CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Monday, April 7, 2025
7:00 p.m.
Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, April 7, 2025
7:00 p.m.
If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.
Watch Council meetings live via Zoom using the information provided below, or on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair. 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/.
Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550 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. Proclamation Declaring April 26, 2025 as Arbor Day in the City of Montclair B. Introduction of New and Promoting Fire Department Employees VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — March 17, 2025 [CC/SA/MHC/MHA/MCF] 83
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MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 1 of 88 Page No.
B. Administrative Reports
1. Consider Approval of Warrant Register & Payroll Documentation [CC] 4
2. Consider Authorizing the Study of Unmanned Aerial Systems (UAS) and Assess the Costs, Benefits, and Regulatory Implications Before Implementing such a Program in Accordance with Assembly Bill 481 to Ensure Any Future UAS Program Aligns with Legal Standards [CC] 5
3. Consider Authorizing the Receipt of $22,366 from the FY 2021 Homeland Security Grant Program (HSGP) to Purchase an Event Data Records (EDR) Acquisition System and Computers for the Command Trailer for the Police Department [CC]
Consider Authorizing a $22,366 Appropriation from the Public Safety Grant Fund to Purchase an Event Data Records (EDR) Acquisition System and Computers for the Command Trailer [CC] 6
4. Consider Receiving and Filing Annual Reports from the Independent Auditing Firm for the City of Montclair and the Successor Agency for the City of Montclair Redevelopment Agency [CC/SA] 8
C. Agreements
1. Consider Approval of Agreement No. 25–14 with Weatherproofing Technologies, Inc. to Repair Roofs of City Facilities and Extend the Roof Warranties for Five Years, Subject to Any Revisions Deemed necessary by the City Attorney [CC] 10
2. Consider Approval of Agreement No. 25–15 with the San Bernardino County Sheriff’s Department for Use of their Weapons Firing Range Facilities [CC]
Consider Authorizing Chief of Police Jason Reed to Sign Said Agreement [CC] 45
3. Consider Approval of Agreement No. 25–16 with HCI Systems, Inc. for the Installation, Programming, and Implementation of Axis Communication Advanced Security Cameras at Reeder Ranch Park and Sunset Park [CC] 61
D. Resolutions
1. Consider Adoption of Resolution No. 25–3476 Approving the Tree City USA Application for 2025 and Authorizing the Director of Public Works to Sign the Application [CC] 79
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports
1. Human Services — Upcoming Events
B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54 956.9(d)(4) Regarding Potential Litigation [CC] One Potential Case
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 2 of 88 Page No.
2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation [CC]
Kresback v. City of Montclair
3. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property Negotiations [CC] Property: APN 1010–011–28–0000
Negotiating Parties: City of Montclair, Jose Arturo & CC Ascencio Revocable Living Trust City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1010–011–27–0000
Negotiating Parties: City of Montclair, Donato Jimenez
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — March 17, 2025 [CC] 82 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, April 21, 2025 at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, April 4, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 3 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Martinez has examined the Warrant Register dated April 7, 2025; and the Payroll Documentation dated March 9, 2025 and recommends their approval.
FISCAL IMPACT: The Warrant Register dated April 7, 2025, totals $2,119,367.15.
The Payroll Documentation dated March 9, 2025, totals $924,321.00 gross, with $647,092.68 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Registers and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 4 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: PDT360
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER AUTHORIZING THE STUDY OF UNMANNED AERIAL SYSTEMS (UAS) AND
ASSESS THE COSTS, BENEFITS, AND REGULATORY IMPLICATIONS BEFORE IMPLEMENTING SUCH A PROGRAM IN ACCORDANCE WITH ASSEMBLY BILL 481 TO
ENSURE ANY FUTURE UAS PROGRAM ALIGNS WITH LEGAL STANDARDS REASON FOR CONSIDERATION: The City Council is requested to authorize to conduct a study of Unmanned Aerial Systems (UAS) and assess the costs, benefits, and regulatory implications before implementing such a program. This request is in accordance with Assembly Bill 481 to ensure any future UAS program aligns with legal standards and serves the Montclair community effectively.
BACKGROUND: Assembly Bill 481 (AB 481) establishes guidelines and restrictions on the use of UAS by law enforcement agencies in California, focusing on privacy protections, data management, and transparency. As UAS technology becomes more common in law enforcement, it is essential that the City of Montclair thoroughly investigates the potential for adopting this technology. The study would analyze the financial costs, operational benefits, and compliance requirements related to starting a UAS program. This is also in accordance with Government Code § 7071 and the Montclair Police Department’s Military Equipment Policy (707).
The integration of UAS, also commonly referred to as drones, into law enforcement operations has become a vital piece of equipment for everyday modern policing. A UAS program provides airborne support to police operations in a safe, responsible, and transparent manner to preserve the peace, reduce response times, and increase the quality of life in the City of Montclair.
Many of our surrounding cities have successfully implemented UAS/drone programs, reporting improved operational efficiency, reduced response times, and enhanced safety during critical incidents; however, AB 481 mandates careful consideration of privacy issues, legal constraints, and public trust. Therefore, it is imperative to evaluate these factors thoroughly before proposing any UAS program.
FISCAL IMPACT: There would be no fiscal impact at this time.
RECOMMENDATION: Staff recommends the City Council authorize the study of Unmanned Aerial Systems (UAS) and assess the costs, benefits, and regulatory implications before implementing such a program in accordance with Assembly Bill 481 to ensure any future UAS program aligns with legal standards.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 5 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER AUTHORIZING THE RECEIPT OF $22,366 FROM THE FY 2021 HOMELAND
SECURITY GRANT PROGRAM (HSGP) TO PURCHASE AN EVENT DATA RECORDS (EDR)
ACQUISITION SYSTEM AND COMPUTERS FOR THE COMMAND TRAILER FOR THE
POLICE DEPARTMENT
CONSIDER AUTHORIZING A $22,366 APPROPRIATION FROM THE PUBLIC SAFETY
GRANT FUND TO PURCHASE AN EVENT DATA RECORDS (EDR) ACQUISITION SYSTEM
AND COMPUTERS FOR THE COMMAND TRAILER
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the receipt of $22,366 from the Fiscal Year (FY) 2021 Homeland Security Grant Program (HSGP) to purchase a data acquisition system and computers for the command trailer for the Police Department.
BACKGROUND: The State HSGP is designed to assist organizations, government agencies, and communities in implementing programs and measures to prevent, prepare for, protect against, mitigate against, respond to, and recover from all terror–related hazards and acts of terrorism. It is administered and funded by the California Governor’s Office of Emergency Services (Cal OES). San Bernardino County Office of Emergency Services (County OES) is a subgrantee of the HSGP and oversees the administration of grant funds for the San Bernardino County Operational Area. In its capacity as subgrantee, County OES is tasked with applying for HSGP funds on behalf of regional jurisdictions.
In February 2025, County OES offered the Montclair Police Department the remaining de–obligated grant funds from the FY 2021 HSGP to use toward the same or similar project as our FY 2021 HSGP portable message board project. This project falls under a National Priority category, Information Sharing and Public Notification, and as such the remaining funds must be used toward the same National Priority. The Police Department has received approval to receive $22,366 to purchase a data acquisition system and computers for the command trailer.
Utilizing FY 2020 HSGP funds, the Police Department purchased two laptop computers for the command trailer. This purchase enabled the effective transfer of the Communications Center's functionality to the trailer, in order to maintain operational communications during an emergency. With FY 2021 HSGP funds, staff would replace these two laptops and purchase a third laptop for the command trailer. The new computers would have up–to–date specs, configurations, and operating systems to enhance emergency communications capabilities.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 6 of 88 Bid quotations for the purchase of three laptop computers were received from the following vendors:
Vendor Bid Amount
Lexi Global $2,873.25
Intelli–Tech $2,922.30
B&H Photo $3,935.73
Lexi Global is the selected vendor for the purchase of the laptop computers as this vendor has the lowest bid offering competitive pricing and has a proven, reliable track record with the City.
Funds would also be used to purchase a data acquisition system for vehicles known as an event data recorder (EDR) tool kit. The EDR contains valuable data including, but not limited to, vehicle speeds, accelerator application, throttle position, engine revolutions per minutes (RPMs), gear position, torque produced, fault codes, brake usage, delta V (speed changes), occupied seating positions, and passenger restraint usage, which are all used in traffic collision investigations. The Department currently has a Bosch EDR tool kit that can collect EDR data from many domestic and Japanese vehicles. A Hyundai and Kia EDR tool kit would be purchased to perform retrieval of EDR data in most 2013 and newer Hyundai, Genesis, and Kia vehicles. This piece of equipment would expand the Department’s ability to investigate traffic collisions. Staff is requesting to purchase the Hyundai and Kia EDR tool from Crash Data Group, which is the sole distributor of this piece of equipment.
After procurement of equipment is completed, a request for reimbursement would be submitted to County OES.
