Montclair City Council
October 21, 2024

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, October 21, 2024
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Tenice Johnson
Council Members
Bill Ruh
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, October 21, 2024
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. Inland Empire Utilities Agency Update
B. Proclamation Declaring the Week of October 21, 2024, as Code Enforcement Officer Appreciation Week in the City of Montclair
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

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

VII. PUBLIC HEARINGS — None Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting – October 7, 2024 [CC/SA/MHC/MHA/MCF] 69

XXXXXXXXXXXXX
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B. Administrative Reports

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

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

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

4. Consider Approval of Warrant Register [SA] 7

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

6. Consider Approval of Warrant Register [MHC] 9

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

8. Consider Approval of Warrant Register [MHA] 11
C. Agreements

1. Consider Approval of Agreement No. 24–79 with Graffiti Tracker Inc. for Continued Use of its Database to Track and Analyze Graffiti for the Police Department [CC]
Consider Authorizing a $3,300 Appropriation from the Prop 30/AB 109 Fund for Costs Associated with Agreement No. 24–79 [CC] 12

2. Consider Approval of Agreement No. 24–80 with the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) to Accept a $500,000 Award Under the 2024 Cops Hiring Program [CC] Consider Authorizing City Manager Edward C. Starr and Police Chief Jason Reed to Sign said Agreement [CC]
Consider Authorizing a $500,000 Appropriation from the Public Safety Grant Fund to Cover a Portion of Salaries and Benefits for Four Newly Hired Sworn Officers over a Three–Year Period [CC] 22

3. Consider Approval of Agreement No. 24–81 with YESCO for the Renovation and Restoration of the “City of Montclair” Monument Sign at the Montclair Civic Center [CC]
Consider Authorizing a Transfer of $30,061.50 from the Information Technology Enhancement Reserve Fund to the Information Technology Department Capital Outlay Fund to Cover Costs Associated with Agreement No. 24–81 [CC] 44

4. Consider Approval of Agreement No. 24–82 with the Upland Police Department to Rejoin the Special Weapons and Tactics (SWAT) Team, Subject to any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing Police Chief Jason Reed to Sign said Agreement [CC] 55 D. Resolutions

1. Consider Adoption of Resolution No. 24–3458 Authorizing the Submission of an Application for Grant Funds for the Solid Waste Disposal Program of the Department of Resources Recycling and Recovery (CalRecycle), and Authorizing the Execution of Application– Related Documents by the City Manager or His Designee [CC] 65 IX. PULLED CONSENT CALENDAR ITEMS
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 2 of 73 Page No.

X. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events

2. Police Department — Community Announcement
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: 1007–393–03–0000
Negotiating Parties: City of Montclair, Central Park Plaza Limited Partnership City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting – October 7, 2024 [CC] 68 XI. CLOSED SESSSION
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, November 4, 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, October 17, 2024.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 3 of 73

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
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 September 30, 2024.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending September 30, 2024.

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 September 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated October 21, 2024, and the Payroll Documentation dated October 6, 2024, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated October 21, 2024, totals $2,320,641.69.

The Payroll Documentation dated October 6, 2024, totals $895,738.79 gross, with $625,164.99 net being the total cash disbursement.

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

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
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 September 30, 2024, 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 September 30, 2024.

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 September 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
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 September 30, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Successor to the Redevelopment Agency Warrant Register dated 09.01.24-09.30.24 in the amounts of $4,972.06 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 Johnson 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 September 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
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 September 30, 2024, 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 September 30, 2024.

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 September 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
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 September 30, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 09.01.24–

09.30.24 in the amount of $88,887.55 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 Johnson recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending September 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
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 September 30, 2024, 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 September 30, 2024.

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 September 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
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 September 30, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 09.01.24–

09.30.24 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 Johnson recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending September 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: GRF050
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–79 WITH GRAFFITI TRACKER INC. FOR

CONTINUED USE OF ITS DATABASE TO TRACK AND ANALYZE GRAFFITI FOR THE

POLICE DEPARTMENT
CONSIDER AUTHORIZING A $3,300 APPROPRIATION FROM THE PROP 30/AB 109 FUND FOR COSTS ASSOCIATED WITH AGREEMENT NO. 24–79
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–79 with Graffiti Tracker Inc. for continued use of its database to track and analyze graffiti and to authorize a $3,300 appropriation from the Prop 30/AB 109 Fund to pay the costs associated with the Agreement.

A copy of proposed Agreement No. 24–79 is attached for the City Council’s review and consideration.

BACKGROUND: Graffiti has been one of the most common urban problems threatening the vitality and beauty of cities across the country and continues to be a major concern for the City of Montclair.

Since 2007, Graffiti Tracker Inc. has provided City personnel with the tools needed to reduce graffiti vandalism. The company assisted the City in implementing a graffiti protocol that continues to provide a graffiti database, analyses, and tracking to reduce graffiti vandalism further. Graffiti Tracker utilizes cameras equipped with Global Positioning System technology. The City’s graffiti abatement crews take photographs of graffiti, which they submit to Graffiti Tracker, where they are analyzed and categorized for reference. The result of the analysis is then stored in a web–based graffiti tracking system. City personnel is permitted unlimited searches of the organized database to determine patterns of graffiti incidents, such as most active vandals and gangs, rising tension between rival gangs, and frequently hit areas or “hot spots.” Since the program is web–based, there is no need for software installation or restrictions on the number of system users.

FISCAL IMPACT: If authorized by the City Council, funding for Agreement No. 24–79 would result in an appropriation and expenditure from the Prop 30/AB 109 Fund (1141) in the amount of $3,300.

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

1. Approve Agreement No. 24–79 with Graffiti Tracker Inc. for continued use of its database to track and analyze graffiti for the Police Department

2. Authorize a $3,300 appropriation from the Prop 30/AB 109 Fund for costs associated with Agreement No. 24–79.

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PROFESSIONAL SERVICES AGREEMENT
(City of Montclair and Graffiti Tracker Inc.)
THIS PROFESSIONAL SERVICES AGREEMENT is made as of January 1, 2025 by and between the City of Montclair, (“Agency”), and Graffiti Tracker Inc. (“Contractor”).

RECITALS

1. Agency has determined that it requires professional services from a Contractor to provide graffiti analysis and tracking services for the Agency.

2. Agency desires to retain Contractor, as an independent contractor to provide such services on an as needed basis.

3. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained, the parties hereto agree as follows:

1. Contractor’s Services.
a. Scope and Level of Services. The nature, scope, and level of the specific services to be performed by Contractor are as set forth in Exhibit A, attached to this Agreement and incorporated herein as though set forth in full. Agency is retaining Contractor pursuant to this Agreement on a non-exclusive basis and reserves the right to retain other professionals to perform similar service if Agency determines such services are needed.
b. Time of Performance. The services shall be performed in a timely manner and on a regular basis in accordance with the written instruction of the Contract Administrator. Time is of the essence in the performance of this Agreement.

2. Standard of Care. As a material inducement to Agency to enter into this Agreement, Contractor hereby represents and warrants that it has the professional expertise and experience necessary to undertake the services to be provided herein.

3. Compliance with Law. All services rendered hereunder by Contractor shall be provided 1 Agreement No. 24–79
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 13 of 73 in accordance with all ordinances, resolutions, statutes, rules, and regulations of Agency and any federal, state or local governmental agency having jurisdiction in effect at the time service is rendered.

4. Term of Agreement. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect for a period of 12 months, unless earlier terminated pursuant to Section 14.

5. Compensation. Agency agrees to compensate Contractor for its services according to the fee and payment schedule set forth in Exhibit B, attached hereto and incorporated herein as though set forth in full. In no event shall the total compensation and costs payable to Contractor under this Agreement exceed the sum of three thousand three hundred ($3,300.00) unless specifically approved by the City Council. Agency agrees that services may not begin until first payment is received.

6. Ownership of Work Product. All reports, documents or other written material developed by Contractor in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency.

7. Representatives.
a. Project Manager. The Project Manager for the services required under this Agreement is hereby designated as Timothy M. Kephart who shall be the representative of Contractor authorized to act in its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the foregoing Project Manager without the express written approval of Agency. b. Contract Administrator. The Contract Administrator and Agency’s representative shall be the Chief of Police, or in his/her absence, an individual designated in writing by the Contract Administrator. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by Agency to the Contract Administrator. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Administrator.
2 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 14 of 73

8. Standard of Performance. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to Agency. Contractor hereby covenants that it shall follow the highest professional standards in performing all services required hereunder.

9. Status as Independent Contractor. Contractor is, and shall at all times remain as to Agency, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement.

Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner, employees of Agency. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor further agrees to indemnify and hold Agency harmless from any failure of Contractor to comply with applicable workers’ compensation laws. Agency shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to Agency from Contractor as a result of Contractor’s failure to promptly pay to Agency any reimbursement or indemnification arising under this section.

10. Confidentiality. Agency agrees not to use any intellectual property or information related to the Graffiti Tracker system for purposes of development or competition of another Graffiti Tracker system. Upon request, all Agency data shall be returned to Agency upon the termination of this Agreement. Contractor’s covenant under this section shall survive the termination of this Agreement.

11. Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

12. Indemnification. Contractor agrees to indemnify, hold harmless and defend Agency and the Redevelopment Agency, and their respective officers, employees, volunteers, and agents serving as independent contractors in the role of Agency or Agency officials, (collectively, “Indemnities”), from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from willful misconduct, negligent acts, 3 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 15 of 73 errors or omissions of Contractor or any of its officers, employees, or agents. a. Agency does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by Agency, or the deposit with Agency, of any insurance policy or certificate required pursuant to this Agreement. b. This hold harmless, indemnification and defense provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor’s covenant under this section shall survive the termination of this Agreement.

13. Cooperation. In the event any claim or action is brought against Agency relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that Agency might require.

14. Termination.
a. Agency shall have the right to terminate the services of Contractor at any time for any reason on sixty (60) calendar days written notice to Contractor. In the event this Agreement is terminated by Agency, Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect, and Contractor shall have no other claim against Agency by reason of such termination, including any claim for compensation.
b. Contractor shall have the right to terminate this Agreement at any time for any reason on sixty (60) calendar days written notice to Agency, and Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect.

15. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
4 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 16 of 73 Agency:

Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763
Contractor:

Graffiti Tracker Inc.
2916 S 132nd St #311
Omaha, NE 68144

16. Nondiscrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Contractor will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

17. Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor’s obligations hereunder, without the prior written consent of Agency, and any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.

18. Compliance with Laws/Licenses. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall obtain and maintain all necessary professional licenses for providing the services outlined in this Agreement.

19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Contractor constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. 5 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 17 of 73

20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees. The venue for any litigation shall be San Bernardino County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of the Agreement.

21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provision of any Exhibit or document incorporated herein by reference, the provisions of this Agreement shall prevail.

22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Agency and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
6 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 18 of 73 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
“Agency”
City of Montclair:

By:

Javier John Dutrey, Mayor
Attest:

By:

Andrea M. Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
“Contractor”
Graffiti Tracker Inc.

By:

Timothy M. Kephart, President
By:

Faith Snider, Secretary
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 19 of 73

EXHIBIT A

SCOPE OF SERVICES
Contractor shall perform the following services for the City of Montclair:

Responsibilities

1. Train designated personnel on how to use GPS cameras/ Phone App.

2. Establish graffiti tracking protocols.

3. Train personnel on how to upload graffiti data to the Graffiti Analysis Intelligence Tracking System (GAITS).

4. Provide access to GAITS to all designated personnel twenty-four hours a day, seven days a week until contract ends.

5. On a daily basis, graffiti data will be uploaded to the GAITS system from the City of Lancaster’s staff. Graffiti Tracker Inc. will be responsible for analyzing all of that data and making the results of that analysis available to the GAITS system.

6. Provide training to all designated personnel (Agency staff/law enforcement/District Attorney’s Office) on how to utilize the GAITS system.

This contract constitutes a lease for access to the Graffiti Analysis Intelligence Tracking System (GAITS). Permission from the Contract Administrator will be required for anyone to have access to this system. Upon permission being granted for access to the system, a username and password will be given to those individuals and they will be granted an “Operator” level access to the GAITS system. This lease will be in effect for the duration of the contract. 8 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 20 of 73

EXHIBIT B

SCHEDULE OF FEES
Contractor will not be required to work on the following ten holidays:

1. January 1 (New Year’s Day)

2. The third Monday in January (Dr. Martin Luther King Jr. Day)

3. The third Monday in February (President’s Day)

4. March 31st (Cesar Chavez Day)

5. The last Monday in May (Memorial Day)

6. July 4 (Independence Day)

7. The first Monday in September (Labor Day)

8. November 11 (Veteran’s Day)

9. The fourth Thursday in November (Thanksgiving Day)

10. December 25 (Christmas Day)
The total contract amount for the twelve-month time period commencing January 1, 2025 and ending December 31, 2025 will be an amount not to exceed $3,300.00 based on an average of graffiti analyzed per month.

Effective upon the signing of this contract, an invoice for the amount of $3,300.00 will be submitted by the Contractor to the Contract Administrator. Payment should be processed and received no later than 30 calendar days from the date invoice was submitted.

It is recommended that each graffiti abatement crew be equipped with one (1) camera. Services will commence once the first invoice is paid.
9 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 21 of 73

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: PDT175/362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–80 WITH THE U.S. DEPARTMENT OF

JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) TO ACCEPT A $500,000 AWARD UNDER THE 2024 COPS HIRING PROGRAM
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR AND POLICE CHIEF

JASON REED TO SIGN SAID AGREEMENT
CONSIDER AUTHORIZING A $500,000 APPROPRIATION FROM THE PUBLIC SAFETY

GRANT FUND TO COVER A PORTION OF SALARIES AND BENEFITS FOR FOUR NEWLY HIRED SWORN OFFICERS OVER A THREE–YEAR PERIOD
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–80 with the U.S. Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS Office) for acceptance of a $500,000 award under the 2024 COPS Hiring Program (CHP), and to authorize City Manager Edward C. Starr and Police Chief Jason Reed to sign said Agreement. The City Council is also requested to consider authorizing a $500,000 appropriation from the Public Safety Grant Fund to cover a portion of salaries and benefits for four newly hired sworn officers over a three– year period under the CHP – the balance of $1,072,404 would be covered by the General Fund.

The COPS Hiring Program provides funding to law enforcement agencies to hire and/or rehire additional sworn career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts.

A copy of proposed Agreement No. 24–80, which is the award offer, is attached for the City Council's review and consideration.

BACKGROUND: The goal of the COPS Office is to advance public safety through community policing by funding additional full–time career law enforcement positions to meet law enforcement agencies’ community policing strategies. The COPS Office defines community policing as a “philosophy that promotes organizational strategies that support the systematic use of partnerships and problem–solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime.” Officers funded under CHP awards must be used to initiate or enhance community policing activities. Anticipated outcomes of CHP awards include engagement in planned community partnerships, implementation of projects to analyze and assess problems, implementation of changes to personnel and agency management in support of community policing, and increased capacity of agencies to engage in community policing activities.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 22 of 73 In June 2024, Montclair Police Department staff submitted an application for the 2024 COPS Hiring Program and chose Building Legitimacy and Trust as the problem/focus area for our project, which is one of DOJ’s priority crime problem/focus areas. Our proposed project entitled, Improving Quality of Life by Building Trust Through Enhanced Community Policing, focuses on engaging in community policing activities and promoting public trust. To support our community policing project, we requested four newly hired, full–time sworn career law enforcement officer positions: two currently unfunded officer positions and two additional officer positions. These positions would be in addition to the Police Department’s current budgeted (funded) level of sworn officers.

After hiring entry–level, COPS Office–funded officers, the Department would have the capacity to enhance its focus on building legitimacy and trust in the community it serves by redeploying its experienced officers to our Special Enforcement Team (SET). By assigning more officers to SET, the Department would be able to strengthen community partnerships via information sharing, implement projects to assess current problems, make internal changes to personnel and agency management, and provide training on community policing principles. These officers would reach out to educational, religious, and civic organizations to facilitate better relationships; attend foundation, property association, and Montclair Chamber of Commerce meetings; focus on nonenforcement contact with business owners to open lines of communication; and address crime to determine its underlying causes. SET officers would hold their own community meetings, working with the Community Relations Division to build positive relationships and further enhance the efforts of the School Resource Officer Program.

SET officers would not be part of the patrol division deployment, and thus, would have the ability to alter schedules based on planned activities and needs of the community while not being constrained by routine patrol schedules or activities. This special assignment to SET would no longer be an ancillary duty — officers would be assigned to SET on a full–time basis with an assigned supervising sergeant.

One of the major goals of this multi–officer team is to focus on community outreach.

This would be conducted in various forms including the use of social media, community education, traffic safety education and enforcement objectives through the California Office of Traffic Safety, and targeted data–based crime enforcement. Through social media, SET would educate the public and share crime–related data as well as information about Department and community events, and ongoing enforcement efforts, thereby increasing overall trust in the community. By doing so, the Department intends to bridge the communication gap with the public and increase transparency.

SET members would also work closely with the Department’s Crime Analyst to establish data–based policing methods and would focus efforts based on the analysis of current crime trends. This information would be shared with business owners and community members, providing tips and guidance on mitigation methods to help reduce crime.

SET members would also be Department Homeless Liaison Officers and reach out to the homeless community through nonenforcement patrols and referrals from community groups. The Department intends to develop a strong partnership with the Homeless Outreach and Proactive Enforcement program run by the San Bernardino County Sheriff’s Department to deliver services and resources to those in need. SET officers would work closely with the City’s Special Operations Team to reduce homelessness and improve the quality of life for the unhoused.

On September 30, 2024, the COPS Office announced that the Police Department’s MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 23 of 73 proposal for the FY 2024 COPS Hiring Program was approved in the amount of $500,000.

The COPS Office reviews the applicant’s need for federal assistance, crime rates, current commitment to community policing, and the strength of their proposed community policing strategy. The Department’s approved project that would be implemented with these award funds would contribute to the mission of the COPS Office and the greater goal of reducing crime and building trust between law enforcement and the community we serve.

