manager to ensure MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 118 of 158 Revised 9/6/24 Page 32 of 49
both parties are aware of one another’s efforts and progress. Caseloads should be limited to fifteen (15) participants at any given time.
d. Provide one (1) or more staff will assist the participants with linkage to supportive services if participants are not connected to supportive services in order to receive needed services. Staff will also assist with all housing search activities as described above. e. CONTRACTOR shall, at a minimum, provide the following staffing pattern expressed in Full-Time Equivalents (FTEs) continuously throughout the term of the Contract. One (1) FTE shall be equal to an average of forty (40) hours work per week.

PROGRAM FTEs
Outreach Program Manager 0.50
Case Manager/Service Coordinator 0.50
TOTAL FTEs 1
f. CONTRACTOR shall maintain personnel files for each staff member, which will include, but not be limited to, an application for employment, qualifications for the position, documentation of bicultural/bilingual capabilities (if applicable), pay rate and evaluations justifying pay increases.

B. PROGRAM REQUIREMENTS
Contractor shall adhere to the following:

B.1 Coordinated Entry System (CES)
a. The CES is a referral process that currently coordinates with the SBC CoC. All those participating with CES will need to apply to participate with the Homeless Management Information System (HMIS).
b. CONTRACTOR must notify the CES within 10 days of award of the HHAP-4 funding by utilizing the online 211 Registration form located at: 211 Registration Form (wufoo.com) c. CONTRACTOR must work in collaboration with CES and SBC CoC to ensure the screening, assessment, and referral of HHAP-4 participants are consistent with the eligible uses under HHAP-4.
d. CONTRACTOR agrees to receive referrals from CES prior to providing services with the exception of individuals receiving emergency assistance. In such cases, immediate services can be provided, but individuals and/or families must be referred by Contractor to CES for assessment and prioritization within seventy-two (72) hours. CONTRACTOR understands that individuals and/or families may not be referred to CONTRACTOR and may be referred to another service provider based upon the CES assessment.

B.2 Data Reporting
a. CONTRACTOR will submit to OHS detailed reports containing information listed in EXHIBIT 3 – SCOPE OF WORK, Section C.
b. A report will be due forty-five (45) days after the date of expiration of this Contract or upon completion of Contract services. Reports should be submitted via File Transfer Program (FTP). c. CONTRACTOR shall submit additional reports as required by the State or COUNTY.

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B.3 Monitoring
a. The COUNTY has the right to monitor the Contract during the Contract period to ensure accuracy of expenditure reports and compliance with applicable laws and regulations. b. CONTRACTOR agrees to furnish duly authorized representatives from the COUNTY and the State access to all financial records necessary to review or audit Contract services and to evaluate the cost, quality, and appropriateness of services.
c. If the State or the COUNTY determines that all, or any part of, the payments made by the COUNTY to CONTRACTOR pursuant hereto are not eligible expenses in accordance with this Contract, said funds will be repaid by CONTRACTORto the COUNTY. In the event such payment is not made on demand, the COUNTY may withhold future disbursements to CONTRACTOR until such disallowances are paid by CONTRACTOR. If disallowable expenses are not reimbursed within thirty (30) days of demand, the Contract will terminate without consultation at the COUNTY’s sole and absolute discretion.
d. If there is a conflict between a State audit of this Contract and a COUNTY audit of this Contract, the State audit shall take precedence.

B.4 Closeout
a. CONTRACTOR shall submit a closeout report including a narrative of the project outcomes, an inventory of all equipment and property acquired or improved by HHAP-4 funds, and a final financial report, upon termination or completion of the services specified in this Contract. b. CONTRACTOR agrees to adhere to and comply with all the closeout procedures detailed below; including, but not limited to the following:

1. Disposition of program assets shall be determined by the COUNTY when the Contract is terminated.

2. CONTRACTOR shall submit within forty-five (45) days after the date of expiration of this Contract, all financial, performance, and other reports required by this Contract; and in addition, will cooperate in a program audit by the COUNTY.

3. Any unobligated/unexpended funds disbursed in advance to CONTRACTOR shall be returned to the COUNTY within thirty (30) days after the expiration of the Contract term, or in accordance with Section B.3.5.h, whichever occurs first. This obligation shall survive the termination of the Contract.

4. CONTRACTOR must account for any real and personal property acquired with HHAP-4 funds.

5. Closeout will remain pending until all requirements are met and all outstanding issues with the CONTRACTOR have been resolved to the satisfaction of the COUNTY.

B.5 Homeless Management Information System
The HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the COUNTY. CONTRACTOR must ensure that data on all persons served are entered into the countywide HMIS. HMIS is managed and operated by OHS. HMIS technical and data standards are set forth in the Final 2024 HMIS Data Standards, on file with OHS.

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a. CONTRACTOR shall enter into a Memorandum of Understanding (MOU) with the HMIS Lead Agency where the CONTRACTOR agrees to share HMIS data with other HHAP-4 funded agencies, unless prohibited by law.
b. CONTRACTOR is required to work with OHS staff to ensure the timely and accurate set-up of their HMIS program profile and to ensure the HMIS program profile is setup in a manner that accurately captures the data pertinent to CONTRACTOR’s program. CONTRACTOR’s program profile must be setup prior to CONTRACTOR submitting their first HHAP-4 Disbursement Request form (see EXHIBIT 9 – HHAP-4 DISBURSEMENT REQUEST).
c. CONTRACTOR shall submit a copy of HMIS reports (see EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE) with the quarterly expenditure reports. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the CONTRACTOR is using a comparable database shall be delivered to the COUNTY. The contact information for the "HMIS Lead Agency" is:

Christopher Salazar, HMIS Lead
San Bernardino County
Office of Homeless Services
560 E. Hospitality Ln., Ste. 200
San Bernardino CA 92415-0044
[email protected]
Phone: 909-501-0610
d. CONTRACTOR must ensure all required data elements, as listed below, are entered into the HMIS system for HHAP-4 participants, in a timely manner, and is inputted no later than two (2) working days after program entry. Services rendered to clients must be entered into HMIS no later than two (2) working days from date of service(s). All clients who exit the program must have an updated status in HMIS within two (2) working days from actual exit date. Failure to meet the above data inputting requirements will constitute a violation of the terms and conditions of this Contract. CONTRACTOR will be notified by OHS, and if not rectified, the Contract may be terminated at the COUNTY’s sole and absolute discretion. e. In addition to the timely entry of HMIS data, CONTRACTOR is required to enter accurate and complete data. The COUNTY will ensure CONTRACTOR adheres to Data Quality Standards, as established by HUD, and data entry requirements, as set forth in the HMIS MOU and the OHS Policy Handbook. The Data Quality Standards assess the data quality and completeness of the following Data Elements entered:

1. Client Demographic Data
i. Name
ii. Social Security Number
iii. Date of Birth
iv. Race
v. Ethnicity
vi. Gender
vii. Veteran Status

2. Universal Data
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i. Disabling Condition
ii. Project Start Date
iii. Project Exit Date
iv. Destination
v. Relationship to Head of Household
vi. Client Location
vii. Housing Move-in Date
viii. Living Situation

3. Common Program Specific Data Elements
i. Income and Sources
ii. Non-Cash Benefits
iii. Health Insurance
iv. Disability Elements
v. Physical Disability
vi. Developmental Disability
vii. Chronic Health Condition
viii. HIV/AIDS
ix. Mental Health Problem
x. Substance Abuse
xi. Domestic Violence
xii. Contact
xiii. Date of Engagement
xiv. Bed-Night Date
xv. Housing Assessment Disposition

4. Data Timeliness
i. Entry Timeliness
ii. Exit Timeliness
f. According to Data Quality Standards, CONTRACTOR is required to have a five-percent (5%) or less error rate to ensure data accuracy and less than a five-day lapse in timeliness for entry of MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 122 of 158 Revised 9/6/24 Page 36 of 49
data at time of client entry, services are rendered, and client exit. Any performance benchmarks not meeting these standards will be captured on CONTRACTOR’s HMIS Data Quality Report Sample (see EXHIBIT 5 – HMIS DATA QUALITY REPORT). The report will be generated by CONTRACTOR and submitted quarterly with expenditure reports. OHS will review reports and data deficiencies, if any, will be identified and discussed with CONTRACTOR to determine methods to remediate and/or improve data quality scores. g. If CONTRACTOR continues to not meet data entry and data quality benchmarks, as established by HUD and set forth in the HMIS MOU and the OHS Policy Handbook, COUNTY may terminate Contract as set forth in Section I - CORRECTION OF PERFORMANCE DEFICIENCIES. h. CONTRACTOR agrees to provide the COUNTY and/or the State access to HMIS data collected and entered into HMIS, upon request, and to participate in any statewide data initiative as directed by the State including, but not limited to, a statewide data integration environment.

B.6 Housing First
The methodology of providing services will follow the Housing First policy. This is an approach that offers permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to avoid returning to homelessness. HHAP-4 projects must align and comply with the core components of Housing First as defined in California Welfare and Institutions Code Section 8255(b) (see Exhibit 6 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255).

B.7 Program Participant Eligibility
CONTRACTOR shall ensure that:
a. HHAP-4 participants meet the Homeless definition as defined in Section 578.3 of Title 24 of the Code of Federal Regulations:

1. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
i. An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
ii. An individual or family living in a supervised publicly or privately-operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by Federal, State and local government programs for low-income individuals); or iii. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

2. An individual or family who will imminently lose their primary nighttime residence, provided that:
i. The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
ii. No subsequent residence has been identified; and
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iii. The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;

3. Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
i. Are defined as homeless under Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), Section 637 of the Head Start Act (42 U.S.C. 9832), Section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), Section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
ii. Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
iii. Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and iv. Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or

4. Any individual or family who:
i. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; ii. Has no other residence; and
iii. Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.
b. HHAP-4 participants are referred by CES to CONTRACTOR. c. CONTRACTOR coordinates program enrollment and services in collaboration with CES.

B.8 Job Training and Employment
CONTRACTOR agrees to refer HHAP-4 clients that are eligible for job training and employment services to the County of San Bernardino Workforce Development Department (WDD). Number of participants who have been referred to WDD will be reported on a quarterly basis by CONTRACTOR.

B.9 Staffing Requirements
CONTRACTOR shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First model (e.g. Case managers, Clinicians, medical staff, peer MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 124 of 158 Revised 9/6/24 Page 38 of 49
advocates, employment specialists, and eligibility specialists). CONTRACTOR must have the readiness capacity to immediately perform and administer homeless efforts through HHAP-4 funding.

B.10 Non-Discrimination Requirements
CONTRACTOR and its subcontractors shall not deny the HHAP-4 contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONTRACTOR shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. CONTRACTOR and Subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article

9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

CONTRACTOR shall permit access by representatives of the Civil Rights Department and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. CONTRACTOR and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
C. HHAP-4 REPORTING REQUIREMENTS
C.1 Detailed reports
a. CONTRACTOR shall submit reports containing, at minimum, the following information:

1. Amount awarded to CONTRACTOR with activity(ies) identified.

2. Contract expenditures.

3. Unduplicated number of homeless persons and households served by HHAP-4 funds.

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

5. Number of instances of service.

6. Increases in capacity for new and existing programs.

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

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

9. Number of homeless persons and households successfully exited from HHAP-4 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-4.