FISCAL IMPACT: If approved by the City Council, the purchase of a data acquisition system and computers for the command trailer would result in an appropriation from the Public Safety Grant Fund (1163) in the amount of $22,366. The City would receive reimbursement from the FY 2021 HSGP in the amount of $22,366.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Authorize the receipt of $22,366 from the FY 2021 Homeland Security Grant Program (HSGCP) to purchase an Event Data Records (EDR) acquisition system and computers for the command trailer for the Police Department; and
2. Authorize a $22,366 appropriation from the Public Safety Grant Fund to purchase an Event Data Records (EDR) acquisition system and computers for the command trailer.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 7 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN100/130
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING ANNUAL REPORTS FROM THE INDEPENDENT
AUDITING FIRM FOR THE CITY OF MONTCLAIR AND THE SUCCESSOR AGENCY FOR
THE CITY OF MONTCLAIR REDEVELOPMENT AGENCY
REASON FOR CONSIDERATION: Though not required by law, in order to provide more transparency and documentation, the City Council is requested to receive and file the annual reports prepared by the City’s independent auditing firm and a compliance audit required by Measure I.
BACKGROUND: The City of Montclair has engaged the auditing firm of Van Lant & Fankhanel, LLP, Certified Public Accountants (City Auditors) to perform independent audit of its financial transaction and to conduct other reviews required by law. Included in the agenda packet for City Council’s information are copies of the reports issued by this firm, which are discussed in detail below.
The results of these engagements and the reports associated with them are as follows:
Financial audit of the City of Montclair for the fiscal year ended June 30, 2024 which contains financial statements covering City operations The financial statements presented in this report received an unqualified opinion from the auditing firm. Audit Communication Regarding Conduct of Audit – This letter provides information on the conduct of the audit. The auditor’s indicated:
All significant transactions have been recognized in the financial statements in the proper period.
They encountered no significant difficulties in dealing with management in performing and completing their audit.
Any misstatements noted were corrected by management. No disagreements with management arose during the course of the audit. Report on Internal Control over Financial Reporting and on Compliance and Other Matters. This report covers deficiencies and weaknesses in internal control that could cause material misstatements. No deficiencies were noted by the auditors. Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets.
This is a set of procedures performed on the City’s Gann Appropriation Limit as required by State Law. No findings were noted in the performance of these procedures.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 8 of 88 Successor Agency – Bonding Requirement Financial Disclosure Financial Statements – This is a special purpose audit covering only those operations of the Successor Agency (prior redevelopment agency) that affect bond issues. Prior to the elimination of redevelopment there was a separate financial audit performed and that was required as part of our continuing disclosure requirement for those bond issues. That audit was eliminated in the dissolution process and we now prepare this special report to comply with those disclosure requirements. This report gives the bond community specific information on the transactions associated with those bonds. To the best of staff’s knowledge, we are the only successor agency that prepares this type of disclosure. For the fiscal year ended June 30, 2024, all of the continuing disclosure reporting requirements were completed, within the prescribed time limits.
Single Audit Report on Federal Awards Programs –This is an organization-wide financial statement and federal awards’ audit of a non-federal entity that expends $750,000 or more in federal funds in one year. The Single Audit Report provides assurance to the Federal Government that a non-federal entity has adequate internal controls in place, and is generally in compliance with program requirements.
The financial audits of the City, the special audit of the Successor Agency, and the Single Audit were completed in March 2025. No management comments have been made by the City Auditors to the City indicating any policies and/or procedures that they would like to see improved.
Additionally, as required by Measure I, independent auditors are engaged by the San Bernardino County Transportation Authority to annually perform a financial and compliance audit of the City of Montclair’s Measure I fund. This audit is to include a computation of Maintenance of Effort. For Fiscal Year 2023-24 this audit was performed by Crowe LLP, Certified Public Accountants and their report is attached. The Measure I Fund received an unqualified financial statement opinion and no noncompliance was noted. The Maintenance of Effort computation, which compares general city street and highway expenditures against an annual base requirement, indicated that the City of Montclair has exceeded its cumulative Maintenance of Effort requirement by $34,693,710.
FISCAL IMPACT: There is no fiscal impact in receiving and filing the reports provided by the City and Measure I Auditors.
RECOMMENDATION: Staff recommends that the City Council and the Successor Agency Board of Directors receive and file annual reports from the independent auditing firm for the City of Montclair and the Successor Agency for the City of Montclair Redevelopment Agency.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 9 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PUB355
DEPT.: PUBLIC WORKS
PREPARER: M.PARADIS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–14 WITH WEATHERPROOFING TECHNOLOGIES, INC. TO REPAIR ROOFS OF CITY FACILITIES AND EXTEND THE ROOF
WARRANTIES FOR FIVE YEARS, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY
THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–14 with Weatherproofing Technologies, Inc. to repair the roofs of City Facilities and extend the roof warranties for five years.
A copy of proposed Agreement No. 25–14 is attached for the City Council’s review and consideration.
BACKGROUND: The roof warranties on City Hall, Youth Center, Senior Center, Community Center, Library, Fire Station 152 and City Yard expire on April 20, 2025.
Non–warranty repairs are required before the roof warranties can be extended through the manufacturer, Tremco CPG, Inc. A service advisor from Tremco CPG, Inc. evaluated each build and submitted estimates for repairs totaling $89,439.25 and an extended warranty for $15,997.20. Weatherproofing Technologies, Inc. is a subsidiary of Tremco CPG, Inc., and Tremco CPG, Inc. is the sole source provider for repairs and warranties.
FISCAL IMPACT: The estimated cost to repair the roofs of City Hall, Youth Center, Senior Center, Community Center, Library, Fire Station 152 and City Yard and extend the warranties for five years is $99,436.45. 2021 Lease Revenue Bonds funds for the roof repairs and warranty extensions were approved in the Fiscal Year 2024/25 mid–year budget.
RECOMMENDATION: Consider approval of Agreement No. 25–14 with Weatherproofing Technologies, Inc. to repair the roofs of City facilities and extend the roof warranties for five years, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 10 of 88 Agreement No. 25–14
CITY OF MONTCLAIR
AGREEMENT FOR ROOFING SERVICES
KNOW ALL MEN BY THESE PRESENTS: That the following Agreement is made and entered into as of the date executed by the City Clerk and the Mayor, by and between Waterproofing Technologies, Inc., hereinafter referred to as "CONTRACTOR" and the CITY OF MONTCLAIR, hereinafter referred to as "CITY."
A. Recitals.
(i) CITY accepts the CONTRACTOR’s proposal.
(ii) CITY authorizes the City Clerk and Mayor to enter into a written contract with CONTRACTOR for furnishing labor, equipment, and material for the construction of:
ROOF REPAIRS ON CITY HALL, YOUTH CENTER, SENIOR CENTER, COMMUNITY CENTER, LIBRARY, FIRE STATION 152, AND CITY YARD "PROJECT" hereinafter.
B. Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do all work contemplated and embraced for the PROJECT. Said PROJECT to be performed in accordance with the CONTRACTOR’S proposals dated January 28, 2025, a copy of which is attached hereto as Exhibit “A”. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. In the event there is any conflict or inconsistency between the Contractor’s proposal and this written Agreement, the provisions of this written Agreement shall control.
2. TERMS OF CONTRACT: The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract and to complete his portion of PROJECT within 90 days of executing the contract.
3. GOVERNING LAW: The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 11 of 88 Agreement No. 25–14
4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the Engineer a policy of insurance or proper endorsement as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.
In accordance with the provisions of §3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. CONTRACTOR, prior to commencing work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
b. For all operations of the CONTRACTOR or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
(1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) $500,000 each accident; $1,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(4) Contractor's Protective - Property Damage $500,000 each accident; $1,000,000 aggregate.
(5) Automobile - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(6) Automobile - Property Damage $500,000 each accident.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 12 of 88 Agreement No. 25–14
c. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:
(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY by registered mail. d. Each such policy of insurance provided for in paragraph b. shall:
(1) Be issued by an insurance company approved in writing by CITY, which is qualified to do business in the State of California; (2) Name as additional insureds the CITY, its officers, agents and employees;
(3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(5) Otherwise be in form satisfactory to CITY.
e. The CONTRACTOR shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b., hereof, or present an endorsement of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 13 of 88 Agreement No. 25–14
5. CONTRACTOR'S LIABILITY: The City of Montclair and its respective officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the project or any part thereof, or for any of the materials or other things used or employed in performing the project; or for injury or damage to any person or persons, either workmen, employees of the CONTRACTOR or his subcontractors or the public, whatsoever arising out of or in connection with the performance of the project. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY during the progress of the project or at any time before its completion and final acceptance.
The CONTRACTOR will indemnify CITY against and will hold and save CITY harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of CITY, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY, and in connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment or award rendered against the CONTRACTOR or CITY covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the CONTRACTOR hereunder or reasonable settlement in lieu of judgment or award, and the CONTRACTOR agrees to save and hold the CITY harmless therefrom.
c. In the event CITY is made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the project, operation, or activities of the CONTRACTOR hereunder, the CONTRACTOR agrees to pay to CITY any and all costs and expenses incurred by CITY in such action or proceeding together with reasonable attorneys' fees.
Money due to the CONTRACTOR under and by virtue of the contract, as shall be considered necessary by CITY, may be retained by CITY until disposition has been made of such actions or claims for damage as aforesaid.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 14 of 88 Agreement No. 25–14
6. NONDISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, sexual preference, sexual orientation, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of § 1735 of said Code.