The award offer lists many terms, conditions, and requirements of recipients, namely:
 Recipients must retain all sworn officer positions awarded under the CHP award for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally–funded sworn officer positions that would have existed in the absence of the award;  Each officer hired with CHP funding will be subject to a background investigation, and the COPS Office must be notified upon completion of the background investigation for each officer hired under the award;
 Recipients must use award funds to supplement, and not supplant, local funds that are already committed or otherwise would have been committed for award purposes during the award period;
 Recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project; the maximum federal share is $125,000 per officer position for three years;
 Officers funded under CHP awards (newly hired additional officers or an equal number of redeployed veteran officers) must implement our approved community policing plan described in our award application;
 Funds may only be used to pay entry–level salaries and fringe benefits for full– time career law enforcement officers for 36 months during the five–year period of performance; a recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become career law enforcement officers;
 Officers must be hired on or after the official award start date, which is October 1, 2024.

In cooperation with our established community partners, members of the Police Department would be tasked with implementing our approved community policing plan by reaching out to residents, business owners, and schools to establish and enhance relationships with the goal of building trust and respect with the community and increasing positive community perceptions of law enforcement. They would proactively address the needs of the community, public safety issues, and factors that contribute to crime as well as its underlying cause. By enhancing community policing strategies and practices, the Department intends to improve the quality of life for everyone who lives, works, or visits the Montclair community.

FISCAL IMPACT: If the City Council approves acceptance of the 2024 COPS Hiring Program award, a reimbursement of $500,000 in federal funding would be allocated towards the cost of four newly hired entry–level sworn officer salaries and benefits over a three–year period estimated to cost a total of $1,572,404. Funding would support MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 24 of 73 three years of officer salaries within a five–year period of performance to accommodate time needed for recruitment and hiring. The maximum federal share per officer position is $125,000 over the three–year period (not $125,000 per year) and all additional costs exceeding entry–level salaries and fringe benefits would be the responsibility of the City.

The CHP would not cover overtime costs, training, travel, equipment, severance pay, hazard pay, uniform maintenance costs, or retroactive pay. The COPS Office makes all awards from the 2024 CHP in the form of grants. Accepting this award would require an appropriation from the Public Safety Grant Fund (1163) in the amount of $500,000, and the balance of $1,072,404 would be covered by the General Fund.

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

1. Approve Agreement No. 24–80 with the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) to accept a $500,000 award under the 2024 COPS Hiring Program;

2. Authorize City Manager Edward C. Starr and Police Chief Jason Reed to sign said agreement; and

3. Authorize a $500,000 appropriation from the Public Safety Grant Fund to cover a portion of salaries and benefits for four newly hired sworn officers over a three– year period.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 25 of 73 Department of Justice (DOJ)
Office of Community Oriented Policing Services (COPS
Office)
Washington, D.C. 20531
Name and Address of Recipient: MONTCLAIR COMMUNITY FOUNDATION, INC. 5111 BENITO ST
City, State and Zip: MONTCLAIR, CA 91763
Recipient UEI: YM87HK81HED6
Project Title: FY24 COPS Hiring Program
(CHP) Award Number: 15JCOPS-24-GG-03628-UHPX
Solicitation Title: FY24 COPS Hiring Program
Federal Award Amount: $500,000.00 Federal Award Date: 9/30/24 Awarding Agency: Office of Community Oriented Policing Services Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:

16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 10/1/24 Project Period End Date: 9/30/29 Budget Period Start Date: 10/1/24 Budget Period End Date: 9/30/29 Project Description:

The COPS Hiring Program (CHP) provides funding to law enforcement agencies to hire and/or rehire additional career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts.

Anticipated outcomes of CHP awards include engagement in planned community partnerships, implementation of projects to analyze and assess problems, implementation of changes to personnel and agency management in support of community policing, and increased capacity of agency to engage in community policing activities.

Page: 1 of 18
Agreement No. 24–80
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 26 of 73 Award Letter
September 30, 2024
Dear Jason Reed,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by MONTCLAIR COMMUNITY FOUNDATION, INC. for an award under the funding opportunity entitled 2024 FY24 COPS Hiring Program. The approved award amount is $500,000.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

Hugh T. Clements
COPS Director
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).

Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.

Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.

Page: 2 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 27 of 73 OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.

Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.

For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts.

Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name
MONTCLAIR COMMUNITY FOUNDATION, INC.

UEI
YM87HK81HED6 ORI Number
Street 1
5111 BENITO ST Street 2
City

MONTCLAIR
State/U.S. Territory
California
Zip/Postal Code
91763
Country
United States
County/Parish Province
Award Details
Federal Award Date
9/30/24
Award Type
Initial
Award Number
15JCOPS-24-GG-03628-UHPX
Supplement Number
00 Federal Award Amount
$500,000.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.710 Public Safety Partnership and Community Policing Grants Page: 3 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 28 of 73 Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2024 FY24 COPS Hiring Program
Application Number
GRANT14158297
Awarding Agency
COPS
Grant Manager Name

TAMMY RICHARDSON
Phone Number
202-598-6908
E-mail Address
[email protected]
Project Title
FY24 COPS Hiring Program (CHP)
Performance Period Start
Date
10/01/2024
Performance Period End Date
09/30/2029
Budget Period Start Date
10/01/2024
Budget Period End Date
09/30/2029
Project Description
The COPS Hiring Program (CHP) provides funding to law enforcement agencies to hire and/or rehire additional career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts.

Anticipated outcomes of CHP awards include engagement in planned community partnerships, implementation of projects to analyze and assess problems, implementation of changes to personnel and agency management in support of community policing, and increased capacity of agency to engage in community policing activities. [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
Page: 4 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 29 of 73 This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 9/16/24 8:18 AM
Comments
No items
Budget Category Proposed
Budget
Change Approved
Budget
Percentages
Sworn Officer Positions: $1,572,403$1 $1,572,404 ––
Civilian or Non-Sworn Personnel: $0 $0 $0 ––
Travel: $0 $0 $0 ––
Equipment: $0 $0 $0 ––
Supplies: $0 $0 $0 ––
SubAwards: $0 $0 $0 ––
Procurement Contracts: $0 $0 $0 ––
Other Costs: $0 $0 $0 ––
Total Direct Costs: $1,572,403$1 $1,572,404 ––
Indirect Costs: $0 $0 $0 ––
Total Project Costs: $1,572,403$1 $1,572,404 ––
Federal Funds: $500,000$0 $500,000 31.80%
Match Amount: $1,072,404$0 $1,072,404 68.20%
Program Income: $0 $0 $0 0.00%
Budget Category
Sworn Officer
Civilian Personnel
Page: 5 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 30 of 73 Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Other Award Documents
[ ]
Approved Problem Focus Area: Building Legitimacy and Trust 4 Full?Time Officers Funded
4 New Hires
0 Rehires Previously Laid Off
0 Rehires Scheduled for Lay Off
I have read and understand the information presented in this section of the Federal Award Instrument.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Further Consolidated Appropriations Act, 2024, Public Law 118-47, Division B, Title VII, Section 742. 2 Federal Civil Rights: The recipient and any subrecipient must comply with applicable federal civil rights and nondiscrimination statutes and regulations including: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), as implemented in Subparts C and D of 28 C.F.R. Part 42; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as implemented in Subpart G of 28 C.F.R. Part 42; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681), as implemented in Subpart D of 28 C.F.R. Parts 42 and 54; section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102), as implemented in Subpart I of 28 C.F.R. Part 42; and section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)), as implemented in Subpart D of 28 C.F.R. Part 42.

Page: 6 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 31 of 73 In addition to applicable federal statutes and regulations that pertain to civil rights and nondiscrimination, the recipient and any subrecipient must comply with the requirements in 28 C.F.R. Parts 22 (Confidentiality of Identifiable Research and Statistical Information); 28 C.F.R. Part 23 (Criminal Intelligence Systems Operating Policies); 28 C.F.R. Part 38 (Partnerships with Faith-Based and Other Neighborhood Organizations); and 28 C.F.R. Part 46 (Protection of Human Subjects). For an overview of the civil rights laws and nondiscrimination requirements in connection with your award, please see https://www.ojp.gov/program/civil-rights/overview. 3 Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.

Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 2 C.F.R. §§ 200.334 and 200.337, and, as applicable, 34 U.S.C. § 10385(a). 4 Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
5 Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions. 6 Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable award year COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including subsequent changes, as adopted by the U.S.

Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.

Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award. 7 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award. 8 Page: 7 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 32 of 73 Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the following requirements of 2 C.F.R. Part 175, Appendix A to Part 175 – Award Term:

I. Trafficking in Persons
(a) Provisions applicable to a recipient that is a private entity. (1) Under this award, the recipient, its employees, subrecipients under this award, and subrecipient’s employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or (iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; (D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country’s housing and safety standards. (2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ at 2 C.F.R. Part 2867.
(b) Provision applicable to a recipient other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by 2 C.F.R. Part 2867. (c) Provisions applicable to any recipient.
(1) The recipient must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix. (2) The Federal agency’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award. (3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:

Employee means either:

Page: 8 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 33 of 73 (1) An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing
requirements.

Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.

The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
9 Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When the recipient agrees to the termination and termination conditions. (3) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (4) Pursuant to any other award terms and conditions, including, when an award no longer effectuates the program goals or agency priorities to the extent such termination is authorized by law.