10. Number of persons and households at imminent risk of homelessness successfully exited from HHAP-4 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-4.

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C.2 Reporting Breakdown by Activity
a. CONTRACTOR will provide reports with a breakdown for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid rehousing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development (HUD):

1. Chronically homeless

2. Homeless veterans

3. Unaccompanied homeless youth

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

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EXHIBIT 4

HMIS CLIENT DATA REPORT SAMPLE
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EXHIBIT 5

HMIS DATA QUALITY REPORT SAMPLE
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EXHIBIT 6
CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255
State of California

WELFARE AND INSTITUTIONS CODE
Section 8255
8255.

For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-comefirst-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.

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(c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment.
(B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options.

Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter.
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EXHIBIT 7

EXPENDITURE REPORT
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EXHIBIT 8

EXPENDITURE REPORT CHECKLIST
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EXHIBIT 9

DISBURSEMENT REQUEST
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CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 18, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: GRT100
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–12 WITH OMNITRANS TO ACCEPT AND DESIGNATE MONTCLAIR SUBRECIPIENT OF A FY 2024 COMMUNITY PROJECT FUND GRANT IN THE AMOUNT OF $1,000,000 FROM THE U.S. DEPARTMENT OF

TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR THE MONTCLAIR

TRANSCENTER FACILITIES ENHANCEMENT PROJECT
CONSIDER AUTHORIZING A $200,000 APPROPRIATION FROM THE ECONOMIC

DEVELOPMENT AGENCY ASSET FUND TO SERVE AS A LOCAL MATCH CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 25–12 AND RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–12 with Omnitrans for participation in the U.S. Department of Transportation Federal Transit Administration Fiscal Year 2024 Community Project Grant in the amount of $1,000,000, and to authorize a $200,000 appropriation from the Economic Development Agency Asset Fund to serve as a local match. Grant Funds can be used for a wide range of purposes including infrastructure improvements (roads, bridges, and public transit), community facilities (libraries, parks, and community centers), economic development initiatives, public safety projects, and research and development.

A copy of proposed Agreement No. 25–12 with Omnitrans is attached for City Council review and consideration.

BACKGROUND: Community Project Funds and Congressionally Directed Spending Funds, often referred to as earmarks, are funds allocated by the U.S. Congress for specific projects at the request of individual members of Congress. These funds differ from traditional federal grants, which are awarded through a competitive selection process administered by federal agencies. Earmarks are allocated by Congressional Representatives for projects located within their respective districts or states.

The process of obtaining Community Project Funds and Congressionally Directed Spending Funds begins with local governments, non–profits, or other eligible entities identifying a project and seeking the support from their representatives in Congress.

The projects must generally align with broader federal goals and objectives.

The Congressional Representative then submits a formal request to the relevant appropriations committee in either the House or Senate, providing details about the project and justifying its need. These requests are evaluated by the Appropriations Committees and, if approved, are included in the Annual Appropriations Bill that approved by Congress.

Once the Appropriations Bill is signed into law, the designated funds are allocated for the project. The recipient entity then works with the relevant federal agency to manage the project and ensure that the funds are used as intended.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 137 of 158 Fiscal Year 2024 Community Project Funding Request.

For Fiscal Year 2024, City staff submitted the following three projects to Congresswoman Norma Torres’s Office for Community Project Funds.

Project Funds Requested
San Antonio Creek Channel Trail $3,000,000
Affordable Housing Program $3,375,000
Montclair Transcenter $2,250,000
The three above–mentioned projects consisted of funding requests for construction of segments of the San Antonio Creek Channel Trail, acquisition of additional homes and rehabilitation of existing homes as part of the City of Montclair’s Affordable Housing Program, and facility upgrades and improvements to the Montclair Transcenter.

For Fiscal Year 2024, Congresswoman Torres secured $1,000,000 in funding for the City of Montclair for the Montclair Transcenter.

Proposed Agreement No. 25–12
Proposed Agreement No. 25–12 is a subaward funding agreement with Omnitrans for the Fiscal Year 2024 Community Project Fund Grant.

Omnitrans is the primary recipient of funding under the U.S. Department of Transportation Federal Transit Administration and the responsible entity for the disbursement of federal project funding in the area.

The more salient terms of Proposed Agreement No. 25–12 include the following:
 The term of the agreement will be until September 30, 2031.  Omnitrans will oversee the disbursement of funds.
 Omnitrans shall disburse funds to the City of Montclair within 45 days from the date of receipt of the reimbursement request and supporting documentation.

FISCAL IMPACT: Acceptance of the Fiscal Year 2024 Community Project Fund Grant from the U.S. Department of Transportation Federal Transit Administration would result in the City of Montclair receiving $1,000,000 for costs associated with providing facility upgrades and improvements to the Montclair Transcenter. The City of Montclair would use the Economic Development Agency Asset Fund to cover the initial costs associated with the reimbursable grant.