7. INELIGIBLE SUBCONTRACTORS: The CONTRACTOR shall be
prohibited from performing work on this project with a subcontractor who is ineligible to perform on the project pursuant to § 1777.1 and § 1777.7 of the Labor Code.
8. CONTRACT PRICE AND PAYMENT: CITY shall pay to the CONTRACTOR for furnishing the material and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR's Proposals dated January 28, 2025.
9. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 15 of 88 Agreement No. 25–14
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.
CONTRACTOR CITY
Waterproofing Technologies, Inc. CITY OF MONTLAIR, CALIFORNIA 3735 Green Road 5111 Benito Street
Beachwood, OH 44122 Montclair, CA 91763
By: By:
Javier John Dutrey
Mayor
Krista Gnatt, President ATTEST:
By: By:
Andrea M. Myrick
City Clerk
Name, Title APPROVED AS TO FORM:
By:
Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 16 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
SUBMITTED TO
PATCH AND REPAIR PROPOSAL
City of Montclair
5111 Benito St.,
Montclair, Ca, 91763
Re: Senior Center
1-28-2025
EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 17 of 88
www.tremcocpg.com
Dear
Based upon my inspection, we recommend the following repairs be completed.
PATCH AND REPAIR
Date:
RE:
Customer:
Building Location:
Contract Price
$ Plus Tax Labor Only
Tax Included Time and Materials
Tax Exempt NTE
No Tax Lump Sum
City of Montclair
5111 Benito Street
14,822.76
1-28-2025
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
✓
Matt,
(1). Perform daily team safety huddles and DTAs.
(2). Remove all debris from roof, drain, scuppers, and down spouts. MD 1. (3). Three course coping metal laps and perimeter edge where it’s lifting with acrylic sealer and 6” fabric. MD 2. (4). Remove coating blisters to a smooth texture and repair with acrylic sealer and fabric. MD 3. (5). Remove all project related debris and dispose of at an onsite dumpster provided by customer.
Senior Center
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 18 of 88
www.tremcocpg.com
TERMS AND CONDITIONS:
Unless all Work hereunder is to be performed within thirty (30) days, WTI shall submit an invoice to the Customer at the end of each calendar month for the amount due for the portion of the Work completed during that month. If all Work is to be performed within thirty (30) days, no invoice shall be submitted until all Work has been completed. Customer shall pay WTI in full within thirty (30) days after receipt of each invoice.
This Proposal is an offer by WTI to provide the Scope of Work set forth above to the Customer on the terms and conditions set forth herein and in WTI’s standard terms and conditions*, which are hereby incorporated by reference (together, the “Terms and Conditions”). The Terms and Conditions will govern the Work to the exclusion of any other or different terms, including in any customer purchase order, unless otherwise expressly agreed in writing pursuant to a Master Agreement or similar contract with Customer signed by an authorized representative of WTI. Please confirm your acceptance either by return e-mail to the representative identified below or by having an authorized representative of Customer sign in the space provided below. Upon receipt of acceptance, WTI will process your order and promptly begin the Scope of Work. We appreciate your business and look forward to working with you at your facility Sincerely,
Weatherproofing Technologies, Inc.
By:
Title:
Phone:
E-mail:
*Press the following hyperlink button for a copy of our Terms and Conditions. T&C
PATCH AND REPAIR
Mark Bandini
Field Advisor
909-800-0502
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 19 of 88
www.tremcocpg.com
Acknowledgement Regarding Prevailing Wage Requirements:
Please check ONE of the below:
The work described to be performed by Weatherproofing Technologies, Inc. (“WTI”) at customer’s facilities is not subject to federal, state or local prevailing wage requirements, other than the Fair Labor Standards Act’s minimum wage provisions (29 U.S.C. § 206) and similar state minimum wage laws of general application.
The work to be performed by WTI at customer’s facilities is subject to prevailing wage requirements, and the customer agrees to provide WTI with all applicable wage schedules for such work before a purchase order is generated for this work.
Customer further acknowledges that if customer is a public entity or agency, or the project is funded in whole or in part with federal funds, the price quoted by WTI for work performed on customer’s facilities is based on the assumption that the work is covered by a prevailing wage law (applicable state or local prevailing wage law or the Davis Bacon Act). If the customer indicates above that this project is not subject to any federal, state or local prevailing wage requirements the quoted price may be reduced.
Customer Name:
P.O. # (if required)
Customer Representative (print name):
Signature:
Title:
Date:
PATCH AND REPAIR
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 20 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
Senior Center
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 21 of 88
www.tremcocpg.com
COMPANY CAPABILITIES
NEARLY A CENTURY OF SERVICE
Weatherproofing Technologies, Inc. (WTI), originally
established in 1928, along with its affiliated company, Tremco, offers a comprehensive inventory of roofing
assessment, leak prevention, building envelope, product sales, and general contracting (GC) services. WTI and
Tremco, part of Tremco Construction Products Group
has annual sales of over $2 billion, owns and operates
11 manufacturing plants with over 2,000 employees
worldwide. Our parent company, RPM International, a
Fortune 500 company and a world leader in specialty
coatings serves both industrial and consumer markets.
RPM, founded in 1947, owns over two dozen operating
companies manufacturing popular brand products
such as Rust-Oleum®, Carboline®, DAP®, Dryvit®,
and Zinsser®. RPM International maintains more than
11,000 employees worldwide, generating nearly $7
billion in annual sales.
Tremco/WTI represents one of the largest organizations
in the building envelope industry with 200+ field advisors, 650+ technical personnel, and more than 1,000 certified subcontractors. Domestically, these resources combine
to provide industry leading products and services to
customers throughout Canada and the United States.
Tremco/WTI personnel are amongst the most highly
trained and experienced in the nation.
ISO 9001:2015 & 14001:2015 CERTIFIED
WTI, along with its affiliated company Tremco, is
ISO 9001:2015 certified and was the first building
envelope service company in the industry to attain this quality certification.
ISO certification helps to continually improve our
systems and approach to building envelope concerns
and is the standard to which we have committed for
our customers. We constantly look to improve our
management process within our strategic planning
processes through the input of our leadership,
employees, and customers.
“Tremco CPG’s expansive sales force
gives contractors, building owners,
architects and engineers easy access
to all the information and assistance
they need, whatever their project’s
objectives and challenges. Our
technical specialists work together
on the solution that provides the
performance desired while meeting
aesthetic and budget parameters,”
Paul Hoogenboom
President, Tremco CPG
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 22 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
THANK YOU
FOR THE OPPORTUNITY TO PROPOSE ON THIS PROJECT
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 23 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
SUBMITTED TO
PATCH AND REPAIR PROPOSAL
City of Montclair
5111 Benito St.,
Montclair, Ca, 91763
Re: Community Center & Library
1-28-2025
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 24 of 88
www.tremcocpg.com
Dear
Based upon my inspection, we recommend the following repairs be completed.
PATCH AND REPAIR
Date:
RE:
Customer:
Building Location:
Contract Price
$ Plus Tax Labor Only
Tax Included Time and Materials
Tax Exempt NTE
No Tax Lump Sum
City of Montclair
5111 Benito Street
14,591.47
1-28-2025
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
✓
Matt,
(1). Perform daily team safety huddles and DTAs.
(2). Remove all debris from roof, drain, scuppers, and down spouts. MD 1. (3). Three course coping metal laps and perimeter edge where it’s lifting with acrylic sealer and 6” fabric. MD 2. (4). Remove coating blisters to a smooth texture and repair with acrylic sealer and fabric. MD 3. (5). Remove all project related debris and dispose of at an onsite dumpster provided by customer.
Community Center & Library
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 25 of 88
www.tremcocpg.com
TERMS AND CONDITIONS:
Unless all Work hereunder is to be performed within thirty (30) days, WTI shall submit an invoice to the Customer at the end of each calendar month for the amount due for the portion of the Work completed during that month. If all Work is to be performed within thirty (30) days, no invoice shall be submitted until all Work has been completed. Customer shall pay WTI in full within thirty (30) days after receipt of each invoice.
This Proposal is an offer by WTI to provide the Scope of Work set forth above to the Customer on the terms and conditions set forth herein and in WTI’s standard terms and conditions*, which are hereby incorporated by reference (together, the “Terms and Conditions”). The Terms and Conditions will govern the Work to the exclusion of any other or different terms, including in any customer purchase order, unless otherwise expressly agreed in writing pursuant to a Master Agreement or similar contract with Customer signed by an authorized representative of WTI. Please confirm your acceptance either by return e-mail to the representative identified below or by having an authorized representative of Customer sign in the space provided below. Upon receipt of acceptance, WTI will process your order and promptly begin the Scope of Work. We appreciate your business and look forward to working with you at your facility Sincerely,
Weatherproofing Technologies, Inc.
By:
Title:
Phone:
E-mail:
*Press the following hyperlink button for a copy of our Terms and Conditions. T&C
PATCH AND REPAIR
Mark Bandini
Field Advisor
909-800-0502
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 26 of 88
www.tremcocpg.com
Acknowledgement Regarding Prevailing Wage Requirements:
Please check ONE of the below:
The work described to be performed by Weatherproofing Technologies, Inc. (“WTI”) at customer’s facilities is not subject to federal, state or local prevailing wage requirements, other than the Fair Labor Standards Act’s minimum wage provisions (29 U.S.C. § 206) and similar state minimum wage laws of general application.
