CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Monday, July 21, 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
Monday, July 21, 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. Recognition of a Montclair Police Officer for a Life–Saving Incident B. Recognition of Departing Montclair High School Principal Cho Upon his Promotion to Executive Director of Assessment and Research for the Chaffey Joint Union High School District
C. Community Activities Commission Presentation of 2025 Home Beautification Awards
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
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MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 1 of 198 Page No.
VII. PUBLIC HEARINGS
A. Second Reading — Consider Adoption of Ordinance No. 25–1012 Authorizing the Levy of a Special Tax for Community Facilities District No. 2025–2 (Alexan Kendry Expansion) [CC] 6
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — June 16, 2025 [CC/SA/MHC/MHA/MCF] 183
2. Special Joint Meeting — June 26, 2025 [CC/MHC] 196
B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 18
2. Consider Approval of Warrant Register & Payroll Documentation [CC] 19
3. Consider Receiving and Filing of Treasurer’s Report [SA] 20
4. Consider Approval of Warrant Register [SA] 21
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 22
6. Consider Approval of Warrant Register [MHC] 23
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 24
8. Consider Approval of Warrant Register [MHA] 25
9. Consider Approval of the Filing of a Notice of Completion for the Alleyway Improvements Project with the San Bernardino County Recorder’s Office [CC]
Consider Authorizing Release of Retention 30 Days after Recordation of Notice of Completion, Reduction of Faithful Performance Bond to 10 Percent, and Release of Payment Bond After Six Months [CC] 26
10. Consider Acceptance of Grant Deed No. 2025–1692, an Easement for Construction, Maintenance, and Use of Sidewalks, and Appurtenances Located on State Street (APN 1011–301–31) [CC]
Consider Authorizing Staff to Record Grant Deed No. 2025–1692 with the Office of the San Bernardino County Recorder [CC] 28
11. Consider Approval of the Payment for a One–Year Subscription Renewal of Zengine Application Software through Wizehive, Inc. for the Montclair to College Program [MCF] 31
C. Agreements
1. Consider Approval of Agreement No. 25–38–I–115, an Irrevocable Annexation Agreement with Vanpen Yoswattana for 4799 Howard Street, Montclair, CA 91763 (APN. 1012–331–11–0000), Subject to Any Revisions Deemed Necessary by the City Attorney (Case No. 2025–27) [CC] 33 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 2 of 198 Page No.
2. Consider Approval of Agreement No. 25–39 with Liebert Cassidy Whitmore for Participation in the East Inland Empire Employment Relations Consortium and Premium Liebert Library Subscription, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 39
3. Consider Approval of Agreement No. 25–40 with the Montclair Chamber of Commerce to Provide Services to Promote Local Economic Development, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 43
4. Consider Approval of Agreement No. 25–41 with Civic Publications, Inc., for Public Education and Community Outreach Services, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 49
5. Consider Approval of Agreement No. 25–42 with University Enterprises Corporation at California State University San Bernardino to Provide Technical Assistance and Outreach Services to Small Businesses, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 53
6. Consider Approval of Agreement No. 25–43 with Misha L. Penn to Provide Grant Management and Fiscal Compliance Services for the Human Services Department [CC] 60
7. Consider Approval of Agreement No. 25–44 with Ontario–Montclair School District to Provide Case Management Services [CC] 74
8. Consider Approval of Agreement No. 25–45 with the San Bernardino County Sheriff’s Department for Pre–Employment Polygraph Services [CC] Consider Authorizing Police Chief Jason Reed to Sign Said Agreement [CC] 80
9. Consider Approval of Agreement No. 25–46, a Memorandum of Understanding with the San Bernardino County Transportation Authority for Regional Early Action Planning (REAP) Grant Funding for the Fremont Avenue Street Improvement Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement [CC] 86
10. Consider Approval of Agreement No. 25–47 with RTI International for Use of the Montclair Transportation Center Kids Station Parking Lot to Host the National Health and Nutrition Examination Survey [CC]
Consider Authorizing the City Manager Edward C. Starr to Sign Said Agreement and Other Program–Related Documents [CC] 142
11. Consider Approval of Agreement No. 25–48 with the U.S. Department of Justice, Drug Enforcement Administration to Assign One Montclair Officer to the High–Intensity Drug Trafficking Area Task Force [CC] Consider Authorizing Police Chief Jason Reed to Sign Said Agreement [CC] 150
12. Consider Approval of Agreement No. 25–49, Amendment No. 2 to Agreement No. 15–63 with the City of Chino for Design and Construction of the Central Avenue at SR–60 Interchange Improvements Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing an additional $2,433 Appropriation from Measure I Funds for a Total Amount of $101,532 for the City’s Share Contribution for the Project [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement and Related Documents [CC] 159
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 3 of 198 Page No.
D. Resolutions
1. Consider Adoption of Resolution No. 25–3489 Authorizing the Submission of an Grant Application for Land and Water Conservation Fund Assistance to the State of California Natural Resources Agency and Authorizing the Execution of Application–Related Documents by the City Manager or His Designee [CC] 166
2. Consider Adoption of Resolution No. 25–3490 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 169
3. Consider Adoption of Resolution No. 25–3491 Authorizing Placement of Assessments on Certain Properties for Delinquent Sewer and Trash Accounts [CC] 175
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property Negotiations [CC] Property: APN: 1007–671–13–0000
Negotiating Parties: City of Montclair, The Pep Boys Manny Moe and Jack City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-321-39-0000
Negotiating Parties: City of Montclair, Brad Allen LeCount and Dana AI LeCount City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-241-40-0000
Negotiating Parties: City of Montclair, Jamindar Management L.P.
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-241-41-0000
Negotiating Parties: City of Montclair, Bruce C. Santana and Marilyn C. Santana.
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-241-42-0000
Negotiating Parties: City of Montclair, Victor & Ana Salcedo Revocable Living Trust City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-241-46-0000
Negotiating Parties: City of Montclair, Angel L. Gonzalez and Marie N. Gonzalez City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-321-60-0000
Negotiating Parties: City of Montclair, Judith Carlos Stevens, Trustee of The Judith C.
Stevens Separate Property Trust
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-321-39-0000
Negotiating Parties: City of Montclair, Juan Ramon De La Torre City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 4 of 198 Page No.
Property: APN 1009-331-55-0000
Negotiating Parties: City of Montclair, Eduardo Ruelas and Trinidad City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-521-55-00000
Negotiating Parties: City of Montclair, Montclair Family Housing Partners L.P.
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009-172-14-00000
Negotiating Parties: City of Montclair, Town and Country Christian Church of San Bernardino City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price
2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation [CC] Fuentes/Garcia v. Lopez, City of Montclair
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — June 16, 2025 [CC] 182 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, August 5, 2024 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, July 17, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 5 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: SECOND READING — CONSIDER ADOPTION OF ORDINANCE NO. 25–1012
AUTHORIZING THE LEVY OF A SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2025–2 (ALEXAN KENDRY EXPANSION)
REASON FOR CONSIDERATION: The amended North Montclair Downtown Specific Plan (NMDSP) encompasses a diverse array of public enhancements, including parks, public open spaces, median islands, parkways, and specialized street lighting. The City holds the responsibility for ensuring the construction and ongoing maintenance of these public enhancements. However, the financial capacity of the City’s General Fund is insufficient to support both the initial development and the subsequent maintenance of these improvements. The City Council has directed staff to finance maintenance of public improvements and a portion of the costs for public safety services related to development projects within the boundaries of the NMDSP area through the establishment of Community Facilities Districts (CFD).
A copy of Ordinance No. 25–1012 is attached for City Council review and consideration.
BACKGROUND: On June 16, 2025, the City Council conducted a public hearing related to the formation of CFD No. 2025–2 (Alexan Kendry Expansion) and took the following actions:
Adopted Resolution No. 25–3480 establishing CFD No. 2025–2 (Alexan Kendry Expansion), and the boundaries thereof;
Adopted Resolution No. 25–3481 calling a Special Election and submitting to the voters of CFD 2025–2 (Alexan Kendry Expansion) a proposition for the annual levy of special taxes within said CFD to pay the costs of certain services to be provided by the CFD and establishing an appropriations limit for said CFD; Adopted Resolution No. 25–3482 declaring the results of the Special Election for CFD No. 2025–2 (Alexan Kendry Expansion) for the propositions concerning (I) the annual levy of special taxes to pay the costs of certain services to be provided by the CFD and (II) establishing an appropriations limit; and Conducted the first reading of Ordinance No. 25–1012 levying special taxes to be collected during Fiscal Year 2025–26 to pay the annual costs of the maintenance and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of storm drainage systems and public safety services including fire protection and suppression services and police protection with respect to CFD No. 2025–2 (Alexan Kendry Expansion).
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 6 of 198 Conducting a second reading and adopting Ordinance No. 25–1012 is the final step in completing the formation of CFD No. 2025–2 (Alexan Kendry Expansion). Adoption of Ordinance No. 25–1012 would authorize the City Council to levy special taxes within the newly formed CFD to pay for the identified maintenance costs and public safety costs as included as Exhibit “A” to Ordinance No. 25–1012.
FISCAL IMPACT: Formation of CFD No. 2025–2 has been proposed to mitigate the financial impacts of public works maintenance and public safety services on General Fund revenues.
Proposed CFD No. 2025–2 would finance the maintenance costs and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of storm drain systems serving the proposed CFD. In addition, the proposed CFD would finance fire and police protection services. The estimated cost of these services is approximately $56,162 annually, inclusive of a $10,000 annual cost to administer the CFD.
The special tax imposed by the CFD shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
RECOMMENDATION: Staff recommends that the City Council conduct the second reading, by number and title only, and adopt Ordinance No. 25–1012 authorizing the levy of a special tax for CFD No. 2025–2 (Alexan Kendry Expansion).
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 7 of 198 SECOND
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Ordinance No. 25–1012 Page 1 of 2
ORDINANCE NO. 25–1012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF THE CITY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT
NO. 2025–2 (ALEXAN KENDRY EXPANSION), AUTHORIZING THE
LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES
DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Montclair, California (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, this community facilities district shall hereinafter be referred to as the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion), San Bernardino County, State of California (the “District”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MONTCLAIR, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2025–2 (ALEXAN KENDRY EXPANSION), DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.
Section 2. Special Taxes. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Amended and Restated Rate and Method of Apportionment as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).
Section 3. Annual Levy of Special Taxes. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.
Section 4. Manner of Collection. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Montclair, acting for and on behalf of the District.
Section 5. Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien to secure each levy of the special tax, shall attach to all non–exempt real property in the District and shall continue in force and effect until the lien is canceled in accordance with law or until collection of the tax by the legislative body ceases.
Section 6. Effective Date. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 8 of 198 SECOND
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Ordinance No. 25–1012 Page 2 of 2
Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City of Montclair.
APPROVED AND ADOPTED this XX day of XX, 2025.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 25–1012 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2025, and finally passed not less than five (5) days thereafter at a regular meeting of the City Council held on the XX day of XX, 2025, by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 9 of 198 SECOND
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ORDINANCE NO. 25-1012
EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 1
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(ALEXAN KENDRY EXPANSION)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion) ("CFD No. 2025- 2") and collected each Fiscal Year commencing in Fiscal Year 2025-2026, in an amount determined by the CFD Administrator, according to the method of apportionment set forth herein. All of the real property in CFD No. 2025-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax A Requirement or Special Tax B Requirement, as hereinafter defined, and for no other purpose.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2025-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2025-2 or any designee thereof of complying with City or CFD No. 2025-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2025-2 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2025-2 for any other administrative purposes of CFD No. 2025-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor’s Parcel" means any real property to which an Assessor’s parcel number is assigned as shown on an Assessor’s Parcel Map.
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"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
"Authorized Maintenance Services" means the (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of bioretention basins and storm drainage systems, and (iii) any other services authorized to be financed pursuant to the Act.
"Authorized Public Safety Services" means (i) fire protection and suppression services, (ii) police protection services and (iii) any other services authorized to be financed pursuant to the Act.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax A Requirement and Special Tax B Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2025-2" means the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion).
"City" means the City of Montclair.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles – Long Beach - Anaheim Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach - Anaheim Area.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2025-2.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to January 1 of the previous Fiscal Year (i.e., a building permit for new construction issued prior to January 1, 2025 would be considered Developed Property beginning in Fiscal Year 2025-2026). “Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 11 of 198 SECOND
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County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Maximum Annual Special Tax" means the Maximum Annual Special Tax A and/or Maximum Annual Special Tax B, as applicable.
"Maximum Annual Special Tax A" means the Maximum Annual Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2025-2. "Maximum Annual Special Tax B" means the Maximum Annual Special Tax B, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2025-2. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-2 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the Maximum Annual Special Tax A is equal for all Assessor’s Parcels of Developed Property and that the ratio of the actual Special Tax B levy to the Maximum Annual Special Tax B is equal for all Assessor’s Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2025-2 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2025-2 that was encumbered, as of January 1 of the previous Fiscal Year, by an MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 12 of 198 SECOND
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unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter of a residential dwelling unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel, or if the square footage is not available from this source, as otherwise determined by the CFD Administrator based on a recorded condominium plan or other available documents.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax A Requirement. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax A Requirement" means that amount required in any Fiscal Year for CFD No. 2025-2 to: (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2025- 2; less (iv) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator.
"Special Tax B Requirement" means that amount required in any Fiscal Year for CFD No. 2025-2 to: (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2025- 2; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2025-2 which are not exempt from the Special Tax pursuant to law or Section E below.
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"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2025-2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or Non-Residential Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
The Maximum Annual Special Tax for Residential Property shall be based on the Residential Floor Area of the dwelling unit(s) located on the Assessor's Parcel, as specified in Table 1 below. The Maximum Annual Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX
1. Developed Property
The Fiscal Year 2025-2026 Maximum Annual Special Tax is shown below in Table
1. TABLE 1
Maximum Annual Special Tax
for Developed Property
Land Use
Class Description Residential Floor Area
FY 2025-2026
Maximum Annual
Special Tax A
FY 2025-2026
Maximum Annual
Special Tax B
1 Residential Property ≥ 1,300 s.f. $175 per unit $301 per unit 2 Residential Property 1,101 – 1,300 s.f. $156 per unit $267 per unit 3 Residential Property 1,000 – 1,100 s.f. $137 per unit $236 per unit 5 Residential Property < 1,000 s.f. $84 per unit $144 per unit 6 Non-Residential Property NA $7,247 per Acre $12,449 per Acre On each July 1, commencing on July 1, 2026, the Maximum Annual Special Tax A and Maximum Annual Special Tax B shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
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2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.
3. Multiple Land Uses
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.
In such cases, the Acreage of the Assessor’s Parcel shall be allocated between Developed Property and Undeveloped Property based the portion of the Assessor’s Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and portion of the Assessor’s Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of property located on that Assessor’s Parcel.
The CFD Administrator’s allocation of Acreage to each type of property shall be final.
D. APPORTIONMENT OF THE SPECIAL TAX
1. SPECIAL TAX A
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax A so that the amount of the Special Tax A equals the lesser of the Special Tax A Requirement or the Maximum Annual Special Tax A. The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax A.
To the extent that the Special Tax A Requirement is greater than the aggregate Maximum Annual Special Tax A, the Special Tax A collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax B Requirement and then to pay for Authorized Maintenance Services.
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2. SPECIAL TAX B
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax B so that the amount of the Special Tax B equals the lesser of the Special Tax B Requirement or the Maximum Annual Special Tax B. The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax B.
To the extent that the Special Tax B Requirement is greater than the aggregate Maximum Annual Special Tax B, the Special Tax B collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax A Requirement and then to pay for Authorized Public Safety Services.
Notwithstanding the above, pursuant to Section 53321(d)(3) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor’s Parcel in CFD No. 2025-2 for which an occupancy permit for private residential use has been issued shall be increased as a consequence of delinquency or default by the owner or owners of any other Assessor’s Parcel(s) within CFD No. 2025-2 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor’s Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor’s Parcels of nonresidential property within CFD No. 2025-2 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
Neither the Special Tax A nor the Special Tax B shall be levied on Assessor’s Parcels of Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property.
Should an Assessor’s Parcel no longer be classified as Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 16 of 198 SECOND
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shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2025-2 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
H. TERM OF SPECIAL TAX
The Special Tax A shall be levied as long as necessary to meet the Special Tax A Requirement. The Special Tax B shall be levied as long as necessary to meet the Special Tax B Requirement.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 17 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 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 June 30, 2025.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending June 30, 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 June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 18 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTERS AND PAYROLL DOCUMENTATIONS REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Registers and Payroll Documentations.
BACKGROUND: Mayor Pro Tem Martinez has examined the Warrant Registers dated July 7, 2025 and July 21, 2025; and the Payroll Documentations dated June 1, 2025 and June 15, 2025, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated July 7, 2025, totals $2,411,776.59.
The Warrant Register dated July 21, 2025, totals $6,159,540.09 The Payroll Documentation dated June 1, 2025, totals $879,408.12 gross, with $619,693.97 net being the total cash disbursement.
The Payroll Documentation dated June 15, 2025, totals $1,111,960.52 gross, with $764,921.65 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Registers and Payroll Documentations.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 19 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 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 June 30, 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 June 30, 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 June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 20 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 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 June 30, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 06.01.25-06.30.25 in the amounts of $5,655.32 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 June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 21 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 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 June 30, 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 June 30, 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 June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 22 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 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 June 30, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 06.01.25–
06.30.25 in the amount of $118,161.52 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 June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 23 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 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 June 30, 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 June 30, 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 June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 24 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 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 June 30, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 06.01.25–
06.30.25 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 June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 25 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: STA050/GRT050-D
DEPT.: PUBLIC WORKS
PREPARER: C. STEVENSON
SUBJECT: CONSIDER APPROVAL OF THE FILING OF A NOTICE OF COMPLETION FOR THE
ALLEYWAY IMPROVEMENTS PROJECT WITH THE SAN BERNARDINO COUNTY RECORDER’S OFFICE
CONSIDER AUTHORIZING RELEASE OF RETENTION 30 DAYS AFTER RECORDATION
OF NOTICE OF COMPLETION, REDUCTION OF FAITHFUL PERFORMANCE BOND TO 10 PERCENT, AND RELEASE OF PAYMENT BOND AFTER SIX MONTHS REASON FOR CONSIDERATION: State law requires the filing of a Notice of Completion with the County Recorder’s Office upon completion and acceptance of a Public Works Project. The City Council is requested to consider to accept the work, approve the filing of a Notice of Completion with the San Bernardino County Recorder, and take related actions concerning the Alleyway Improvement Project.
BACKGROUND: On February 5, 2024, Sequel Contractors, Inc. was awarded a contract by the City Council and entered into Agreement No. 24–08 for the Alleyway Improvements Project. The Alleyway Improvements Project involved the full removal and replacement of existing concrete and asphalt to thirteen (13) alleyways around the City.
Updates to the alleys included construction of new concrete drainage gutters, replacement of noncompliant Americans with Disabilities Act (ADA) pedestrian ramps, and new traffic legends. Construction began in September 2024 and concluded in June 2025. All work requirements under Agreement No. 24–08 were finished in a satisfactory manner. Contingency funds were not used and there have been no Stop Notices submitted against the project, nor are any anticipated.
There are 38 alleyways in the City, 16 of these alleyways are located in Community Development Block Grant (CDBG) areas. Prior to this project, ten (10) alleyways have been reconstructed, including five (5) alleyways in the CDBG areas that were completed in 2022.
FISCAL IMPACT: The City Council originally appropriated $2,966,433.75 in 2021 Lease Revenue Funds for this project. The project was awarded to Sequel Contractors, Inc. for $2,696,433.75, with an additional $270,000 authorized as a construction contingency.
The final construction cost was $2,565,298.50 and the authorized contingency was not required.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve of the filing of a Notice of Completion for the Alleyway Improvements Project with the San Bernardino County Recorder’s Office.
2. Authorize release of retention 30 days after recordation of Notice of Completion, reduction of Faithful Performance Bond to 10 percent, and release the Payment Bond after six months.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 26 of 198 RECORDING REQUESTED BY:
City of Montclair
AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO:
NAME: City of Montclair
STREET ADDRESS: 5111 Benito Street
CITY, STATE & ZIP
CODE: Montclair, CA 91763
Government Code 6103
(Space above this line for Recorder's Use Only)
NOTICE OF COMPLETION
NOTICE is hereby given that: The undersigned is the owner of an interest of estate in the hereinafter described property, the nature of which said interest or estate is:
fee
The full name and address of the undersigned is
Monica Heredia
Public Works Director/
City Engineer
5111 Benito Street
Montclair, CA 91763
The work was completed on that certain work known as:
Alleyway Improvement Project
for the undersigned City of Montclair,
a Municipal Corporation, on the 11th day of June 2025
The City accepted the job on the 11th day of June 2025
The Contractor on said job was
Sequel Contractors, Inc.
13546 Imperial Highway
Santa Fe Springs, CA 90670
The improvement consisted of: the removal of existing pavement, ribbon gutters and alley entrances and construction of new AC pavement, ribbon gutters and alley intersections at 13 alleys.
The property upon which said work of improvement was completed is described as Address:
Various Locations Throughout the City
VERIFICATION
I, the undersigned, say that I am agent for the owner of the aforesaid interest or estate in the property described in the above notice. I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are true and correct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: at 5111 Benito Street, Montclair, California Monica Heredia, P.E.
Public Works Director/City Engineer
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 27 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: LDA210
DEPT.: PUBLIC WORKS
PREPARER: U. MCKENZIE
SUBJECT: CONSIDER ACCEPTANCE OF GRANT DEED NO. 2025–1692, AN EASEMENT
FOR CONSTRUCTION, MAINTENANCE, AND USE OF SIDEWALKS, AND APPURTENANCES LOCATED ON STATE STREET (APN. 1011–301–31) CONSIDER AUTHORIZING STAFF TO RECORD GRANT DEED NO. 2025–1692
WITH THE OFFICE OF THE SAN BERNARDINO COUNTY RECORDER
REASON FOR CONSIDERATION: The City Council is requested to consider acceptance of Grant Deed No. 2025–1692, an easement for construction, maintenance, and use of sidewalks and appurtenances located in a vacant lot on State Street (Assessor’s Parcel No. 1011–301–31). Grant deeds for properties and easements are subject to City Council approval.
BACKGROUND: On March 22, 2022, W. C. Homes, LLC, the property owner, filed an application for Tentative Tract Map No. 20503, a Conditional Use Permit, and a Precise Plan of Design under Case No. 2022–13 to construct a 12–unit industrial condominium development on a 1.82 acre lot, which includes street improvements. The project site lies adjacent to a fully improved street that connects to two major streets at Monte Vista Avenue and Central Avenue. The site is designed to allow for suitable pedestrian and vehicular circulation around the proposed improvements. The site modifications require a six–foot dedication of right–of–way on State Street by the property owner to the City of Montclair. The dedication will allow for the construction of a sidewalk, curb, gutter, street lighting, and driveway. All utilities in the public right–of–way adjacent to the site will be placed underground and the Southern California Edison poles will be removed.
FISCAL IMPACT: The acceptance of Grant Deed No. 2025–1692 would have no direct fiscal impact to the City. Without the acceptance of the grant deed, the City would not have legal authority for the use of the properties for the purposes as discussed above.
RECOMMENDATION: Staff recommends that the City Council take the following action:
1. Accept Grand Deed No. 2025–1692, an easement for construction, maintenance, and use of sidewalks, and appurtenances located on State Street (Assessor’s Parcel No. 1011–301–31).