2. C.F.R. § 200.340.
10 Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:

I. Reporting of Matters Related to Recipient Integrity and Performance (a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111– 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if— (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
(c) Reporting Procedures. Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Page: 9 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 34 of 73 Federal procurement contracts that you were awarded.
(d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions. For purposes of this award term—
Administrative proceeding means a nonjudicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). 11 Reporting Subawards and Executive Compensation: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
(a) Reporting of first-tier subawards—(1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the
subaward.
(2) Reporting Requirements. (i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov. (ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025).
(b) Reporting total compensation of recipient executives for entities—(1) Applicability. The recipient must report the total compensation for each of the recipient’s five most highly compensated executives for the preceding completed fiscal year if:
(i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000;
(ii) in the preceding fiscal year, the recipient received:
(A) 80 percent or more of the recipient’s annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:// www.sec.gov/answers/execomp.htm.)
(2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix:
(i) As part of the recipient’s registration profile at https://www.sam.gov. (ii) No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7,
2025, the executive total compensation must be reported by no later than December 31, 2025.)
(c) Reporting of total compensation of subrecipient executives—(1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal Page: 10 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 35 of 73 year, if:
(i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000;
(ii) In the subrecipient’s preceding fiscal year, the subrecipient received:
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see
the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph
(c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (d) Exemptions. (1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report:
(i) Subawards, and
(ii) The total compensation of the five most highly compensated executives of any subrecipient. (e) Definitions. For purposes of this award term:

Entity includes:
(1) Whether for profit or nonprofit:
(i) A corporation;
(ii) An association;
(iii) A partnership;
(iv) A limited liability company;
(v) A limited liability partnership;
(vi) A sole proprietorship;
(vii) Any other legal business entity;
(viii) Another grantee or contractor that is not excluded by subparagraph (2); and (ix) Any State or locality;
(2) Does not include:
(i) An individual recipient of Federal financial assistance; or (ii) A Federal employee.

Executive means an officer, managing partner, or any other employee holding a management position.

Subaward has the meaning given in 2 CFR200.1.

Subrecipient has the meaning given in 2CFR 200.1.

Total Compensation means the cash and noncash dollar value an executive earns during an entity’s preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2). 12 Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. 13 Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. 14 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).

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MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 36 of 73 15 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.
16 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 17 Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute. 18 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.
19 Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.
20 Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress in implementing the award, and, as applicable, community policing strategies including gauging the effectiveness of your agency’s community policing capacity. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award. 21 System for Award Management (SAM.gov) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management (SAM.gov) and Universal Identifier Requirements (a) Requirement for System for Award Management. (1) Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient’s registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient’s immediate and highest-level owner and subsidiaries and providing Page: 12 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 37 of 73 information about the recipient’s predecessors that have received a Federal award or contract within the last three years.
(b) Requirement for Unique Entity Identifier (UEI). (1) If the recipient is authorized to make subawards under this Federal award, the recipient:
(i) Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient.
(ii) Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM.gov to obtain a UEI. (c) Definitions. For the purposes of this award term:

System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient. Additional information about registration procedures may be found in SAM.gov (currently at https://www.sam.gov).

Unique entity identifier means the universal identifier assigned by SAM.gov to uniquely identify an entity.

Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1:
(1) Non-Federal entity;
(2) Foreign organization;
(3) Foreign public entity;
(4) Domestic for-profit organization; and
(5) Federal agency.

Subaward has the meaning given in 2 CFR 200.1.

Subrecipient has the meaning given in 2 CFR 200.1.
22 Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a highrisk recipient. 2 C.F.R. § 200.208. 23 Memorandum of Understanding Requirement (for School Resource Officers only) Recipients using award funding to hire and/or deploy School Resource Officers into schools understand and agree to the following:
• Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award letter. • Your agency’s MOU must contain the following information? o The purpose of the MOU
o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers’ roles on safety
o Information sharing
o Supervision responsibility and chain of command for the SRO o Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency’s implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de-obligation. 24 School Resource Officer (SRO) Training Requirement: COPS Office-funded SRO(s) are required to complete an SRO 40-hour basic training course from a list of COPS Office approved provider(s). Training must be completed no later than nine months after the date shown on the award congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office-funded SRO leaves the recipient agency after completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a 40 hour basic training course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed 40-hour basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency must coordinate with the training provider if they want funds to cover registration and travel costs.

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MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 38 of 73 25 Retention: At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally-funded sworn officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention requirement by using CHP-funded positions to fill locally-funded vacancies resulting from attrition. 34 U.S.C. § 10382 (c)(8). 26 Background Investigations: Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation, notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award, and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208
If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.339 until the agency can demonstrate the background investigation has been completed. 27 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).
28 Modifications: Occasionally, a change in an agency’s fiscal or law enforcement situation necessitates a change in its COPS Office CHP award. Award modifications under CHP are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(i). For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application, the agency would have to request a modification. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

During the CHP award period, it may become necessary for an agency to modify its CHP award due to changes in an agency’s fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and/or reduce the entrylevel salary and fringe benefit amounts. For example, an agency may have been awarded CHP funding for 10 new, additional full-time sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all 10 positions and must reduce its request to five full-time positions; or an agency may have been awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application. Award modifications under CHP are evaluated on a case-by-case basis. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office.

Please be aware that the COPS Office will not approve any modification request that results in an increase of federal Page: 14 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 39 of 73 funds.
29 Local Match: COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must be paid during the award period. The local match contribution must be made on an increasing basis during each year of the three-year award period, with the federal share decreasing accordingly. 34 U.S.C. § 10381(g). 30 Extensions: Your agency may request an extension of the 60-month award performance period to receive additional time to implement your award program. Such extensions do not provide additional funding. Any request for an extension will be evaluated on a case-by-case basis. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Reasonable justifications may include difficulties in filling COPS Officefunded positions, officer turnover, or other circumstances that interrupt the 36-month funding period. An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. 2 C.F.R. §§ 200.308(f)(10) and 200.309. Extension requests must be received prior to the end date of the award.
31 Contracts and/or MOUs with other Jurisdictions: Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi-jurisdictional issues as described in the agreement. 32 Community Policing: Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were identified and described in your CHP award application. Your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving—your agency’s plan to assess and respond to the problem identified; (b) community partnerships and support, including related governmental and community initiatives that complement your agency’s proposed use of CHP funding; and (c) organizational transformation—how your agency will use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your agency is required to implement the community policing plan it set forth in the CHP award application.

The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must implement your agency’s approved community policing plan, which you described in your award application.
33 Career Law Enforcement Officer: Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time “career law enforcement officers” for 36 months. The COPS Office’s statute defines a “career law enforcement officer” as “a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws.” 34 U.S.C. §10389(1). A recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become “career law enforcement officers” if it is the standard practice of the agency to do so with locallyfunded recruits. The State of Alaska, and any Indian tribe or tribal organization in that State, may also use officer hiring funds for a “village public safety officer” defined as “an individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670.” Tribal Law and Order Act of 2010, Pub. L. 111-211, title II, § 247 (a)(2).

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MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 40 of 73 34 Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 35 Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. In accordance with 2 C.F.R. § 200.400(g), the recipient or subrecipient must not earn or keep any profit resulting from the award. Funding under this program may be used for the following categories:
• Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency’s budget; • Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or
• Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions.

If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency.
36 Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime problem/focus areas to address in their COPS Hiring Program (CHP) application:
• Building Legitimacy and Trust
• Violent Crime/Gun Violence
• Combatting Hate and Domestic Extremism
• Police-based Response to Persons in Crisis
Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP award application?
Your agency will address its specific priority crime problem throughout the entire CHP award period? Your agency will implement any organizational changes identified in its CHP award application; Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements.
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance Page: 16 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 41 of 73 By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
COPS Director
Name of Approving Official
Hugh T. Clements
Signed Date And Time
9/24/24 4:12 PM
Authorized Representative
Page: 17 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 42 of 73 Page: 18 of 18
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 43 of 73

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: SIG156
DEPT.: INFO. TECH.

PREPARER: J. NGUYEN
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–81 WITH YESCO FOR THE RENOVATION AND RESTORATION OF THE “CITY OF MONTCLAIR” MONUMENT SIGN

AT THE MONTCLAIR CIVIC CENTER
CONSIDER AUTHORIZING A TRANSFER OF $30,061.50 FROM THE INFORMATION

TECHNOLOGY ENHANCEMENT RESERVE FUND TO THE INFORMATION TECHNOLOGY

DEPARTMENT CAPITAL OUTLAY FUND TO COVER COSTS ASSOCIATED WITH AGREEMENT NO. 24–81
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–81 with YESCO for the renovation and restoration of the Montclair Monument sign located at the Montclair Civic Center Campus.

The City Council is also requested to authorize a transfer of $30,061.50 from the Information Technology Enhancement Reserve Fund to the Information Technology Department’s Capital Outlay Fund to cover costs associated with Agreement No. 24–81.

A copy of proposed Agreement No. 24–81 with YESCO is attached for City Council review and consideration.

BACKGROUND: The Montclair monument sign has deteriorated over time, with the wooden letters detaching and the structure significantly weakening due to years of weather exposure. The existing fluorescent lighting is inoperable, and the overall condition of the monument sign no longer conveys the strength and unity of Montclair as it once did.

As a representation of Montclair’s strength, stability, and civic pride, it is important that this monument sign be restored to its original grandeur. The renovation and restoration of the monument sign will provide a welcoming presence for all visitors to the civic campus and ensure that it continues to reflect the city’s integrity, resilience, and ongoing commitment to serving the community. By restoring the sign, Montclair reaffirms its dedication to excellence and creates a lasting symbol of its enduring values.

City staff submitted Requests for Quotes (RFQs) to several firms that specialize monument sign renovation and restorations.