The work to be performed by WTI at customer’s facilities is subject to prevailing wage requirements, and the customer agrees to provide WTI with all applicable wage schedules for such work before a purchase order is generated for this work.
Customer further acknowledges that if customer is a public entity or agency, or the project is funded in whole or in part with federal funds, the price quoted by WTI for work performed on customer’s facilities is based on the assumption that the work is covered by a prevailing wage law (applicable state or local prevailing wage law or the Davis Bacon Act). If the customer indicates above that this project is not subject to any federal, state or local prevailing wage requirements the quoted price may be reduced.
Customer Name:
P.O. # (if required)
Customer Representative (print name):
Signature:
Title:
Date:
PATCH AND REPAIR
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 27 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
Community Center & Library
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 28 of 88
www.tremcocpg.com
COMPANY CAPABILITIES
NEARLY A CENTURY OF SERVICE
Weatherproofing Technologies, Inc. (WTI), originally
established in 1928, along with its affiliated company, Tremco, offers a comprehensive inventory of roofing
assessment, leak prevention, building envelope, product sales, and general contracting (GC) services. WTI and
Tremco, part of Tremco Construction Products Group
has annual sales of over $2 billion, owns and operates
11 manufacturing plants with over 2,000 employees
worldwide. Our parent company, RPM International, a
Fortune 500 company and a world leader in specialty
coatings serves both industrial and consumer markets.
RPM, founded in 1947, owns over two dozen operating
companies manufacturing popular brand products
such as Rust-Oleum®, Carboline®, DAP®, Dryvit®,
and Zinsser®. RPM International maintains more than
11,000 employees worldwide, generating nearly $7
billion in annual sales.
Tremco/WTI represents one of the largest organizations
in the building envelope industry with 200+ field advisors, 650+ technical personnel, and more than 1,000 certified subcontractors. Domestically, these resources combine
to provide industry leading products and services to
customers throughout Canada and the United States.
Tremco/WTI personnel are amongst the most highly
trained and experienced in the nation.
ISO 9001:2015 & 14001:2015 CERTIFIED
WTI, along with its affiliated company Tremco, is
ISO 9001:2015 certified and was the first building
envelope service company in the industry to attain this quality certification.
ISO certification helps to continually improve our
systems and approach to building envelope concerns
and is the standard to which we have committed for
our customers. We constantly look to improve our
management process within our strategic planning
processes through the input of our leadership,
employees, and customers.
“Tremco CPG’s expansive sales force
gives contractors, building owners,
architects and engineers easy access
to all the information and assistance
they need, whatever their project’s
objectives and challenges. Our
technical specialists work together
on the solution that provides the
performance desired while meeting
aesthetic and budget parameters,”
Paul Hoogenboom
President, Tremco CPG
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 29 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
THANK YOU
FOR THE OPPORTUNITY TO PROPOSE ON THIS PROJECT
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 30 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
SUBMITTED TO
PATCH AND REPAIR PROPOSAL
City of Montclair
5111 Benito St.,
Montclair, Ca, 91763
Re: City Hall and Youth Center Roof Repairs
1-28-2025
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 31 of 88
www.tremcocpg.com
Dear
Based upon my inspection, we recommend the following repairs be completed.
PATCH AND REPAIR
Date:
RE:
Customer:
Building Location:
Contract Price
$ Plus Tax Labor Only
Tax Included Time and Materials
Tax Exempt NTE
No Tax Lump Sum
City of Montclair
5111 Benito Street
32,394.66
1-28-2025
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
✓
Matt,
(1). Perform daily team safety huddles and DTAs.
(2). Remove debris from roof and drain areas. MD 1.
(3). Blisters in the walk way and blisters accruing along seams and laps throughout system will be cut down and fasten with plates and screws. MD 3.
(4). Areas of blister repairs will be repaired with a three course of acrylic sealer and fabric. MD 2. (5). Walk roof and seal open penetration collars as needed with polyurethane caulk and tooled in neatly. MD 2. (6). Inspect penetrations and seal base with acrylic sealer. MD 2. (7). Along perimeter edge where its loose and pulling away, clean and prep than three course with acrylic sealer and 4” fabric. MD 3
(8). Remove all project related debris and dispose of at an onsite dumpster provided by customer. MD 1.
City Hall & Youth Center Roof Repairs
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 32 of 88
www.tremcocpg.com
TERMS AND CONDITIONS:
Unless all Work hereunder is to be performed within thirty (30) days, WTI shall submit an invoice to the Customer at the end of each calendar month for the amount due for the portion of the Work completed during that month. If all Work is to be performed within thirty (30) days, no invoice shall be submitted until all Work has been completed. Customer shall pay WTI in full within thirty (30) days after receipt of each invoice.
This Proposal is an offer by WTI to provide the Scope of Work set forth above to the Customer on the terms and conditions set forth herein and in WTI’s standard terms and conditions*, which are hereby incorporated by reference (together, the “Terms and Conditions”). The Terms and Conditions will govern the Work to the exclusion of any other or different terms, including in any customer purchase order, unless otherwise expressly agreed in writing pursuant to a Master Agreement or similar contract with Customer signed by an authorized representative of WTI. Please confirm your acceptance either by return e-mail to the representative identified below or by having an authorized representative of Customer sign in the space provided below. Upon receipt of acceptance, WTI will process your order and promptly begin the Scope of Work. We appreciate your business and look forward to working with you at your facility Sincerely,
Weatherproofing Technologies, Inc.
By:
Title:
Phone:
E-mail:
*Press the following hyperlink button for a copy of our Terms and Conditions. T&C
PATCH AND REPAIR
Mark Bandini
Field Advisor
909-800-0502
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 33 of 88
www.tremcocpg.com
Acknowledgement Regarding Prevailing Wage Requirements:
Please check ONE of the below:
The work described to be performed by Weatherproofing Technologies, Inc. (“WTI”) at customer’s facilities is not subject to federal, state or local prevailing wage requirements, other than the Fair Labor Standards Act’s minimum wage provisions (29 U.S.C. § 206) and similar state minimum wage laws of general application.
The work to be performed by WTI at customer’s facilities is subject to prevailing wage requirements, and the customer agrees to provide WTI with all applicable wage schedules for such work before a purchase order is generated for this work.
Customer further acknowledges that if customer is a public entity or agency, or the project is funded in whole or in part with federal funds, the price quoted by WTI for work performed on customer’s facilities is based on the assumption that the work is covered by a prevailing wage law (applicable state or local prevailing wage law or the Davis Bacon Act). If the customer indicates above that this project is not subject to any federal, state or local prevailing wage requirements the quoted price may be reduced.
Customer Name:
P.O. # (if required)
Customer Representative (print name):
Signature:
Title:
Date:
PATCH AND REPAIR
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 34 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
City Hall & Youth Center
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 35 of 88
www.tremcocpg.com
COMPANY CAPABILITIES
NEARLY A CENTURY OF SERVICE
Weatherproofing Technologies, Inc. (WTI), originally
established in 1928, along with its affiliated company, Tremco, offers a comprehensive inventory of roofing
assessment, leak prevention, building envelope, product sales, and general contracting (GC) services. WTI and
Tremco, part of Tremco Construction Products Group
has annual sales of over $2 billion, owns and operates
11 manufacturing plants with over 2,000 employees
worldwide. Our parent company, RPM International, a
Fortune 500 company and a world leader in specialty
coatings serves both industrial and consumer markets.
RPM, founded in 1947, owns over two dozen operating
companies manufacturing popular brand products
such as Rust-Oleum®, Carboline®, DAP®, Dryvit®,
and Zinsser®. RPM International maintains more than
11,000 employees worldwide, generating nearly $7
billion in annual sales.
Tremco/WTI represents one of the largest organizations
in the building envelope industry with 200+ field advisors, 650+ technical personnel, and more than 1,000 certified subcontractors. Domestically, these resources combine
to provide industry leading products and services to
customers throughout Canada and the United States.
Tremco/WTI personnel are amongst the most highly
trained and experienced in the nation.
ISO 9001:2015 & 14001:2015 CERTIFIED
WTI, along with its affiliated company Tremco, is
ISO 9001:2015 certified and was the first building
envelope service company in the industry to attain this quality certification.
ISO certification helps to continually improve our
systems and approach to building envelope concerns
and is the standard to which we have committed for
our customers. We constantly look to improve our
management process within our strategic planning
processes through the input of our leadership,
employees, and customers.
“Tremco CPG’s expansive sales force
gives contractors, building owners,
architects and engineers easy access
to all the information and assistance
they need, whatever their project’s
objectives and challenges. Our
technical specialists work together
on the solution that provides the
performance desired while meeting
aesthetic and budget parameters,”
Paul Hoogenboom
President, Tremco CPG
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 36 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
THANK YOU
FOR THE OPPORTUNITY TO PROPOSE ON THIS PROJECT
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 37 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
SUBMITTED TO
PATCH AND REPAIR PROPOSAL
City of Montclair
5111 Benito St.,
Montclair, Ca, 91763
Re: Firestation 2 & Corporate yard
10825 Monte Vista Ave,
Montclair, CA, 91763
1-28-2025
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 38 of 88
www.tremcocpg.com
Dear
Based upon my inspection, we recommend the following repairs be completed.