2. Authorize staff to record Grant Deed No. 2025–1692 with the Office of the San Bernardino County Recorder.
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CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: MCF175
DEPT.: MCF
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF THE PAYMENT FOR A ONE–YEAR SUBSCRIPTION RENEWAL OF ZENGINE APPLICATION SOFTWARE THROUGH WIZEHIVE, INC. FOR THE
MONTCLAIR TO COLLEGE PROGRAM
REASON FOR CONSIDERATION: The Montclair Community Foundation (MCF) Board of Directors is requested to consider approval of the purchase of a one–year subscription renewal of Zengine application software through Wizehive, Inc. for the Montclair to College (MTC) program.
BACKGROUND: The Montclair City Council also serves as the MCF Board of Directors.
The vision of MCF is to work collectively and collaboratively to strengthen services and enhance the quality of life for residents by promoting health, wellness and economic stability for all including the most vulnerable in our community. The mission of MCF is to guarantee a quality community for all, by working together as diverse, committed individuals and organizations to make an impact that improves the overall well–being of the community.
A study completed by Kaiser Permanente’s Community Health Needs Assessment demonstrated communities with lower educational attainment, specifically bachelor’s degrees, also had a larger amount of negative health outcomes, including more poor mental health days, heart attack emergency room visits, higher obesity prevalence, more strokes, and higher smoking prevalence. Research has demonstrated college promise programs, like MTC, contribute to higher completion rates for students in college. Long– term evidence has shown education is an investment in reducing poverty and promoting economic mobility. In addition, college promise programs have been utilized as an evidenced based mechanism for improving college access and affordability as a solution to excessive student loan debt in the United States.
Created in 1998, the Montclair to College program is one of the first of its kind college promise programs. Currently, through a collaboration with Chaffey Joint Union High School District and Chaffey College, MTC offers Montclair High School (MHS) students a unique opportunity for students to receive a full scholarship to Chaffey College. This MTC scholarship includes full tuition, books, parking, and other fees. Every Montclair High School (MHS) student that completes their MTC application in 12th grade, graduates without significant disciplinary action, has a minimum of 2.0 grade point average (GPA), and completes twenty hours of community service at a non–profit is eligible to receive the scholarship. MTC provides MHS students and their families with resources and support to navigate into higher education. Throughout the school year, MTC organizes multiple bilingual workshops and presentations on topics that help make the transition to college easier for parents and students. MTC workshop topics may include but are not limited to: financial aid, academic and career: deciding your path, student resources, and the Montclair to College transition. Workshops are open to all Montclair High School students and parents are welcome to attend.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 31 of 198 At the MCF Board meeting on June 18, 2018, Agreement No. 18–44 was approved for a subscription to the Zengine software through Wizehive, Inc. to provide a cloud application software for Montclair to College applicants. This online application system, the MTC portal, has allowed for streamlined communication with students and their families about their status in the program, outstanding requirements, and their eligibility to receive the scholarship at the end of their senior year at Montclair High School.
Through the utilization of the Zengine software, staff has created an online MTC portal.
Any MHS student can begin their application throughout their time at MHS, they do not have to wait for their senior year. When creating an account in the MTC portal, Students are required to enter a profile of basic information. At any time, MHS students can begin their application and enter their community service hours. This helps students to keep track of their community service hours to ensure they meet the twenty hour minimum by the deadline their senior year. Once a student enters their community service hours in the MTC portal, the system automatically emails their supervisor to verify the hours are correct and it allows the student to submit a signed copy of their community service log electronically. If the supervisor wishes to approve the students community service hours electronically, the supervisor can do so with a short online form. At the end of the 2024–2025 school year, 1,111 current MHS students (9th through 12th grade) created profiles in the MTC portal.
In addition, the online portal has allowed for more efficient communication with MHS.
City Staff are able to give MHS staff limited access to the portal to allow them to answer student questions about their application status. Through the back end of the MTC portal, it allows City Staff to send MHS staff a list of graduating applicants to review to verify their eligibility including their grade level, GPA, and four year enrollment status.
After seven successful school years of using the Zengine software, Staff recommends renewing the service for another year. At the initiation of the agreement, staff solicited three bids for cloud application service. Based on proposals and meetings with three companies, Human Services Department staff along with the Director of Information Technology recommended utilizing the Wizehive software. Staff recommends continuing with Wizehive, Inc. to allow for program continuity.
FISCAL IMPACT: Should the Montclair Community Foundation Board approve the payment for a one–year subscription renewal, MCF will pay Wizehive, Inc, $8,508.55 for the software license agreement through grants and donations received for Montclair to College. The term of the subscription renewal is July 1, 2025 through June 30, 2026.
RECOMMENDATION: Staff recommends the Montclair Community Foundation Board approve the payment of a one–year subscription renewal of Zengine application software through Wizehive, Inc. for the Montclair to College Program.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 32 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: SEW080
DEPT.: COMMUNITY DEV.
PREPARER: D. OCHOA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–38–I–115, AN IRREVOCABLE ANNEXATION AGREEMENT WITH VANPEN YOSWATTANA FOR 4799 HOWARD STREET, MONTCLAIR, CA 91763 (APN 1012–331–11–0000), SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY (CASE NO. 2025–27) REASON FOR CONSIDERATION: A request has been submitted to permit the connection of a property (4799 Howard Street, Montclair, CA 91763) 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. 25–38– I–115, an Irrevocable Annexation Agreement with Vanpen Yoswattana at 4799 Howard Street, Montclair, CA 91763 (APN 1014–331–11–0000) (Case No. 2025–27), subject to any revision 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. 25–38–I–115 would allow a connection to the sanitary sewer system owned and operated by the City of Montclair for a 0.17–acre residential site within unincorporated San Bernardino County and the City’s Sphere of Influence. A City–owned, 8–inch diameter, sewer line is present and available in Howard Street adjacent to the property’s northern street frontage (see Exhibit A). The existing septic tank on–site is failing and the owner desires to connect to sewer.
The property is developed with an existing single–family residence and attached two car garage, built in 1961.
The proposed sewer connection request is consistent with the City’s policies and requirements. In exchange, the Agreement would require annexation of the property to the City when feasible at a future date. If approved by the City Council, staff will forward IAA No. 25–38–I–115 to the San Bernardino County Local Agency Formation Commission (LAFCO) for review and approval. Following City Council and LAFCO approvals, the IAA will be recorded against the property and become binding on future owners, heirs, successors, or assigns. Staff recommends City Council approve the proposed IAA to allow the requested City sewer connection for the property.
FISCAL IMPACT: The proposed IAA 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 services.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 38–I–115, an Irrevocable Annexation Agreement with Vanpen Yoswattana for 7499 Howard Street, Montclair, CA 91763 (APN 1012–331–11–0000), subject to any revisions deemed necessary by the City Attorney (Case no. 2025–27).
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 33 of 198 Recording Requested by:
Dinora Ochoa
City of Montclair
When Recorded Mail To:
Dinora Ochoa
Assistant Planner
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. 25-38-I-115
AN IRREVOCABLE ANNEXATION AGREEMENT
WITH THE CITY OF MONTCLAIR AND VANPEN YOSWATTANA
FOR THE PROPERTY AT 4799 HOWARD STREET, MONTCLAIR, CA 91763 (APN 1012-331-11)
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 34 of 198 Irrevocable Annexation Agreement 25-38-I-115 Page 1 of 4 AGREEMENT NO. 25-38-I-115
AN IRREVOCABLE AGREEMENT TO ANNEX
TO THE CITY OF MONTCLAIR
This agreement is entered into this ____ day of _____________, 2025, between Vanpen Yoswattana, hereinafter referred to as "Owner," and the City of Montclair hereinafter referred to as "City."
WHEREAS, Owner is the legal property owner of the real property located at 4799 Howard Street, Montclair, CA 91763, identified as Assessor’s Parcel Number 1012-331- 11), and further described as follows:
Lot 11 of Tract 4474, in the County of San Bernardino, State of California, as per map recorded in book 63, pages 70 through 72 inclusive of maps, in the office of the county recorder of said county.
WHEREAS, the subject property is approximately 0.17-acres in total size, and located within unincorporated San Bernardino County and the Sphere of Influence of the City of Montclair; and
WHEREAS, according to the County of San Bernardino Tax Assessor’s Office, the property records show a developed land; and
WHEREAS, the owner desires to connect a single-family residence with an attached garage, built in 1961, to a City-owned sewer line; and
WHEREAS, the existing on-site septic tank is failing and threatening to create a potential health and safety concern; and
WHEREAS, the Owner desires to connect the property as described above to the sanitary sewer system in Howard Street, 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 Owner’s property, but said annexation would cause a delay in connecting to said sewer line, which would create a substantial hardship for 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/her heirs, successors, and assigns.
NOW, THEREFORE, the party do agree as follows:
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 35 of 198 Agreement No. 25-38-1-115
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 Howard Street, 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 agrees to be bound by all City ordinances, rules, and regulations with respect to the sewer system. Owners agrees to pay monthly sewer charges beginning on the date the physical connection to the City’s sewer system is completed.
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 street up to the point where the lateral connects to the public sanitary sewer main. Property owner’s responsibilities include maintenance and repair of the lateral, overflow cleanup, and damages to 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 the said property to the City's standards, except that the County standard(s) shall apply when more restrictive than the City standard(s).
7. Owner 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.
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.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 36 of 198 Agreement No. 25-38-1-115
9. This agreement shall be recorded with the Office of the Recorder of the County of San Bernardino.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written.
CITY: OWNER:
CITY OF MONTCLAIR, CALIFORNIA Vanpen Yoswattana
John Javier Dutrey, Mayor Vanpen Yoswattana, Owner
Date: Date:
ATTEST:
Andrea M. Myrick, City Clerk
Date
APPROVED AS TO FORM:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 37 of 198
EXHIBIT A
CASE NO. 2025-27
Agreement No. 25-38-I-115
Project Address:
4799 Howard Street
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 38 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: PER250
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–39 WITH LIEBERT CASSIDY
WHITMORE FOR PARTICIPATION IN THE EAST INLAND EMPIRE EMPLOYMENT
RELATIONS CONSORTIUM AND PREMIUM LIEBERT LIBRARY SUBSCRIPTION, SUBJECT
TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City’s current Agreement with Liebert Cassidy Whitmore (LCW) for participation in the East Inland Empire Employment Relations Consortium (ERC) is scheduled for renewal on July 1, 2025. The City Council is requested to consider approval of proposed Agreement No. 25–39 with LCW, a copy of which is attached for the City Council’s review and consideration.
BACKGROUND: For over 30 years, the City of Montclair has participated in LCW’s East Inland Empire ERC. The City’s participation entitles officials and employees to receive group training sessions, unlimited free telephone consultations with the law firm’s attorneys, and a monthly employment relations newsletter. Participating agencies may also receive specialized training for an added cost. As laws related to employment relations are constantly evolving, participating in this consortium is crucial to keeping City employees abreast of such changes.
The contract’s renewal includes the Premium Liebert Library Subscription, which includes unlimited access to LCW workbooks in digital format and over 200 sample forms, model policies, and checklists that can be downloaded and used by staff as templates.
The term of the proposed Agreement is for July 1, 2025 to June 30, 2026.
FISCAL IMPACT: The annual fee for participating in the Consortium and renewing the subscription for the Liebert Library is $4,425. Funds to cover the cost are included in the Fiscal Year 2025–26 Budget.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–39 with Liebert Cassidy Whitmore for participation in the East Inland Empire Employment Relations Consortium and Premium Liebert Library Subscription, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 39 of 198 MO060
12971877.1 ER020-025
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the City of Montclair, A Municipal Corporation, hereinafter referred to as "Consortium Member," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "LCW" for the below described special services (“Agreement”). Consortium Member and LCW may be referred to herein individually as “Party” or collectively as “Parties.” WHEREAS Consortium Member has the need to secure expert training and consulting services to assist Consortium Member in its workforce management and employee relations; and WHEREAS LCW is specially experienced and qualified to perform the special services desired by the Consortium Member and is willing to perform such services; NOW, THEREFORE, Consortium Member and LCW agree as follows:
1. Term & Termination:
This Agreement is effective beginning July 1, 2025 through June 30, 2026.
2. LCW's Services:
During the Term of Contract, LCW will provide membership in a consortium, which includes the following Services to Consortium Member (and the other consortium members) in exchange for payment in full of the Fee defined below:
A. Five (5) days of group training workshops covering various trainings applicable to the Consortium.
B. Availability of LCW attorney for Consortium Member to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters.
The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney’s hourly rate. (See Additional Services section.)
C. Providing of a monthly newsletter covering employment relations developments.
D. Access to the Liebert Library at the PREMIUM subscription level.
3. Fee:
LCW will provide these special services to Consortium Member for a fee of $4,425.00 (Four Thousand Four Hundred Twenty Five Dollars) payable in one payment prior September 1, 2025. There is a $100 late fee for payments received by LCW after this date. The Fee will cover the above Services, including related development and distribution of written materials provided to attendees at the training programs (also “Materials”).
4. Additional Services:
LCW shall, as and when requested by Consortium Member, make itself available to Consortium Member to provide representational, litigation, and other services that are not included within the Services or Materials described herein (“Additional Services”). The Consortium Member will be billed for the actual time Additional Services are rendered, including reasonable travel time, plus any necessary and reasonable costs and expenses.
The range of hourly rates for attorney time is from Two Hundred Ninety Five to Four Hundred Eighty Five Dollars ($295.00 - $485.00) per hour for attorney staff, Three Hundred Fifteen Dollars ($315.00) per hour for Labor Relations/HR Consultant and from One Hundred Sixty Five to Two Hundred Thirty Dollars ($165.00 - $230.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one-tenth of an hour. LCW reviews its hourly rates on an Agreement No. 25-39
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 40 of 198 MO060
12971877.1 ER020-025
annual basis and if appropriate in its discretion, adjusts them effective July 1. LCW will provide the Consortium Member with written notification of any adjustments in the ranges of hourly rates.
5. Ownership & Use of Materials:
LCW shall have and retain ownership of all intellectual property rights. Consortium Member warrants they will not use LCW Material in other trainings without the expressed written permission of LCW. To the fullest extent permitted by law, Consortium Member hereby waives and release LCW, and each of their officers and employees (“Released Party(ies)”) from any and all claims, demands, damages, or liabilities, including, but not limited to, those for the ordinary negligence of a Released Party, claims for bodily injury, personal injury or illness, emotional distress, property damage, wrongful death, consequential damages, economic damages, infringement, and attorney’s fees and costs (“Claims” or “Claim”), which arise from or relate to Consortium Member’s unauthorized use of or modification of Material or breach of this Agreement. This release does not apply to a Released Party to the extent a Claim is caused by the willful misconduct or gross negligence of that Released Party.
6. No Representation or Warranty.
LCW does not make any specific promise, representation or warranty regarding the Materials. LCW is not responsible for updating the Materials and, as time passes, the Materials may become outdated or contrary to applicable laws. LCW does not guarantee that the Materials will meet the needs of the Consortium Member or achieve certain results. LCW provides the Materials “AS IS” and without any warranty of any kind and any use by Consortium Member is at their own risk. LCW expressly disclaims any and all warranties, including the implied warranty of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. To the fullest extent permitted by law, Consortium Member releases LCW from Claims arising from their use or modification of the Materials.
7. Miscellaneous.
This Agreement, and any Exhibits, represents the entire and integrated contract between Consortium Member and LCW, and supersedes all prior representations, or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining valid provisions will continue in full force and effect. The signators to this Agreement are authorized to execute this Agreement on behalf of and bind their respective Parties hereto. This Agreement may be executed in counterparts (including by electronic means), which taken together will form one legal instrument.
Agreement No. 25-39
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 41 of 198 MO060
12971877.1 ER020-025
ACCEPTED AND AGREED on the date indicated below:
LIEBERT CASSIDY WHITMORE
A Professional Corporation
Attn: Melanie Chaney
6033 W. Century Blvd., 5th Floor
Los Angeles, CA 90045
Email: [email protected]
CITY OF MONTCLAIR
A Municipal Corporation
By: By:
Melanie Chaney / Co-Managing Partner
Name:
Date: July 15, 2025 Title:
Date:
Agreement No. 25-39
Javier John Dutrey
Mayor
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 42 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: COC050
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–40 WITH THE MONTCLAIR CHAMBER
OF COMMERCE TO PROVIDE SERVICES TO PROMOTE LOCAL ECONOMIC
DEVELOPMENT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY
ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–40 with the Montclair Chamber of Commerce to provide services to strengthen and enhance local economic development activities.
A copy of proposed Agreement No. 25–40 is attached for review and consideration.
BACKGROUND: The Montclair Chamber of Commerce was organized in 1958 and has offered its services to the local business community since that time. The Montclair Chamber of Commerce promotes business growth and a business–friendly climate in the Montclair community.
Agreement No. 25–40 would provide funding to the Montclair Chamber of Commerce, a partner agency, for the following services to support economic development in the City of Montclair:
Monitor and aid in the retention, expansion, and development of existing businesses.
Promote Montclair as an attractive and prime location for business operations. Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations.
Endeavor to represent all business interests wherever located in the City of Montclair and to conduct its affairs in such a way as to benefit all businesses and areas of the City.
The term of Agreement No. 25–40 is July 1, 2025, through June 30, 2026.
FISCAL IMPACT: If approved by the City Council, the Montclair Chamber of Commerce would receive $25,000 for the 2025–26 Fiscal Year, payable in equal quarterly payments of $6,250. This amount was approved in the Fiscal Year 2025–26 Budget in the Economic Development Agency Assets Fund.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–40 with the Montclair Chamber of Commerce to provide services to promote local economic development, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 43 of 198 AGREEMENT NO. 25–40
ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MONTCLAIR
AND THE MONTCLAIR CHAMBER OF COMMERCE
THIS ECONOMIC DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 1st day of July, 2025, by the City of Montclair, hereinafter referred to as the ("CITY") and the Montclair Chamber of Commerce, hereinafter referred to as the ("CHAMBER").
1. RECITALS
a. The parties hereto agree that it is the best interest of the CITY and the CHAMBER to strengthen and enhance economic development activities within the CITY through an Agreement renewed annually by the close of each current fiscal year. b. The parties hereto agree that all funding provided by the CITY for this venture will be expended to fulfill a public purpose, that is economic development, and that periodic auditing will be performed in order to assure that the funds provided by the CITY will be utilized only for public purposes as set forth herein.
2. AGREEMENT
a. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties here to agree as follows:
ARTICLE 1 – RECITALS
The parties acknowledge and agree that above state recitals are true and correct and incorporated herein by reference.
ARTICLE 2 – SERVICES
The CHAMBER desires to engage in economic development efforts for the CITY area which shall include, but not limited to, the following:
a. Employ a President/CEO who is an economic development professional with the requisite knowledge, skills, expertise necessary to lead the economic development efforts.
b. Advise private business concerns located within the CITY, existing business and the business community of the available opportunities within the CITY and within its utilities service area of which they may take advantage and counsel them regarding their suitability to participate in available county, state, and federal economic development programs and grants. c. Monitor and aid in the retention, expansion and development of existing businesses.
d. Advise and counsel private business concerns about the development of infrastructure plans for the expansion of business districts and the creation MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 44 of 198 AGREEMENT NO. 25–40
of business and industrial parks.
e. Advise and counsel private business concerns of strategies designed to foster the best possible pro–business environment within the CITY. f. Promote the CITY as a location for business operations, clean manufacturing, and research and development companies.
g. Serve as an information source for those interested in economic development and provide relevant referrals to all requests for economic development information, including up–to–date trade area demographics and inventories of available property (retail, industrial, office, etc.). h. Provide a CHAMBER web page to be linked to the CITY's web site. The web page shall be updated continuously to provide the most current information concerning economic development in the CITY and surrounding trade area for the purpose of furthering the mission of the CHAMBER. i. Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations. j. Endeavor to represent all business interests wherever located in the CITY and to conduct its affairs in such a way as to benefit all businesses and areas of the CITY.
k. Host the annual State of the City address in collaboration with the CITY's Economic Development Coordinator, CITY staff, and the CITY Council.
ARTICLE 3 – PLACE OF WORK
It is understood that the CHAMBER will on an annual basis administer services largely at 9916 Central Avenue, Montclair, California 91763 and/or at a designated CITY facility; although the CHAMBER will, on request, come to City Hall or such other places as designated by the CITY to meet with CITY's representatives.
ARTICLE 4 – PAYMENT
The CITY will pay the CHAMBER the total sum of $25,000 annually payable in equal quarterly payments of $6,250 on or before the 30th day of the beginning of each quarter.
ARTICLE 5 – REPORTING
a. The CHAMBER will submit and present to the CITY annually a receipt and expenditure report on the use of CITY funds.
ARTICLE 6 – RELATIONSHIP OF PARTIES
a. The CHAMBER is an independent entity and not a department, agency or subdivision of the CITY. The CITY and the CHAMBER are two separate and autonomous entities.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 45 of 198 AGREEMENT NO. 25–40
b. CHAMBER is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this Agreement on behalf of CHAMBER shall at all times be under CHAMBER's exclusive direction and control and shall not be construed to be employees of CITY for any purpose, including eligibility under Public Employees Retirement Law.
Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CHAMBER or any of CHAMBER's officers, employees, or agents, except as set forth in this Agreement. CHAMBER shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY.
CHAMBER shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner. No employee benefits shall be available to CHAMBER in connection with the performance of this Agreement. Except for the fees paid to CHAMBER as provided in the Agreement CITY shall not pay salaries, wages, or other compensation to CHAMBER for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CHAMBER for injury or sickness arising out of performing services hereunder.
c. The CITY and the CHAMBER acknowledge that this Agreement is not a delegation of any public function of the CITY and that neither party will play an integral part in either party's decision–making process by reason of this Agreement.
ARTICLE 7 – DURATION
a. The initial term of this Agreement shall be for a period of one (1) year commencing July 1, 2025, and continuing through June 30, 2026; this AGREEMENT may be renewed annually.
b. Either party may terminate this Agreement upon ninety (90) days written notice to the other party.
c. Any notice required or allowed hereunder shall be in writing and sent by certified mail, return receipt requested, or in person with proof of delivery, to the address first listed above, or such other addresses as either party shall have specified by written notice to the other party delivered in accordance herewith.
ARTICLE 8 – NONDISCRIMINATION
a. The CHAMBER shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, age, religion, ancestry, national origin, handicap, or marital status or as otherwise prohibited by applicable law.