It should be noted that Fiscal Year 2024 Community Project Fund Grant funds are currently frozen as part of the Trump Administration’s efforts to reduce Federal spending. At this time, staff is unable to confirm if or when funds related to Fiscal Year 2024 Community Project Fund Grant will be unfrozen. If the City does not ultimately receive the grant, staff will not move forward with facility upgrades and improvements to the Montclair Transcenter at this time.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 138 of 158 RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 25–12 with Omnitrans to accept and designate Montclair Subrecipient of a FY 2024 Community Project Fund grant in the amount of $1,000,000 from the U.S. Department of Transportation Federal Transit Administration for the Montclair Transcenter Facilities Enhancement Project;

2. Authorize a $200,000 appropriation from the Economic Development Agency Asset Fund to serve as a local match; and

3. Authorize City Manager Edward C. Starr to Sign Agreement No. 25– 12 and related documents.

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BETWEEN

OMNITRANS
and

CITY OF MONTCLAIR
FOR
Transit Infrastructure Grant - Community Project Funding (CPF) Project: Montclair Transcenter Facilities Enhancement Project 2024-CMPJ-014
THIS SUBAWARD FUNDING AGREEMENT (hereafter “Agreement”) is made by and between OMNITRANS (hereafter “OMNITRANS”), a Joint Powers Authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government, Code with offices at 1700 W. Fifth Street, San Bernardino, CA 92411, and the City of Montclair (hereafter “SUBRECIPIENT”), incorporated in April 25, 1956 with offices at 5111 Benito Street, Montclair, CA 91763, OMNITRANS and SUBRECIPIENT are individually referred to herein as “Party” and collectively referred to herein as the “Parties”.

WITNESSETH:

WHEREAS, OMNITRANS, the recipient of Section Code 22 Community Project Funding (CMPJ)/Congressionally Directed Spending Program funds, and the SUBRECIPIENT, pursuant to the provisions of the Consolidated Appropriations Act, 2024 (Public Law 118-42), are authorized to enter into this Agreement pertaining to federal funding committed for Community Project Funding (CPF) Program funding under the jurisdiction of OMNITRANS; and WHEREAS, OMNITRANS is the primary recipient of funding under Federal Transit Administration (hereafter “FTA”) Cooperative Agreement, Project 2024-CMPJ-014, and the responsible entity for the disbursement of federal project funding; and
WHEREAS, SUBRECIPIENT seeks to implement the Montclair Transcenter Facilities Enhancement Project (hereafter “Project”) that will provide upgrades to existing bus facilities at the multimodal transit hub in the City of Montclair; and
WHEREAS, the SUBRECIPIENT will provide the local match from their General Fund; and WHEREAS, as the SUBRECIPIENT receiving Community Project Funding (CPF)/Congressionally Directed Spending (CDS) Program funds, the SUBRECIPIENT desires to undertake its portion of the Project and comply with all provisions of the FTA Cooperative Agreement and applicable federal, state, and local laws and regulations (“Applicable Law”); and Agreement No. 25–12
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 140 of 158 2 WHEREAS, OMNITRANS has been awarded a cooperative agreement using funds available under Section Code 22 Community Project Funding (CMPJ)/Congressionally Directed Spending to the SUBRECIPIENT with the understanding that transportation equipment to be acquired under this Agreement will be used for the purposes of the project detailed below and included in the FTA grant CA-2024-XX.

Description of Project Percentage Federal Funds Ceiling Montclair Transcenter Facilities Enhancement Project 100% $1,000,000 Period of Performance End Date: September 30, 2031
NOW THEREFORE, based on the forgoing recitals and the following promises and covenants the Parties agree:

1. Obligations of OMNITRANS. Pursuant to, and to the extent provided in, this Agreement, OMNITRANS shall take the following actions:
f. Reimburse SUBRECIPIENT for the Project, up to the amounts referenced above in conformity with the following procedure:
b. Reimbursements. OMNITRANS shall reimburse the SUBRECIPIENT for eligible costs of implementing said Project at the participation rate and subject to the funding ceiling delineated above.
c. OMNITRANS shall notify SUBRECIPIENT as to what, if any, additional supporting documentation and background information it requires.
d. OMNITRANS shall: (i) disburse (including through electronic transfer of funds, if so requested and if SUBRECIPIENT provides the necessary information) the amount requested, unless OMNITRANS provides written notice that it cannot disburse such amount without violating the terms of either the FTA Grant Agreements or of Applicable Law; or (ii) notify SUBRECIPIENT through written notice as to why it is unable to disburse some or all of the requested funds without violating the terms of either the FTA Cooperative Agreements or Applicable Law. e. OMNITRANS shall disburse funds to the SUBRECIPIENT within 45 days from the date of receipt of the reimbursement request and supporting documentation. f. To the extent that the FTA advises OMNITRANS that a disbursement would constitute a violation of the terms of either the Cooperative Agreement or Applicable Law, OMNITRANS shall have no obligation to disburse such funds.

Notwithstanding any SUBRECIPIENT certification, OMNITRANS may solicit, at SUBRECIPIENT expense, a legal opinion from competent counsel of its choice if OMNITRANS has a good faith and reasonable question about whether a MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 141 of 158 3 disbursement will result in a violation of the terms of the Cooperative Agreement or of Applicable Law.
g. OMNITRANS shall have no liability to SUBRECIPIENT for any refusal to disburse funds so long as OMNITRANS has documented and provided written notice to SUBRECIPIENT that such disbursement would constitute a violation of the terms of the Cooperative Agreements or Applicable Law.

OMNITRANS shall prepare and submit to the FTA on a timely basis all required periodic reports and milestone updates, so long as it timely receives all necessary information from Subrecipient.