PATCH AND REPAIR
Date:
RE:
Customer:
Building Location:
Contract Price
$ Plus Tax Labor Only
Tax Included Time and Materials
Tax Exempt NTE
No Tax Lump Sum
Fire Station 2 & Corporate Yard Roof Repairs
City of Montclair
10825 Monte Vista Ave
21,630.36
1-28-2025
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
◻︎
✓
Matt,
(1). Perform daily team safety huddles and DTAs.
(2). Remove debris from roof and drain areas. MD 1.
(3). Blisters in the walk way and blisters accruing along seams and laps throughout system will be cut down and fasten with plates and screws. MD 1.
(4). Areas of blister repairs will be repaired with a three course of acrylic sealer and fabric. MD 2. (5). Walk roof and seal open penetration collars as needed with polyurethane caulk and tooled in neatly. MD 1. (6). Inspect penetrations and seal base with acrylic sealer. MD 1. (7). Along perimeter edge where its loose and pulling away, clean and prep then three course with acrylic sealer and 4” fabric. MD 1
(8). Remove all project related debris and dispose of at an onsite dumpster provided by customer. MD 1.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 39 of 88
www.tremcocpg.com
TERMS AND CONDITIONS:
Unless all Work hereunder is to be performed within thirty (30) days, WTI shall submit an invoice to the Customer at the end of each calendar month for the amount due for the portion of the Work completed during that month. If all Work is to be performed within thirty (30) days, no invoice shall be submitted until all Work has been completed. Customer shall pay WTI in full within thirty (30) days after receipt of each invoice.
This Proposal is an offer by WTI to provide the Scope of Work set forth above to the Customer on the terms and conditions set forth herein and in WTI’s standard terms and conditions*, which are hereby incorporated by reference (together, the “Terms and Conditions”). The Terms and Conditions will govern the Work to the exclusion of any other or different terms, including in any customer purchase order, unless otherwise expressly agreed in writing pursuant to a Master Agreement or similar contract with Customer signed by an authorized representative of WTI. Please confirm your acceptance either by return e-mail to the representative identified below or by having an authorized representative of Customer sign in the space provided below. Upon receipt of acceptance, WTI will process your order and promptly begin the Scope of Work. We appreciate your business and look forward to working with you at your facility Sincerely,
Weatherproofing Technologies, Inc.
By:
Title:
Phone:
E-mail:
*Press the following hyperlink button for a copy of our Terms and Conditions. T&C
PATCH AND REPAIR
Mark Bandini
Field Advisor
909-800-0502
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 40 of 88
www.tremcocpg.com
Acknowledgement Regarding Prevailing Wage Requirements:
Please check ONE of the below:
The work described to be performed by Weatherproofing Technologies, Inc. (“WTI”) at customer’s facilities is not subject to federal, state or local prevailing wage requirements, other than the Fair Labor Standards Act’s minimum wage provisions (29 U.S.C. § 206) and similar state minimum wage laws of general application.
The work to be performed by WTI at customer’s facilities is subject to prevailing wage requirements, and the customer agrees to provide WTI with all applicable wage schedules for such work before a purchase order is generated for this work.
Customer further acknowledges that if customer is a public entity or agency, or the project is funded in whole or in part with federal funds, the price quoted by WTI for work performed on customer’s facilities is based on the assumption that the work is covered by a prevailing wage law (applicable state or local prevailing wage law or the Davis Bacon Act). If the customer indicates above that this project is not subject to any federal, state or local prevailing wage requirements the quoted price may be reduced.
Customer Name:
P.O. # (if required)
Customer Representative (print name):
Signature:
Title:
Date:
PATCH AND REPAIR
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 41 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
Fire Station 2 & Yard
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 42 of 88
www.tremcocpg.com
COMPANY CAPABILITIES
NEARLY A CENTURY OF SERVICE
Weatherproofing Technologies, Inc. (WTI), originally
established in 1928, along with its affiliated company, Tremco, offers a comprehensive inventory of roofing
assessment, leak prevention, building envelope, product sales, and general contracting (GC) services. WTI and
Tremco, part of Tremco Construction Products Group
has annual sales of over $2 billion, owns and operates
11 manufacturing plants with over 2,000 employees
worldwide. Our parent company, RPM International, a
Fortune 500 company and a world leader in specialty
coatings serves both industrial and consumer markets.
RPM, founded in 1947, owns over two dozen operating
companies manufacturing popular brand products
such as Rust-Oleum®, Carboline®, DAP®, Dryvit®,
and Zinsser®. RPM International maintains more than
11,000 employees worldwide, generating nearly $7
billion in annual sales.
Tremco/WTI represents one of the largest organizations
in the building envelope industry with 200+ field advisors, 650+ technical personnel, and more than 1,000 certified subcontractors. Domestically, these resources combine
to provide industry leading products and services to
customers throughout Canada and the United States.
Tremco/WTI personnel are amongst the most highly
trained and experienced in the nation.
ISO 9001:2015 & 14001:2015 CERTIFIED
WTI, along with its affiliated company Tremco, is
ISO 9001:2015 certified and was the first building
envelope service company in the industry to attain this quality certification.
ISO certification helps to continually improve our
systems and approach to building envelope concerns
and is the standard to which we have committed for
our customers. We constantly look to improve our
management process within our strategic planning
processes through the input of our leadership,
employees, and customers.
“Tremco CPG’s expansive sales force
gives contractors, building owners,
architects and engineers easy access
to all the information and assistance
they need, whatever their project’s
objectives and challenges. Our
technical specialists work together
on the solution that provides the
performance desired while meeting
aesthetic and budget parameters,”
Paul Hoogenboom
President, Tremco CPG
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 43 of 88 3735 GREEN ROAD, BEACHWOOD, OH 44122 • www.tremcocpg.com WTI is part of Tremco Construction Products Group
THANK YOU
FOR THE OPPORTUNITY TO PROPOSE ON THIS PROJECT
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 44 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: PTD175/725
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–15 WITH THE SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT FOR USE OF THEIR WEAPONS FIRING RANGE
FACILITIES
CONSIDER AUTHORIZING CHIEF OF POLICE JASON REED TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City Council is requested to consider approving Agreement No. 25–15 with the San Bernardino County Sheriff’s Department for use of their weapons firing range facilities to facilitate training for the newly authorized Special Weapons and Tactics (SWAT) Team, and consider authorizing Police Chief Jason Reed to sign said agreement.
A copy of proposed Agreement No. 25–15 is attached for the City Council’s review and consideration.
BACKGROUND: As a training component of the recently authorized SWAT Team, team members are required to attend monthly training in firearms proficiency. This training is often facilitated at the San Bernardino County Sheriff’s range facilities, which include outdoor, mock building live–fire, gas–house, and sim–round training. This training is not available to be facilitated in the Police Department’s indoor range.
An agreement with the Sheriff’s Department is required to utilize their facilities, which includes targets and cleaning supplies. The proposed agreement term is until 2027.
Use of the facilities would be on an “as–needed” basis and would be paid per use.
Funding for this agreement for the remainder of Fiscal Year 2024–25 would be paid out of existing authorized funds for SWAT team start–up costs (Federal Asset Forfeiture Fund 1144).
FISCAL IMPACT: If authorized by the City Council, funding for Agreement No. 25–15 with the San Bernardino County Sheriff’s Department for use of their weapons firing range facilities would not result in any additional costs for FY 2024–25.
Thereafter, there would be an annual estimated cost beginning in FY 2025–26 of $3,200 from the City’s General Fund.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–15 with the San Bernardino County Sheriff’s Department for use of their weapons firing range facilities.
2. Authorize Chief of Police Reed to sign said Agreement.
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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor Montclair Police Department
Contractor Representative
Telephone Number
Contract Term 04-15-2025 through 06-30-2027
Original Contract Amount Fee per Service
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
AGREEMENT FOR USE OF
SAN BERNARDINO COUNTY SHERIFF/CORONER/PUBLIC ADMINISTRATOR
WEAPONS FIRING RANGE FACILITIES
WHEREAS, the County, through the Sheriff/Coroner/Public Administrator, hereinafter referred to as “Sheriff”, operates a Weapons Firing Range (Range), a Live Fire House (LFH), a Tactical Training House (TACH); and a Chemical Agents Facility (CAF) located at the Frank Bland Regional Training Center (Training Center); AND WHEREAS, the Contractor desires to enter into an Agreement for the use of said Range for the purpose of firearms training; or of said CAF for periodic chemical agent (tear gas) training; or of said LFH and/or TACH for the purpose of periodic firearms qualification shoots and/or firearms training; NOW, THEREFORE, the parties agree as follows:
A. SCOPE OF SERVICES
A.1 The Contractor shall make use of the Range, CAF, LFH, or TACH at approximately quarterly intervals during each contractual year. Contractor shall be provided access to the Range as many times as required to ensure that all Contractor’s law enforcement personnel and/or students have successfully completed qualifying shoots and/or training sessions. Use of the Range shall take place during normal Range operating hours, at times and dates specified by the Sheriff’s Range Contract Number
SHR - 25- 0199
SAP Number
N/A
Jason Reed
(909)448-3600
AGREEMENT NO. 25–15
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Master and/or Range Safety Officer. Available Range facilities shall include, but are not limited to, the following: pistol range, rifle range, and classroom facilities.