ARTICLE 9 – MISCELLANEOUS
a. The CHAMBER acknowledges that the CITY, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 46 of 198 AGREEMENT NO. 25–40
or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void; and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreement for a period of exceeding one year, but any agreement so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the CITY's performance and obligation to pay under this Agreement is contingent upon annual appropriation.
b. The CHAMBER shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws.
c. The CHAMBER shall at all times maintain its status as a private not–for–profit corporation, organized and created under the laws of the State of California. d. This Agreement may be modified or amended by mutual written agreement of the parties, duly executed by both parties.
e. This Agreement contains all the terms and conditions agreed upon by the parties.
f. This Agreement shall be governed and construed in accordance with the laws of the State of California. The venue of any legal action to enforce or interpret this Agreement shall be in San Bernardino County, California. g. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. h. In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. i. If any party seeks to enforce or interpret this Agreement through litigation, each party shall bear its own attorney's fees and costs incurred. j. Each person executing this Agreement warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind the parties hereto.
k. The CHAMBER shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The CHAMBER shall at all times observe and comply with all such laws and regulations. The CITY and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CHAMBER to comply with this Section.
l. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 47 of 198 AGREEMENT NO. 25–40
respect to the economic development activities during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for work to be performed in connection with the activities performed under this Agreement. m. CHAMBER agrees to defend, indemnify, and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CHAMBER, its officers, employees, agents, or volunteers in connection with CHAMBER's performance of its obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
"CITY" “CHAMBER”
City of Montclair Montclair Chamber of Commerce
5111 Benito Street 9916 Central Ave
Montclair, CA 91763 Montclair, CA 91763
(909) 626–8571 (909) 985–5104
CITY CHAMBER
By: By:
Javier John Dutrey, Mayor Steve Hammitt, Chair
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 48 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: ADM110–05
DEPT.: CITY MGR.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–41 WITH CIVIC PUBLICATIONS, INC.,
FOR PUBLIC EDUCATION AND COMMUNITY OUTREACH SERVICES, SUBJECT TO ANY
REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–41 with Civic Publications, Inc., to provide public education and community outreach services. The City Council approves agreements for professional services.
A copy of proposed Agreement No. 25–41 with Civic Publications is attached for City Council review and consideration.
BACKGROUND: The City of Montclair periodically provides outreach services to the community through the publication of printed mailers that provide factual content directed at bringing public awareness to civic issues and community events.
In recent years, however, progressive and routine changes in technology have produced a population increasingly sophisticated and diverse in the way it consumes and accesses information. Today, these information sources have grown beyond traditional printed media to encompass and embrace digital formats that include the internet, social media, e–mail, texting, and smartphone application–based programs.
Civic Publications, Inc. (Civic) is a multimedia company located in La Verne that specializes in media, content development, and public outreach for public agencies.
Civic works with public agencies to create, coordinate, and distribute public information to help bring awareness and understanding to complex issues on matters of civic importance. Civic prides itself in its ability to articulate city services, projects, and issues with facts, clarity, and transparency to achieve community awareness.
Civic is owned and operated by Chris Lancaster. Mr. Lancaster founded Civic to extend public affairs services to a wide range of government agencies, with expertise in transit, environmental, and public benefit messaging.
Prior to starting Civic, Mr. Lancaster worked as Director of Government Relations and New Business Development for the Los Angeles Newspaper Group, comprising eight daily newspapers in the Los Angeles and San Bernardino Counties with a daily readership of more than 1.6 million.
Mr. Lancaster has more than 20 years of experience managing public affairs content and media for Southern California public agencies, including municipalities, environmental agencies, transit agencies, and public safety agencies. Mr. Lancaster has also held public office, including election to the Covina City Council, and has been a candidate for state office. His years of public service provide a unique approach toward understanding how best to communicate to the public complex issues on matters of civic importance.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 49 of 198 Publication Format
Civic has developed public education and awareness campaigns for numerous public agencies including the Sanitation Districts of Los Angeles County; Bureau of Sanitation of the City of Los Angeles; the cities of Vernon and Industry, municipal water districts; Los Angeles Metropolitan Transportation Authority; Los Angeles County Department of Public Works; Los Angeles County Sheriff’s Department, and solid waste disposal companies. Civic has been engaged by the City in prior years to produce public educational and outreach materials.
Under proposed Agreement No. 25–41, public education and outreach may include updating the public on proposed development and public works projects, upcoming attractions and events, important advisory messages, public safety services, progress on transit development, City finances, grant applications, and any other relevant and important general government services information.
In order to fully achieve communications outreach with City residents and the business community, staff recommends utilizing services offered by Civic to include newsletter, e–mail, and digital display ad media formats and City website maintenance for related public outreach pages.
The scope of services included in proposed Agreement No. 25–41 includes the following:
production, printing, and delivery of a 16–page newsletter; distribution of the newsletter by direct mail to every household in the City; provision of English and Spanish language electronic versions of the newsletter; and distribution of electronic versions of the newsletter to businesses and community members.
FISCAL IMPACT: Approval of Agreement No. 25–41 between the City of Montclair and Civic Publications, Inc., for public education and community outreach would result in a cost to the City of $30,015.
The costs associated with Agreement No. 25–41 were incorporated in the Fiscal Year 2025–26 Administrative Services Department Budget.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 41 with Civic Publications, Inc., for public education and community outreach services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 50 of 198 Inc.
Christopher W. Lancaster
Publisher
909.524.8952 I www.civicpubs.com
3355 N. White Ave #7160 I La Verne, CA 91750
CIVIC Publications,
fgdf
April 15, 2025
Edward C. Starr
City Manager
City of Montclair
5111 Benito St.
Montclair, CA 91763
Re: Agreement for the Production of an Annual Newsletter Dear Mr. Starr,
I am pleased to submit this agreement for Civic Publications Inc. to assist the City of Montclair in the development of its annual newsletter intended for distribution to the residents of Montclair.
Civic Publications, Inc. specializes in providing communications outreach solutions for public agencies, delivering accurate content, and illuminating community and civic issues without promoting any particular stance. Our mission is to inform the public impartially.
The newsletter aims to explain city services clearly and enhance awareness of projects, decisions, and funding, thereby ensuring that the residents of Montclair are well-informed. Our effective communication solutions will simplify the complexities inherent in city hall decisions and issues, contextualizing them within planning, specific projects, and associated benefits and costs for years to come.
The expense for developing a 16-page newsletter and its distribution to the residents of Montclair is $30,015.00. (same as last year).
Please refer to the attached agreement for a comprehensive outline of the scope of services.
I appreciate the opportunity to submit this agreement and look forward to creating a cost-effective newsletter that not only meets the needs of the City but also upholds the highest standards of public interest.
Respectfully submitted,
Agreement No. 25–41
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 51 of 198 Inc.
Christopher W. Lancaster
Publisher
909.524.8952 I www.civicpubs.com
3355 N. White Ave #7160 I La Verne, CA 91750
CIVIC Publications,
fgdf
PUBLIC OUTREACH AGREEMENT
This agreement is between the City of Montclair and Civic Publications Inc.
This agreement confirms that the city of Montclair has acquired the services of Civic Publications Inc. to assist the City with the development of a newsletter .
The scope of services includes:
1. Compose, design, arrange, print, and distribute a 16-page newsletter.
2. The newsletter is to be disseminated via direct mail to every residence and business in the City of Montclair.
3. Offer an electronic version in both English and Spanish for the city’s website.
4. Circulate the English e-edition of the newsletter to 22,000 email addresses within the City of Montclair.
Total cost for services: $30,015.00 (same as 2024)
Civic Publications, Inc. agrees to provide all services listed in this agreement, and the City of Montclair agrees to pay Civic Publications, Inc. a total of $30,015.00 All terms of this agreement are to be fulfilled by November 30, 2025 April 15, 2025
________________________________
Civic Publications, in Date
________________________________
Javier John Dutrey, Mayor Date
Agreement No. 25–41
Attest:
_________________________________
Andrea Myrick, City Clerk Date
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 52 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: EDD100
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–42 WITH UNIVERSITY ENTERPRISES
CORPORATION AT CALIFORNIA STATE UNIVERSITY SAN BERNARDINO TO PROVIDE
TECHNICAL ASSISTANCE AND OUTREACH SERVICES TO SMALL BUSINESSES, SUBJECT
TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–42 with University Enterprises Corporation at California State University San Bernardino to provide technical assistance and outreach services to small businesses.
A copy of proposed Agreement No. 25–42 with University Enterprises Corporation at California State University San Bernardino is attached for City Council review and consideration.
BACKGROUND: The University Enterprises Corporation at California State University San Bernardino (UEC) is a 501(c)(3) nonprofit corporation that provides a vast array of technical assistance to small businesses and aspiring entrepreneurs throughout the Inland Empire and functions as the business enterprise center for California State University San Bernardino (CSUSB). UEC serves as the grantee for federal, state, and local funding for research and sponsored projects for CSUSB.
UEC partners with the Inland Empire Center for Entrepreneurship, California State University San Bernardino (Small Business Development Center, Women’s Business Development Center, and Inland Center for Entrepreneurship CSUSB), California State University San Bernardino, America’s Small Business Development Center, and United States Small Business Administration.
Agreement No. 25–42 would provide funding to the UEC, a partner agency, for the following services to support small businesses and aspiring entrepreneurs in the Montclair community.
a. Provide technical assistance related to business planning, loan proposals, finance, bookkeeping, taxes and licenses, marketing, management, human resources, and government procurement procedures.
b. Provide business seminars and workshops to residents and businesses. c. Monitor and aid in the retention, expansion and development of existing businesses.
d. Advise and counsel businesses about business plan development, start–up requirements, business management, and expansion strategies. e. Advise and counsel businesses related to marketing, advertising, financial analysis, and human resources management.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 53 of 198 f. Advise and counsel businesses related to government procurements, funding sources, resources referrals, patents, trademarks, and copyrights. g. Advise and counsel businesses related to loan applications, buying and selling a business, franchising, and social media and internet marketing. h. Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations. i. Host a minimum of four (4) business seminars/workshops to residents and businesses at a designated CITY facility or such other places as designated by the CITY.
j. Attend the monthly Montclair Chamber of Commerce breakfast meeting as well as other networking events periodically hosted by the Montclair Chamber of Commerce.
k. Host a minimum of two (2) networking events in partnership with the Montclair Chamber of Commerce and provide financial support towards the two (2) networking events up to a total combined amount of $5,000.
The University Enterprises Corporation at California State University San Bernardino (UEC)
UEC provides no–cost extensive long–term professional business advising, low–cost training, and other specialized services to local businesses and residents.
Beyond its core services, the UEC provides specialized assistance in QuickBooks, franchise and service–based operations, government contracting, website search engine optimization, and securing funding from both traditional and nontraditional sources.
UEC staff members include certified QuickBooks ProAdvisors who can assist businesses with accounting systems, marketing specialists who can help businesses attract new clients and increase sales, loan consultants with lending preference knowledge, tax specialist for personnel, self–employment, etc., and procurement specialists who can help business bid on local, state, and federal solicitations.
UEC partners with the Economic Development Departments of San Bernardino and Riverside Counties, and the Cities of Chino, Hesperia, Moreno Valley, Rancho Cucamonga, Riverside, San Bernardino, Victorville, and Upland. UEC is also currently negotiating agreements with several other surrounding agencies.
FISCAL IMPACT: Proposed Agreement No. 25–42 with UEC would result in a cost to the City of Montclair of $25,000. The costs associated with Agreement No. 25–42 were incorporated in the Fiscal Year 2025–2026 Budget in the Economic Development Agency Budget
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 25–42 with the University Enterprises Corporation at California State University San Bernardino to provide technical assistance and outreach services to small businesses, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 54 of 198 AGREEMENT NO. 25–42
ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MONTCLAIR
AND UNIVERSITY ENTERPRISES CORPORATION AT CSUSB
THIS ECONOMIC DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 1st day of July, 2025, by the City of Montclair, hereinafter referred to as the ("CITY") and University Enterprises Corporation at CSUSB, hereinafter referred to as (“UEC”), for itself and on behalf of Inland Empire Small Business Development Center, hereinafter referred to as the ("IESBDC").
1. RECITALS
a. The parties hereto agree that it is the best interest of the CITY and the UEC to provide business–related technical assistance to residents and business owners located in the CITY through an Agreement renewed annually by the close of each current fiscal year.
b. The parties hereto agree that all funding provided by the CITY for this venture will be expended to fulfill a public purpose, that is economic development, and that periodic auditing will be performed in order to assure that the funds provided by the CITY will be utilized only for public purposes as set forth herein.
2. AGREEMENT
a. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties here to agree as follows:
ARTICLE 1 – RECITALS
The parties acknowledge and agree that above state recitals are true and correct and incorporated herein by reference.
ARTICLE 2 – SERVICES
The UEC desires to provide business–related technical assistance to residents and business owners located in the CITY, which shall include, but are not limited to the following:
a. Provide technical assistance related to business planning, loan proposals, finance, bookkeeping, taxes and licenses, marketing, management, human resources, and government procurement procedures.
b. Provide business seminars and workshops to residents and businesses. c. Monitor and aid in the retention, expansion and development of existing businesses.
d. Advise and counsel businesses about business plan development, start–up requirements, business management, and expansion strategies.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 55 of 198 AGREEMENT NO. 25–42
e. Advise and counsel businesses related to marketing, advertising, financial analysis, and human resources management.
f. Advise and counsel businesses related to government procurements, funding sources, resources referrals, patents, trademarks, and copyrights. g. Advise and counsel businesses related to loan applications, buying and selling a business, franchising, and social media and internet marketing. h. Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations. i. Host a minimum of four (4) business seminars/workshops to residents and businesses at a designated CITY facility or such other places as designated by the CITY.
j. Attend the monthly Montclair Chamber of Commerce breakfast meeting as well as other networking events periodically hosted by the Montclair Chamber of Commerce.
k. Host a minimum of two (2) networking events in partnership with the Montclair Chamber of Commerce and provide financial support towards the two (2) networking events up to a total combined amount of $5,000.
ARTICLE 3 – PLACE OF WORK
It is understood that the IESBDC will on an annual basis administer services largely at 9916 Central Avenue, Montclair, California 91763 and/or at a designated CITY facility; although the IESBDC will, on request, come to City Hall or such other places as designated by the CITY to meet with CITY's representatives.
ARTICLE 4 – PAYMENT
The CITY will pay the UEC the total sum of $25,000 annually payable in equal quarterly payments of $6,250 on or before the 30th day of the beginning of each quarter.
ARTICLE 5 – REPORTING
a. The UEC will submit and present to the CITY annually a receipt and expenditure report on the use of CITY funds.
ARTICLE 6 – RELATIONSHIP OF PARTIES
a. The UEC is an independent entity and not a department, agency or subdivision of the CITY. The CITY and the UEC are two separate and autonomous entities.
b. UEC is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this Agreement on behalf of UEC shall at all times be under UEC's exclusive direction and control MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 56 of 198 AGREEMENT NO. 25–42
and shall not be construed to be employees of CITY for any purpose, including eligibility under Public Employees Retirement Law. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of UEC or any of UEC's officers, employees, or agents, except as set forth in this Agreement. UEC shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. UEC shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner. No employee benefits shall be available to UEC in connection with the performance of this Agreement. Except for the fees paid to UEC as provided in the Agreement CITY shall not pay salaries, wages, or other compensation to UEC for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to UEC for injury or sickness arising out of performing services hereunder.
c. The CITY and the UEC acknowledge that this Agreement is not a delegation of any public function of the CITY and that neither party will play an integral part in either party's decision–making process by reason of this Agreement.
ARTICLE 7 – DURATION
a. The initial term of this Agreement shall be for a period of one (1) year commencing July 1, 2025, and continuing through June 30, 2026; this AGREEMENT may be renewed annually.
b. Either party may terminate this Agreement upon ninety (90) days written notice to the other party.
c. Any notice required or allowed hereunder shall be in writing and sent by certified mail, return receipt requested, or in person with proof of delivery, to the address first listed above, or such other addresses as either party shall have specified by written notice to the other party delivered in accordance herewith.
ARTICLE 8 – NONDISCRIMINATION
a. The UEC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, age, religion, ancestry, national origin, handicap, or marital status or as otherwise prohibited by applicable law.
ARTICLE 9 – MISCELLANEOUS
a. The UEC acknowledges that the CITY, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void; and no money may be paid on such agreement. Nothing herein contained shall prevent the making MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 57 of 198 AGREEMENT NO. 25–42
of agreement for a period of exceeding one year, but any agreement so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the CITY's performance and obligation to pay under this Agreement is contingent upon annual appropriation.
b. The UEC shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws.
c. The UEC shall at all times maintain its status as a private not–for–profit corporation, organized and created under the laws of the State of California. d. This Agreement may be modified or amended by mutual written agreement of the parties, duly executed by both parties.
e. This Agreement contains all the terms and conditions agreed upon by the parties.
f. This Agreement shall be governed and construed in accordance with the laws of the State of California. The venue of any legal action to enforce or interpret this Agreement shall be in San Bernardino County, California. g. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. h. In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. i. If any party seeks to enforce or interpret this Agreement through litigation, each party shall bear its own attorney's fees and costs incurred. j. Each person executing this Agreement warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind the parties hereto.
k. The UEC shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The UEC shall at all times observe and comply with all such laws and regulations. The CITY and its officers and employees, shall not be liable at law or in equity occasioned by failure of the UEC to comply with this Section.
l. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the economic development activities during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for work to be performed in connection with the activities performed under this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 58 of 198 AGREEMENT NO. 25–42
m. UEC agrees to defend, indemnify, and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of UEC, its officers, employees, agents, or volunteers in connection with UEC's performance of its obligations under this Agreement. . UEC shall not be liable for any acts or omissions of CITY, its officers, employees, agents and volunteers.
n. CITY agrees to defend, indemnify, and hold harmless UEC, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CITY, its officers, employees, agents or volunteers in connection with CITY’s performance of its obligations under this Agreement. CITY shall not be liable for any acts or omissions of UEC, its officers, employees, agents and volunteers.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
"CITY" “UEC”
City of Montclair University Enterprises Corporation
5111 Benito Street California State University, San Bernardino Montclair, CA 91763 5500 University Parkway
San Bernardino, CA 92407
CITY UEC
By: By:
Javier John Dutrey, Mayor Julie Wessel, Interim Sponsored Programs Director
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 59 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: HSV020
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–43 WITH MISHA L. PENN TO PROVIDE
GRANT MANAGEMENT AND FISCAL COMPLIANCE SERVICES FOR THE HUMAN
SERVICES DEPARTMENT
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–53 with Misha L. Penn to provide grant management and fiscal compliance services for the Human Services Department.
A copy of proposed Agreement No. 24–53 is attached for City Council review and consideration.
BACKGROUND: Healthy Montclair is part of a countywide effort to improve the health and well–being of all county residents by creating healthy environments and promoting healthy life choices. The purpose of the Healthy Montclair Initiative is to achieve an excellence in quality of life for those who live, work, learn, play, eat, and shop in Montclair. Healthy Montclair defines health as a state of complete physical, mental, and social flourishing and not merely the absence of disease or infirmity.
As part of the Healthy Montclair Initiative, the Human Services Department applies for and receives grant funding for various programs from private foundations, San Bernardino County, and the State of California—some of which include Federal Funding.
For the past twelve years, Misha Penn has supported the Human Services Department in its grant management and fiscal compliance. Misha Penn has a bachelor’s degree in Business Administration and a combined thirty–six years of experience in contract management, grant compliance, program finance, and project implementation covering public, private, and non–profit sectors. Under this proposed contract services agreement, Misha L. Penn will continue to support the Human Services Department as an independent contractor.
FISCAL IMPACT: This contractual obligation of $36,000 will be funded with existing Human Services Department grant budgets allocated and approved within the Fiscal Year 2025–26 Human Services Department Budget. Should the City Council approve Agreement No. 25–43, there would be no adverse impact to the City’s General Fund. The term of proposed Agreement No. 25–43 is July 1, 2025 through June 30, 2026.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–43 with Misha L. Penn to provide grant management and fiscal compliance services for the Human Services Department.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 60 of 198 Agreement No. 25–43
1 CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
HUMAN SERVICES - PROGRAM FISCAL AND CONTRACT COMPLIANCE THIS AGREEMENT is made and effective as of July 1, 2025 between the City of Montclair, a municipal corporation (“City”) and Misha L. Penn, a California sole proprietor (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2025 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than June 30, 2026 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s Human Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s Human Services Director shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full.
This amount is subject to receipt of grant funding and shall not exceed $36,000 for the MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 61 of 198 Agreement No. 25–43
2 total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.
The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City.
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 62 of 198 Agreement No. 25–43
3 the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 63 of 198 Agreement No. 25–43
4 misconduct of Consultant, including its subcontractors, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent Consultants, subconsultants/subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subconsultants/subcontractors, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subconsultants/subcontractors and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subconsultant, Subcontractor, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subconsultant, Subcontractor or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subconsultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 64 of 198 Agreement No. 25–43
5 actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, nonowned and hired autos, or the exact equivalent, with minimum limits of $100,000 for bodily injury and property damage, each accident.
If Consultant owns no vehicles, auto liability coverage may be MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 65 of 198 Agreement No. 25–43
6 provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Workers’ Compensation: If applicable, Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by Section (a)(1) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability”
3. Restrict coverage to the “Sole” liability of consultant
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Contract) (2) The policy or policies of insurance required by Section (a)(2) Workers’ Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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7 11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation or benefits to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) In regard to the professional services provided by Consultant and defined in Exhibit “A,” City and Consultant specifically agree as follows:
(1) While Consultant may perform certain services at the premises of City, Consultant is not required to do so and may perform services at her separate business location.
(2) With the exception of agreed upon project completion dates and the agreement the Consultant will be available at reasonable business hours, the Consultant shall have the ability to set his/her own hours of operation.
(3) Consultant represents that the services he/she performs under this Agreement are the same services Consultant is customarily engaged in his/her business. City acknowledges that Consultant does not perform services exclusively for City and that Consultant performs or is available to perform these same services to other clients. (4) Consultant will use his/her own discretion and independent judgment in the performance of the services rendered for City under the terms of this Agreement.
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8 12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 68 of 198 Agreement No. 25–43
9 similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.
However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: Marcia Richter
Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Misha L. Penn
808 Cloverview Drive
Glendora, CA 91741
17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Because of the personal nature of the services to be rendered pursuant to this Agreement, only Misha L. Penn, shall perform the services described in this Agreement.
Consultant’s responsible employee may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 69 of 198 Agreement No. 25–43
10 provide City fourteen (14) days’ notice prior to the departure of the responsible employee from Consultant’s employ. Should he leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.
22. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
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11 23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MONTCLAIR CONSULTANT
By: By:
Javier John Dutrey, Mayor Misha L. Penn, Consultant
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 71 of 198 Agreement No. 25–43
12 EXHIBIT A
During the term of this Agreement and in accordance with Section 2, CONSULTANT shall provide the services described below:
a) Share technical expertise and provide guidance to the Human Services staff on the basics of public and private contracting, contract administration, project management, cost control, and project scheduling.
b) Support and advise Human Services staff on action planning including prioritization and identification of best practices to consider for department activities, projects, and grant–funded programs.
c) Provide guidance and technical assistance for grant contract and subcontract compliance including requirements unique to state and federally-funded fixed price and cost reimbursement contract types, which may include but are not limited to the County of San Bernardino’s Department of Aging and Adult Services, the California Office of Traffic Safety, the Southern California Association of Governments, as well as other private foundations. d) Provide guidance and technical assistance in drafting agreements/subcontracts and proper flowdown of contract requirements. e) Provide guidance and technical assistance for grant proposals/applications and grant fiscal reporting.
f) Support preparation for grant contract administrative and fiscal compliance monitoring.
g) Support and advise on short–term capacity building priorities for Human Services’ staff.
h) Support and advise on mid–term capacity building priorities for marketing, communications, training, adaptability to change, and basic infrastructure issues.
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13 EXHIBIT B
Payment Schedule
Month Amount
July $3,000.00
August $3,000.00
September $3,000.00
October $3,000.00
November $3,000.00
December $3,000.00
January $3,000.00
February $3,000.00
March $3,000.00
April $3,000.00
May $3,000.00
June $3,000.00
Total $36,000.00
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 73 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: HSV044
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–44 WITH ONTARIO–MONTCLAIR
SCHOOL DISTRICT TO PROVIDE CASE MANAGEMENT SERVICES
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–44 with the Ontario–Montclair School District (OMSD) to continue to provide case management services.