2. Obligations of Subrecipient. Pursuant to, and to the extent provided in, this Agreement, Subrecipient shall take the following actions:
f. Provide OMNITRANS all information that is reasonably needed for OMNITRANS’s performance of its obligations hereunder and pursuant to the Cooperative Agreements.
g. Satisfy SUBRECIPIENT’S Local Funding Match Obligation and submit evidence of the dollar amount and source(s) of the funds, as OMNITRANS may reasonably require. SUBRECIPIENT may utilize its payment of staff salaries, benefits, and expenses in administrative support for the Project to satisfy its In-Kind Local Match Obligation.
h. The SUBRECIPIENT shall submit reimbursement requests to OMNITRANS no more frequently than monthly. All costs to be reimbursed under this Agreement shall be supported by sufficient documentation evidencing that those costs were specifically incurred and paid. All documentation of reimbursable costs shall be clearly identified and readily accessible.
i. Reimbursement requests shall be accompanied by a written certification that such disbursement will not constitute any violation of the terms of the Grant Agreements, or of Applicable Law, and that SUBRECIPIENT will use the disbursement for the purpose indicated in the request.
j. TrAMS Project Reporting. Provide to OMNITRANS all information needed for quarterly project reporting and milestone updates in a timely manner to allow OMNITRANS enough time to prepare and submit to the FTA on a timely basis all required or requested FTA reports and updates. In no event shall such reports be received later than fifteen (15) days prior to the required date of submission to the FTA of such report or update, provided OMNITRANS has provided SUBRECIPIENT with notice of the required date of submission no less than thirty (30) days prior to the required date of submission to the FTA.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 142 of 158 4 k. Ensure that all aspects of the Project and any aspect of SUBRECIPIENT’S participation in this Agreement and the actions contemplated of SUBRECIPIENT by this Agreement will be in compliance with the terms of the Cooperative Agreement and with all Applicable Law.
l. SUBRECIPIENT shall provide a copy of its annual single audit for each fiscal year, in accordance with FTA audit requirements.
m. SUBRECIPIENT shall provide a copy of its Title VI plan, in accordance with FTA audit requirements.
n. The SUBRECIPIENT shall comply with all applicable sections of FTA Circular 5010.1d pertaining to the management of federally funded assets. The SUBRECIPIENT will provide all necessary information to OMNITRANS so that OMNITRANS can coordinate with the FTA related to the requirements in 2 CFR part 200, and any other regulations issued pursuant to the Infrastructure, Investment and Jobs Act, as amended.
o. The SUBRECIPIENT shall maintain all records, including but not limited to accounting records pertaining to all costs incurred under the this Agreement, and shall make such materials available to OMNITRANS, any representative of FTA or the State government or their designees, upon request at any reasonable time during normal business hours, and shall allow interview of any employees who might reasonably have information related to such records, during the term of the Agreement and for three (3) years after termination of this Agreement.

3. Exercise of Rights under the Agreement. The CEO/General Manager of OMNITRANS, or his or her designee, shall exercise the rights of OMNITRANS under this Agreement including, without limitation, accepting the certifications of SUBRECIPIENT required under the terms of this Agreement. The City Manager of Subrecipient, or his or her designee, shall exercise the rights of SUBRECIPIENT under this Agreement; however, any certifications of SUBRECIPIENT required under the terms of this Agreement shall be provided only by the City Manager or such other representative of SUBRECIPIENT as is specified by action of the Subrecipient’s governing body.

4. Insurance. SUBRECIPIENT shall require all contractors or consultants hired to perform work or services on the Project to obtain and require their sub-consultants and subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to OMNITRANS. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. f. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 143 of 158 5 limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(1) Name OMNITRANS, its officials, officers, employees, agents, and consultants as additional insured with respect to performance of the work or services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (2) Be primary with respect to any insurance or self-insurance programs covering OMNITRANS, its officials, officers, employees, agents, and consultants; and
(3) Contain standard separation of insured provisions.
g. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. h. Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00. Professional liability insurance shall only be required of design or engineering professionals.
i. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

5. Mutual Indemnification.
a. OMNITRANS and SUBRECIPIENT shall defend, indemnify and hold the other Party, its officials, officers, employees, agents, and consultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any intentional or negligent acts, errors or omissions of the indemnifying Party, its officials, officers, employees, agents, and consultants related to a breach of this Agreement or any act or omission arising out of the activities governed by this Agreement. b. The indemnifying Party’s obligation to indemnify includes without limitation the payment of all consequential damages and reasonable attorneys’ fees, expert witness fees and other related costs and expenses of defense. The sole exception to the indemnifying Party’s obligation to indemnify shall be for acts of negligence or willful misconduct of the indemnified Party, its officials, officers, employees, agents, and consultants. This is a comparative negligence provision, and each Party shall bear their own costs to the extent to which they are each negligent.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 144 of 158 6 c. The indemnifying Party shall defend, at its own cost, expense, and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the indemnified Party, its officials, officers, employees, agents, and consultants. The indemnifying Party shall pay and satisfy any judgment, award or decree that may be rendered against the indemnified Party, its officials, officers, employees, agents, and consultants in any such suits, actions, or other legal proceedings. A Party’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the other Party, its officials, officers, employees, agents, and consultants.

6. The SUBRECIPIENT shall proceed with implementation of the Project, as detailed in OMNITRANS’s grant application, CA-2024-XX. The SUBRECIPIENT shall at all times comply with all applicable FTA requirements and guidelines as outlined in Appendix A of this Agreement. If it is determined that SUBRECIPIENT has improperly expended any funds provided by OMNITRANS pursuant to this Agreement, SUBRECIPIENT shall, at the direction of OMNITRANS, reimburse the full amount of such improperly expended funds to OMNITRANS within thirty (30) days of OMNITRANS’ written notice. In the event of any noncompliance with FTA requirements and guidelines that creates an obligation to repay grant funds to the FTA, it will be the SUBRECIPIENT’s obligation to make such repayment, and the SUBRECIPIENT will indemnify OMNITRANS against and hold harmless from any obligation or liability with respect to such repayment.

7. Acquisition of Project Equipment. The acquisition of all Project equipment financed in whole or in part under this Agreement shall be undertaken in accordance with the procedures established by FTA as outlined in Appendix E, except where written authorization for local procurement is granted by OMNITRANS. Any and all such lease agreements must be reviewed by OMNITRANS prior to execution.