A.2 The Contractor shall coordinate with a designated County Range Safety Officer regarding the proper use of the Range, CAF, LFH and TACH facilities. Contractor shall ensure that all Contractor’s personnel and students utilizing the Range, CAF, LFH, or TACH are knowledgeable regarding proper use of the Range, CAF, LFH and/or TACH facilities.
A.3 The LFH and TACH are limited to use by Special Weapons and Tactics (SWAT) teams and must be approved by the Sheriff’s Range Master, or designee, to assure proper training and qualification.
A.4 Instructors must consult with the Sheriff’s Range Safety Officer for an update of LFH and TACH procedures if a 12-month period of non-use has occurred.
A.5 The Contractor shall supply, at no cost to the County, a qualified Range Master, who has successfully completed a California Peace Officer Standards of Training (P.O.S.T.) approved (or equivalent) firearms instructor course, who shall personally supervise and control the course of training of Contractor’s personnel and students at the Range, CAF, LFH and TACH subject to oversight and approval of the Sheriff’s Range Master and Range Safety Officer. Contractor shall always have at least two safety persons (approved by Sheriff Department’s staff) per scenario on site at the LFH and/or TACH during any training activity. Depending upon the nature of the training activity, Sheriff’s Range Master or Range Safety Officer, or equivalent Range/CAF/LFH/TACH personnel, reserves the right to take direct control of the course of training of Contractor’s personnel and students with the assistance of Contractor’s Range Master.
A.5.1 Contractor shall supply copies of all related certifications of all instructors/safety officers.
A.5.2 All participants shall conduct themselves in accordance with Range Rules and Regulations, as detailed in Exhibit A; Live Fire House Regulations and Safety Rules, as detailed in Exhibit B; Chemical Agents Facility Regulations and Safety Rules, as detailed in Exhibit C; and Tactical Training House Regulations and Safety Rules, as detailed in Exhibit D, attached hereto and incorporated herein by reference.
A.5.3 Violations of the above-mentioned rules and regulations may result in immediate termination of Contractor’s Range, LFH, CAF and TACH privileges.
A.6 The Contractor shall limit the use of the Sheriff Department’s Range, CAF, LFH, and TACH facilities to those personnel and students currently employed or enrolled with Contractor at the time the Range, CAF, LFH, and/or TACH are used.
A.7 The Contractor shall supply and bear the cost of all supplies or equipment necessary for shoots or training, above those detailed in the Schedule A, attached hereto and incorporated herein by reference. Contractor shall supply all necessary ammunition and weapons. All expended shell casings shall become the sole property of the County.
A.8 The Contractor shall submit a course of fire to the Sheriff’s Range Master or Range Safety Officer prior to Contractor’s initial use of the Range, LFH, and/or TACH facilities. Contractor shall submit a new course of fire prior to making any change in use of the Range, LFH, and/or TACH facilities.
A.9 The Contractor shall supply the Sheriff’s Range Master or Range Safety Officer with contact information for Contractor’s lead instructor/Range Master.
A.10 It shall be the sole responsibility of the Contractor to ensure that all shooters arrive for all shoots and/or training sessions. Contractor is required to submit a roster of individuals in attendance at the Training Center.
B. TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on April 15, 2025, or upon the date of approval by the Sheriff, whichever is later, and ending on June 30, 2027. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by Contractor or by Sheriff upon written MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 47 of 88
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notice given to the other party at least thirty (30) days prior to the date specified for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Neither party shall incur any liability to the other by reason of termination.
C. FISCAL PROVISIONS
C.1 The Contractor shall compensate the County at the rates set forth and attached hereto as Schedule B, per agency, based upon the actual number of shooters or per facility fee, per session. Sessions up to four hours will be considered a half-day session with a limit of twenty (20) shooters in four hours. Sessions more than four hours (or more than twenty (20) shooters) will be considered a whole day session.
C.2 Each Contractor agency is responsible for its per shooter/facility/session charges. If multiple Contractor Agencies train together, the charges cannot be combined and will be billed separately.
C.3 Contractor shall be billed in arrears on a quarterly basis. Contractor will submit payment to the Sheriff Department’s Bureau of Administration for the costs billed within forty-five (45) days of invoice.
C.4 Schedule B reflects the rates in effect at the execution of this Agreement. County shall have the right to adjust the rates provided under this Agreement at the end of each fiscal year for the ensuing fiscal year. Any subsequent cost change(s) shall become effective on July 1 of the County fiscal year (July 1 through June 30). Such rate change(s) can include changes to Memoranda of Understanding approved by the County Board of Supervisors for County employees and other inflationary costs. Sheriff shall provide notice to Contractor of pending rate change(s) by providing Contractor with a revised Schedule B reflecting such rate change(s).
C.5 CANCELLATION POLICY: Contractor agrees to pay the full cost of any scheduled facility session according to the Schedule B charges for the specific shooter/time booked unless the reserved time has been cancelled, at a minimum, twenty-four (24) hours prior to the scheduled session time.
Contractor may cancel scheduled sessions by calling the Sheriff’s Range office at (909) 473-2549 or by e-mail to: [email protected].
D. INDEMNIFICATION AND INSURANCE REQUIREMENTS
D.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (“Indemnitees”) from any and all direct claims, actions, losses, damages and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782. Provided, however, that this indemnity does not extend to any environmental hazards or risks.
D.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
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D.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.
D.4 Policies Primary and Non-Contributory
All policies required above are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the County.
D.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
D.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the Sheriff’s Department to the address referenced in Paragraph F, evidencing the insurance coverage at the time the Agreement is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
D.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “AVII”.
D.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
D.9 Failure to Procure Coverage
In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Agreement or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County invoices to the Contractor will be increased to pay for County purchased insurance.
D.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Direction of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
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Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
D.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.
For contractors which are considered self-insured public entities: Both Contractor and County are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers’ Compensation. Contractor and County warrant that through their respective program of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement.
For contractors which are not considered self-insured public entities: Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:
D.11.1 Workers’ Compensation Liability - A program of Workers’ Compensation insurance or a state-approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits, covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this Agreement.
D.11.2 Commercial/General Liability Insurance - The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
D.11.3 Automobile Liability Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
D.11.4 Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 50 of 88
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include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
D.11.5 Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.
D.12 Any such reduction or waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
E. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County Sheriff’s Department
Bureau of Administration, Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
F. AUTHORITY
The Sheriff/Coroner/Public Administrator of San Bernardino County, or designee, shall have the right to exercise the County’s authority under this Agreement including the right to give notice of termination on behalf of the County at his sole discretion.
G. AGREEMENT AUTHORIZATION
The Contractor warrants and represents that the individual signing this Agreement is a properly authorized representative of the Contractor and has the full power and authority to enter into this Agreement on the Contractor’s behalf.
H. ENTIRE AGREEMENT
This Agreement, including all Exhibits and Schedules, which are attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein.
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
Montclair Police Department
4870 Arrow Highway
Montclair CA, 91763
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers and delivered this Agreement on the Execution Date on its behalf.
FOR SAN BERNARDINO COUNTY SHERIFF’S USE ONLY
Approved as to Legal Form Reviewed/Approved by Sheriff-Coroner Authorized Signature
Grace B. Parsons, Deputy County Counsel
Date
Carolina Mendoza, Chief Deputy Director of
Sheriff Administration
Date
Approved as to Legal Form
(Print or type name of agency/department)
By
Name, Title (Authorized signature - sign in blue ink)
Dated: Name
(Print or type name of person signing contract)
Title
Agency Name_City of Montclair____________________ (Print or Type) Dated:
Signature
Address
Montclair CA, 91763
4870 Arrow Highway
Montclair Police Department
Jason Reed
Chief of Police
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 52 of 88
SCHEDULE A
SUPPLIES AND SERVICES PROVIDED BY THE SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT FOR USE OF THE RANGE FACILITIES:
1. Target backing.
2. Target frames (stands).
3. Gun cleaning supplies and a designated area for gun cleaning.
ADDITIONAL INFORMATION:
CONTRACTOR will provide targets, staple guns and staples. Additional imported targets (steel, windshields, etc.) need the approval of the Rangemaster or Designee. Inmate assistance for range set up and target maintenance is available on a limited basis and is not guaranteed.
Nighttime use of the range facilities is available on a limited basis and must be approved by the Sheriff’s Rangemaster or Designee.
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SCHEDULE B
SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT
USE OF WEAPONS FIRING RANGE FACILITIES
FEE SCHEDULE 2022-27 *
HALF DAY FULL DAY
(Per Session)
Shooting Range
Live Fire House $460 $920
Gas House $220 $440
RAC House / Simmunition House / TAC House $460 $920
Mat Room ** Classroom ** $220
$220
FACILITY
* The rates on this page are for the fiscal year 2024-25 only and may be adjusted each fiscal year. ** Charged when no other exercise is being conducted by an agency on the same day. $23 per Shooter
UP TO FOUR (4)
HOURS/DAY
(UP TO 20 SHOOTERS)
MORE THAN FOUR (4)
HOURS/DAY
(MORE THAN 20
SHOOTERS)
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EXHIBIT A
NOTICE
RANGE SAFETY ADVISORY
THE FOLLOWING SAFETY PROCEDURES WILL BE STRICTLY ENFORCED:
1. Upon arrival, all weapons are to remain holstered until participants are instructed to report to the firing line and given commands for the course of fire.