BACKGROUND: In December 1999, the City Council approved Agreement No. 99–108 with OMSD to provide licensed clinical social worker (LCSW) services for the Montclair Community Collaborative's (MCC) case management program. This original contract was designed as a partnership between the City of Montclair and OMSD whereby each agency contributes a portion of the salary and benefits for the LCSW position.
OMSD has reorganized and MCC is now the Health & Wellness Department. Further, the partnership has expanded with OMSD’s Case Management program, two Clinical Supervisors and various social work interns are now providing services to the City. The Case Management Program works with other service delivery providers to intervene and assist at–risk children and adults in the Montclair community. Through the case management system and coordination of services with other professionals including Police and Code Enforcement Officers, Child or Adult Protective Services, community– based organizations, and mental health professionals, there is a higher level of effectiveness and less duplication of services. In addition, the case management program will provide emergency case management services as needed to Human Services programs beyond the normal operating hours of the school district, as needed.
FISCAL IMPACT: Should the City Council approve Agreement No. 25–44, the City’s contractual obligation for the case management program will be $5,000 per month at a total cost of $60,000 for the term of the agreement. The funding for proposed Agreement No. 25–44 was allocated and approved within the fiscal year 2025–2026 Human Services Department budget. The term of proposed Agreement No. 25–44 is July 1, 2025, through June 30, 2026.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 44 with Ontario–Montclair School District to provide case management services.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 74 of 198 Agreement No. 25–44
CITY OF MONTCLAIR
5111 BENITO STREET
MONTCLAIR, CALIFORNIA 91763
(909) 626-8571
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into this 1
st day of July 2025 by and between
the City of Montclair, hereinafter referred to as the “CITY,” and the Ontario-Montclair School District, hereinafter referred to as the “CONSULTANT.”
1. Services To Be Performed by Consultant.
(a) CONSULTANT agrees to perform the services as set forth in Exhibit “A” to this Agreement on the dates and times mutually agreed upon by CONSULTANT and CITY. (b) CONSULTANT may, at CONSULTANT’s own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement.
(c) CONSULTANT is, and shall at all times be deemed to be an independent contractor, and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between CITY and CONSULTANT’s agent or employees. CONSULTANT assumes exclusively the responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment, CONSULTANT, its agents and employees, shall not be entitled to any rights and/or privileges of CITY’s employees and shall not be considered in any manner to be CITY’s employees.
2. Compensation.
(a) Except as otherwise provided in the Agreement, CITY agrees to compensate CONSULTANT for services rendered under the Agreement in the total amount of $5,000 per month. (b) CITY will pay no additional amount for travel or other expenses of CONSULTANT under this Agreement.
(c) CONSULTANT will invoice CITY for each month of service through the contract term.
(d) CITY will not withhold any federal or state income tax for payment made pursuant to this Agreement, but will provide CONSULTANT with a statement of earnings at the end of each calendar year. CONSULTANT is hereby advised that such statement of earnings shall, if required, be provided to the Internal Revenue Service and the State Franchise Tax Board.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 75 of 198
3. Term of Agreement
The term of this Agreement is from July 1, 2025 through June 30, 2026, unless sooner terminated, pursuant to the provisions of Section 6 of this Agreement. CITY and CONSULTANT may mutually agree in writing to extend the term of this Agreement provided, however, CITY shall not be obligated to pay CONSULTANT any additional consideration unless CONSULTANT undertakes additional services, in which instance the consideration shall be increased as CITY and CONSULTANT shall agree in writing.
4. Obligations of Consultant.
(a) During the term of this Agreement, CONSULTANT agrees to diligently prosecute the work specified in the attached “Description of Services” to completion. CONSULTANT may represent, perform services for, and be employed by such additional clients, persons, or companies as CONSULTANT, in CONSULTANT’s sole discretion, sees fit. (b) At all times during the term of this Agreement, CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’s employees and agents as required by law. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement.
(c) CONSULTANT shall defend, indemnify and hold CITY and its Council Members, officers, employees, agents and staff harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), claims for injury or damages arising out of the performance of or in connection with this agreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the improper conduct and/or negligence or intentional acts or omissions of CONSULTANT, its officers, employees, agents or staff.
(d) Neither this Agreement nor any duties or obligations under this Agreement may by assigned by CONSULTANT without the prior written consent of CITY.
5. Obligations of City.
(a) CITY agrees to comply with all reasonable requests by CONSULTANT and to provide access to all documents reasonably necessary for the performance of CONSULTANT’s duties under this Agreement.
(b) CITY shall defend, indemnify and hold CONSULTANT and its Board Members, officers, employees, agents and staff harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), claims for injury or damages arising out of the performance of or in connection with this agreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the improper conduct and/or negligence or intentional acts or omissions of CITY, its officers, employees, agents or staff.
6. Termination of Agreement.
(a) Unless otherwise terminated as provided below, this Agreement shall continue in force during the term of the Agreement, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 76 of 198 (b) Should CONSULTANT default in the performance of this Agreement or breach any of its provisions, CITY may terminate this Agreement by giving written 90-day notification to CONSULTANT.
(c) If at any time during the performance of this Agreement CITY determines, at its sole discretion, to suspend indefinitely or abandon the work under this Agreement, CITY shall have the right to terminate the performance of CONSULTANT’s services hereunder by giving written notification to CONSULTANT of its intention to terminate. (d) In the event that CITY terminates this Agreement under paragraph (b) or (c) of this Section, CONSULTANT shall only be paid for those services rendered to the date of termination. All cash deposits made by CITY to CONSULTANT, if any, shall be refundable to CITY in full termination of this Agreement unless specified to the contrary below.
7. General Provisions.
(a) Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices shall be deemed given and served upon delivery personally, or three (3) days after depositing in the United States Mail. Mailed notices shall be addressed to the parties at the addresses set forth in this Agreement for CITY and CONSULTANT. The foregoing addresses may be changed by written notice to the other party as provided herein. (b) CITY and CONSULTANT mutually agree that for copyright purposes, any written material or any copyrightable work of any nature created by CONSULTANT pursuant to this Agreement shall be owned by CONSULTANT and shall not be considered a “work made for hire” as such term is defined in Title 17 of the United States Code, Section 101, and that CITY shall own all of the rights comprised in the copyright of said written material or copyrightable work. (c) This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any matter whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing, signed by both parties, except CITY may unilaterally amend the Agreement to accomplish the changes listed below:
1. Increase dollar amount;
2. Administrative changes; and
3. Changes as required by law.
(d) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
(e) This Agreement shall be governed by and construed in accordance with the laws of the State of California.
(f) Pursuant to and in accordance with the provisions of Government Code Section 8546.7, or any amendment thereto, all books, records and files of CITY, CONSULTANT, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 77 of 198 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 78 of 198 Exhibit A
Description of Services
Services to be initiated through the attached agreement will be performed through the OntarioMontclair School District Health & Wellness Department, formerly Montclair Community Collaborative (MCC). The following description of services specify the scope of work for CONTRACTOR which include:
1) Assist City with coordination of the case management system by working with City staff from all departments. Primary City interactions will occur through the Human Services Department.
a. The main contact will be the Clinical Services Supervisors between 7:30 am-4:30 pm Monday through Friday. If services are needed after 4:30 pm, City Staff will contact Cara Molina, the Executive Director of the Health & Wellness Department at 909-717- 7247 or via email at [email protected].
2) Follow all protocol, mandates, and confidentiality laws while providing case management services and receiving referrals through designated City of Montclair staff. 3) Work with school district, County, and other service providers to implement case management services.
4) Process assessment and intakes for referred individuals and gather necessary information from referring City staff, school, family members, and other service providers as needed.
Maintain appropriate records.
5) Provide triage for counseling services as needed.
6) Oversee the extension of services through the supervision of bachelors' level interns.
Interns will provide allied case management services.
7) Provision of services will occur through the City of Montclair Human Services Department as needed.
8) Monthly service delivery meetings will occur between the Case Manager and the City’s Human Services Director or designee.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 79 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–45 WITH THE SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT FOR PRE–EMPLOYMENT POLYGRAPH SERVICES
CONSIDER AUTHORIZING POLICE CHIEF JASON REED TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–45 with the San Bernardino County Sheriff’s Department for pre– employment polygraph services, and authorizing Chief Reed to sign said agreement.
A copy of proposed Agreement No. 25–45 is attached for City Council review and consideration.
BACKGROUND: For many years, the Police Department has contracted with the San Bernardino County Sheriff’s Department (Sheriff’s Department) to provide pre– employment polygraph examinations for employment candidates. The City regularly utilizes an alternative vendor for pre–employment polygraph examinations, and thus the services of the Sheriff’s Department are rarely used. However, should the need arise, polygraph services provided by the Sheriff’s Department would be utilized on an as– needed basis to complete the pre–employment background investigation process in a timely manner. Upon completion of a polygraph examination, a written report would be submitted to the Police Department within five working days. The Sheriff’s Department provides fully qualified and licensed polygraphists to perform the examinations.
The current contract period between the Police Department and the Sheriff’s Department ended on June 30, 2025. Proposed Agreement No. 25–45 would commence on July 1, 2025, and end on June 30, 2030.
FISCAL IMPACT: The Sheriff’s Department charges $219 per examination or the most current rate established by the County of San Bernardino, which is updated July 1 of each year. Should the City Council approve Agreement No. 25–45, costs incurred per examination would be charged to the Administrative Services Department Budget under the Personnel/Risk Management Program.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–45 with the San Bernardino County Sheriff’s Department for pre–employment polygraph services; and
2. Authorize Police Chief Jason Reed to sign said agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 80 of 198 Standard Contract Page 1 of 5
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Agency City of Montclair, Montclair Police
Department (Agency)
Agency Representative Jason Reed, Chief of Police
Telephone Number
Contract Term 07/01/2025 – 6/30/2030
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center 4430001000
Grant Number (if applicable)
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, Agency is a recognized public entity that wishes to contract for pre-employment polygraph services for Agency’s employment applicants (Services); and
WHEREAS, San Bernardino County (County) is able to provide said Services through its included Sheriff/Coroner/Public Administrator (Sheriff);
NOW, THEREFORE, the County and Agency mutually agree to the following terms and conditions (Agreement):
A. SCOPE OF AGREEMENT
A.1 Sheriff shall administer pre-employment polygraph examinations for Agency’s employment applicants, as requested by Agency.
A.2 Sheriff will supply to Agency pre-polygraph questionnaires to be completed by each applicant prior to their polygraph examination.
A.3 Sheriff shall schedule the applicant for a pre-examination interview and polygraph examination, and review the completed questionnaires brought by the applicant(s). If the examiner notes a significant response on the part of the applicant during the polygraph examination, the examiner will conduct a post-test interview in an attempt to obtain further relevant information from the applicant.
Additional testing may be conducted at that time, as needed.
Contract Number
SHR25-0224
SAP Number
N/A
Agreement No. 25-45
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 81 of 198 Revised 12/23/24 Page 2 of 5
A.4 A written report will be submitted to Agency by Sheriff within five (5) working days of Sheriff’s completion of the polygraph examination.
A.5 If Agency requires audio/video polygraph examination records for an applicant, Agency shall notify the Sheriff of the same and provide to Sheriff all digital video discs necessary for the recorded polygraph examination.
A.6 The Sheriff, or designee, shall, at Sheriff’s sole discretion, control the assignment of polygraph examiners under this Agreement. Only fully qualified and licensed polygraphists shall be assigned.
A.7 Normal duty hours of polygraph examiners for purposes of this Agreement shall be Monday through Friday from 7:00 a.m. until 5:00 p.m., excluding County holidays. Any polygraph examination(s) provided outside normal duty hours, including County holidays, will be billed at the actual Polygraph Examiner’s overtime rate.
B. TERM OF AGREEMENT
The term of this Agreement shall be for a period commencing on July 01, 2025, or on the date of the Sheriff’s authorized signature on this Agreement, whichever is later, and ending on June 30, 2030.
C. TERMINATION FOR CONVENIENCE
The parties reserve the right to terminate the Agreement, for the party’s 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 by Agency, payment shall be made to the Sheriff for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice from Agency, Sheriff shall promptly discontinue Services unless the notice directs otherwise. If applicable, Agency shall deliver promptly to the County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs, and reports.
Notwithstanding the foregoing, the Sheriff may terminate this Agreement at any time, without advance notice to Agency, in the event Agency fails to comply with any term of this Agreement.
D. COUNTY REPRESENTATIVE
The Sheriff, or designee, shall represent the County in all matters pertaining to the Services to be rendered under this Agreement, including termination of this Agreement, and shall be the final authority in all matters pertaining to the Services provided to Agency. If this Agreement was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to thise Agreement.
E. FISCAL PROVISIONS
E.1 In consideration for Services performed by Sheriff, Agency agrees to pay a sum of $219.00 per preemployment polygraph examination, or the most current rate established by the County, updated July 1 of each year. Agency will be invoiced monthly for all examinations administered during the prior month. Payment shall be due within forty-five (45) days from the date of each invoice.
E.2 LATE CANCELLATION: Agency agrees to pay the full cost of any scheduled pre-employment polygraph examination unless Agency cancels the appointment more than twenty-four (24) hours in advance of the scheduled examination time by calling the Sheriff’s Specialized Investigations Division at (909) 387-0625.
F. INDEMNIFICATION AND INSURANCE REQUIREMENTS
F.1 Indemnification
The Agency agrees to indemnify, defend (with counsel reasonably approved by County), and hold harmless the County and its authorized officers, employees, agents, and volunteers (Indemnitees) MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 82 of 198 Revised 12/23/24 Page 3 of 5
from any and all claims, actions, losses, damages, and/or liability arising out of the Agreement from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the County on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Agency 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.
The County agrees to indemnify, defend (with counsel reasonably approved by Agency), and hold harmless the Agency and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising out of the Agreement from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by Agency on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The County indemnification obligation applies to Agency’s “active” as well as “passive” negligence but does not apply to Agency’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
F.2 Waiver of Subrogation Rights
Agency 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 Agency and Agency’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Agency hereby waives all rights of subrogation against the County.
F.3 Comparative Fault
In the event that the County and/or Agency are determined to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this Agreement, the County and/or Agency shall indemnify the other to the extent of its comparative fault.
F.4 Self-Insurance
The County and the Agency are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers’ Compensation and warrant that, through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this Agreement.
G. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County Sheriff’s Department
Bureau of Administration Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
Fax Number: (909) 387-3444
City of Montclair
Montclair Police Department
4870 Arrow Highway
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
H. ENTIRE AGREEMENT
This Agreement, including all exhibits and other documents attached hereto and incorporated herein by reference, represents the final, complete, and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations, or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 83 of 198 Revised 12/23/24 Page 4 of 5
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 Agreement and signs the same of its own free will.
I. ELECTRONIC SIGNATURES
This Agreement and, if applicable, any subsequent amendments, 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 the other party an original signed Agreement upon request.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 84 of 198 Revised 12/23/24 Page 5 of 5
IN WITNESS WHEREOF, San Bernardino County and Agency have each caused this Agreement to be subscribed by its respective duly authorized officers, on its behalf.
Approved as to Legal Form
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY City of Montclair, Montclair Police Department (Print or type name of Agency)
By
Sheriff/Coroner/Public Administrator Authorized
Signature
(Agency Authorized signature - sign in blue ink)
Dated: Name Jason Reed
(Print or type name of person signing contract)
Title Chief of Police
(Print or Type)
Dated:
Address 4870 Arrow Highway
Montclair, CA 91763
Name
(Print or type name of person signing)
Title
(Print or Type)
Dated:
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 85 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 9
FILE I.D.: STA919B
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–46, A MEMORANDUM OF
UNDERSTANDING WITH THE SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY FOR REGIONAL EARLY ACTION PLANNING (REAP) GRANT FUNDING FOR
THE FREMONT AVENUE STREET IMPROVEMENT PROJECT, SUBJECT TO ANY
REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID
AGREEMENT
REASON FOR CONSIDERATION: The City Council is requested to approve Agreement No. 25–46, a Memorandum of Understanding with the San Bernardino County Transportation Authority (SBCTA) for grant funding for the Fremont Avenue Street Improvement Project, and authorize City Manager Edward C. Starr to sign said agreement. A copy of proposed Agreement 25–46 is attached for City Council review and consideration.
BACKGROUND: SBCTA has secured a funding agreement with the Southern California Association of Governments (SCAG) for Regional Early Action Planning (REAP) 2.0 Programs. SBCTA is authorized to negotiate and execute future funding agreements with its member agencies for the REAP 2.0 Programs. Montclair’s Fremont Avenue street improvements are eligible to receive funding through SBCTA/SCAG under the California Transportation Commission Partnership Complete Streets Program.
The Fremont Avenue Street Improvement Project, between Moreno Avenue and Arrow Highway, will transform the street into a multi–modal corridor by adding safe dedicated bicycle lanes, providing enhanced and new pedestrian–friendly walkways that are well– lit, and adding landscape to encourage alternate forms of travel by providing complete streets practices. Fremont Avenue serves to inter–tie the planned major high–density residential and commercial developments of Montclair Place south of Moreno Street to the Arrow Highway Mixed Use development area, and to the Montclair Transcenter. This walkable and bikeable connection will further the development of affordable housing by opening the local venues to residents and visitors through an accessible street corridor and through desirable access to the City’s regional transit center. The Montclair Transcenter offers a mix transportation options and reciprocal access opportunities throughout San Bernardino County and to adjoining Los Angeles and Riverside counties for employment, entertainment, shopping, medical services, and transit connections.
In February 2025, the Intersection of Arrow Highway and Fremont Avenue Improvements Project was completed. Fremont Avenue is the next phase of the Arrow Highway and Fremont Avenue Improvement Program. The larger project was phased to coordinate with the Village Partners development, allow for the construction of underground improvements in advance of the street improvements and for grant funding opportunities to be determined, and adjust for Southern California Edison scheduling delays. After Freemont Avenue is completed, the final phase of the work program will be the construction of the Arrow Highway Improvements from San Antonio Creek Channel to Central Avenue.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 86 of 198 FISCAL IMPACT: The Fremont Avenue Street Improvements Project is eligible to receive pass–through funding under the REAP 2.0 Complete Streets program in the amount of $975,000, subject to approval of the SBCTA MOU funding agreement and conformance with SCAG program requirements. On July 31, 2025, the SBCTA Board will consider approval of this MOU funding agreement. This is a reimbursement grant that will assist in paying for Fremont Avenue project improvements estimated at approximately $1,450,000.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Approve Agreement No. 25–46, a Memorandum of Understanding with the San Bernardino County Transportation Authority for Regional Early Action Planning (REAP) grant funding for the Fremont Avenue Street Improvement Project, subject to any revisions deemed necessary by the City Attorney; and
2. Authorize the City Manager Edward C. Starr to sign said Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 87 of 198 Contract No. 25-1003237
MEMORANDUM OF UNDERSTANDING
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF MONTCLAIR
Contract No. 25-1003237
This Memorandum of Understanding (MOU) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and City of Montclair (“AGENCY”) for the purpose of defining the roles and responsibilities of the two parties with respect to the receipt of Regional Early Action Planning Grants (REAP) 2.0 Program Funds allocated to SBCTA pursuant to the MOU between SBCTA and the Southern California Association of Governments (SCAG), included as Exhibit C to this MOU.
RECITALS
WHEREAS, based on a recommendation by SBCTA, SCAG approved an allocation of Federal Carbon Reduction Program (CRP) funding to the AGENCY in the amount of $975,000 for the purposes of active transportation improvements on Fremont Avenue from Moreno Street to Arrow Hwy in the City of Montclair (PROJECT); and
WHEREAS, AGENCY’s PROJECT could proceed to construction in a more timely manner without the use of Federal funds; and
WHEREAS, the California State Legislature and Governor Gavin Newsom approved the Budget Act of 2024, which restores $560 million for the REAP 2.0 program; and WHEREAS, SCAG has received a final award from the California Department of Housing and Community Development in the amount of $231.5 million; and WHEREAS, SCAG allocated a total of $6,519,868 to SBCTA for the Reap 2.0 Countywide MultiModal Complete Streets Program; and WHEREAS, REAP 2.0 is a non-federal fund type that seeks to accelerate housing development, reduce Vehicle Miles Traveled (VMT), increase housing supply at all affordability levels, affirmatively further fair housing, and implement adopted regional and local plans to achieve these goals; and, WHEREAS, the PROJECT is an active transportation project that is consistent with the objectives of REAP 2.0; and
WHEREAS, SBCTA has funding capacity within the REAP 2.0 Countywide Multi-Modal Complete Streets Program for PROJECT by to be constructed by AGENCY in an amount of $975,000; and Agreement No. 25–46
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 88 of 198 Contract No. 25-1003237
WHEREAS, SBCTA proposes to rescind allocation of $975,000 of CRP funds from PROJECT and instead allocate $975,000 REAP 2.0 program funds; and,
WHEREAS, SBCTA must serve as a direct recipient for REAP 2.0 funds allocated to the region by SCAG, and SBCTA’s responsibilities are outlined in an MOU between SBCTA and SCAG, attached hereto as Exhibit C to this MOU; and
WHEREAS, AGENCY is willing to deliver PROJECT in accordance with the terms and conditions of the MOU between SBCTA and SCAG included as Exhibit C; and WHEREAS, SBCTA desires to partner with AGENCY to sub-allocate REAP 2.0 funds to the PROJECT and to include PROJECT in the REAP 2.0 Countywide Multi-Modal Complete Streets Program, consistent with the action of the SBCTA Board of Directors on May 8, 2024; and WHEREAS, this MOU addresses the roles and responsibilities for the administration of the REAP
2.0 Funds allocated to AGENCY by SBCTA;
NOW, THEREFORE, it is mutually understood and agreed by SBCTA and AGENCY as follows:
ARTICLE I. RESPONSIBILITIES OF SBCTA AND AGENCY
A. The Recitals and all exhibits and attachments referred to in this MOU are incorporated herein by this reference and made a part of the provisions of this MOU.
B. SBCTA shall notify SCAG of its decision to rescind allocation of $975,000 in CRP funds and instead allocate $975,000 in REAP 2.0 funds to AGENCY for the PROJECT.
C. AGENCY is responsible for ensuring REAP 2.0 funds are expended by June 30, 2026, in accordance with the terms and conditions in Exhibit C, the MOU between SBCTA and SCAG, which is incorporated herein, unless this MOU is terminated earlier as provided herein. SBCTA shall not reimburse AGENCY for any expenses incurred in a manner contrary to the requirements of Attachment A or outside the period of performance of this MOU.
D. AGENCY must demonstrate a clear and significant nexus to the REAP 2.0 Goals and Objectives, as described in Section 9 of Exhibit C, and must carry out the PROJECT to meet the REAP 2.0 Goals and Objectives.
E. AGENCY shall be responsible for implementing the PROJECT, including all tasks, obligations, and deliverables as described in accordance with the Scope of Work, attached as Exhibit A and incorporated herein, and Budget and Project Schedule, attached in Exhibit B and incorporated herein.
F. SBCTA shall notify AGENCY of the availability of the REAP 2.0 Funds and provide AGENCY with a Notice-to-Proceed (NTP) once the funds become available to SBCTA.