8. Disposition of Equipment. All equipment acquired under this Agreement will be disposed of in accordance with the FTA’s requirements outlined in in accordance with the following standards of the Common Rules, 2 CFR part 1201 or former 49 CFR part 18 or 19, as applicable.

9. No Warranty.
a. If OMNITRANS procures equipment on behalf of the SUBRECIPIENT, OMNITRANS makes no warranties, express or implied, to the SUBRECIPIENT with respect to such equipment, including, but not limited to, any warranty of merchantability of fitness for a particular purpose. The SUBRECIPIENT’s acceptance or use of the equipment constitutes the SUBRECIPIENT’s acknowledgement that the equipment is in working condition at that time.
b. The SUBRECIPIENT shall defend, indemnify and hold harmless OMNITRANS, including its members and department employees, from any claim or liability MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 145 of 158 7 based on a claim for damages to real property or to a person for any matter relating to or arising out of OMNITRANS’s procurement of equipment on behalf of the SUBRECIPIENT under this Agreement.

10. Use of Project Equipment.
a. The SUBRECIPIENT agrees that the Project equipment shall be used for the purposes that it was acquired for. The SUBRECPIENT shall notify OMNITRANS before any equipment is used outside of its original scope. b. The SUBRECIPIENT shall keep satisfactory records with regard to the use of equipment and submit to OMNITRANS upon request, such information as is required in order to assure compliance with this section. OMNITRANS and FTA shall have the right to conduct periodic inspections for the purpose of confirming proper maintenance pursuant to this section.

11. The SUBRECIPIENT binds themselves, their successors, assignees, executors, and administrators in respect to all covenants of this Agreement. The SUBRECIPIENT shall not sign, sublet, or transfer their interest in this Agreement or equipment without the written consent of OMNITRANS.

12. This Agreement represents the entire and integrated agreement between parties and supersedes all prior negotiations, representations, or agreements, either written or oral.

This Agreement may be amended only by written instrument signed by all parties.

13. OMNITRANS’s grant application, CA-2024-XX, Master Agreement, and Certifications and Assurances documents (links to the documents hereto attached), and all applicable Federal, State and Local statutes and regulations are incorporated into this Agreement by this reference and are binding upon the SUBRECIPIENT.

14. Termination. This Agreement may be terminated upon any of the following conditions:
a. If, for any cause, the SUBRECIPIENT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations contained herein, OMNITRANS shall have the right to terminate this Agreement if such default or violation is not corrected within twenty (20) days after written notice is sent to the SUBRECIPIENT describing such default or violation.
b. OMNITRANS may terminate this Agreement without recourse in the event that, for any reason, federal funds and/or state funds are not appropriated, allotted, or available to OMNITRANS for the purpose of meeting the OMNITRANS’s obligation hereunder. OMNITRANS will provide written notice of such termination to the SUBRECIPIENT at least five (5) days prior to the effective date of termination.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 146 of 158 8 c. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least forty-five (45) days in advance of such termination date.

15. This subaward does not include indirect cost.

Communications regarding this Agreement, including all reports and submissions from the SUBRECIPIENT shall be sent to:

Samuel Wong, Budget and Grants Manager
Omnitrans
1700 West Fifth Street
San Bernardino, CA 92411
(909) 379-7174
[email protected]
The following Appendices are attached hereto as part of this Agreement. This Agreement and any amendments issued hereafter constitute the entire Agreement between the OMNITRANS and the SUBRECIPIENT.

Appendix A. CA-2024-XX Cooperative Agreement
Appendix B. FTA Certifications and Assurances Link
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 147 of 158 9 IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated, in consideration of the mutual covenants, promises and representations herein.

OMNITRANS:

Date: _________________
Date: __________________
Date: __________________
Date: __________________
_____________________________________________
Frank Navarro, Chairman Omnitrans Board of Directors
_____________________________________________
Erin Rogers, CEO/General Manager of Omnitrans
CITY OF MONTCLAIR:
_____________________________________________
John Dutrey, Mayor
_____________________________________________
Edward Starr, City Manager
ATTEST:
____________________________________________
Andrea Myrick, City Clerk
Date: __________________
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 148 of 158 Personnel Committee Minutes – February 3, 2025 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
FEBRUARY 3, 2025, AT 6:02 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 6:02 p.m.

II. ROLL CALL

Present: Mayor Dutrey, Mayor Pro Tem Martinez, City Manager Starr, and Assistant City Manager/Director of Human
Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of January 21, 2025.

Moved by Mayor Pro Tem Martinez, seconded by Mayor Dutrey, and carried unanimously to approve the minutes of the Personnel Committee meeting on January 21, 2025.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:03 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:32 p.m., the Personnel Committee returned from Closed Session.

Mayor Dutrey stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 6:32 p.m., Mayor Dutrey adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 149 of 158

PENDING

APPROVAL
Special City Council Meeting Minutes – January 21, 2025 Page 1 of 1

MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON TUESDAY, JANUARY 21, 2025,
AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS,
5111 BENITO STREET, MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 6:00 p.m.

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Martinez; Council Members Ruh, and Mendez
City Manager Starr; City Attorney Robbins; Assistant City Manager/ Director of Human Services Richter; City Clerk Myrick

Absent: Council Member Lopez
III. PUBLIC COMMENT — None
IV. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(d)(1)

REGARDING PENDING LITIGATION
A. Fuentes/Garcia v. Lopez, City of Montclair
At 6:01 p.m., the City Council went into closed session to discuss pending litigation.

V. CLOSED SESSION ANNOUNCEMENTS
At 6:36 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council met in closed session and discussed pending litigation; information was received and direction was given to staff; and no further announcements would be made at this time.