2. All shooters must wear proper ear and eye protection as approved by the Sheriff’s Range.
3. Weapons are to be loaded or down loaded at the firing line, or as otherwise instructed by the Range Safety Officer.
4. Only magazines and speed loaders may be down loaded and replaced with live ammunition in the staging area.
5. After completing the course of fire, weapons are to be re-holstered upon leaving the firing line.
6. Weapons may be un-holstered in the cleaning room and rendered safe for cleaning by using the bullet containment system located in the cleaning room.
7. A duty round may only be re-chambered at the firing line or by using the bullet containment system located in the cleaning room.
8. Violation of any safety rule will result in removal of the violator from the Range. Flagrant safety violations could lead to suspension of future range privileges to the violator and/or the agency or organization the violator represents.
9. Eating, open toed shoes, and shorts are not permitted on the firing ranges
IF THERE ARE ANY QUESTIONS, PLEASE CONSULT THE RANGE SAFETY OFFICER OR
RANGEMASTER
Rev. 06/2022 Page 1 of 1
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EXHIBIT B
San Bernardino Sheriff’s Department
Live Fire House Regulations and Safety Rules
1. Approval for use of the Live Fire House must be made by the or the Rangemaster or his/her Designee; authorized firearms instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the Live Fire House; all training, presentation, or demonstrations, whether live fire or not, will be under the direct supervision of an instructor; the primary instructor will ensure that all participants involved in live fire training are qualified to do so; all instructors must have satisfactorily completed a “Live Fire House OperationsInstructor Development Course”, as offered by either San Bernardino County Sheriff’s Department (or equivalent subject to the approval of the Sheriff’s Rangemaster); the primary instructor will ensure that all participants involved in Live Fire House training receive a safety briefing that includes basic firearms safety, and the safe operating procedures for the Live Fire House; all loading and unloading of weapons will be under the direct supervision of a firearms instructor; the primary instructor will ensure that the following safety equipment is on-hand prior to “Live Firearms Training”, these include, first aid trauma kit, radio or other form of communication, that fire extinguishers are present and charged, and the approach gate to the LFH remains clear of obstruction at all times.
2. Under most circumstances, the student to authorized instructor ratio will not exceed 3 to 1; body armor, eye and hearing protection must be worn by everyone who enters the Live Fire House; prior to live fire exercises, all rooms will be checked to ensure that no personnel are present; firearm instructors will ensure that targets are placed so that, when engaged, rounds will hit the proper backstop and rounds will not exit the building; authorized/approved frangible ammunition shall only be used, if your ammunition is not on the approved list a test must be conducted by the Range Staff to verify that the ammunition is appropriate for the facility; no metal targets will be allowed; instructors shall review all targets and angles of deflections before beginning live fire; if during any training a safety whistle is blown or a command that is designated as a “Cease Fire” command is made, the shooter(s) shall freeze their movement, place trigger fingers outside of trigger guards, depress the weapons muzzles, repeat “Cease Fire” and wait for further commands from the instructor; students are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so is just cause for removal from training, all observers are required to follow the safety rules established for the Live Fire House at all times, failure to comply with these safety rules is just cause for removal from the Live Fire Facility; instructors shall ensure that no shots impact any containment wall closer than 18” from its upper edge; instructors shall monitor students to ensure that firing positions are not taken that may endanger other students or may allow fired round(s) from escaping the containment area.
3. The red range flag must be hoisted prior to use; at the conclusion of the training session the building shall be checked for damage, potential fire concerns and then secured; all damage not consistent with normal wear must be repaired, replaced and reported.
4. The entrance gates to the Live Fire House will be closed during all live fire exercises, with entry being approved only by the primary safety officer; no unauthorized persons shall be present in or around the Live Fire House without checking in with the safety officer and having his or her consent to be present; any injuries must be immediately reported to the Range Safety Officer or Rangemaster; a post operation inspection of the Live Fire House facility will be made by the primary instructor to ensure the following: all weapons, ammunition, diversionary devices, body armor, and MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 56 of 88 other equipment used during the training period are accounted for, that brass has been collected and that all other debris within the Live Fire House has been removed, that no student(s) has sustained any injuries during training, that no damage has been caused by the training; account for all personnel who used the Live Fire House.
5. All agencies seeking to use the Live Fire House must have a current contract with the County of San Bernardino for such use, and insurance document, on file; curriculum of exercises that are to be conducted in the Live Fire House must be submitted in advance to the Rangemaster for approval; specific safety policies and procedures of the San Bernardino County Sheriff’s Department must be followed at all times; firearms shall not be handled by persons with a blood alcohol content in excess of .00% by weight or under the influence of drugs or medication that would impair their motor skills, judgment, or balance; and no chemical agents may be used in the Live Fire House.
6. All ammunition(s) used at the Life Fire House must be approved by the San Bernardino County Sheriff’s Department and meet Department standards.
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EXHIBIT C
San Bernardino County Sheriff’s Department
Chemical Agents Facility Regulations and Safety Rules
1. Approval for use of the Sheriff’s Chemical Agents Facility (CAF) must be made by the Rangemaster or his/her designee; authorized chemical agents instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the CAF; all training, presentation, or demonstrations, whether live training or not, will be under the direct supervision of an instructor; the primary instructor will ensure all participants involved in training are qualified to do so; all instructors must have satisfactorily completed a POST certified “Chemical Agents Instructor Course,” as offered by either the San Bernardino County Sheriff’s Department or equivalent, subject to the approval of the Sheriff’s Rangemaster; the primary instructor will ensure the following safety equipment is on-hand prior to live training, these include, first aid trauma kit, radio or other form of communication, charged fire extinguisher(s), operable water source, “dud” container(s) with water.
2. No firearms and/or edged weapons shall be present by those involved in chemical agents training; chemical agents shall not be handled by persons with a blood alcohol content more than .00% by weight or under the influence of drugs or medication that would impair their motor skills, judgment, or balance; any injuries shall be immediately reported to the Rangemaster or readily available Range staff member; a post operation inspection of the CAF will be made by the primary instructor to ensure any related equipment utilized during the training period are accounted for and removed; damage to the CAF shall be immediately reported to the Rangemaster or his/her designee; if at any time, flagrant safety violations are observed, the Rangemaster or his/her designee shall assume control of the training session until its conclusion.
3. Chemical agents training shall adhere to the most current “POST Guidelines for Student Safety in Certified Courses” manual and section six (6) of the Sheriff’s Training Division Safety Policy (available via the Range Office); all participants are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so is just cause for removal from training, all observers are required to follow the safety rules established for the CAF; the red notification flag must be hoisted prior to using the CAF; at the conclusion of the training session the CAF shall be checked for damage, potential fire concerns and then secured; all damage not consistent with normal wear must be repaired and/or replaced and reported.
4. Students/participants who are issued or using an air-purifying respirator (APR) when participating in chemical agents training must have completed any agency required medical examination, shall have met CAL/OSHA requirements for fit testing and use a NIOSH approved APR; the following staff-to-student ratios shall be used inside the CAF:
Verbal/Classroom Instruction 1:20
Application/Practical’s 1:1
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EXHIBIT D
San Bernardino Sheriff’s Department
Tac-House Regulations and Safety Rules
1. Approval for use of the Tac-House must be made by the Rangemaster or his/her designee; authorized firearms instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the Tac-House; all training, presentations, demonstrations, and live training evolutions will be under the direct supervision of an instructor; the primary instructor will ensure all participants involved in training evolutions are qualified to do so; all instructors must have satisfactorily completed a “Live Fire House Operations-Instructor Development Course,” as offered by either the San Bernardino County Sheriff’s Department (or equivalent subject to the approval of the Sheriff’s Rangemaster) or a certified “Active Shooter Instructor” course; the primary instructor will ensure all participants involved in training receive a safety briefing that includes basic firearms safety, and the safe operating procedures for the TacHouse; all loading and unloading of training weapons will be under the direct supervision of a firearms instructor; the primary instructor will ensure the following safety equipment is on-hand prior to live training evolutions, these include, first aid trauma kit, radio or other form of communication, that fire extinguishers are present and charged, and the Tac-House interior/exterior boundaries remains clear of obstruction(s) at all times; live firearms or live ammunition is not authorized inside the Tac-House, nor to be present during live training evolutions.
2. Under most circumstances, the student to authorized instructor ratio will not exceed 3 to 1; body armor, long sleeve clothing, pants, eye and hearing protection shall be worn by everyone who enters the Tac-House; prior to live training evolutions, all rooms will be checked to ensure no personnel are present other than role players; firearm instructors will ensure targets are placed so that, when engaged, rounds will impact the proper backstop and rounds will not exit the building; authorized/approved “non-permanent marking simunition rounds” shall only be used, if your simunition rounds are not on the approved list, a test must be conducted by the Range Staff to verify that simunition rounds are appropriate for the facility; instructors shall review all targets and angles of deflections before beginning live training evolutions; if during any training a safety whistle is blown or a command that is designated as a “Cease Fire” command is made, the shooter(s) shall freeze their movement, place trigger fingers outside of trigger guards, depress the weapons muzzles, engage the safety selector and repeat “Cease Fire” and wait for further commands from the instructor; students are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so is just cause for removal from training, all observers are required to follow the safety rules established for the Tac-House at all times, failure to comply with these safety rules is just cause for removal from the Tac-House and Training Center Campus; instructors shall ensure that no shots impact any containment wall closer than 18” from its upper edge or within 18” of any role player; instructors shall monitor students to ensure that firing positions are not taken that may endanger other students or may allow fired round(s) from escaping the containment area.