G. AGENCY will prepare, with assistance from SBCTA as needed, all documentation required to be submitted to SCAG. SBCTA will submit required documents to SCAG in accordance with the REAP 2.0 Program Guidelines developed by SCAG.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 89 of 198 Contract No. 25-1003237
H. This MOU is a Cost Reimbursement agreement. Amounts claimed must reflect the actual incurred and paid cost of completed work. The actual incurred and paid costs may not exceed the Project’s budget set forth in the Budgets and Schedules included as Exhibit B. All invoices submitted to SBCTA for payment shall be e-mailed to [email protected].
I. Once per quarter (i.e., January 21, April 21, July 21, October 21), Sub-Recipient shall submit an invoice for the PROJECT to SBCTA using the “Invoice Report” consistent with Exhibit C, unless amended or otherwise directed by SBCTA. The Invoice Report must be submitted in both PDF format and the Excel file provided by SBCTA. SBCTA shall review the Invoice Report for compliance with this MOU.
If SBCTA determines that the Invoice Report is compliant with this MOU, SBCTA shall approve the Invoice Report and issue payment to the AGENCY.
J. Incomplete or inaccurate invoices may be returned to AGENCY for correction; returned invoices will not be paid until corrected, resubmitted, and approved by SBCTA. SBCTA may, at its discretion, disallow any unsupported costs and process the invoice. If AGENCY corrects the error, the disallowed items can be included in the next invoice.
K. AGENCY shall prepare, with assistance from SBCTA as needed, all required reports related to receipt and expenditure of REAP 2.0 Funds, including close out reports, in accordance with the REAP 2.0 Program Guidelines developed by SCAG and included in Exhibit C. SBCTA will submit the finalized reports to SCAG on the behalf of AGENCY.
L. AGENCY is responsible for ensuring the PROJECT is completed as described in Exhibit A and approved by SBCTA as included in this MOU.
M. AGENCY is responsible for notifying SBCTA expeditiously should any circumstances prevent AGENCY from completing the PROJECT as described in Exhibit A, as approved by the SBCTA Board of Directors and SCAG. AGENCY will provide all documentation required in order for SBCTA to present an amendment to this MOU to the SBCTA Executive Director or Board of Directors for approval, subject to approval authority and availability of funds.
N. AGENCY is responsible for ensuring REAP 2.0 funds are expended within the timeframe indicated, i.e., by June 30, 2026, and able to be invoiced to SCAG by July 21, 2026, in accordance with the REAP 2.0 guidelines.
ARTICLE II. GENERAL PROVISIONS
A. Term of MOU: This MOU shall be effective upon execution by SBCTA. The MOU shall remain in effect until June 30, 2026 or until terminated as provided in Article II. E., below.
B. Legal Authority: The signatories to this MOU warrant that they are duly authorized to execute this MOU on behalf of the parties and that, by so executing the MOU, the parties hereto are formally bound to the provisions of this MOU.
C. Assignment: Neither this MOU, nor any of the parties’ rights, obligations, duties or authority under this MOU, may be assigned in whole or in part by either party without the proper written consent of the other MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 90 of 198 Contract No. 25-1003237
party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to any assignment shall not be deemed consent to any subsequent assignment.
D. Governing Law and Venue: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this MOU. Any action to enforce any provision of this agreement shall be filed in the Superior Court of San Bernardino County.
E. Termination: Any party may terminate this MOU upon thirty (30) days’ written notice to the other party, said notice to provide the effective date of the termination and the reason for the termination. If City terminates the MOU and SBCTA is required to return monies to SCAG, City shall reimburse SBCTA for such expenses incurred within 30 days’ of SBCTA’s written demand.
F. Notices: Any notices, requests, or demands made between the parties pursuant to this MOU are to be directed as follows:
City of Montclair San Bernardino County Transportation Authority 5111 Benito Street 1170 W Third Street, 2nd Floor
Montclair, CA 91763 San Bernardino, CA 92410
Attn: Janet Kullbeck Attn: Steve Smith
Director of Finance Director of Planning
(909) 625-9411 (909) 884-8276
G. Severability: If any term, provision, covenant, or condition of this MOU is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this MOU shall not be affected thereby, and each term, provision, covenant or condition of this MOU shall be valid and enforceable to the fullest extent permitted by law.
H. Counterparts of MOU: This MOU may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
I. Force Majeure: Either party shall be excused from performing its obligations under this MOU during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood, or other natural disaster; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage.
J. The Recitals are incorporated into and made a part of this MOU. ---SIGNATURES ON FOLLOWING PAGE---
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 91 of 198 Contract No. 25-1003237
In witness whereof, the Parties have executed this Memorandum of Understanding on the dates below.
SAN BERNARDINO COUNTY CITY OF MONTCLAIR
TRANSPORTATION AUTHORITY
____________________________ ___________________________ Raymond W. Wolfe Edward C. Starr
Executive Director City Manager
____________________________ ___________________________ Date Date
Approved as to Form: Approved as to Form:
____________________________ ___________________________ Julianna K. Tillquist Diane E. Robbins
SBCTA General Counsel Attorney
____________________________ ___________________________ Date Date
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 92 of 198 Contract No. 25-1003237
Exhibit A
Project Scope of Work
Project Title: Countywide Multi-Modal Complete Streets Program – Montclair Fremont Avenue and Arrow Highway Active Transportation Project
Project Description: This funding will support the development of an active transportation project that includes bike lanes, sidewalks, curb and gutter, ADA ramps, signing and striping, drainage, paving, efficient street lighting, and traffic signal modifications. Arrow Highway and Fremont Avenue are thoroughfares connecting a transit-oriented development and business center to the Montclair Transcenter Station (Future Gold (“L”) Passenger Rail Line, Metrolink, and Omnitrans). The roadway geometry improvements to Fremont Avenue will provide, encourage, and promote safe bicycle and pedestrian walkability from Moreno Street and Montclair Place to the Transcenter.
Final Deliverable:
• Final construction drawings
• Construction and Installation of the Project
Project Budget: $975,000
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 93 of 198 Contract No. 25-1003237
Exhibit B
Budget and Schedule
CEQA – Notice of Categorical Exemption, Completed/Filed on 10/9/24 Design Completion: June 2025
SCAG REAP 2.0 CTC Partnership Award: June 2025
Begin Construction: October 2025
Anticipated Construction Completion: June 2026
Estimated Construction Cost: $1,450,000
Funding Source: SCAG, $975,000
Funding Source: Local Money, $475,000
Anticipated Completion Date: June 2026
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 94 of 198 Exhibit C
MOU Between SBCTA and SCAG and Amendments Nos. 1, 2, and 3 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 95 of 198 Docusign Envelope ID: 4E3C9686-AC3B-46C7-A372-0A0AAD4B5644 MOU No. :M-005-24
SCAG Project/OWP No. :305-4926.01
MEMORANDUM OF UNDERSTANDING
No. M-005-24
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
FOR REAP 2.0 CTC PARTNERSHIP PROGRAM GRANT
(SCAG Project/OWP No. 305-4926.01)
This Memorandum of Understanding ("MOU") is entered into by and between the Southern California Association of Governments ("SCAG") and the San Bernardino County Transportation Authority ("Sub-Recipient"), for a CTC Partnership Program Grant. SCAG and Sub-Recipient may be individually referred to as "Party" and collectively as "Parties."
RECITALS
WHEREAS, the Regional Early Action Planning Grants Program of 2021 ("REAP 2.0") was established with a principal goal to make funding available to Metropolitan Planning Organizations ("MPO") and other regional entities for transformative planning and implementation activities that meet housing and equity goals, reduce Vehicle Miles Traveled per capita, and advance implementation of the region's Sustainable Communities Strategy or Alternative Planning Strategy, as applicable; WHEREAS, the California Department of Housing and Community Development ("HCD") administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to 50515.10 ("Statutes") and REAP 2.0 guidelines for MPO applicants released by HCD pursuant to the Statutes ("REAP 2.0 Guidelines");
WHEREAS, SCAG is the federally designated MPO for Southern California, primarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy ("RTP/SCS" also known as "Connect SoCal") for the counties oflmperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura;
WHEREAS, HCD awarded a total of $246,024,084 to SCAG under REAP 2.0; WHEREAS, on November 3, 2022, SCAG approved the Program Guidelines ("Program Guidelines") for the REAP 2.0 County Transportation Commission Partnership Program ("Program") which authorized up to $80,000,000 to fund county-specific projects;
WHEREAS, on April 12, 2023, SCAG released a Call for Applications for the Program; WHEREAS, Sub-Recipient, a County Transportation Commission ("CTC") eligible for funds under the Program, developed and submitted proposed projects for the Program and the following proposed projects (collectively the "Projects") were reviewed by SCAG, determined to be consistent with the REAP 2.0 Guidelines and Program Guidelines, and thereafter approved by SCAG on July 6, 2023:
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 96 of 198 Docusign Envelope ID: 4E3C9686-AC3B-46C7-A372-0A0AAD4B5644
1. SBCT A Vehicle Miles Traveled Mitigation Bank
2. Countywide Multi-Modal Complete Streets Program
MOU No. :M-005-24
SCAG Project/OWP No. :305-4926.01
WHEREAS, the purpose of this MOU is to describe the responsibilities of the Parties.
NOW THEREFORE, IT IS MUTUALLY AGREED THAT:
1. Recitals and Exhibits
The Recitals and all exhibits referred to in this MOU are incorporated herein by this reference and made a part of the provisions of this MOU.
2. Term
The Term of this MOU shall begin on the Effective Date and continue until November 30, 2025, ("Completion Date"), unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU.
3. Scope of Work and Sub-Recipient's Responsibilities
a. Sub-Recipient shall be responsible for implementing the Projects in accordance with the "Scopes of Work" attached as:
Exhibit A-1 - SBCTA Vehicle Miles Traveled Mitigation Bank (SB0l) Exhibit A-2 - Countywide Multi-Modal Complete Streets Program (SB02) b. Interim deliverables and tasks, including their sub-allocated budgets and schedules, required to implement the Scopes of Work shall be documented using the Scope of Work Approval Form, attached as Exhibit B ("SOW Approval Form"). The SOW Approval Form must be signed by SubRecipient's Project Manager and SCAG's Deputy Director or their designee prior to the performance of the work outlined in the SOW Approval Form. The SOW Approval Form may be signed by way of a manual or authorized digital signature, or a signature stamp. The SOW Approval Form may be used to document interim deliverables and interim deliverable budgets and schedules but may not be used to modify the deliverables and budget noted in this MOU. The SOW Approval Form may be amended subject to approval by SCAG. No amendment to the SOW Approval Form shall be valid unless made in writing and signed by the Parties. Ifthere is a conflict between the SOW Approval Form and this MOU, this MOU shall prevail. c. Sub-Recipient must demonstrate a clear and significant nexus to all the REAP 2.0 Goals and Objectives, as described in Section 9 of this MOU, and must carry out the Projects to meet the REAP 2.0 Goals and Objectives. Any lack of action or action inconsistent with REAP 2.0 Goals and Objectives may result in review and could be subject to modification of funding, termination of this MOU, and repayment of the Grant Funds.
d. In compliance with Section 3.e., Sub-Recipient shall procure and manage one or more consultants to ensure the Scopes of Work, as outlined in the most current fully executed SOW Approval Form, are fully performed and the Projects are completed in compliance with this MOU and all applicable laws and regulations.
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e. As a recipient of federal and state funds, SCAG has the responsibility for ensuring that its procurement process complies with all applicable federal, state and funding requirements. For all agreements entered into containing funds provided under this MOU or to perform work under this MOU, Sub-Recipient shall procure in compliance with all applicable federal, state, and local laws and regulations.
f. The term "Consultant( s )" shall hereinafter refer to all entitles that Sub-Recipient procures, manages, or otherwise enters into contracts or agreements with, in furtherance of the Projects or this MOU regardless of the timing, nature of service/work provided or type of organization, including but not limited to government entities, political subdivisions, subrecipients, consultants, contractors, service providers, suppliers, independent contractors, professionals, managers, architects, engineers, and subcontractors.
g. Upon request, Sub-Recipient shall provide information to the SCAG Project Manager regarding any existing solicitation including but not limited to Requests for Proposals, Invitation for Bids, Request for Qualifications, and Requests for Quotation (collectively "RFP"). For new RFPs developed or finalized after the Effective Date of this MOU, Sub-Recipient shall provide a copy of the RFP to the SCAG Project Manager. SCAG may require documentation ofRFPs and Notices to Proceed before approval of invoice reimbursement.
h. When requested, Sub-Recipient shall provide other related documentation of compliance, as determined by SCAG, with applicable procurement requirements and terms and conditions of this MOU within ten (10) days of the request.
1. Sub-Recipient shall be responsible for reviewing and paying Consultant(s)' invoices prior to submitting invoices for repayment.
J
. Sub-Recipient shall be accountable to SCAG and HCD to ensure Consultant(s)' performance. SubRecipient's Project Manager shall be responsible for final approval of Consultant(s)' deliverables consistent with the Scopes of Work, as outlined in the most current fully executed SOW Approval Form; provided, however, that prior to approving a deliverable from the Consultant(s), SubRecipient's Project Manager shall provide a copy of the deliverable to SCA G's Project Manager. k. Any and all notices, reports, or other communications required by this MOU, including but not limited to invoices, accounting reports, supporting documentation, and monitoring reports, shall be submitted under the penalty of perjury.
4. Project Management
a. All work under this MOU shall be coordinated with SCAG and Sub-Recipient through the Project Managers.
b. For purposes of this MOU, SCAG designates the following individual(s) as its Project Manager:
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 98 of 198 Docusign Envelope ID: 4E3C9686-AC3B-46C7-A372-0A0AAD4B5644 Scott Johnson
Senior Regional Planner
(213) 630-1506
j [email protected]
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SCAG reserves the right to change this designation upon written notice to Sub-Recipient. c. For purposes of this MOU, Sub-Recipient designates the following individual(s) as its Project Manager:
Josh Lee
Deputy Director of Planning
(909) 884-8276 ext. 166
[email protected]
Sub-Recipient reserves the right to change this designation upon written notice to SCAG.
5. Funding
a. SCAG's contribution to the Projects is funded wholly with REAP 2.0 funds, in an amount not to exceed $9,564,868 ("Grant Funds"). The individual Projects shall be funded as follows ("Project Funds"):
SBCTA Vehicle Miles Traveled Mitigation Bank - $3,045,000 Countywide Multi-Modal Complete Streets Program - $6,519,868 b. SCAG shall not be obligated to make payments for any Project costs that exceed the Project Funds for that Project or the Grant Funds for the Projects. SCAG shall not be obligated to pay for any increase in Project costs which exceeds the Project's budget included in this MOU and the most current fully executed SOW Approval Form, the Project Funds for that Project, or the Grant Funds for the Projects. SCAG shall not be obligated to make payments from any source other than funds provided by HCD to SCAG pursuant to REAP 2.0. In the event HCD terminates its agreement to provide funds or reduces the funds provided, SCAG shall have the right to terminate this MOU, in accordance with Section 17, or to amend this MOU to reflect the changes in funding. c. SCAG shall make payments to Sub-Recipient only for work performed within the Period of Performance as part of the Scopes of Work, as outlined in the most current fully executed SOW Approval Form, and consistent with REAP 2.0 Goals and Objectives, REAP 2.0 Guidelines, and Program Guidelines. For purposes of this MOU the Period of Performance shall be from April 12, 2023 until the Completion Date.
d. SCAG reserves the right, in its sole discretion, to discontinue funding any one or more of the Projects and/or terminate this MOU as described in Section 17. e. Any costs for which Sub-Recipient receives reimbursement or credit that is determined by a subsequent audit or other review by either SCAG, HCD, other State authorities or federal cognizant agency to be ineligible or otherwise unallowable, are to be repaid by Sub-Recipient within thirty (30) calendar days of Sub-Recipient receiving notice or a written demand for reimbursement from SCAG. Such repayment may include interest, penalties or related fees, as MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 99 of 198 Docusign Envelope ID: 4E3C9686-AC3B-46C7-A372-0A0AAD4B5644 MOU No. :M-005-24
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determined by HCD or other State authorities. Should Sub-Recipient fail to reimburse unallowable costs due to SCAG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold and/or off-set future payments to Sub-Recipient.
6. Invoices
a. This MOU is a Cost Reimbursement agreement. Amounts claimed must reflect the actual incurred and paid cost of completed work. The actual incurred and paid costs may not exceed the Project's budget set forth in the most current fully executed SOW Approval Form. All invoices submitted to SCAG for payment shall be e-mailed to [email protected] (file cannot exceed 10MB). All invoices submitted to SCAG for the Projects shall reference the OWP Project Number (OWP No. 305-4926.01). A separate invoice must be submitted for each individual Project. b. By the twenty-first following the start of a new quarter (i.e., January 21, April 21, July 21, October 21), Sub-Recipient shall submit an invoice for each Project to SCAG using the "Invoice Report" attached as Exhibit C. The Invoice Report must be submitted in both PDF format and the Excel file provided by SCAG. The Invoice Report shall also include, in narrative form, a progress report section with a description of services performed by Sub-Recipient's staff and Consultant(s) as well as progress toward completion of tasks related to the Project for the prior quarter, a reporting of all costs incurred for that period, and progress achieved toward the REAP 2.0 Goals and Objectives. The invoice progress report shall serve as the formal quarterly reporting for the project.
SCAG shall review the Invoice Report for compliance with this MOU. If SCAG determines that the Invoice Report is compliant with this MOU, SCAG shall approve the Invoice Report and issue payment to the Sub-Recipient.
c. Incomplete or inaccurate invoices may be returned to Sub-Recipient for correction without payment until corrected and approved. SCAG may, at its discretion, disallow any unsupported costs and process the invoice. If Sub-Recipient corrects the error, the disallowed items can be included in the next set of invoices.
d. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to Sub-Recipient, and its Consultant(s) at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process, which can be found at the following link: http://www.dot.ca.gov/hq/asc/travel/ap b/bul .htm. Also see the link for a summary of travel reimbursement rules.
e. The Parties acknowledge that SCAG's fiscal year is from July 1 to June 30. Sub-Recipient agrees to submit all invoices to SCAG for eligible expenses incurred through June 30th , no later than July
2!51 during the Term of this MOU. SCAG shall not be obligated to pay Sub-Recipient for any invoice received after such date.
f. Sub-Recipient shall submit its final invoice to SCAG within thirty (30) days of the completion of each individual Project, but no later than December 31, 2025, whichever is first. SCAG shall not be obligated to pay-Sub Recipient for any invoice received after such date.
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g. Sub-Recipient will require that its Consultant(s) pay any contractors and subcontractors for satisfactorily completed work no later than ten (10) days of receipt of each payment from SubRecipient. The ten (10) calendar days period is applicable unless a shorter period is required by applicable law.
7. Reporting
a. At any time during the term of this MOU, SCAG may request additional information, as needed, to demonstrate satisfaction of all requirements identified in the MOU. b. By February 10 of each year following receipt of funding pursuant to this MOU, Sub-Recipient shall submit an Annual Report using the "Sub-Recipient Report Template," attached as Exhibit D ("Report Template"). Sub-Recipient shall submit a separate Annual Report for each Project. The Annual Report shall include, in narrative form, a description of services performed by SubRecipient's staff and Consultant(s) as well as progress toward completion of tasks related to the Project for the prior year, a reporting of all costs incurred for that period, and progress achieved toward the REAP 2.0 Goals and Objectives.
c. When a Project is finalized, and no later than December 31, 2025, Sub-Recipient shall submit a Close-Out Report for the Project. At the time of the execution of this MOU, HCD has not provided the requirements for the Close-Out Report due to HCD by all grantees at the conclusion of the grant performance period. Therefore, the Close-Out Report format required by SCAG of SubRecipient is not available at this time, but will be provided when it becomes available. d. All reports submitted to SCAG shall reference the OWP Project Number (OWP No. 305-4926.01).
8. Accounting
a. Sub-Recipient shall establish and maintain an accounting system and reports that properly accumulate incurred Project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles ("GAAP"), enable the determination of incurred costs as interim points of completion, and provide support for payment vouchers and invoices. b. Sub-Recipient shall establish a separate ledger account for receipts and expenditures of Project Funds and Grant Funds and maintain expenditure details in accordance with the Scopes of Work, as outlined in the most current fully executed SOW Approval Form, for each Project. c. Sub-Recipient shall maintain documentation of its completed procurements (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the Projects in accordance with GAAP.
9. Allowable Uses of Grant Funds
a. SCAG shall not award or disburse funds unless it determines that the Project Funds and Grant Funds shall be expended in compliance with the REAP 2.0 Goals and Objectives.
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1. REAP 2.0 Goals ("Goals") are to invest in housing, planning, and infill housing-supportive infrastructure across the entire state in a manner that reduces Vehicle Miles Traveled ("VMT"), increases housing affordability, and advances equity. More detailed information on the Goals can be found in Section 201 of the REAP 2.0 Notice of Funding Availability ("NOFA") and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full.
11. REAP 2.0 Objectives ("Objectives") include: (1) accelerating infill development that facilitates housing supply, choice, and affordability; (2) affirmatively furthering fair housing; (3) reducing vehicle miles traveled. More detailed information on the Objectives can be found in Section 202 of the REAP 2.0 NOF A and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full. b. Project Funds and Grant Funds shall only be used by Sub-Recipient for activities approved by SCAG and included in the Scopes of Work, as outlined in the most current fully executed SOW Approval Form.
c. Project Funds and Grant Funds may not be used for administrative costs of persons employed by Sub-Recipient for activities not directly related to eligible activities. d. Sub-Recipient shall use no more than five percent (5%) of the Project Funds for administrative costs related to a Project, or a maximum of$478,243.40 dollars ($478,243.40), whichever is lower.
For purposes of this MOU, administrative costs are the costs incurred in direct support of grant administration that are not included in the organization's indirect cost pool. Additional funds may be used from other sources solely contributed by Sub-Recipient to support Sub-Recipient's administration of the Projects.
1. Sub-Recipient must clearly indicate if funds will be used towards administrative costs on or before the Effective Date of this MOU.
11. If Sub-Recipient is seeking reimbursement for indirect costs and/or fringe benefits costs, they must annually submit an Indirect Cost Allocation Plan ("ICAP") or an Indirect Cost Rate Proposal ("ICRP") to its cognizant agency for indirect costs and/or fringe benefits costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards.
The cognizant agency for indirect costs and/or fringe benefits costs means the federal agency responsible for reviewing, negotiating, and approving ICAPs or ICRPs. Sub-Recipient must provide their approved indirect cost rate and/or fringe benefit rate and provide a copy to SCAG Project Manager of the approved negotiated indirect cost rate agreement ("NICRA") for the current fiscal year and subsequent years throughout the performance period. Indirect costs and/or fringe benefits costs may be sought for reimbursement only if Sub-Recipient has an approved NICRA from its cognizant agency on or before the Effective Date of this MOU. 111. If Sub-Recipient is seeking reimbursement for fringe benefits costs with absence of the approved NICRA and proposes to use a rate to allocate the fringe benefits costs on the basis of entity-wide salaries and wages of the employees receiving the benefits, they must annually prepare the fringe benefits cost allocation plan in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 102 of 198 Docusign Envelope ID: 4E3C9686-AC3B-46C7-A372-0A0AAD4B5644 MOU No. :M-005-24
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And Audit Requirements For Federal Awards and provide a letter from the Sub-Recipient's independent auditor confirming the compliance for the current fiscal year and subsequent years throughout the performance period.