After careful consideration, staff elected to use the services of YESCO given their expertise, reputation, and recommendation from various other cities who have used the services of the company in the past.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 44 of 73 Proposed Agreement No. 24–81
The scope of work includes the following:
 Removing the existing "Montclair CIVIC CENTER" wooden letters and background surface.
 Discarding the current fluorescent lighting fixtures.  Installing new reverse channel letters with programmable, color–changing LED lighting.
 Adding a new aluminum background face with perimeter LED tube lighting.  Repainting the monument sign to restore its visual appeal.

YESCO
YESCO is a premier sign company with over a century of experience in handling renovations. Founded in 1920, YESCO has become an industry leader in sign repair, installation, and electronic display systems. They are known for delivering high–quality results from concept to completion. YESCO’s ability to retrofit signs with energy–efficient solutions, combined with its expertise in handling structural and electrical repairs, makes it the ideal vendor for this project. As a sole–source vendor, YESCO offers unmatched experience and competitive pricing that aligns with Montclair’s goals for this renovation, ensuring the project is in capable hands.

FISCAL IMPACT: Approval of Agreement No. 24–81 between the City of Montclair and YESCO would result in a cost to the City of $30,061.50.

Costs associated with Agreement No. 24–81 would be payable from a transfer from the Information Technology Enhancement Reserved Account to the Information Technology Department’s Capital Outlay Fund (Account No. 1001–4203–62010–400–00000) to complete the project.

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

1. Approve Agreement No. 24–81 with YESCO for renovation and restoration of the “City of Montclair” monument sign at the Montclair Civic Center.

2. Authorize a transfer of $30,061.50 from the Information Technology Enhancement Reserve Fund to the Information Technology Department Capital Outlay Fund to cover costs associated with Agreement No. 24–81.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 45 of 73 Agreement
For Work At
John Nguyen
City of Montclair
5111 Benito Street
Montclair CA 91763
United States
Date
10/02/2024
Project Number
PRY-56179
Billing Address
John Nguyen
City of Montclair
5111 Benito Street
Montclair CA 91763
United States
Project Description
Montclair Civic Center Sign Remodel
Terms
Net 30
Account Executive
006093 David E Jones
djones@yesco com
909-923-7668
Vesco Signs LLC
10235 Bellegrave Avenue
Jurupa Valley CA 91752
United States
Pricing Valid Until
11/01/2024
Deposit
$14,593.00
Agreement No. 24–81
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 46 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 47 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 48 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 49 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 50 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 51 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 52 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 53 of 73 MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 54 of 73

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–82 WITH THE UPLAND POLICE

DEPARTMENT TO REJOIN THE SPECIAL WEAPONS AND TACTICS (SWAT) TEAM,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY

CONSIDER AUTHORIZING POLICE CHIEF JASON REED TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–82 with the Upland Police Department to rejoin the Special Weapons and Tactics (SWAT) Team, and to consider authorizing Chief of Police Jason Reed to sign the Agreement.

Proposed Agreement No. 24–82 has been reviewed by the City Attorney and is attached for City Council’s review and consideration.

BACKGROUND: From 2008 through 2013, the Upland and Montclair Police Departments participated in a joint Special Weapons and Tactical (SWAT) Team. The participating officers from both police agencies were a highly trained and skilled tactical team that reduced the risk of injury or death to citizens, police officers, and suspects. It was recognized that their response to critical incidents was well beyond the scope and training of a patrol officer or detective, which resulted in successful resolution of several critical incidents. In 2018, the Upland Police Department withdrew from the Team due to fiscal difficulties during that the time.

In 2021, the Upland Police Department re–established their SWAT Team. Recently, the Montclair Police Department was asked to rejoin the Upland/Montclair SWAT Team with five officers and one sergeant. This Team would be an ancillary duty for sworn members.

The Team’s primary responsibility would be to handle critical incidents in both cities, such as hostage situations, barricaded suspects, active shooter situations, high–risk warrant services, protection operations, and other situations deemed to be critical in nature. The current SWAT Team is much more capable in its abilities than the past SWAT Team. Currently the SWAT Team has crisis negotiators and tactical dispatchers assigned to the Team.

All sworn members from the Montclair Police Department assigned to the SWAT Team would be required to complete a rigorous physical agility, firearms qualification, and successfully graduate the basic special weapons and tactics training hosted by the San Bernardino County Sheriff’s Department. The Montclair Police Department would also assign additional crisis negotiators and tactical dispatchers to the Team.

FISCAL IMPACT: If authorized by the City Council, there would be no fiscal impact. Any future funding for Agreement No. 24–82 with the Upland Police Department would come from the Federal Asset Forfeiture Fund with City Council approval.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 55 of 73 RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 24–82 with the Upland Police Department to rejoin the Special Weapons and Tactical (SWAT) Team, subject to any revisions deemed necessary by the City Attorney; and

2. Authorize Police Chief Jason Reed to sign said Agreement.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 56 of 73 2 UPLAND/MONTCLAIR
SWAT
Agreement No. 24–82
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 57 of 73 3 MEMORANDUM OF UNDERSTANDING
Upland/Montclair SWAT Team

INTRODUCTION
It is recognized that the presence of a highly trained and skilled tactical unit has been shown to reduce the risk of injury or death to citizens, police officers and suspects. It is also recognized that a well-managed team response to critical incidents beyond the scope and training of patrol officers and detectives, usually results in the successful resolution of those events. To this end, it is the intent of the participating cities as well as future potential member cities to pool certain resources whenever personnel, facilities, and equipment are reasonably available and create a regional tactical team. This unit will service all the member agencies and their respective communities to help resolve critical incidents as they arise and will be named the Upland/Montclair SWAT Team also known herein as the "Tactical Team".

It is the intent of this Memorandum to create a structure for participation on the Upland/Montclair SWAT Team by the original participants and to provide a mechanism to allow participation by new members with the approval of the existing members.

GENERAL SUPERVISION
The Upland/Montclair SWAT Team shall be governed by the Chiefs of Police of the member Police Departments, or their designees. Generally, they shall provide operational governance and supervision of the mutual aid and cooperation, and administration of the Upland/Montclair SWAT Team as set forth in this Memorandum and shall make all decisions based on the concurrence of at least a majority of the Chiefs, or their designees, after providing, wherever reasonably possible, an opportunity for all member Chiefs, or their designees, to be involved in any and all such decisions.

AGENCY RESPONSIBILITY
A. Third Party Deaths or Injury.

Each city, as a party to this Memorandum, shall be solely liable for any claim, loss, or damages to nonmember third parties for personal injury and/or death including, with limitation, attorney fees, and costs, arising out of acts or omissions of that city's own employees who are members of, or who participate in support of, the Upland/Montclair SWAT Team. To the extent permitted by law, proportional liability to third parties for death or personal injury arising out of acts or omissions of the employees of more than one city may be established either by stipulation among the affected cities or by a court of competent jurisdiction.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 58 of 73 4 B. Third Party Property Damage.

The city requesting the response of the Upland/Montclair SWAT Team shall in all cases be solely liable for any claim, loss, or damages for property damage to third parties including, without limitation, attorneys fees and costs, arising out of the activities of the Upland/Montclair SWAT Team.

C. City Property Damage and Death or Injury to City Employee Assigned to the Upland/Montclair SWAT Team.

Notwithstanding any other provision of this agreement, the parties hereto specifically agree that in the event of an injury, illness or death to any duly assigned city employee member of the Upland/Montclair SWAT Team, or damage or loss of any type to the property of a member city, arising out of the participation in the training or operations of the Upland/Montclair SWAT Team, the assigning city shall indemnify, defend and hold harmless the other cities, and such cities' officials, offices, agents and employees from any and all such demands, claims, or liabilities arising there from including, without limitation, those which constitute a workers compensation claim.

D. Indemnification and Defense.

In connection with any claim, injury or property damage for which a member city is obligated to indemnify and defend another member city or cities, such indemnifying city shall indemnify, defend and hold harmless other member cities, and such agencies' officials, officers, agents and employees from any and all demands, claims or liabilities of any nature arising out of the incident giving rise to the defense and indemnification obligation. In such cases, each member city shall use its best efforts to cooperate and assist in such a defense, except to the extent that such cooperation and assistance could, in the opinion of the member city's City Attorney, be reasonably expected to prejudice the legal interests of that indemnified and defended member city. Each party hereto shall at all times maintain in full force and effect workers compensation insurance and compliance with applicable law and adequate liability insurance or legally adequate self- insurance to cover its activities hereunder.

E. Survival of Provisions
Notwithstanding any provision to the contrary in this section entitled "Agency Responsibility" the requirements of this section shall survive any termination or expiration of this agreement, as well as the withdrawal of a City from the Upland/Montclair SWAT Team.

FINANCES
Each agency will be responsible for overtime expenses, base salary, benefits, and other personnel costs for their participating employees resulting from training and call-outs. Each agency will provide their participating personnel with the requisite safety equipment, which is set forth in the policy and procedures of the Upland/Montclair SWAT Team. Replacement costs of expendable items used during training and/or call-outs will be shared equally only if the value of expendable items was contributed equally. A detailed accounting of such items will be maintained and a written statement of costs incurred will be submitted for payment.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 59 of 73 5 AGENCY PARTICIPATION
This agreement is completely voluntary in nature and places none of the jurisdictions under any obligation to respond to a request for the Upland/Montclair SWAT Team that it is unwilling or unable to honor.