VI. ADJOURNMENT
At 6:36 p.m., the City Council was adjourned.

Submitted for City Council approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 150 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 1 of 8

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON TUESDAY, JANUARY 21, 2025 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,

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

II. INVOCATION
Reverend Maggie Burbank–Yenoki, Monte Vista Unitarian Universalist Congregation, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Martinez led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Community Development Diaz; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Acting Fire Chief Dierck; Director of Economic Development Agency Fuentes; Police Chief Reed; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Introduction of New and Promoting Police Officers
Police Chief Reed introduced recently hired Lateral Police Officer Arad Tatarian and Lateral Police Officer Brandon Burns and announced the recent promotion of Police Sergeant Anthony Del Rio.

B. Community Activities Commission Military Banner Presentation Community Activities Commission (CAC) Chair Ferraro stated that seventeen years ago, the CAC began sponsoring a military street banner program to recognize Montclair residents currently serving in the U.S. Armed Forces. She advised that in 2024, 21 military banners and two banners honoring “all Veterans” were proudly displayed throughout Montclair.

As CAC Vice Chair Ferraro introduced and summarized the service of each military banner, Mayor Dutrey and Council Members
congratulated and presented each honoree or their family member(s) with their military banner. The four honorees were:
 Dan Patrick Benavides, Marine Corps, 2020–2024
 Alfred Daniel Lopez, Marine Corps, 2018–2024
 Mario Amado Monsibais, Marine Corps, 2019–2023
 Christopher Tanner, Army, 2012–2024
C. Recognition of the MHS Cavaliers Boys’ Water Polo Team for Competing in the 2024 CIF–SS Division 6 Championships
Mayor Dutrey and the City Council congratulated and presented certificates to the Montclair High School Cavaliers boys’ water polo team and their coach for competing in the CIF–SS Division 6 Championships.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 151 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 2 of 8 VI. PUBLIC COMMENT
 Ruby Long, Senior Field Representative for San Bernardino County Fourth District Supervisor Cut Hagman, announced vacancies on County boards, committees, and commissions for airports, behavior health, and campaign accountability advisories, noting applications can be found online and applicants must be residents of the County’s fourth district.
 Sophia Siqueiros and Armando Rodriguez, Office Representatives for San Bernardino County Congresswoman Norma Torres, introduced themselves, congratulated the City on receiving over one million dollars in federal grants, and advised that Congresswoman Torres is working to secure more federal funding for the City.
 Josette Luffey representing I–10 Towing and Recovery raised concerns about the City’s absence of an open selection process for towing companies authorized to operate within the City. She noted that none of the current towing companies are located in Montclair and expressed her company's interest in being able to assist and provide services to the City.

City Manager Starr advised that the City completed its last bid for authorized towing services in 2019 for a term of 10 years, noting at the time there was an absence of companies located within Montclair, which was a prior requirement of the Police Department’s.  Jorge Sanchez, resident, addressed concerns regarding perceived intimidation by Montclair Police Officers during two incidents he was involved with over the past year.
 Mukthika Ananda, Kailasa USA Los Angeles, invited the City Council and community to participate in a Kumbh Mela celebration at their temple located in the City on San Bernardino Street.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: Items C–3, C–4, and D–1
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Mendez
Council Member/Director Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 152 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 3 of 8 A. Approval of Minutes

1. Regular Joint Meeting — December 2, 2024
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

B. Administrative Reports

1. Consider Receiving and Filing City Treasurer's Report – December 2024
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of Warrant Register and Payroll
Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Receiving and Filing SA Treasurer’s Report – December 2024
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of SA Warrant Register – December 2024 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Receiving and Filing MHC Treasurer's Report December 2024
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Approval of MHC Warrant Register –
December 2024
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 153 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 4 of 8

7. Consider Receiving and Filing of MHA Treasurer's Report – December 2024
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

8. Consider Approval of MHA Warrant Register –
December 2024
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Authorizing an $11,500 Appropriation from the Federal Asset Forfeiture Fund to Send a Member of the
Command Staff to the California Police Chiefs’ Executive Leadership Institute at Drucker
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 25–02 with Atkinson, Andelson, Loya, Ruud & Romo to Provide Legal and
Consulting Services Related to Litigation and Employee
Relations Matters
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of Agreement Nos. 25–03, 25–04, and 25– 05 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Approval of Agreement No. 25–06 with Ontario– Montclair School District for the Lease of the Field at Vernon Middle School (Golden Girls)
Council Member Lopez received clarification that the Buena Vista School parking lot would be slurry sealed by the City as part of the agreement.

ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 154 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 5 of 8

4. Consider Approval of Agreement No. 25–07 with the U.S.

Department of Transportation to Accept a $750,000
Neighborhood Access and Equity Grant Award for the
Design of Crossings Along the San Antonio Creek Trail at the Metrolink Rail Line and the I–10 Freeway
Consider Authorizing a $181,965 Appropriation from 2021 Lease Revenue Bond Proceeds in Matching Funds for the San Antonio Creek Trail Crossing Design Project Pursuant to Agreement No. 25–07
Council Member Mendez questioned safety measures planned for the channel and tunnels.

City Manager Starr outlined plans for lighting, security cameras, park hours, gates and fencing, and promoting foot and bike traffic. He added it would function as a park with open/closed hours, and residents would be urged to report suspicious activity.

Council Member Lopez voiced concerns about potential access to restricted areas and stated he remains opposed to building a trail along the channel.

ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions

1. Consider Accepting a Written Petition from CRP/VP Montclair, LLC, Owner of the Village at Montclair, Requesting Formation of a Community Facilities District (CFD)
Consider Adoption of Resolution No. 25–3468 Declaring the City’s Intent to Form CFD No. 2025–1 (The Village at Montclair), Setting a Public Hearing for the Establishment of CFD No. 2025–1 on March 3, 2025, at 7:00 p.m. in the City Council Chambers, and Taking Other Actions Related Thereto
Consider Approving the Boundary Map of Proposed CFD No. 2025–1
Council Member Mendez asked if the City expects a majority of the affected property owners to vote in favor of the CFD, and how the taxes are calculated.