1v. If Sub-Recipient elects a de minimis indirect cost rate of 10%, they must annually complete a certification form provided by SCAG Project Manager to confirm the eligibility and compliance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards and submit the signed form to SCAG Project Manager for the current fiscal year and subsequent years throughout the performance period. The de minimis rate of 10% is to be applied to modified total direct costs (MTDC) as defined by 2 CFR Part 200.1. e. There must be a strong implementation component for the funded activity through REAP 2.0, including, where appropriate, agreement by Sub-Recipient to submit the completed planning document to the applicable board, council, or other entity for adoption. If Sub-Recipient does not formally request adoption of the funded activity, it may be subject to repayment of the Grant Funds.
10. Work Products
a. For purposes of this MOU, "Work Products" shall mean all deliverables created or produced under this MOU including, but not limited to, all deliverables conceived or made either solely or jointly with others during the term of this MOU and during a period of six months after the termination thereof, which relates to the Projects. Work Products shall not include real property or capital improvements. Work Products includes all deliverables, inventions, innovations, improvements, or other works of authorship Sub-Recipient or Consultant(s) may conceive of or develop in the course of this MOU, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.
b. Sub-Recipient shall submit one (1) electronic copy of all Work Products associated with the Projects to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products. SCAG grants to Sub-Recipient a perpetual royalty-free, nonassignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Projects and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the Work Products will be at Sub-Recipient's sole risk and without liability or legal exposure to SCAG.
d. Subject to any provisions of law, including but not limited to the California Public Records Act, all deliverables and related materials related to the Projects shall be held confidential by SubRecipient. Nothing furnished to SCAG which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential. Sub-Recipient shall safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure as Sub-Recipient treats its confidential information, but in no case less than reasonable care.
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11. Amendments
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No amendment or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties. If an amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the request.
12. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:
To SCAG: Cindy Giraldo
Chief Financial Officer
Southern California Association of Governments
900 Wilshire Blvd., Suite 1700
Los Angeles, CA 90017
(213) 630-1413
[email protected]. gov
SCAG reserves the right to change this designation upon written notice to Sub-Recipient.
To Sub-Recipient:
Josh Lee
Deputy Director of Planning
San Bernardino County Transportation Authority
1170 West Third Street, 2nd Floor
San Bernardino, CA 92410
(909) 884-8276 ext. 166
[email protected]
13. Insurance
a. Sub-Recipient, at their own expense, shall procure and maintain policies of insurance, or provide evidence of self-insurance, of the types and amounts below, for the duration of the MOU. The policies shall state they afford primary coverage.
Insurance Type Requirements Limits
General Liability Commercial General Not less than $5,000,000 per occurrence, Liability msurance with $10,000,000 general aggregate, for bodily injury, coverage at least as broad as personal injury, and property damage. The policy Insurance Services Office must include contractual liability that has not form CG 00 01. been amended. Any endorsement restricting standard ISO "insured contract" language will
not be accepted.
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Liability
Workers'
Compensation/
Employer's Liability
Professional
Liability Insurance
Builders Risk
Automobile msurance at
least as broad as Insurance
Services Office form CA 00
01. Workers' Compensation
insurance as required by the
State of California and
Employer's Liability
Insurance. Not required for
sole proprietors or SubRecipients with no
employees.
Professional Liability (Errors
and Omissions) msurance
appropriate to the SubRecipient's profession.
Upon commencement of
construction and with
approval of SCAG, SubRecipient shall obtain, or
ensure all contractors obtain
and maintain builder's risk
( course of construction) for
the entire duration of the
Project. Not required for
Projects without
construction.
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Covering bodily injury and property damage for
all activities of the Sub-Recipient arising out of
or in connection with work to be performed under
this MOU, including coverage for any owned,
hired, non-owned, or rented vehicles, m an
amount not less than $1,000,000 combined single
limit for each accident.
Including Occupational Diseases in accordance
with California Law and Employers' Liability
Insurance with a limit of not less than $1,000,000
each accident.
With limits of not less than $3,000,000 per
occurrence. In addition, it shall be required that the
professional liability insurance policy remain in
effect for three (3) years after the Completion Date
of this MOU.
Sub-Recipient shall purchase and maintain
property insurance written on a builder's risk
"Special Form Cause of Loss" or equivalent
policy form in an amount not to exceed amount
of the Contract, plus the cost of materials
supplied or installed by others on a full
replacement cost basis. The Builder's Risk policy
shall include a soft cost endorsement that covers
soft costs equal to twenty percent (20%) of the
Contract's full value. Soft costs are defined as
certain expenses, m addition to labor and
materials, required to complete the Project that
has been delayed due to unexpected physical
damage and include, but are not limited to, the
following: legal/accounting fees, design or other
professional fees, financing costs, taxes, general
administration, lease expenses, permit fees and
insurance premiums. This insurance shall include
the interests of the Additional Insureds as named
below, Sub-Recipient and the subcontractors of
every tier on the Project as insureds. The
insurance shall cover without limitation, loss or
damage to the Work arising from the perils
covered under "Special Form Cause of Loss"
form coverage including, without duplication of
coverage for theft, fire, lightning, explosion, or
hail, smoke, aircraft or vehicles, riot or civil
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Construction activities and
with approval ofSCAG, SubRecipient shall obtain, or
ensure all contractors obtain
Pollution Coverage which
shall provide for liability
arising out of sudden,
accidental, and gradual
pollution, and remediation.
Not required for Projects
without construction.
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commotion, vandalism, malicious mischief,
collapse, earthquake, flood, windstorm, falsework, testing and delay of startup, temporary buildings, property in transit and while stored at
a temporary location, debris removal including
demolition occasioned by enforcement of any
applicable legal requirements, and shall cover
reasonable compensation for Sub-Recipient's
services and expenses required as a result of such
loss. During the Project construction period, SubRecipient and its subcontractors shall mutually waive all rights of recovery against each other
and against the Additional Insureds identified
below for damages caused by fire or other perils
covered by the Builders Risk "Special Form
Cause of Loss" insurance. All applicable policies
of insurance covering the Work or the property of
the Sub-Recipient or subcontractor shall be
endorsed to provide a waiver of subrogation in
favor of the Additional Insureds identified below,
Sub-Recipient and all subcontractors of every
tier. Further, Sub-Recipient hereby releases, and
shall cause its subcontractors to release, the
Indemnitees identified in section 14 from any and
all claims, losses and damages caused by fire or
other perils covered by the Builders Risk "Special
Form Cause of Loss" insurance. There shall be no
deductible or self-insured retention exceeding
$10,000.00 per loss, other than earthquake or
flood which may have deductible or self-insured
retentions not exceeding $50,000.00. The policy
may have sublimits not less than the following:
Earthquake $5,000,000.00 Flood $1,000,000.00
The policy limit shall be no less than $1,000,000
per claim and in the aggregate. All activities
contemplated in this MOU shall be specifically
scheduled on the policy as "covered operations."
The policy shall provide coverage for
remediation of the site in the event of an
environmental contamination event arising out of
the materials, supplies, products, work,
operations, or workmanship.
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Products/Completed
Operations
Coverage shall extend a
minimum of three (3) years
after project completion. Not
required for Projects without
construction.
Coverage shall be included on behalf of the
insured for covered claims arising out of the
actions of independent contractors. If the insured
is using subcontractors, the Policy must include
work performed "by or on behalf' of the insured.
Policy shall contain no language that would
invalidate or remove the insurer's duty to defend
or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically
provide for a duty to defend on the part of the
insurer. SCAG, its officials, officers, agents, and
employees, shall be included as additional
insureds under the Products and Completed
Operations coverage.
Coverage
b. Higher Limits: no representation is made that the mm1mum insurance requirements of this agreement are sufficient to cover the indemnity or other obligations of the sub-recipient under this agreement.
c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. SCAG, its officials, employees, and volunteers are to be covered as additional insureds, as respects to liability arising out of the activities performed by or on behalf of Sub-Recipient; products and completed operations of Sub-Recipient; premises owned, occupied or used by SubRecipient; or automobiles owned leased, hired or borrowed by Sub-Recipient. The coverage shall contain no special limitations on the scope of protection afforded to SCAG, its officials and employees.
11. For any claims related to this Project, Sub-Recipient's insurance coverage shall be primary insurance as respects SCAG, its officials and employees. Any insurance or self-insurance maintained by SCAG shall be excess of Sub-Recipient's insurance and shall not contribute with it.
111. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCAG, its officials and employees. 1v. Sub-Recipient's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. The Workers' Compensation and Employer's Liability policies shall include a waiver of subrogation endorsement in favor of SCAG, its, officials, employees, and volunteers. e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and approved bySCAG.
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less than A and be admitted, unless otherwise approved by SCAG. g. Sub-Recipient shall furnish SCAG with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by SCAG before work commences. Upon request of SCAG at any time, Sub-Recipient shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
h. Sub-Recipient agrees to ensure that its Consultant(s) provide the same mm1mum insurance coverage and endorsements required of Sub-recipient. Sub-Recipient agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. However, in the event Sub-Recipient's Consultant(s) cannot comply with this requirement, which proof must be submitted to SCAG, SubRecipient shall be required to ensure that its Consultant(s) provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Consultant(s) scope of work and services, with limits less than required of the Sub-Recipient, but in all other terms consistent with the Sub-Recipient's requirements under this MOU. This provision does not relieve Sub-Recipient of its contractual obligations under the MOU and/or limit its liability to the amount of insurance coverage provided by its Consultant(s). This provision is intended solely to provide Sub-Recipient with the ability to utilize Consultant(s) who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of SubRecipient under this MOU given the limited scope of work or services provided by the Consultant(s). Sub-Recipient agrees that upon request, all agreements with Consultant(s) will be submitted to SCAG for review.
14. Indemnification
Sub-Recipient shall fully defend, indemnify and hold harmless SCAG, its members, officers, employees, and agents from any and all claims, losses, liabilities, damages, expenses, suits or actions including attorneys' fees, brought forth or arising under any theories or assertions of liability, occurring by or resulting from or otherwise related to the Projects or this MOU. Such obligations shall not, however, extend to any claims, losses, liabilities, damages, expenses, suits or actions that arise from SCAG's gross negligence or willful misconduct.
15. Disputes
Except as otherwise provided in this MOU, any dispute arising under this MOU which is not resolved by mutual agreement shall be decided through binding arbitration by a three (3) member panel in accordance with the rules of the American Arbitration Association and as provided in this provision.
If this provision differs from the rules of the American Arbitration Association, then this provision shall control. Sub-Recipient shall continue with the responsibilities under this MOU during any dispute until the dispute is resolved. A judgment upon the award rendered by arbitration may be entered into any court having jurisdiction thereof. The arbitration panel shall have the authority to grant any remedy or relief that would have been available to the Parties had the matter been heard in a court of law. Following arbitration, the arbitration panel shall prepare a written decision containing the essential findings and conclusions on which the award is based so as to ensure meaningful judicial MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 108 of 198 Docusign Envelope ID: 4E3C9686-AC3B-46C7-A372-0A0AAD4B5644 MOU No. :M-005-24
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review of the decision. All expenses and fees for the arbitrator and expenses for hearing facilities and other expenses of arbitration shall be borne equally by both Parties unless they agree otherwise or unless the arbitrator in the award assesses such expenses against one of the parties or allocates such expenses other than equally between the Parties. Either Party may bring an action in court to compel arbitration under this MOU and to enforce an arbitration award.
16. Noncompliance
In the event of nonperformance or noncompliance with any requirement of this MOU, including but not limited to project schedule or milestone timelines, as outlined in the most current fully executed SOW Approval Form, SCAG may:
a. Issue a written notice to stop work. If such notice is provided, Sub-Recipient and its Consultant(s) shall immediately cease all work under the MOU. SCAG has the sole discretion to determine that Sub-Recipient is in compliance with the terms and conditions after a stop work order, and to deliver a written notice to Sub-Recipient to resume work under this MOU. b. Terminate this MOU pursuant to Section 17.
Notwithstanding the provisions set forth above, or any other provision contained in this MOU, no remedy conferred by any of the specific provisions of this MOU or the SOW Approval Form, is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy existing at law or in equity or by statute or otherwise.
17. Termination of MOU
a. Termination for Cancellation or Reduction in REAP 2.0 Funding. In the event HCD terminates or cancels funding to SCAG, this MOU is deemed to be terminated and SCAG shall be relieved of any and all obligations under this MOU as of the effective date ofHCD's termination. In the event HCD reduces funding to SCAG, SCAG shall have the unilateral right to proportionally reduce funding to Sub-Recipient or terminate this MOU.
b. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. Should SCAG terminate the MOU for convenience, upon receipt of the notice of termination, Sub-Recipient shall immediately take action to avoid incurring any additional obligation costs or expenses except as may be necessary to terminate its activities or the activities of its Consultant(s). SCAG shall pay Sub-Recipient its reasonable and allowable costs through the effective date of termination and is not liable for any expenses after termination, including any costs associated with Consultant(s). In such event, all finished or unfinished Work Products shall be provided to SCAG and Sub-Recipient shall be paid for all services performed by Consultant(s) and accepted by Sub-Recipient through the effective date of termination. c. Termination for Cause. If through any cause, either Party shall fail to timely and adequately fulfill its obligations under this MOU, or if either Party violates any of the covenants, terms, or stipulations of this MOU, the non-breaching Party shall thereupon have the right to terminate the MOU by giving not less than ten ( 10) calendar days written notice to the breaching Party of the MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 109 of 198 Docusign Envelope ID: 4E3C9686-AC3B-46C7-A372-0A0AAD4B5644 MOU No. :M-005-24
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intent to terminate and specifying the effective date thereof. The non-breaching Party shall provide a reasonable opportunity for the breaching Party to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that SCAG invokes this termination for cause provision, all finished or unfinished Work Products shall be provided to SCAG at its option.
18. Records Retention
a. Sub-Recipient and its Consultant(s) shall maintain all source documents, books and records connected with the Projects, all procurements related to the Projects, all work performed under this MOU, and evidence demonstrating the funding was used for the appropriate purposes for a minimum of five ( 5) years after December 31, 2026. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. b. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records shall be retained by SubRecipient and its Consultant(s) for five (5) years after: (a) the conclusion or resolution of the matter; (b) the date an audit resolution is achieved for each annual SCAG OWP; or (c) December 31, 2026, whichever is later.
19. Monitoring and Audits
a. SCAG may monitor expenditures and activities of Sub-Recipient and its Consultant(s) as SCAG deems necessary to ensure compliance with the MOU, the Statutes, the REAP 2.0 Guidelines and the Program Guidelines.
b. At any time during the term of this MOU, SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives may perform or cause to be performed a financial audit of any and all phases of the Projects. At their request, Sub-Recipient shall provide, at its own expense, a financial audit prepared by an independent certified public accountant.
c. Sub-Recipient agrees that SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives shall have the right to review, obtain, and copy all records and supporting documentation related to the performance of this MOU. Sub-Recipient agrees to provide any relevant information requested. Copies shall be made and furnished to SCAG upon request at no cost to SCAG.
d. Sub-Recipient agrees to permit SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this MOU, the Statutes, the REAP 2.0 Guidelines, or applicable state and federal laws, rules, and regulations.
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e. If there are audit findings from SCAG or HCD's audit, Sub-Recipient must submit a detailed response acceptable to SCAG or HCD for each audit finding within ninety (90) days of the audit finding report.
20. Small Business and Disabled Veteran Business Enterprise Participation a. If for this MOU Sub-Recipient made a commitment to achieve small business participation, then Sub-Recipient must within 60 days of receiving final payment under this MOU (or within such other time period as may be specified elsewhere in this MOU) report to SCAG the actual percentage of small business participation that was achieved. (Gov. Code§ 14841.) b. If for this MOU Sub-Recipient made a commitment to achieve disabled veteran business enterprise ("DVBE") participation, then Sub-Recipient must within 60 days of receiving final payment under this MOU ( or within such other time period as may be specified elsewhere in this MOU) certify in a report to SCAG: (1) the total amount the Sub-Recipient received under the MOU; (2) the name and address of the DVBE(s) that participated in the performance of the MOU; (3) the amount each DVBE received from the Sub-Recipient; ( 4) that all payments under the MOU have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (M&V Code§ 999.5(d); Gov. Code§ 14841.)
21. Compliance with Laws, Rules, and Regulations
a. Sub-Recipient agrees to comply with all federal, state and local laws, rules and regulations applicable to this MOU.
b. Non-Discrimination/Equal Employment Opportunity
1. During the performance of this MOU, Sub-Recipient assures that no person shall be denied the MOU's benefits, be excluded from participation or employment, be denied Project benefits, or be subjected to discrimination based on 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, under the Projects or any program or activity funded by this MOU, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. §§ 3601-20) and all implementing regulations, the Americans with Disabilities Act ("ADA") of 1990 (42 U.S.C. §§ 12101 et seq.) and all applicable regulations and guidelines issued pursuant to the ADA, and the Age Discrimination Act of 1975 and all implementing regulations. Sub-Recipient shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
11. Sub-Recipient 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 HCD to implement such article.
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111. Sub-Recipient shall permit access by representatives of the Department of Fair Employment and Housing, SCAG, and HCD 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 the Department of Fair Employment and Housing, SCAG, or HCD shall require to ascertain compliance with this Section. 1v. Sub-Recipient shall give written notice of its obligations under this Section to labor organizations with which they have a collective bargaining or other agreement. v. Sub-Recipient shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the Projects to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 C.F.R. § 92.351. c. Recycling Certification. Sub-Recipient shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to SCAG regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156( e ), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code§ 12205).
d. Anti-Trust Claims. Sub-Recipient, by signing this MOU, hereby certifies that if these services or goods are obtained by means of a competitive bid, the Sub-Recipient shall comply with Title 1, Division 5, Chapter 11 of the California Government Code (Gov. Code§§ 4550-4554). e. Child Support Compliance Act. If the Grant Funds provided under this MOU are in excess of $100,000, Sub-Recipient acknowledges in accordance with Public Contract Code 7110, that:
1. Sub-Recipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
11. Sub-Recipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. f. Priority Hiring Considerations. If this MOU includes services in excess of $200,000, the SubRecipient shall give priority consideration in filling vacancies in positions funded by the MOU to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
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g. Loss Leader. If this MOU involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC § 10344( e ).)
22. Public Works and Construction
Without limiting the generality of Section 21.a., Sub-Recipient agrees to ensure compliance with all applicable legal authority regarding construction standards and requirements, including but not limited to the following:
a. Labor Code Requirements
1. Sub-Recipient is hereby put on notice that the one or more of the Projects under the MOU may qualify as a public works project and Sub-Recipient will therefore be required to determine whether the Project falls under a classification that would require payment of prevailing wages.
Services constituting public works are described in California Labor Code Sections 1720-1861, as may be amended or recodified by legislative action from time-to-time.
11. If a Project qualifies as a public works project, Sub-Recipient shall be the Awarding Body for the public works project and required to comply with all requirements applicable to the Awarding Body.
111. If Sub-Recipient or its Consultant(s) will perform services that require payment of prevailing wages, they are required to register with the California Department of Industrial Relations (DIR) in order to be compliant with the law. Neither Sub-Recipient nor its Consultant(s) may work on a public works project without a current and active DIR registration. 1v. In the event that Sub-Recipient or its Consultant(s) engages in the performance of a public work under this MOU as defined by Labor Code Section 1770 et seq., Sub-Recipient and its Consultant(s) shall be required to cause such employees who are entitled to prevailing wages, to be paid the required wage amounts pursuant to applicable state law. Sub-Recipient and its Consultant(s) shall ensure compliance with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
v. Sub-Recipient further acknowledges that any work that qualifies as a public work within the meaning of California Labor Code Section 1 720 shall require Sub-Recipient and its Consultant( s) to comply with the provisions of California Labor Code Sections 1775 et seq. Sub-Recipient agrees to ensure compliance with Labor Code Section 1776 regarding retention and inspection of payroll records and noncompliance penalties, Labor Code Section 1777.5 regarding employment of registered apprentices, and Labor Code Section 1813 regarding forfeiture for violations of the maximum hours per day and per week provisions contained in the same chapter.
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b. Sub-Recipient shall comply with all applicable federal, state, and local procurement requirements for public works and construction projects and shall advertise, open bids, award, and approve all construction contracts in accordance with the California Public Contract Code and the California Labor Code.
c. All construction contracts for the Projects shall be administered and managed by Sub-Recipient.
Sub-Recipient shall prepare or have prepared a detailed schedule of performance for the Projects, ensuring that all construction is completed within the timeline allowed by the MOU. Sub-Recipient shall be responsible for requiring the construction contractor to furnish any applicable labor and material bonds and payments and performance bonds naming the Sub-Recipient as obligee, and SCAG as additional obligee, or an insurance policy in lieu of such bonds. d. Sub-Recipient agrees to procure any and all permits, licenses and approvals necessary to complete the Projects, including those necessary to perform design, construction, operation and maintenance, and to comply with all California Environmental Quality Act requirements applicable to the Projects. Sub-Recipient shall pay all charges and fees and give all notices necessary or incidental to the Projects.
e. Sub-Recipient shall prepare, or have prepared, all plans, specifications and estimates for the Projects and ensure that the Projects comply with all applicable federal and state accessibility requirements, including but not limited to the Americans with Disabilities Act, including its implementing regulations at 24 CFR Part 8 and any amendments, and California Government Code Section 4450, and applicable requirements and guidance provided in Title 24 of the California Code of Regulations, for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability.
f. Sub-Recipient shall conduct all necessary due diligence for the Projects, including but not limited to performing necessary environmental assessments/review of environmental hazard reports, conducting engineer/ geotechnical review, commissioning title reports to identify and evaluate the condition of title and encumbrances on the subject property, determining the entity(ies) with site control, including whether any third parties have ownership or site control rights, and determining the suitability for the Project.
g. Sub-Recipient shall ensure any contractors or subcontractors are paid in accordance with applicable laws and regulations.
h. Sub-Recipient shall comply with the procedure set forth in Public Contracts Code Section 9204 for processmg contractor claims, paying undisputed amounts, and requiring mediation of disputed amounts.
1. Sub-Recipient shall be responsible for ensuring ongoing maintenance of the Projects after completion.
SCAG shall not be responsible for ongoing maintenance of the Projects after completion.
23. Conflict of Interest
The Parties shall comply with all applicable federal and state conflict of interest laws, regulations, and policies.
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24. Independent Contractor
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Sub-Recipient and its Consultant(s) shall be independent contractors in the performance of this MOU, and not officers, employees, or agents of SCAG.
25. Assignment
Neither Party shall assign any rights or interests in this MOU, or any part thereof, without the written consent of each Party to this MOU, which consent may be granted, withheld or conditioned in the consenting Party's sole and absolute discretion. Any assignment without such written consent shall be void and unenforceable. The covenants and agreement of this MOU shall inure to the benefit of and shall be binding upon each of the Parties and their respective successors and assignees.
26. Release of Information
Sub-Recipient shall not release any information or Work Products to a third party or otherwise publish or utilize any information or Work Products obtained or produced by it as a result of or in connection with the performance of services under this MOU without the prior written authorization of SCAG, except as provided under this MOU or as required by law (including, without limitation, pursuant to the California Public Records Act).
All public-facing communications materials relating to this MOU or its subject matter shall acknowledge SCAG. Communications materials include, but are not limited to, site signage, printed information materials, print and online publications, websites, advertisements, video, public service announcements, social media postings, events, media advisories, news releases, and all other related materials.