However, every reasonable effort based in part upon availability of funding, manpower and equipment will be made to accommodate all requests for service. It is further agreed:
o All participating personnel will attend scheduled training sessions. o New personnel appointed to the Upland/Montclair SWAT Team will complete basic special weapons and tactics training as soon as practical, preferably no later than one year from their appointment. o Upland/Montclair SWAT Team training will occur on a monthly basis in accordance with POST recommended guidelines.
o Tactical officers shall maintain minimum levels of physical fitness and satisfactorily complete fitness tests in accordance with team standards.

ASSIGNMENT OF PERSONNEL
Their respective department heads must approve the assignment of personnel to the Upland/Montclair SWAT Team. The Chiefs of Police, or their designees, may reject any candidate. The Tactical Team Commander may request the Chiefs of Police, or their designees, return any officer to his/her respective department for any or no reason.

Officers assigned to the Upland/Montclair SWAT Team shall meet their perspective department’s policies for specialized assignments and be a full-time police officer. Thereafter, assignment to the Upland/Montclair SWAT Team will be reviewed on a yearly basis.

TEAM MANAGEMENT
Each participating police agency shall provide one police lieutenant to be assigned to the Upland/Montclair SWAT Team. Each lieutenant shall act as a liaison for their respective police agency, and shall assist with team management and supervision.

From the assigned lieutenants, the Chiefs of Police, or their designees, shall select an Upland/Montclair SWAT Team Commander, who shall have overall responsibility for managing the Upland/Montclair SWAT Team. Each of the other lieutenants shall be subordinate to the team Commander and designated as Assistant Tactical Team Commanders. Assistant Tactical Commanders shall be responsible for directing the Upland/Montclair SWAT Team when the Tactical Commander is not available.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 60 of 73 6 Officers assigned to the Upland/Montclair SWAT Team will work under the supervision of the Tactical Team Commander and team members assigned as supervisors. Team members will follow all policies, procedures, and guidelines specifically approved by the concurrence of the Chiefs of Police for Tactical Team operations. Should any of the Tactical Team policies or procedures conflict with the department rules or respective team members, the members shall immediately bring the conflict to the attention of the Tactical Commander or Supervisors. Supervisors will then take the necessary action to eliminate the conflict consistent with the department rules of the respective team member.

ACTIVATION CRITERIA
The Upland/Montclair SWAT Team will respond to critical incidents at the request of the on-duty Watch Commander or higher authority of the jurisdiction affected by the incident. Critical incidents are defined as the following:
o Hostage Situations -The holding of any person(s) against their will by an armed or potentially armed suspect.
o Barricaded Subjects - The standoff created by an armed or potentially armed suspect in any location, whether fortified or not, who is refusing to comply with police demands to surrender. o Active Shooter Situations - The firing upon of citizens and/or police by an armed suspect, whether stationary or mobile.
o High-Risk Apprehensions - The arrest or apprehension of armed or potentially armed suspects where the likelihood of armed resistance is likely.
o High-Risk Warrant Service - The service of arrest or search warrants where the warrant dynamics or policy reco1mnends or requires the use of a tactical team.
o Protection Operations - The security of specific persons, such as dignitaries, witnesses, or suspects based on threat or potential threat to the well-being of those persons, or the protection of places at risk due to special events or unusual conditions.
o Special Assignments - Any assignment. Approved by the Field Operations Division Commander or higher authority, based upon a high threat level.

Additional criteria to consider when determining if the Upland/Montclair SWAT Team will be utilized are:
o The suspect has committed a criminal act or is in dangerous mental condition; or MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 61 of 73 7 o The suspect is believed to be armed; or
o The suspect has refused to submit to arrest; or
o By the nature of the situation, an unacceptable risk is presented to police officers or the public.

ACTIVATION PROCEDURE
If the event falls within the aforementioned guidelines, the on-duty Watch Commander / Incident Co1mnander will evaluate the situation. If a response by the Upland/Montclair SWAT Team is appropriate and necessary, the agency will notify the Tactical Team Commander for direction regarding personnel recall.

COMMAND AND CONTROL
When the Upland/Montclair SWAT Team is activated, the Tactical Team Commander will report directly to the Incident Commander at the scene. The Incident Commander is responsible for determining the mission(s) to be undertaken to resolve the incident. The Tactical Team Commander is responsible for determining the tactics to be used in carrying out the mission(s) with the approval of the Incident Commander. The Tactical Team Commander or his designate shall be the only persons to direct, supervise or control any element or member of the Tactical Team during a critical incident.

PERSONNEL COMPLAINT PROCEDURE
In the event of a complaint of misconduct, failure to comply with applicable law or policy, or negligence made against any member of the Tactical Team, such complaint shall be immediately forwarded to the Chief of that member’s assigning agency.

Investigation of, and responses to any such complaint shall be the sole responsibility of the members' assigning agency. Each member agency shall cooperate fully in any such investigation, and shall make available its personnel and records to assist in the investigation to the extent permissible under existing law and applicable personnel rules. In the case of a complaint or complaints against members of the Upland/Montclair SWAT Team from multiple assigning agencies, the Chiefs of Police, or their designees, shall determine how and by whom each such complaint shall be investigated and responded to, in compliance with the applicable procedures and contractual obligations of the assigning agencies.

Each member of the Tactical Team shall fully cooperate with the investigation. Any personnel administrative action resulting from such investigations shall be the sole responsibility of the member's assigning agency.

FIREARMS
Every officer assigned to the Upland/Montclair SWAT Team will carry a firearm in accordance with his/her department policies and procedures. Applicable departmental policies concerning the use of firearms shall apply. Any firearm carried by an officer on the Upland/Montclair SWAT Team must be approved by his/her MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 62 of 73 8 department. The officer must meet their respective agency's qualifying requirements.

SPECIAL WEAPONS AND EQUIPMENT
The Upland/Montclair SWAT Team Co1mnander will work with Team leadership to develop and implement appropriate procedures as they apply to the use of special weapons and equipment in accordance with laws and best common practices of the recognized law enforcement tactical profession.

SHOOTING INCIDENTS
In the event that a member of the Upland/Montclair SWAT Team uses deadly force, while engaged in their capacity as a tactical member of the Tactical Team, that results in injury or death, the Tactical Team Commander will ensure that immediate notification is made to the following entities:
o The jurisdictional law enforcement agency in which the incident took place o The San Bernardino County Sheriffs Department Homicide Bureau o The Watch Commander of the team member's respective agency o The jurisdictional District Attorney’s Office in which the incident took place

INVESTIGATION OF SHOOTING INCIDENTS
In those cases where death or injury is the result of a shooting by a team member, the San Bernardino County Sheriffs Department Homicide Bureau will facilitate the investigation according to their department policy and procedure if the incident occurs within San Bernardino County.

DISCHARGE OF WEAPONS
Any discharge of a weapon by a member of the Upland/Montclair SWAT Team while in their tactical team capacity for any authorized mission which misses its intended target when deadly force would be authorized shall be immediately reported to the Tactical Team Commander for follow-up investigation.

Any unintended discharge of a weapon by any member of the Upland/Montclair SWAT Team while acting in their tactical team capacity at an authorized mission or at Tactical Team training shall be immediately reported to the Tactical Team Commander for follow up investigation.

TERMINATION OF PARTICIPATION
This Memorandum of Understanding shall remain in full force and effect unless and until it is terminated by the affirmative vote of a majority of the cities. Any City may withdraw from membership in the Upland/Montclair SWAT Team at any time and for any or no reason, upon giving not less than thirty (30) calendar days written notice to the Chiefs of Police, or their designees. Any cost, payment, or reimbursement due from any withdrawing agency shall be paid in full or reimbursement due from any agency to the MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 63 of 73 9 withdrawing agency shall be paid in full or otherwise released by all parties prior to the effective date of the withdrawal.

ADDITIONAL AGENCY PARTICIPANTS
The member agencies may, in their sole discretion, approve an application by other qualified law enforcement agencies to join the Upland/Montclair SWAT Team, by at least a 2/3 vote of the current members. Approved new member agencies shall execute this MOU, as the same may be amended from time to time, prior to joining the Upland/Montclair SWAT Team.

ENTIRE AGREEMENT
This MOU represents the entire integrated agreement between the member cities relating to the Upland/Montclair SWAT Team. No subsequent amendment to the MOU shall be valid unless it is in writing and executed by the member Chiefs of Police.

X
Marcelo Blanco
Police Chief
X
Jason Reed
Police Chief
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 64 of 73

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 21, 2024
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: GRT125
DEPT.: HUMAN SVCS./PUBLIC WORKS
PREPARER: A. COLUNGA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3458 AUTHORIZING THE

SUBMISSION OF AN APPLICATION FOR GRANT FUNDS FOR THE SOLID WASTE

DISPOSAL PROGRAM OF THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE), AND AUTHORIZING THE EXECUTION OF APPLICATION–

RELATED DOCUMENTS BY THE CITY MANAGER OR HIS DESIGNEE
REASON FOR CONSIDERATION: The City Council is requested to consider the adoption of Resolution No. 23–3458 authorizing submission of an application for grant funds for the Solid Waste Disposal Program of the Department of Resources Recycling and Recovery (CalRecycle) and authorizing the execution of application–related documents by the City Manager or his designee.