City Manager Starr noted that CFDs are typically approved prior to tenant occupancy, requiring only the developer’s vote, as they are the sole property owner.

Economic Development Agency Director Fuentes explained the tax rates are based on building square footage, and fund services like street maintenance, water, signage, and park upkeep, noting the funds are maintained separately from the General Fund.

Council Member Ruh expressed opposition CFDs in general, citing their impact on housing costs.

ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS — None
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 155 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 6 of 8 X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney — None
C. City Manager/Executive Director — None
D. Mayor/Chair

1. Announcement of an Unscheduled Vacancy on the Planning Commission for a Term Ending June 30, 2027.

Mayor Dutrey announced an unscheduled vacancy on the Planning Commission , noting the application deadline is February 9, 2025.

2. Consider Agendizing Resolution and Letter of Opposition for Proposed South Coast Air Quality Management District
(SCAQMD) Amended Rules 1111 and 1121 Banning New Gas
Water Heaters and Furnaces
Nick Wilson, a member of the public, expressed concerns relating to potential negative effects these changes will have on residents and small business owners due to significant costs associated with replacing gas heaters and appliances.

Mayor Dutrey requested consensuses from the City Council to endorse a letter of opposition regarding the proposed changes to the regulations, which would be burdensome on businesses and residents.

Council Members Lopez and Ruh spoke on their opposition to SCAQMD’s proposed rule changes.

Mayor Pro Tem Martinez spoke in favor of agendizing the matter for the next meeting for further review before making a decision.

ACTION – COMMUNICATIONS – Item D–2
ACTING: City Council
MOTION: Authorize the Mayor to Sign a Letter of
Opposition for Proposed SCAQMD Amended
Rules 1111 and 1121 Banning New Gas Water
Heaters and Furnaces.

MADE BY:

SECOND BY:

Council Member Ruh
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Lopez, Ruh, Dutrey
Martinez
None
None
RESULT: Motion carried 4–1 (Martinez opposed).

3. Consider Council Committee/Liaison Assignments
Mayor Dutrey proposed changing the name of the Real Estate Committee to the Economic Development Committee, eliminating the Tri–City Gold Line Council Committee, and having the liaisons assigned to the Community Activities and Planning Commissions (CAC and PC) also serve on the respective Interview Panels.

Mayor Dutrey entertained requests from Council Members to be assigned to vacancies on City Council committees and to represent the City on external boards and entities.

MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 156 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 7 of 8 ACTION – COMMUNICATIONS – Item D–3
ACTING: City Council
MOTION: Make the following revisions to the City Council Committee/ Liaison Assignments, last revised
February 6, 2023:

Community Activities Commission (CAC) Interview Panel
Public Works Committee
Dutrey & Martinez
Personnel Committee
Ruh & Martinez
Planning Commission (PC) Interview Panel
Real Estate Economic Development Committee
Dutrey Mendez & Martinez
Code Enforcement/Public Safety Committee
Ruh & Mendez
Tri–City Gold Line Committee
Chamber of Commerce
Ruh & Martinez
CAC Liaison & CAC Interview Panel
PC Liaison & PC Interview Panel
Dutrey & Mendez
Gold Line Phase II JPA Board
Ruh (Member) & Mendez (Alternate)
Omnitrans Board
Dutrey (Member) & Ruh (Alternate)
SBCTA Board
Dutrey (Member) & Martinez (Alternate)
IEUA Regional Sewerage Program Policy Committee
Dutrey (Member) & Martinez Mendez (Alternate)
League of CA Cities IE Division
Dutrey (Member) & Ruh (Alternate)
National League of Cities
Ruh & Mendez
SBC Solid Waste Advisory Task Force
Mendez
MADE BY:

SECOND BY:

Council Member Ruh
Council Member Mendez
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Ruh, Martinez, Dutrey
Lopez
None
None
RESULT: Motion carried 4–1 (Lopez opposed).

4. Mayor Dutrey announced the Mid–Year Budget Review Special Meeting is scheduled to be held on Monday, March 3, 2025, at 5:30 p.m. He acknowledged all Fire and Police Department personnel who assisted with the nearby fires, as well as staff for promptly assisting with the high winds in Montclair, and recognized Martin Luther King Jr. Day.

E. Council Members/Directors

1. Council Member/Director Ruh informed the community of Assembly Bill AB 413 which prohibits stopping, standing, or parking within 20 feet of any intersection, sidewalk or crosswalk. He acknowledged the passing of President Jimmy Carter, longtime resident Betty Giovanni, and famous African American Civil Rights activist Fannie Lou Hamer, who is related to Donald Rucker of the Christian Development Center. He expressed sympathy for those affected by the fires.

2. Council Member/Director Lopez received updates on repairs that were necessary due to recent wind storms, expressed frustration with semi–trucks driving on Monte Vista Avenue where it is not MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 157 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 21, 2025 Page 8 of 8 permitted; and welcomed Council Member/Director Mendez to his first official full meeting.

3. Council Member/Director Mendez thanked the community for their support as well as his former Planning Commission colleagues for ensuring a smooth transition.

4. Mayor Pro Tem/Vice Chair Martinez sympathized with those affected by the Eaton and Palisades fires and expressed appreciation for the community’s effort to provide support to those affected by them during this challenging time.

F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Personnel Committee – December 16, 2024
XI. ADJOURNMENT
At 9:00 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,

Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 02/18/2025 Page 158 of 158