To ensure consistency of public information about SCAG programs and funded work products, SubRecipient is required to notify and coordinate with SCA G's Manager of Media & Public Affairs or a specified designee on any media inquiries or plans for proactively providing information to media outlets.
All communication materials must be provided to SCAG prior to completion so that inclusion of this element can be confirmed. SCAG will reply within three business days; if no reply is received, the Sub-Recipient can proceed without comments.
SCAG Communication Contact:
Alisha James
j [email protected]
(213) 236-1884
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27. Non-Exclusivity
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Nothing herein is intended nor shall be construed as creating an exclusive arrangement between SCAG and Sub-Recipient. This MOU shall not restrict SCAG from acquiring similar, equal or like services from other entities or sources.
28. Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
29. Survival
The following sections survive expiration or termination of this MOU:
Section 10 (Work Products)
Section 12 (Notices)
Section 13 (Insurance)
Section 14 (Indemnification)
Section 15 (Disputes)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 21 (Compliance with Laws, Rules, and Regulations) Section 22 (Public Works and Construction)
Section 23 ( Conflict of Interest)
Section 26 (Release of Information)
Section 31 (Jurisdiction and Venue)
Section 32 (Waiver)
30. Flow-Down Provisions
Sub-Recipient shall include the following provisions in all agreements entered into containing funds provided under this MOU, require the provisions below that survive expiration or termination of this MOU to survive, and shall include a requirement in all agreements that each of them in tum include the requirements in all contracts and subcontracts they enter into to perform work under the Project.
SCAG does not have a contractual relationship with Sub-Recipient's Consultants, and Sub-Recipient shall be fully responsible for monitoring and ensuring compliance with these provisions.
Section 3.c. (Scope of Work and Sub-Recipient's Responsibilities - nexus to REAP 2.0) Section 3.e. - 3.g. (Scope of Work and Sub-Recipient's Responsibilities - procurements) Section 3.k. (Scope of Work and Sub-Recipient's Responsibilities - penalty of perjury) Section 5 .e. (Funding - repayment of ineligible costs) Section 6 (Invoices)
Section 7 (Reporting)
Section 8 (Accounting)
Section 9 (Allowable Uses of Grant Funds)
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Section 13 (Insurance)
Section 14 (Indemnification)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 21 (Compliance with Laws, Rules, and Regulations) Section 22 (Public Works and Construction)
Section 23 ( Conflict of Interest)
Section 24 (Independent Contractor)
Section 25 (Assignment)
Section 26 (Release of Information)
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Upon SCAG's request, Sub-Recipient shall provide SCAG a copy of any such agreement.
31. Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Subject to the provisions in Section 15, the Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.
32. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this MOU shall be considered a waiver thereof of such Party's right thereafter to exercise or enforce each and every right and provision of this MOU. A Waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.
33. Standard of Care
Sub-Recipient and its Consultant(s) shall perform the work required for the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.
34. Force Maieure
Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts of nature, civil or military authority, acts of public enemy, war, strikes, labor disputes, pandemics, or any other similar cause beyond the reasonable control of the Parties, provided that the Party seeking to delay or excuse its performance as a result of such event shall notify the other Party in writing of such circumstances within not more than ten (10) days following the first occurrence of the event forming the basis of the delay or excuse of performance. In the event that the Party seeking to delay or excuse its performance fails to timely deliver the notice described in the previous sentence, then such event shall not relieve the Party from its timely performance.
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35. Entire MOU
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This MOU, comprised of these terms and conditions, the attached exhibits, and any properly executed amendments, represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties with respect to the matters set forth herein.
36. Execution
This MOU, or any amendments related thereto, may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.
The signature page of this MOU or any amendments may be executed by way of a manual or authorized digital signature. Delivery of an executed counterpart of a signature page to this MOU or an amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this MOU or any amendment.
37. Effective Date
This MOU shall be effective as of the last date on which the document is executed by all Parties.
38. Authority
Sub-Recipient warrants and certifies that it possesses the legal authority to execute this MOU and to undertake the Projects, and, if applicable, that a resolution, motion, or similar action has been fully adopted or passed, as an official act of Sub-Recipient's governing body, authorizing receipt of the Grant Funds, and directing and designating the authorized representative( s) of Sub-Recipient to act in connection with the Projects and to provide such additional information as may be required by SCAG.
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COVER PAGE
MEMORANDUM OF UNDERSTANDING
AMENDMENT NO. 3
No. M-005-24
SCAG Overall Work Program (OWP) No: 305-4926.01
MOU No: M-005-24
MOU Execution Date: July 25, 2024
Agency Contact: Josh Lee
Project Participant Name: San Bernardino County Transportation Authority Project Participant’s UEI No: D36ZJBWRKJK1
MOU Amount: $9,564,868
Subaward Period of Performance Start Date: April 12, 2023 Subaward Period of Performance End Date: June 30, 2026
Type of Contract: Project Specific
Method of Payment: (Reference Section 6 of MOU M-005-24) Project Title: San Bernardino County Transportation Authority REAP 2.0 Partnership Program Grant
Project Description: San Bernardino County Transportation Authority will utilize REAP 2.0 funding to fund county-specific pilots and projects to meet the REAP 2.0 Goals and Objectives within the SCAG region.
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SCAG Project/OWP No.305.4926.01
SBCTA Contract No. 24-1003049
AMENDMENT NO. 3
TO
MEMORANDUM OF UNDERSTANDING
No. M-005-24
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
FOR REAP 2.0 CTC PARTNERSHIP PROGRAM GRANT
(305.4926.01)
This Amendment No. 03 (“Amendment”) to the underlying Memorandum of Understanding No. M005-24 (“MOU”) is by and between the SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (“SCAG”) and the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”), subsequently herein referred to as the “PROJECT PARTICIPANT,” for the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY REAP 2.0 CTC PARTNERSHIP PROGRAM GRANT (“Project”) under the REAP 2.0 County Transportation Commission Partnership Program (“Program”). SCAG and the PROJECT PARTICIPANT are individually referred to herein as “Party” and may be collectively referred to herein as “Parties.”
RECITALS
WHEREAS, the Parties entered into the MOU dated July 25, 2024; and WHEREAS, Section 11 of the MOU permits the Parties to amend the MOU through written amendment; and
WHEREAS, the purpose of Amendment No. 3 (“Amendment 3”) is to update the MOU to amend Section 10 with changes to intellectual property and ownership of Work Products, and update Exhibit A-2.
NOW THEREFORE, IT IS MUTUALLY AGREED THAT:
1. The first Recital is deleted in its entirety and replaced with:
WHEREAS, the Regional Early Action Planning Grants Program of 2021 (“REAP 2.0”) was established with a principal goal to make funding available to Metropolitan Planning Organizations (“MPO”) and other regional entities for transformative planning and implementation activities that meet housing and fairness goals, reduce Vehicle Miles Traveled per capita, and advance implementation of the region’s Sustainable Communities Strategy or Alternative Planning Strategy, as applicable; Docusign Envelope ID: A59238F9-0B8F-4AF4-B694-4C737E19A811 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 137 of 198 MOU No. M-005-24
SCAG Project/OWP No.305.4926.01
SBCTA Contract No. 24-1003049
2. Section 9 (Allowable Use of Grant Funds) sub-section (a)(i) is amended to read:
i. REAP 2.0 Goals (“Goals”) are to invest in housing, planning, and infill housing-supportive infrastructure across the entire state in a manner that reduces Vehicle Miles Traveled (“VMT”) and increases housing affordability, and advances fairness. More detailed information on the Goals can be found in Section 201 of the REAP 2.0 Notice of Funding Availability (“NOFA”) and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full.
3. Section 10 (Work Products) is amended to read:
a. For purposes of this MOU, “Work Products” shall mean all deliverables created or produced under this MOU including, but not limited to, all deliverables conceived or made either solely or jointly with others during the term of this MOU and during a period of six months after the termination thereof, which relates to the Projects. Work Products shall not include real property, capital improvements, or rights to intellectual property developed for SBCTA and for which a license is provided to SBCTA (the “Licensed Technology”). “Work Products” includes all deliverables or other works of authorship Sub-Recipient or Consultant(s) may conceive of or develop in the course of business during the term of this MOU, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection with the following exception: the creation, enhancement, modification and application of intellectual property in the development of Licensed Technology to be used in the Vehicle Miles Travelled (VMT) Mitigation Bank project.
SCAG and SBCTA acknowledge that the developer Subconsultant shall retain all intellectual property rights in said Licensed Technology. Additionally, all end user data and information generated by the Licensed Technology shall be the sole property of SBCTA. SBCTA grants to SCAG a perpetual royalty-free, non-assignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use all end user data and information generated by the Licensed Technology related to the Projects and developed as part of this MOU. SCAG and SBCTA shall not have any right, title, or interest to the Licensed Technology except as expressly provided in the license agreement for said Licensed Technology between Subconsultant and SBCTA. SCAG and SBCTA shall take all reasonable steps to secure use and access to the Licensed Technology in a manner consistent with maintenance of Subconsultant’s proprietary rights therein. b. To deliver the Work Product anticipated under this MOU, Parties have identified deliverables that constitute Licensed Technology (as defined herein) that Subconsultant is required to develop and furnish. Licensed Technology shall include any software, copyrighted material, or other proprietary material developed by Subconsultant prior to the Effective Date, as well as include any modification(s) thereof developed pursuant to this MOU. The Parties further agree that should the Subconsultant grant to SBCTA a license for use of the Licensed Technology, the license itself does not constitute Work Product as Docusign Envelope ID: A59238F9-0B8F-4AF4-B694-4C737E19A811 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 138 of 198 MOU No. M-005-24
SCAG Project/OWP No.305.4926.01
SBCTA Contract No. 24-1003049
defined in this MOU and remains exclusively the property of SBCTA unless otherwise modified by mutual agreement of Parties.
c. Sub-Recipient shall submit one (1) electronic copy of all Work Products associated with the Projects to the assigned SCAG Project Manager.
d. Except as otherwise provided herein, SCAG shall own all Work Products, for which SCAG grants to Sub-Recipient a perpetual royalty-free, non-assignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Projects and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the Work Products will be at Sub-Recipient’s sole risk and without liability or legal exposure to SCAG.
e. Subject to any provisions of law, including but not limited to the California Public Records Act, all deliverables and related materials related to the Projects shall be held confidential by Sub-Recipient. Nothing furnished to SCAG which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential. SubRecipient shall safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure as Sub-Recipient treats its confidential information, but in no case less than reasonable care.
4. Section 21 (Compliance with Laws, Rules and Regulations) sub-section (b)(v) is amended to read:
v. Sub-Recipient shall adopt and implement processes and procedures to demonstrate compliance with 24 C.F.R. § 92.351.
5. Exhibit A-2 “Exhibit A-2-SB02” is modified as reflected in “Exhibit A-2.1-SB02”, attached hereto and incorporated herein.
In all other respects, the terms and conditions of the MOU, as amended, shall remain in full force and effect.
[Signatures on Following Page]
Docusign Envelope ID: A59238F9-0B8F-4AF4-B694-4C737E19A811 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 139 of 198 MOU No. M-005-24
SCAG Project/OWP No.305.4926.01
SBCTA Contract No. 24-1003049
SIGNATURE PAGE TO
AMENDMENT NO. 3
MEMORANDUM OF UNDERSTANDING NO.
M-005-24
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives as of the dates indicated below:
Agency
By: _______________________________________________ _________________ Raymond W. Wolfe Date
Executive Director
APPROVED AS TO FORM:
By: _______________________________________________ _________________ Julianna K. Tillquist Date
General Counsel
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
By: _______________________________________________ _________________ Erika Bustamante Date
Acting Chief Financial Officer
APPROVED AS TO FORM:
By: _______________________________________________ _________________ Richard Lam Date
Senior Deputy Legal Counsel
Docusign Envelope ID: A59238F9-0B8F-4AF4-B694-4C737E19A811 7/2/2025
7/3/2025
7/3/2025
7/3/2025
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 140 of 198 MOU No. M-005-24
SCAG Project/OWP No.305.4926.01
SBCTA Contract No. 24-1003049
Exhibit A-2.1- SB02
Project Title: Countywide Multi-modal Complete Streets Program Project Description: This funding will support the development of a Countywide Multi-modal Complete Streets Program, which lays the groundwork for 1) accelerating infill development that facilitates housing supply, choice and affordability 2) affirmatively furthering fair housing and 3) reducing vehicle miles traveled across cities in the region. The Project includes task-based elements that may be amended through an update to the SOW Approval Form in accordance with Section 3 above. The City of Fontana’s Downtown Core Mobility Improvements Design will enhance the area with a pedestrian promenade, bike lanes, safe route connection to the public transit and public plazas, and provide a variety of entertainment, retail, service and residential uses within existing and new buildings. The City of Ontario’s work will include active transportation connections to the future Vista Verde II affordable housing project and West Valley Connector Bus Rapid Transit corridor currently under construction. The City of Rialto Downtown Complete Streets Study would focus on completing the necessary public outreach and planning, and design efforts to connect active transportation sites with planned affordable housing locations within the project area, including the Rialto Metrolink station, cityowned sites that are zoned for future affordable housing sites, and the future extension of the Pacific Electric Trail located 0.5 miles away from the Metrolink station. The Twentynine Palms Affordable Housing Complete Street Design consists of designing complete street elements for implementation adjacent to the City’s affordable housing project. The City of Upland Affordable Housing Street Improvement effort will include final design for the noted corridors that will include final street design, sidewalk improvements, and final design of the street to serve all users of the street (bikes, pedestrians, and vehicles). The City of Colton will include planning, design, and right-of-way acquisition connected to the City’s affordable housing initiatives. The City of Montclair will provide for the construction of lane reductions, bike lanes, pedestrian improvements and wayfinding signage on Fremont Ave.
Final Deliverable: Planning studies, right of way, engineering designs, construction bid documents, cost estimation and construction, as appropriate, for delivery of the Project.
Project Budget: $6,519,868
Docusign Envelope ID: A59238F9-0B8F-4AF4-B694-4C737E19A811 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 141 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: HSV042
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–47 WITH RTI INTERNATIONAL FOR
USE OF THE MONTCLAIR TRANSCENTER KIDS STATION PARKING LOT TO HOST THE
NATIONAL HEALTH AND NUTRITION EXAMINATION SURVEY
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID AGREEMENT AND OTHER PROGRAM–RELATED DOCUMENTS
REASON FOR CONSIDERATION: Consider approval of Agreement No. 25–47 with RTI International for use of the Montclair Transcenter Kids Station parking lot to host the National Health and Nutrition Examination Survey (NHANES), and authorizing the City Manager to sign said Agreement and other program–related documents.
A copy of proposed Agreement No. 25–47 with RTI International is attached for City Council review and consideration.
BACKGROUND: For more than sixty years, the Center for Disease Control’s (CDC) National Center for Health Statistics (NCHS) conducts the National Health and Nutrition Examination Survey (NHANES) to collect data about the health of adults and children throughout the United States.
Each year, about 5,000 adults and children in communities across the United States participate in NHANES. A random, scientific process is used to select the people invited to participate. This process ensures that this group of people can accurately represent the health and nutritional status of everyone in the United States.
Data is collected regarding what participants eat, drink, and take as supplements to determine how many nutrients are in their diet. These dietary interviews and blood tests help measure the nutritional status of U.S. adults and children. NHANES is the only national health survey that includes health exams, laboratory tests, and dietary interviews for participants of all ages.
NHANES data can help improve the health of Americans. Survey data have driven changes in how doctors treat patients and how public policy supports good health. NCHS publishes reports featuring analysis of NHANES data and these data files are publicly available to download and analyze. Specifically, experts use the NHANES findings to:
Determine how common major diseases and behaviors that increase the risk of death, disease, or injury (risk factors) are;
Assess nutritional status and how it relates to promoting good health and preventing disease;
Develop national estimates for obesity, diabetes, and blood pressure; Study the science of health, patterns and spread of disease, and trends in medical conditions;
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 142 of 198 Drive public health policy; and
Direct and design health programs and services.
NHANES collects data about a wide range of diseases, health conditions, and health measures including:
Diseases: Diabetes, infectious diseases, kidney disease, respiratory diseases (asthma, chronic bronchitis, emphysema), and sexually transmitted diseases Medical conditions: Anemia, hearing loss, obesity, osteoporosis, vision loss Health indicators: Exposures to chemicals in the environment, blood pressure and cholesterol, diet and nutrition, physical fitness and physical functioning and reproductive health history, like past pregnancies and breastfeeding NHANES has had major public health achievements throughout the years, including measuring health risks by estimating how common undiagnosed conditions are. For example, about 40 percent of adults with high blood pressure don't know they have hypertension. This can assist with the development of health programs to help diagnose hypertension before it leads to a health crisis. Further, NHANES can answer health questions such as parents who wonder about how their children are growing. Children’s growth charts, seen in doctors’ offices, are created through NHANES data. NHANES can also help to identify health problems. For example, in the 1970s, NHANES provided the first clear evidence that Americans had too much lead in our blood. Even low levels of lead in blood can cause serious, permanent health problems. At the time, adding lead to paint was normal practice. The NHANES findings led Congress, the Environmental Protection Agency, and others to take steps to remove lead in paint. By the 1990s, lead levels in blood dropped dramatically. However, there are still some groups that show high levels of lead; specifically children are more likely to have high levels of lead in their blood if their families have low income and they live in older houses. By continuing to collect this data, NHANES can assist policy makers in identifying programs that will continue to provide help to certain groups of the population that are most affected.
RTI International (RTI) is contracted with CDC to administer NHANES. Representatives from RTI contacted the City of Montclair to conduct NHANES assessments in our area.
From July 21, 2025, through approximately October 2, 2025, NHANES will be administered at the Kids Station parking lot in three vehicles daily from early mornings to late evenings, including on the weekends.
FISCAL IMPACT: There will be no adverse impact to the General Fund if Agreement No. 25–47 is approved. However, RTI International will pay the City $2,500 for use of the site. The term of the Agreement begins July 21, 2025, and concludes in October 2025.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1) Approve Agreement No. 25–47 with RTI International for use of the Montclair Transcenter Kids Station parking lot to host the National Health and Nutrition Examination Survey (NHANES).
2) Authorize City Manager Edward C. Starr to sign said agreement and other program–related documents.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 143 of 198 06/10/2025
City of Montclair
ATTN: Marcia Richter
5111 Benito Street
Montclair, CA 91763
RE: Hosting for National Health and Nutrition Examination Survey (“NHANES”) Mobile Exam Centers (“MECs”) by City of Montclair (“Site Host”) Dear Marcia Richter,
Thank you for your support of RTI International (“RTI”) and NHANES as we work to make our nation healthier.
Your commitment to hosting MECs at your site(s) in support of NHANES is much appreciated.
The purpose of this letter is to ensure that each of us understand the expectations of preparing the Site and the hosting activities and process. There are two attachments to this letter—terms and conditions applicable to the site preparation and hosting activities (ref. Attachment A) and specifications for the site(s) (ref. Attachment B).
To execute this letter agreement, please sign below and return the letter to me at your earliest convenience.
Sincerely,
Alicia Frasier
RTI International
Accepted:
Edward C. Starr, City Manager for City of Montclair Date Daniel Wright, Director - Procurement, RTI International Date Agreement No. 25-47 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 144 of 198 Attachment A - Terms and Conditions
General
1. For the purposes of this letter agreement (“Agreement”), when referring to Site Host and RTI in the collective, the term “Parties” shall be used or in the singular as a “Party.”
2. This Agreement shall be effective when the letter is signed by RTI Procurement and Site Host.
3. If either Party breaches a material provision of this Agreement, the non-breaching party may terminate the Agreement by giving thirty (30) days’ written notice to the breaching Party of its intention to terminate. The notice shall include a detailed statement describing the nature of the breach. If the breach is capable of being cured and is cured within the 30-day notice period, then the termination shall not take effect. If the breach can be fully cured but not within the 30-day notice period, then termination shall not take effect if the breaching Party begins to cure the breach substantially within that period, and then continues diligently to cure the breach fully.
If the breach is incapable of cure, then the termination shall take effect immediately following the thirty-day notice period.
4. No Party shall use any other Party’s name in any publications or advertising without such Party’s prior written approval provided, however, that RTI (1) may provide RTI Staff and Survey Participants (both as defined below) the name and location of, and directions to, the Site(s), and/or (2) may provide such information to traditional media for coverage of Site Activities, or post such information on social media for visibility, without any such prior approval.
5. Each Party shall be responsible for its own negligent acts or omissions and those of its employees and agents in accordance with prevailing law.
6. Nothing in this Agreement shall be construed to make any Party the legal agent or representative of the others, nor shall any Party have the right or authority to assume, create or incur any liability or any obligation of any kind, either expressed or implied, in the name of or on behalf of the other Parties. Furthermore, the relationship of the Parties is that of an independent contractor, and nothing in this Agreement shall be construed as creating any other relationship. Accordingly, the Parties shall comply with all laws and assume all risks incident to their status as independent contractors.
7. No Party shall assign this Agreement, directly or indirectly, in whole or in part, without the express, prior written consent of the other Parties.
8. The Parties may modify this Agreement in a writing specifically referencing this Agreement that is signed by each of their authorized representatives.
Access to and Use of the Site
1. Each Party shall designate a liaison to work with the other Party and third parties to prepare the Site(s) and to use the Site(s) for data collection (the “Site Activities”).
2. RTI and its subcontractors, contractors, agents, consultants, and representatives (“RTI Staff”), and the participants in NHANES (the “Survey Participants”) shall have access to and use of the Site (including utilities and systems provided by Site Host) described in Attachment B (the “Site”) for a period to be set forth in Attachment B.
3. Unless otherwise specified in Attachment B, the Site Activities shall include all labor, materials, and equipment, including, without limitation, the delivery, storage, handling, and installation of material, as well as related and incidental work necessary to result in the successful preparation and use of the Site(s), and Site Host shall bear only those expenses that are specified in Attachment B.
4. In exchange for the use of the Site as described herein, RTI shall pay the Site Host a fee as set forth in Attachment B.
Site Host Responsibilities
1. Site Host shall cooperate in good faith with RTI Staff to prepare the Site(s) (e.g., establishing an area suitable for the MECs and associated equipment, providing suitable access and parking for RTI Staff and Survey Participants, providing or establishing utilities like electrical, water, and sewer and/or the continuous use of generators, permitting the installation of appropriate signage and lighting).
RTI Responsibilities
Agreement No. 25-47 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 145 of 198
1. RTI Staff shall use reasonable efforts to minimize disruptions to the Site Host and the Site(s) and its/their other activities.
2. RTI Staff shall keep the Site(s) in good order (e.g., free from trash), and at the completion of the Site Activities, shall turn over the Site(s) to the Site Host in good repair. Unless otherwise specified in Attachment B, RTI Staff will not remove any installed utility connections (e.g., water, electrical) before such turnover and RTI Staff will remove or arrange to remove any installed signage and other equipment (e.g., dumpsters) from the Site.
3. RTI shall, at its own cost and expense, procure and maintain in full force and effect during the preparation and use of the Site(s), policies of insurance, of the type(s) and in the minimum amount(s) stated below, with responsible insurance carriers duly qualified in those states where the Site(s) are located, covering the Site Activities: (a) Commercial General Liability - $1,000,000 per occurrence, $2,000,000 aggregate; (b) workers’ compensation – statutory limits; and (c) Employer’s Liability - $500,000 per incident.