BACKGROUND: The Department of Resources Recycling and Recovery (CalRecycle) offers the Solid Waste Disposal Grant Program, Illegal Disposal Site Abatement pursuant to Section 48020 of the Public Resources Code. The purpose of the grant is to clean up solid waste sites where the responsible party either cannot be identified or is unwilling or unable to pay for timely remediation and where cleanup is needed to protect public health and safety and/or the environment.

According to CalRecycle, widespread illegal dumping of solid waste adversely impacts Californians in many ways. Properties in which illegal dumping occur, lose economic value; create public health and safety and environmental problems; and degrade the enjoyment and pride in the affected communities. There is one million in available funds for the 2024–2025 fiscal year, with the maximum award of $500,000.

Applications for the Illegal Site Abatement Disposal Grant was due October 16, 2024; however, this resolution is required to be approved and submitted by November 13, 2024 to complete the grant application.

The City of Montclair applied for the Holt Boulevard Bridge Abatement Project (Project) which will remove litter and debris from underneath the Holt Boulevard Bridge, located at the intersection of Holt Boulevard and the San Antonio Creek Channel in the southwest area of Montclair. The proposed Project will also add concrete barriers, signs, and fencing to prohibit trespassing and loitering under the bridge, thereby aiding the City in preserving the bridge's structural integrity and decreasing reoccurring maintenance costs and dangerous public health contaminants left by the large homeless population that frequents the Project area.

FISCAL IMPACT: Adoption of proposed Resolution No. 24–3458 would have no direct fiscal impact on the City's General Fund at this time.

Subsequently, the Solid Waste Disposal Grant Program may result in the award of up to $250,000 with matching funds of $250,000, in which would be payable from the Lease Revenue Bonds.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 65 of 73 RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 24–3458 authorizing the submission of an application for grant funds for the Solid Waste Disposal Program of the Department of Resources Recycling and Recovery (CalRecycle) and authorizing the execution of application–related documents by the City Manager or his designee.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 66 of 73 Resolution No. 24–3458 Page 1 of 1
RESOLUTION NO. 24–3458

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTCLAIR AUTHORIZING SUBMITTAL OF AN

INDIVIDUAL GRANT APPLICATION FOR ILLEGAL

DISPOSAL SITE ABATEMENT AND AUTHORIZING THE
EXECUTION OF APPLICATION–RELATED DOCUMENTS

BY THE CITY MANAGER OR HIS DESIGNEE
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair is authorized to submit an application to CalRecycle for Illegal Disposal Site Abatement Application.

BE IT FURTHER RESOLVED that the City Manager, or their designee, are hereby authorized as Signature Authority to execute in the name of the City of Montclair all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption.

APPROVED AND ADOPTED this XX day of XX, 2024.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3458 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2024, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 67 of 73 Personnel Committee Minutes – October 7, 2024 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
OCTOBER 7, 2024, AT 6:14 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Johnson called the meeting to order at 6:14 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Johnson, City Manager Starr, and Assistant City Manager/Director of Human Services
Richter

Absent: Council Member Ruh
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of September 16, 2024.

Moved by Mayor Pro Tem Johnson, seconded by City Manager Starr, and carried unanimously to approve the minutes of the Personnel Committee meeting on September 16, 2024.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:15 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:45 p.m., the Personnel Committee returned from Closed Session.

Mayor Pro Tem Johnson stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 6:45 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 68 of 73

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 7, 2024 Page 1 of 5

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, OCTOBER 7, 2024, AT 7:00 P.M. IN
THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,

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

II. INVOCATION
Pastor Joe Cano, Gracious Living Church, gave the invocation.

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

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Martinez and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Community Development Diaz; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick

Absent: Council Member/Director Ruh (excused)
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
 Xavier Mendez, resident, complimented the newly backlit Montclair logo mounted to the dais in the Council Chambers.

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

MADE BY:

SECOND BY:

Council Member/Director Lopez
Mayor Pro Tem/Vice Chair Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Dutrey
None
None
Ruh
RESULT: Motion carried 4–0–1.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 69 of 73

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 7, 2024 Page 2 of 5 A. Approval of Minutes

1. Adjourned Meeting — September 16, 2024
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

2. Regular Joint Meeting — September 16, 2024
ACTION – Consent Calendar – Item A–2
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

B. Administrative Reports

1. Consider Approval of Warrant Register and Payroll
Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

2. Consider Authorizing the Receipt of a $5,772.85 Grant from the Fiscal Year 2024 Patrick Leahy Bulletproof Vest
Partnership Program to Assist with the Purchase of Ballistic Vests for the Police Department
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

3. Consider Finding the Arrow Highway and Fremont Avenue Improvement Projects Categorically Exempt from CEQA,
Making a De Minimis Finding of No Effect on Fish and
Wildlife, and Authorizing Staff to File a Notice of Exemption for these Projects
ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

4. Consider Approving the Purchase of Whole Turkeys, and Assorted Items for the Montclair Holiday Food and Toy
Basket Program
Carolyn Raft, resident, asked if more baskets would be
distributed this year due to increased needs in the community.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 70 of 73

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 7, 2024 Page 3 of 5 Assistant City Manager/Director of Human Services Richter indicated that the City will gain a clearer understanding of community needs based on the number of families that register for the program in November.

Xavier Mendez, resident, sought clarification regarding the criteria for identifying “disadvantaged children/families.” Assistant City Manager/Director of Human Services Richter explained that the program relies on the Federal Poverty Guidelines Schedule, which considers family size and income.

She encouraged all residents who are near this threshold to apply, noting that the evaluation process includes an in–person interview to assess each case individually for potential exceptions.

Vice Chair Johnson reported an increase in participation from businesses through the Chamber of Commerce’s donation
drive in support of this program, noting that 65 donation bins have been distributed so far this year, compared to a total of 29 last year.

ACTION – Consent Calendar – Item B–4
ACTING: Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

C. Agreements

1. Consider Approval of Agreement No. 24–75 with the
California Office of Traffic Safety (OTS) for Participation in the 2025 Selective Traffic Enforcement Program (STEP) and Acceptance of a Grant in the Amount of $61,000
Consider Authorizing a $61,000 Appropriation from the
Public Safety Grant Fund to Cover OTS STEP Activities
Xavier Mendez, resident, congratulated the City for receiving this grant.

ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

2. Consider Authorizing a $12,500 Appropriation from the Federal Asset Forfeiture Fund and an Allocation of $7,480.86 from the Information Technology Capital Outlay Fund to
Install Fiber Optic Connections for the Police Department Consider Approval of Agreement No. 24–78 with Matrix
Audio Visual Designs for the Purchase and Installation of Fiber Optic Connections
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 71 of 73

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 7, 2024 Page 4 of 5 D. Resolutions

1. Consider Adoption of Resolution No. 24–3456 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events
Assistant City Manager/Director of Human Services Richter announced and provided details for the following
upcoming events in October: City of Montclair Health Fair on October 10th, Candidates’ Forum on October 16th,
Food Distribution on October 17th, Feeding America Food Pantry on October 23rd, deadline for appointments for the Food and Toy Distribution by October 17th, Montclair
After–School Program’s “Lights on After School” event on October 24th, and the City’s Halloween Spooktacular event on October 26th at the Montclair Place.

B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

1. Request for City Council to Meet in Closed Session
Pursuant to Government Code §54956.9(d)(1) Regarding
Pending Litigation
Cities of Ontario, Montclair, Chino v. Inland Empire Utilities Agency

2. Request for City Council to Meet in Closed Session
Pursuant to Government Code §54957.6 Regarding
Conference with Designated Labor Negotiator Edward C.

Starr
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director — No comments
D. Mayor/Chair
Mayor/Chair Dutrey acknowledged holidays and celebrations in the month of October and requested to close the meeting in memory of Regina Davis, retired Police Services Specialist with the City of Montclair, and Bruce Lance, retired Attorney for Monte Vista Water District, and announced his attendance at the International Council of Shopping Centers (ICSC) conference in Palm Springs.

E. Council Members/Directors

1. Council Member/Director Martinez noted her attendance and commented on the great turnout at the Youth Talent Showcase and spoke on the conflict in the Middle East.

MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 72 of 73

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 7, 2024 Page 5 of 5

2. Mayor Pro Tem/Vice Chair Johnson reflected on the great time she had at the Youth Talent Showcase; reported her attendance at the Women Inspiring the Next Generation of Sisterhood (WINGS) event held by Senator Susan Rubio and the ICSC
conference; and announced two upcoming Chamber of
Commerce ribbon cutting events taking palce October 17th for OPARC and October 24th for Dentist of Montclair.

3. Council Member/Director Lopez commented in remembrance of Bruce Lance, spoke on the conflict in the Middle East that began one year ago, and congratulated his father Tony Lopez, who will be celebrating his birthday and his unchallenged
appointment for a new term as a Board Member for Monte Vista Water District.

F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Personnel Committee — September 16, 2024
XI. CLOSED SESSION
At 7:31 p.m., the City Council went into closed session to discuss pending litigation and labor negotiations.

XII. CLOSED SESSION ANNOUNCEMENTS
At 8:22 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed pending litigation and labor negotiations; information was received and direction given to staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 8:22 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,

Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 10/21/2024 Page 73 of 73

CITY OF MONTCLAIR

TREASURER'S REPOR
T

FOR THE MONTH ENDING
September 30, 2024

TABLE OF CONTENTS
SCHEDULE 1SCHEDULE 2SCHEDULE 3
GRAPH
STATEMENTS OF COMPLIANCE WITH INVESTMENT POLICY AND INVESTMENT STRATEGY FOR September 30, 2024

STATEMENT OF CASH AND INVESTMENTS BY FUND

STATEMENT OF CASH AND INVESTMENT ACCOUNTS

CASH AND INVESTMENTS BY TYPE
SCHEDULE 1
Total Investments 50,517,770 $

COMPLIANCE STATEMENT
September 30, 2024

CITY OF MONTCLAIR

STATEMENTS OF COMPLIANCE WITH THE INVESTMENT POLICY

AND INVESTMENT STRATEGY
The City has the following amount invested in various financial instruments. This conforms with the investment policyapproved by the City Council.Investment Policy. The City has sufficient monies available to meet expenditures during the next six month period.INVESTMENT STRATEGY FOR THE UPCOMING MONTH During the current month the City was in compliance with the internal control procedures set forth in the Investment Policy.During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund and other investments authorized in the SCHEDULE 2
Beginning Interfund Ending
Balance Receipts Disbursements Transfers Balance
$ 1,518,798.49 (4,808,878.36) $ 3, $ ( 231,364.77 $ (6, 271,469.95) $ 792,914.59) (1) 99, (104,329.33) 36, 451.93 413.93 240,434.62 199,143.29 (2) 80, 2,896,887.88 (1, 792.35 ( 973.35) 2, 446,248.30) 533,405.28 - 6,985,201.38 - 7, 442,941.25 428,142.63
3, 203,438.84 - 076.59 - 206,515.43
63,757.10 - 688.00 - 64,445.10
3, (12,534.42) 3, 332.31 - 417.29 (12,619.40)
- 1,543,307.06 - - 1,543,307.06
- (46,618.66) 5, 29, 041.31 (22,624.64) 035.33 (2)
- - - - -
12, 53,509.55 - 614.25 - 66,123.80
9, (27,187.90) 15, 329.82 - 993.52 (33,851.60) (2)
- - - - -
2, 108,019.21 - 387.26 - 110,406.47
- 52,340.28 - - 52,340.28
41, (170,058.26) 20, 838.00 - 743.67 (148,963.93)
- 405,581.80 - - 405,581.80

0.18 4.89 - - 5.07
23,782.40 1, 421.28 - 308.12 22,895.56
- 136,591.17 - - 136,591.17
- 106,572.00 - - 106,572.00
- 96,014.68 - - 96,014.68
- 18,980.67 - - 18,980.67

19.73 2,618.40 - - 2,638.13
- 204,186.75 23, - 653.24 180,533.51
- 1,462,098.68 - - 1,462,098.68
- (36,321.69) - - (36,321.69) (2)
- (2,497.69) - - (2,497.69) (2)
- 120,000.00 4, - 350.00 115,650.00
22, (573,544.99) 194.10 - 170,308.00 (721,658.89) (2)
- 1,285.59 - - 1,285.59
- (35,158.80) - 565.50 (35,724.30) (2)
- 1,370.50 - - 1,370.50
- 1,440.04 - 983.12 456.92
- 17,220.95 - 307.86 16,913.09
(16,027.05) 2, 724.21 - 422.01 (17,724.85) (2)
- 5,052.93 - - 5,052.93
- 48,439.00 - - 48,439.00
3, (10,523.10) 1, 032.75 - 878.60 (9,368.95) (3)

83.12 4,318,609.74 - 273,182.61 4,045,510.25

50.00 1,200.00 - - 1,250.00
1,769,329.29 476,449.60 - 446,346.49 1,799,432.40
- 2,955,064.61 - - 2,955,064.61
- 193,172.50 4, - 535.24 188,637.26 - 128,316.67 - 523.75 127,792.92 2, 5,184,387.92 - 485,253.34 - 7,669,641.26
1,028,810.99 - 248,467.93 - 1,277,278.92
1,572,397.99 - 130,905.64 - 1,703,303.63
933,198.77 - 295,149.66 (443,418.47) 784,929.96
26, 347,215.75 - 286.54 - 373,502.29
- 219,720.15 - (61,247.15) 158,473.00
- 383,396.52 - - 383,396.52 6, 116,076.02 - 005.10 - 122,081.12 879,108.20 - 693,000.00 - 1,572,108.20
- 157,900.03 - - 157,900.03
- (5,980,914.94) 506,651.92 (5, 509,972.67 977,594.19) (4) - - - - -
- 5,123,954.71 - - 5,123,954.71 - 8,250,877.79 14, - 262.00 8,236,615.79 2, (4,555,955.07) 210,042.30 (4, 263,717.05 (2, 792.48) 614,422.30) (3,497.21) 1, 190,327.97 - 843,568.75 (1,656,737.99) (5) (51.64) 755,265.08 4, 719,756.25 40,249.67 792.48
1, 5,997.39 - 050,446.09 - 1,056,443.48
- 0.96 - - 0.96 (1)
23,234.02 35,235,812.34 - 464,043.59 34,795,002.77 (1)
TOTALS 66,978,150.98 $ 10,389,667.64 $ 8,053,365.24 $ - $ 69, $ 314,453.38 Negative Cash Notes follow this presentation.Housing FundCFD 2011-2 (Arrow Station)Department of Cannabis ControlLEAP Grant2021 Lease Revenue Bond Debt SvcContingency FundDeveloper Impact Fees - LocalDeveloper Impact Fees - RegionalBurrtec Pavement Impact FeesUtility Underground In-LieuGeneral Plan Update Fee After School Program Fund
COVID-192014 Lease Revenue Bond Debt SvcEconomic DevelopmentCity Contributions/Donations FundInfrastructure FundSewer Operating FundSuccessor Agency Bonds-Tax ExemptPUC Reimbursement Fund-MVGSGas Tax FundSewer Expansion Fee FundInland Empire Utility Agency Assigned General Fund Reserves
Fed Asset Forfeiture-Treasury
School District Grant FundState Supplemental Law EnforceLocal Law Enforcement Block GrPC 1202.5 Crime PreventionRecycling Grant FundRoad Maintenance - Section 2032SB2 Planning GrantSuccessor Agency Bonds-TaxablePublic Education/Govt. PEG Fee Fund Fund
CDBGSenior Nutrition ProgramMeasure I FundTraffic SafetyHomeless Housing Assist PrevenSB 509 Public SafetyPark MaintenanceForfeiture Fund - StateAir Quality Improvement Trust Park Development

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENTS BY FUND
AS OF September 30, 2024
General FundDisability Access Fund - Bus. License
Asset Seizure Fund
Proposition 30/SB 109
American Resue Plan
Kaiser Permanente GrantE.M.S. - Paramedic FundForfeiture Fund-Federal/DOJSection 11489 SubfundCity of HopeSafety Dept. Grants ASES Supplemental Grant
OSMD Immunization GrantStatewide Park Dev GrantPension Obligation Bond Debt Svc2021 Lease Revenue Bond ProceedsHealthy Community Strategic PlanCFD 2011-1 (Paseos)Sewer Replacement FundTitle IIIB Sr Support Services Resource Center Grant - OMSD
Notes on Negative Cash Balances
(3) This fund has operational deficits annually. At the end of the fiscal year it is restored by a General Fund Transfer.(5) This debt service operation utilizes transaction and use taxes which are part of the sales tax and Successor Agency propertytaxes. These have been sufficient in prior fiscal years to cover the necessary debt service; however, they are not completelyreceived until fiscal year-end. Once debt service is covered the excess will be transferred to the General Fund.(2) These are reimbursable grant funds that utilize general pool monies initially to cover expenditures pending reimbursement from the granting agencies. Therefore, it is not uncommon for these to be negative until that reimbursement is received.(1) The General Operating Fund may have a negative cash for the majority of the fiscal year awaiting property and sales tax collections. This is covered by the Contingency Fund and other General Fund Reserve Funds until those collections arereceived. As Contingency and General Reserves exceed this negative, the City is not utilizing restricted resources. (4) The Infrastructure Fund receives transfers from other funds to accomplish infrastructure projects. Those transfers are usually recorded when the projects nears completion or prior to mid-year budget preparation. Any negative in that fund will beeliminated at those times. Transfers from these funds (C.D.B.G., Gas Tax, Measure I, etc.) may go negative on cash pendingcollections of these revenues. In this way we can determine if obligations for projects are exceeding current resources.

SCHEDULE 3
Coupon Current
Purchase Maturity Interest Market Balance
Par Value Date Date Rate Value at Cost Totals

CHECKING ACCOUNT
Checking Account $ 18,794,209.19
$ 2,473.72
CASH W/FISCAL AGENT, CD's, LAIF DEPOSITS, ANDSHORT-TERM U.S. AGENCY SECURITIES Local Agency Investment Fund (LAIF) 4.580% 47,584,335.14 48,517,770.47First American Government 2,000,000.00 2,000,000.00 $ 50,517,770.47 49,584,335.14 $
U.S. AGENCY SECURITIES
$ - - $
TOTAL $ 69,314,453.38

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENT ACCOUNTS
AS OF September 30, 2024
Asset Seizure AccountCurrent market values obtained from US Bank.

Checking

27.12%
LAIF

69.99%
Investments

2.89%
CITY OF MONTCLAIR
CASH AND INVESTMENTS  BY TYPE
Spetember 30, 2024
Total Cash & Investments  $69,314,453