4. RTI agrees to indemnify, defend, and hold harmless Site Host, its governors, officers, directors, agents, representatives and employees (the "Site Host Indemnitees") from and against any and all third party demands, claims, actions, losses, damages, liabilities and expenses, including court costs and reasonable experts’ and attorneys’ fees, in connection with any loss of life, personal injury, property damage and/or other damages to the extent resulting or arising in whole or in part from (a) any event of default of RTI hereunder, and (b) any acts or omissions of RTI Staff, except in each case (a) and/or (b) to the extent such liability is caused by the acts of Site Host or Site Host Indemnitees.
Site Host agrees to indemnify, defend, and hold harmless RTI, its directors, officers, agents, representatives and employees (the “RTI Indemnitees”) from and against any and all third party demands, claims, actions, losses, damages, liabilities and expenses, including court costs and reasonable experts’ and attorneys’ fees, in connection with any loss of life, personal injury, property damage and/or other damages to the extent resulting or arising in whole or in part from (a) any event of default of Site Host hereunder, or (b) any act or omissions of Site Host or Site Host Indemnitees, except in each case (a) and/or (b) to the extent such liability is caused by the acts of RTI or RTI Indemnitees.
A Party seeking indemnification hereunder shall give notice to the other Party promptly upon receipt of written notice of the potential claim. The Party seeking indemnification shall permit the indemnifying party to assume the defense and/or disposition of any such claim or related litigation provided that counsel is reasonably acceptable to the party seeking indemnification. Prior to a settlement or disposition of a claim, the indemnified party must be provided an opportunity to approve such settlement or disposition; such approval shall not unreasonably be withheld. The Party seeking indemnification shall cooperate with the indemnifying Party in all reasonable respects with respect to the defense of any such claim, with the out-of-pocket costs of the Party seeking indemnification to be reimbursed by the indemnifying Party.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER HEREUNDER FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, EXEMPLARY, AND/OR PUNITIVE DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Agreement No. 25-47 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 146 of 198 Attachment B – Specifications for the Site(s)
General
1. The MECs consists of three (3) vehicles. A drawing is included at the end of this Attachment B.
2. Sufficient room is needed to maneuver the three (3) vehicles comprising the MEC and then to assemble the MEC:
a. The location for the MEC needs to be a level surface, preferably paved or gravel and open to the sky. b. A space of approximately 75’ X 110’ will allow for parking and assembling the MEC. c. A final space of approximately 50’ X 80’ will be necessary for the three (3) vehicles comprising the MEC in the adjoined area.
d. A height clearance of 14’ is required.
e. The combined weight of the vehicles comprising the MEC is approximately 90,000 pounds. f. Ideal slope is less than 2% or 1.15 degrees. Vehicles comprising the MEC will travel with plywood and other tools to stabilize and level the vehicles comprising the MEC.
Timeframe
1. Electrical work will need to happen many weeks before the MEC arrives at the Site to allow for proper electrical service creation, permitting, and inspection.
2. Site Activities shall commence on or about 7/21/2025 and are expected to continue until approximately 10/2/2025.
Site Host Fee
1. RTI shall pay the Site Host a fee in the amount of $2,500, with an electronic invoice to be submitted by Site Host to RTI at [email protected] on or after 7/21/2025.
2. Invoices shall be paid by RTI within thirty (30) days of receipt.
Garbage
1. RTI will secure a contract with a local garbage service to supply:
a. one (1) dumpster,
b. weekly garbage removal, and
c. removal of the dumpster at the end of Site Activities.
2. RTI will attempt to place this dumpster out of the way of regular daily activities at the Site, as well as place it in a place that isn’t an eye sore.
Electrical
1. The MEC requires 200-amperage, 120/240, single-phase service.
2. RTI will arrange for the creation, permitting, and inspection of this service, and RTI will pay for this work.
3. RTI will advance an electrical box that will be hooked up to the new service and provide for the twelve (12) connections necessary for the three (3) vehicles comprising the MEC. This box will be sent to the Site up to three (3) months in advance of the start of Site Activities to allow for enough time to connect and clear inspection. Site Host will accept delivery of the electrical box, secure it until the electrician hired by RTI is on the Site to install it, and provide it to the electrician hired by RTI for installation.
4. RTI will pay for the shipment of the electrical box out to the Site and the disconnection of the box and shipment from the Site.
5. The connections to the electrical box will be locked so theft is more difficult.
6. While RTI will establish the connections for the electrical service, and RTI will bear the costs from the electrical utility for the electricity used during Site Activities. If RTI is to pay for the electricity, RTI must arrange for tracking of electricity used. RTI and Site Host shall cooperate to establish a mutually-acceptable means to accomplish this tracking (e.g., installation of a separate meter, calculation of RTI usage based on Agreement No. 25-47 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 147 of 198 comparison of Site Host’s metered usage during Site Activities and average service usage for a comparable period before Site Activities commence).
Water
1. Site Activities require a fresh water source (i.e., delivered by a normal garden hose).
2. RTI will supply hoses in the length necessary to connect to the fresh water source and connect to the vehicles comprising the MEC. RTI will also supply a splitter that splits the water to the vehicles comprising the MEC.
RTI will bear the costs from the appropriate utility or municipality for the water used during Site Activities. If RTI is to pay for the water, RTI must arrange for tracking of water used. RTI and Site Host shall cooperate to establish a mutually-acceptable means to accomplish this tracking (e.g., installation of a separate meter, calculation of RTI usage based on comparison of Site Host’s metered usage during Site Activities and average water usage for a comparable period before Site Activities commence).
3. RTI and Site Host shall discuss the potential for freezing of water in the hoses. If needed, RTI will use insulated hose lines and/or disconnect the hoses if there is serious risk for detrimental freezing.
Sewer
1. RTI may establish a direct connection to a sewer system from the black/gray water tanks on each vehicle comprising the MEC. RTI will bear the costs from the appropriate utility or municipality for the sewer service used during Site Activities. If establishing a direct sewer connection is not possible, RTI will arrange for sewer service to empty the black/gray water tanks for each vehicle comprising the MEC as they become full. The Site Host and RTI will cooperate to ensure that sufficient room will be available for the sewer service trucks to access the tanks for emptying.
Parking
1. RTI will need approximately ten (10) parking spots associated with the Site, including approximately six (6) for RTI Staff and four (4) for Survey Participants, with such spots being roped off from the three (3) vehicles comprising the MEC and including at least one (1) handicap-accessible spot. If a handicap-accessible spot is not already designated in that area, RTI will designate two standard parking spots as the handicap-accessible spot to ensure adequate space (e.g., for wheelchair loading and unloading).
Signage
1. RTI will supply signs that direct Survey Participants to the MEC. RTI will place these signs on and around the Site to ensure that Survey Participants can easily navigate to the MEC.
Security
1. Each vehicle comprising the MEC has five (5) security cameras positioned to capture all sides of these vehicles and the doors of each vehicle. Each vehicle comprising the MEC is covered by a built-in security intrusion alarm system that will be set by RTI to be active when RTI employees are not present at the Site.
2. RTI will hire a national security monitoring service to monitor the outside cameras once the alarm is set, and to notify RTI Staff and RTI’s corporate security and project teams of any issues.
3. If RTI and the Site Host agree that additional on-site security is needed, RTI will secure “dusk-to-dawn” security officer support.
4. RTI and the Site Host shall discuss the feasibility of roping off or fencing off the Site around the vehicles comprising the MEC, the dumpster, the parking areas, the generator (if needed), and RTI shall implement any agreed roping or fencing.
Daily Activities
1. RTI Staff and Survey Participants will be at the Site daily during the Site Activities and shall have access to the Site from early morning to late evening including weekends.
Agreement No. 25-47 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 148 of 198
2. A courier and/or carrier service will be used by RTI Staff to collect samples and deliver supplies and may access the Site for pick-ups and deliveries multiple times each day.
Agreement No. 25-47 MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 149 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 11
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–48 WITH THE U.S. DEPARTMENT OF
JUSTICE DRUG ENFORCEMENT ADMINISTRATION TO ASSIGN ONE MONTCLAIR POLICE OFFICER TO THE HIGH–INTENSITY DRUG TRAFFICKING AREA TASK FORCE
CONSIDER AUTHORIZING POLICE CHIEF JASON REED TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–48 with the United States Department of Justice, Drug Enforcement Administration to assign one Montclair Police Officer to the High Intensity Drug Trafficking Area (HIDTA) Task Force, and authorizing Police Chief Jason Reed to sign said Agreement.
A copy of proposed Agreement No. 25–48 with the U.S. Department of Justice, Drug Enforcement Administration is attached for the City Council’s review and consideration.
BACKGROUND: Established in Los Angeles in 1990, the HIDTA program was created by Congress with the establishment of the Anti–Drug Abuse Act of 1988. HIDTA provides assistance to federal, state, local, and tribal law enforcement agencies operating in areas which are determined to be critical drug–trafficking regions of the United States. There are four key areas that HIDTA programs nationwide address:
Facilitating cooperation among federal, state, local, and tribal law enforcement agencies to share information and implement coordinated enforcement activities; Enhancing law enforcement intelligence sharing among federal, state, local, and tribal law enforcement agencies;
Providing reliable law enforcement intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and Supporting coordinated law enforcement strategies that maximize use of available resources to reduce the supply of illegal drugs in designated areas and in the United States as a whole.
Currently, there are 33 HIDTA task forces nationwide and 11 in California. The California task forces are primarily comprised of members from the Los Angeles County Sheriff’s and Los Angeles Police Departments with a specific emphasis on cities within Los Angeles County.
This new task force will be designated “HIDTA 50” and will have officers from the Corona, Ontario, Riverside, San Bernardino, and Upland Police Departments, and the San Bernardino County Sheriff’s Department. HIDTA 50 will specifically focus on enforcement efforts in San Bernardino and Riverside Counties, with an emphasis on cities located in the West End of San Bernardino County.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 150 of 198 HIDTA 50 will specialize in major narcotic seizures, large U.S. currency seizures from illegal narcotic proceeds with equitable sharing amongst participating agencies, fund state and federal wire taps, illegal cryptocurrencies, unlawful gambling establishments, money laundering, wanted persons, and human trafficking; all of which directly affect the Montclair community and our sphere of influence.
HIDTA 50 will have the ability to directly assist the Montclair Police Department with any major problems, assist our specialized units such as SET and the Detective Bureau, coordinate and provide specialized training, and assist with operational needs. HIDTA 50 also has contacts with a variety of other task force teams throughout the region that can assist with resources, personnel, and additional operational needs. HIDTA 50 will build long lasting partnerships between the participating agencies while strengthening enforcement efforts affecting our communities. HIDTA 50 is not an immigration enforcement team and will not assist with immigration enforcement.
The MPD officer assigned to HIDTA 50 will receive a “top–secret” federal clearance after successfully completing a federal background. The duties and benefits along with the City’s responsibilities involved with proposed Agreement No. 25–48 are as follows:
The MPD officer assigned to the Task Force would investigate major narcotic seizures, large U.S. currency seizures from illegal narcotic proceeds with equitable sharing amongst participating agencies, fund state and federal wire taps, illegal cryptocurrencies, unlawful gambling establishments, money laundering, wanted persons, and human trafficking. The MPD officer would report to the Task Force Sergeant, but ultimately would report to the MPD Support Services Lieutenant.
This assignment would be similar to the MPD officers currently assigned to the Inland Regional Narcotics Enforcement Team (IRNET) and the Pacific Southwest Regional Fugitive Task Force (PSWRFTF).
This officer would be required to follow all City and Department policies—the City would be responsible for the acts or omissions of the officer. The officer would wear plain clothes while assigned to the Task Force unless participating in a tactical operation. There are no additional uniform or equipment costs associated to the Task Force.
The officer assigned to the Task Force would use their City–assigned vehicle, although the HIDTA 50 will attempt to acquire a vehicle for this officer to use while assigned to the Task Force.
HIDTA 50 would provide all the necessary tools for the Task Force officer. The officer would use their Department–issued firearm, rifle, and less–lethal shotgun. The officer assigned to the Task Force would be required to wear their Department–issued body–warn cameras per Department policy. The assignment would be for four years, which is the same for MPD officers assigned to the Detective Bureau, IRNET, and PSWRFTF. Participating agencies may withdraw their participation without cause after providing 30 days advanced notice to the Task Force; however, an officer could temporarily be reassigned back to the City for less than 30 days should the need arise. This arrangement could be granted by the MPD Support Services Lieutenant and the Task Force Sergeant. The Task Force officer’s regular salary and 4 percent special premium pay would be covered by the City.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 151 of 198 HIDTA 50 would pay for the Task Force officer to receive any required specialized training.
HIDTA 50 would reimburse the MPD for overtime up to approximately $19,800 annually as well as other costs associated with joint law enforcement operations, such as travel and training. This would eliminate some City costs towards overtime of current personnel working related investigations of HIDTA 50. The City of Montclair would receive a minimum of two percent equitable sharing of all funds seized by HIDTA 50 related to narcotics investigations. This percentage could increase on specific investigations led by the MPD officer assigned to the Task Force.
The Task Force funds all investigative resources associated with the cases including cell phone pings, state and federal cell phone wires taps and other operational needs.
FISCAL IMPACT: If the City Council approves Agreement No. 25–48, overtime incurred by the MPD officer assigned to the Task Force would be reimbursed by HIDTA 50 up to approximately $19,800 annually through the remainder of Fiscal Year 2025–26.
The MPD officer assigned to the Task Force would receive the special additional pay of four percent. This officer would receive specialized training at no cost to the City.
The Task Force utilizes special resources that the City does not have, and oftentimes performs surveillance and apprehension at odd hours, which would save the City overtime costs.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–48 with the U.S. Department of Justice Drug Enforcement Administration to assign one Montclair Police Officer to the High– Intensity Drug Trafficking Area (HIDTA) Task Force.
2. Authorize Police Chief Jason Reed to sign said Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 152 of 198 Agreement No. 25–48
HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 21st day of July 2025, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Montclair Police Department, ORI# CA0331500, (hereinafter "parent agency"). The DEA is authorized to enter into this cooperative Agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange, Riverside, and San Bernardino Counties) and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the Los Angeles metropolitan area, the parties hereto agree to the following:
1 The Southern California Drug Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the LA-HIDTA area by immobilizing targeted violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and
c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of California. 2 To accomplish the objectives of the Southern California Drug Task Force, the parent agency agrees to detail one (1) experienced officer, corporal, or detective (officer) to the Southern California Drug Task Force for a period of not less than two years. During this period of assignment, the parent agency officer will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3 The parent agency officer assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force.
4 The parent agency officer assigned to the task force shall be deputized as a task force officer pursuant to 21 USC§ 878.
5 To accomplish the objectives of the Southern California Drug Task Force, the DEA will assign Special Agents to the task force. The parties to this agreement understand that financial reimbursement to participating organizations is subject to the budgeting, administrative, and managerial decisions of the HIDTA Executive Board, as well as the availability of HIDTA funding (from whatever source). Subject to this planning and budgeting guidance, the HIDTA will provide funding to support the activities of Federal Special Agents, Task Force Officers, and other specified employees (if any). This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 153 of 198 6 During the period of assignment to the Southern California Drug Task Force, the parent agency will remain responsible for establishing the salaries and benefits, including overtime, of the parent agency officer assigned to the task force and for making all payments due them. HIDTA will, subject to the availability of annually appropriated funds, reimburse the parent agency for overtime payments incurred by its Task Force Officers in an amount not to exceed a sum equivalent to 25% of the salary of a GS-12, Step 1 of the general pay scale for the rest of the United States. The parent agency will bill overtime as it is performed and no later than 60 days after the end of the quarter in which the overtime is performed. The invoice will identify each investigator who incurred overtime for the tasking during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7 In no event will the parent agency charge any indirect cost rate to DEA for the administration or implementation of this agreement.
8 The parent agency shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9 The parent agency shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The parent agency shall maintain all such reports and records until all audits and examinations are completed and resolved or for a period of six (6) years after termination of this agreement, whichever is later.
10 The parent agency shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
11 The parent agency agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug-Free Workplace Requirements.
The parent agency acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12 When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the parent agency shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 154 of 198 13 Vehicles may be provided by the parent agency or furnished by DEA subject to the availability and approval of HIDTA funding for vehicle leases. DEA may request that HIDTA fund installation and removal of mobile radios in task force vehicles and reimburse the parent agency for fuel, maintenance, and repair attributable to use of the vehicles for task force purposes. Accidents involving vehicles while in use for task force purposes shall be reported and investigated in accordance with the procedures of DEA and the parent agency.
14. While on duty and acting on task force business, the parent agency officer assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The parties acknowledge and understand that the United States of America is liable for the wrongful actions or inactions of Federal employees, including those Federal deputized as Task Force Officer, who are acting within the scope of their employment under the Federal Torts Claim Act (2 8 U.S.C §§ 2671 - 2680). This may extend to representation of the covered employee if in the best interests of the United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the Task Force may concurrently or separately be covered for the purposes of liability by their employer.
15. This agreement shall be effective from the date of the last signature of a party and will continue in effect until September 30, 2026. This agreement may be terminated by either party on 30 days advance written notice. Federal funding of the HIDTA Task Force is subject to the availability of annual appropriated funds for each federal fiscal year (October 1 through September 30 of the next year). Billing for all outstanding obligations must be received by DEA within 60 days of the end of each fiscal year or within 60 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by the parent agency during the term of this agreement on a fiscal year basis, subject to the availability of funds.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 155 of 198 For the Drug Enforcement Administration:
Matthew W. Allen
Special Agent in Charge
Los Angeles Field Division
Date
For the Montclair Police Department:
Jason Reed
Chief of Police
Montclair Police
Department
Date
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 156 of 198 Appendix H
ADDENDUM to Task Force Agreement
This agreement is an addendum to the Task Force Agreement dated July 21st 2025, between the United States Department of Justice, Drug Enforcement Administration (DEA)/ Los Angeles High Intensity Trafficking Area/Southern California Drug Task Force (HIDTA/SCDTF) and the Montclair Police Department. The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873.
1. The term of the Agreement shall be effective from the date in paragraph number one (1) through September 30, 2026.
2. Except as modified by this addendum, the Task Force Agreement between DEA HIDTA/SCDTF and the Montclair Police Department shall remain in full force and effect.
MODIFICATIONS:
1. The federal, state, and local members {the "Participants"). of the HIDTA/SCDTF, hereby agree to the following terms and conditions of this Addendum governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ("DOJ") Equitable Sharing Program:
2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated.
3. Participants acknowledge equitable sharing is based upon the total number of Task Force Officers (TFO) assigned to the HIDTA/SCDTF. Each Participants' "share" of the asset is based on the total number of TFOs each Participant has assigned to the HIDTA/SCDTF at the time of the asset's seizure.
4. Participants understand that if a non-HIDTA/SCDTF member receives an equitable share based upon their contribution, then the HIDTA/SCDTF Participants' shares shall be reduced proportionately. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20%.
5. Participants further understand that the federal decision-makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case.
6. The following are the HIDTA/SCDTF Participants and their current TFO contribution and sharing percentages:
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 157 of 198 SCDTF Participant Number of TFOs Assigned Sharing percentage Los Angeles County Sheriff's
Department
13 28.6
Los Angeles Police
Department
17 37.4
Port of Los Angeles Police
Department
1 2.2
Riverside County Sheriff's
Department
2 4.4
Santa Monica Police
Department
1 2.2
Ontario Police Department 2 4.4
San Bernardino Police
Department
1 2.2
Corona Police Department 1 2.2
Upland Police Department 1 2.2
Montclair Police Department 1 2.2
For the Drug Enforcement Administration:
Date:
Matthew W. Allen
Special Agent in Charge
Los Angeles Field Division
For the Montclair Police Department:
Date:
Jason Reed
Chief of Police
Montclair Police Department
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 158 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JULY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 12
FILE I.D.: FWY151
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–49, AMENDMENT NO. 2 TO AGREEMENT NO. 15–63 WITH THE CITY OF CHINO FOR DESIGN AND CONSTRUCTION OF THE CENTRAL AVENUE AT SR–60 INTERCHANGE IMPROVEMENTS PROJECT,
SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING AN ADDITIONAL $2,433 APPROPRIATION FROM MEASURE I FUNDS FOR A TOTAL AMOUNT OF $101,532 FOR THE CITY’S SHARE CONTRIBUTION
FOR THE PROJECT
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID
AGREEMENT AND RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City’s required contribution toward the Central Avenue at SR–60 Interchange Improvements Project has increased, and the Agreement with the City of Chino must be updated accordingly.
The City Council is requested to consider approval of Agreement No. 25–49, Amendment No. 2 to Agreement No. 15–63 with the City of Chino for design and construction of the Central Avenue at State Route 60 (SR–60) Interchange Improvements Project, authorize an additional $2,433 appropriation from Measure I funds, and authorize the City Manager to sign said Agreement and related documents.
BACKGROUND: On August 3, 2015, the City Council approved Agreement No. 15–63 with the City of Chino, a reimbursement agreement for the Central Avenue at SR–60 Interchange Improvements Project, which was executed in December of 2015. The Project is critical to the region to reduce traffic congestion at the interchange. The planned improvements included widening of the existing eastbound and westbound ramps and the existing Central Avenue Bridge overcrossing with enhanced hardscape and landscape.
San Bernardino County Transportation Authority (SBCTA) is the lead agency for project management, planning, environmental documentation, preparation of plans and specifications, right–of–way, and construction activities, including selecting and retaining consultants. The estimated project cost in 2015 was $20,591,000 based on a concept design and the City’s fair–share of 0.6 percent for the Project was estimated at $74,964. As a routine practice throughout project delivery, the engineer’s estimate was updated. SBCTA updated the engineer’s estimate based on actual construction costs, resulting in higher anticipated costs for the Project. The updated total project cost estimate was $36,131,735 in 2023, and increased an additional $759,593 to a total of $36,891,328 in 2025.
The Central Avenue at SR–60 Interchange Improvements Project is substantially complete, with SBCTA currently finishing the final items on Caltrans' inspection checklist.
The one–year plant establishment period began in March 2024 and SBCTA is currently waiting for partial relief of maintenance from Caltrans. The long–term (4–year) landscape maintenance contract work began on July 1, 2025. The additional costs incurred are MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 159 of 198 primarily due to a shortfall in the long–term maintenance contract budget caused by rising labor and material costs. Additional shortfalls were incurred with right–of–way acquisition and preparation of plans, specifications and estimates. A final reconciliation of project costs is scheduled to occur later this year between SBCTA and the contractor, with final pricing to be determined and delivered to the cost sharing agencies.
Staff recommends that the City Council approve Amendment No. 2 to the Reimbursement Agreement outlining recalculated contribution shares due to increased costs for actual construction, construction management, and construction contingencies. The City’s fair–share contribution has increased by $2,433 for a total contribution amount of $101,532 for the Project.
FISCAL IMPACT: Measure I funds are available for the City’s fair–share contribution for this Project.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–49, Amendment No. 2 to Agreement No. 15–63 with the City of Chino for design and construction of the Central Avenue at SR–60 Interchange Improvements Project, subject to any revisions deemed necessary by the City Attorney;
2. Authorize an additional $2,433 appropriation from Measure I funds for the total amount of $101,532 for the City’s share contribution for the project; and
3. Authorize City Manager Edward C. Starr to sign said Agreement and related documents.
MONTCLAIR CITY COUNCIL MEETING – 07/21/2025 Page 160 of 198 AGREEMENT NO. 25-49
AMENDMENT 2 to AGREEMENT NO. 15-63