3. The red range flag must be hoisted prior to use; at the conclusion of the training session the TacHouse shall be checked for damage, potential fire concerns and then secured; all damage not consistent with normal wear must be repaired, replaced and reported.
4. With the exception of training evolution vehicles, the ingress/egress of the Tac-House shall be cordoned off during all live training evolutions, with entry being approved only by the primary safety officer; no unauthorized persons shall be present in or around the Tac-House without checking in MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 59 of 88 with the safety officer and having his or her consent to be present; any injuries must be immediately reported to the Range Office or Rangemaster; a pre and post operation inspection of the Tac-House facility will be made by the primary instructor to ensure the following: all weapons, munitions, body armor, and other equipment used during the training period are accounted for, that FCC’s have been collected and that all other debris within the Tac-House has been removed, that no student(s) have sustained any injuries during training, that no damage has been caused by the training; account for all personnel who used the Tac-House.
5. All agencies seeking to use the Tac-House must have a current contract with the County of San Bernardino for such use, and insurance document, on file; curriculum of exercises that are to be conducted in the Tac-House must be submitted in advance to the Rangemaster for approval; specific safety policies and procedures of the San Bernardino County Sheriff’s Department must be followed at all times; live or training firearms shall not be handled by persons with a blood alcohol content in excess of .00% by weight or under the influence of drugs or medication that would impair their motor skills, judgment, or balance; and no chemical agents or flammable/non-flammable incendiary devices may be used inside the Tac-House.
6. All simunition(s) used at the Tac-House must be approved by the San Bernardino County Sheriff’s Department and meet Department standards
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 60 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: ADM277
DEPT.: INFO. TECH.
PREPARER: J. NGUYEN
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–16 WITH HCI SYSTEMS, INC. FOR THE
INSTALLATION, PROGRAMMING, AND IMPLEMENTATION OF AXIS
COMMUNICATIONS ADVANCED SECURITY CAMERAS SYSTEMS AT REEDER RANCH
PARK AND SUNSET PARK
REASON FOR CONSIDERATION: The City Council is requested to consider approving Agreement No. 25–16 with HCI Systems, Inc. for the installation, programming, and implementation of Axis Communications security cameras at the newly constructed Reeder Ranch Park and the newly renovated Sunset Park. Approval of this agreement will ensure both parks are equipped with advanced security infrastructure to promote public safety, deter criminal activity, and protect the City’s investment in these community assets.
A copy of proposed Agreement No. 25–16 is attached for the City Council’s review and consideration.
BACKGROUND: The City of Montclair is nearly complete with two transformative park projects that will greatly enhance the quality of life for residents and visitors. The construction of the new, state–of–the–art Reeder Ranch Park and the full renovation of Sunset Park are expected to be completed and open to the public in the upcoming weeks.
Both parks reflect the City’s commitment to community enrichment and recreational wellness, offering modern, inclusive, and engaging outdoor environment.
Reeder Ranch Park features striking architectural designs and an inviting layout that encourages both leisure and community use. Reeder Ranch Park includes expansive, well–maintained lawn areas ideal for reflection and social interaction, a modern children’s playground, and a spacious multi–purpose community hall. This facility is equipped with a 150–inch video wall, a high–quality Bose sound system, wireless microphones, and full Wi–Fi connectivity—making it an ideal venue for civic events, educational programming, and private gatherings.
Sunset Park, which stretches from Kingsley Street to Orchard Street, has been revitalized to include two new playgrounds, a scenic walking trail for fitness enthusiasts along the San Antonio Creek Channel, new landscaping, and an outdoor amphitheater that invites visitors to connect with nature.
Given the open and active nature of both parks, the City recognizes the importance of ensuring public safety and protecting these valuable public assets. To proactively deter vandalism, loitering, and other criminal activity, staff is proposing the installation of advanced 4K security camera systems at both locations.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 61 of 88 These high–resolution surveillance systems are equipped with intelligent analytics to detect, identify, and alert law enforcement to suspicious or criminal behavior in real time.
Key features of these cameras include the following:
Real–time motion detection and AI–based behavioral analytics Integrated speakers and alarm systems to issue verbal or audible warnings Zoom capabilities for enhanced facial and body recognition Built–in floodlights to improve visibility and deter unlawful activity Strategic camera placement for maximum coverage of critical areas 24/7 monitoring and high–capacity video storage for up to 90 days Seamless integration with existing City infrastructure The implementation of these intelligent systems will provide robust deterrence and ensure a safe, welcoming environment for park users.
The City of Montclair has prior experience using Axis Communications surveillance technology at the Civic Center, where IT staff are well–versed in their configuration, management, and maintenance of the system. Axis Communications is a global leader in network surveillance, known for innovation, reliability, and advanced analytics that support proactive crime prevention.
The proposal from HCI Systems, Inc. includes use of Axis multidirectional 4K cameras paired with AXIS D4100–E Network Strobe Sirens, delivering full 360–degree coverage and rapid incident response capabilities. Features such as customizable alerts, strobe lighting, and integration with AI–powered analytics make this system highly effective in open–space environments like parks.
Axis Communications operates through an extensive network of authorized partners and resellers to ensure consistent, high–quality installation and support services for its proprietary surveillance technology. Due to this business model, Axis products are not available for direct purchase on the open market, and competitive bidding is not applicable for their procurement. As a result, staff have identified HCI Systems, Inc. as the preferred integration partner for this project based on their qualifications, experience, and authorization to install Axis equipment.
HCI Systems has submitted comprehensive proposals for both park installations:
Reeder Ranch Park: $66,822
Sunset Park: $104,759
These costs reflect the scope, size, and security requirements of each facility. Partnering with HCI Systems will ensure that the city receives a fully integrated, expertly implemented surveillance solution.
HCI Systems, Inc.
HCI Systems, Inc. is a certified systems integrator specializing in low–voltage electrical systems, including electronic security, fire alarm, and communications infrastructure.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 62 of 88 The company is licensed to perform all necessary work related to the installation and integration of surveillance systems, including electrical wiring, device mounting, system configuration, and long–term maintenance support. With a full–service approach that includes design, engineering, installation, and servicing, HCI Systems has consistently demonstrated its ability to deliver complex projects efficiently and with high standards of quality. Their expertise, familiarity with Axis Communications products, and strong reputation for reliability make them a trusted choice for this initiative.
FISCAL IMPACT: If authorized by the City Council, the total cost for the installation of security camera systems at both park sites is $171,581, with $66,822 allocated for Reeder Ranch Park and $104,759 for Sunset Park. Staff proposes allocating $171,584 from the 2021 Lease Revenue Bond funds to cover costs associated with installation of the security camera systems.
RECOMMENDATION: Staff recommend that the City Council approve Agreement No. 25– 16 with HCI Systems, Inc. for the installation, programming, and implementation of Axis Communications advanced security camera systems at Reeder Ranch Park and Sunset Park.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 63 of 88 HCI Systems Inc.
CA State Contractors License #905493, DIR# 1000000046
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno ● Pleasanton ● Sacramento (877) 331-2084 | www.hcisystems.net
Sunset Park
4351 Orchard Street
Montclair, CA 91763
PROPOSED SYSTEMS
VIDEO MANAGEMENT SYSTEM
DATE SUBMITTED:
April 1, 2025
PREPARED FOR: PREPARED BY:
City of Montclair HCI Systems Inc.
Edmund Garcia Garrett Pell
5111 Benito Street 1731 Reynolds Ave
Montclair CA 91763 Irvine, CA 92614
909.905.0206 949-355-5919
[email protected] [email protected]
AGREEMENT NO. 25–16
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 64 of 88 HCI Systems Inc. proposes to install the system(s) as described below.
This proposal is based on: JOB WALK ONLY
Dated
Drawings Section Through: N/A - JOB WALK ON 3/26/24 N/A Spec Section Through: N/A N/A
This proposal is valid for (30) days from the date of this proposal.
Any and all Specialty back box mounting.
Lifts and Podium type ladders. Access to any raceway, conduit, junction box or device that cannot be safely reached from a 12 foot ladder shall be furnished by others. This includes throughout installation, testing and the contract warranty period.
System control panel cabinets, annunciator cabinets and power supply cabinets shall be provided but not installed.
Installation by the Electrical Contractor.
Any and all asbestos containment and/or abatement.
GENERAL EXCLUSIONS
Engineered drawings are Excluded.
AutoCAD backgrounds must be provided by Customer.
The Prices quoted herein are subject to increase due to any material and/or labor escalations. A 30 day written notice of an increase shall be provided to the Customer prior to the implementation of any increase. Notwithstanding anything to the contrary, Customer understands and agrees that we are not responsible or liable for any supply chain, shipping, material, or any parts and/or equipment manufacturing delays. We will keep customer reasonably informed of such delays should they occur.
Data submittals are Excluded.
GENERAL INCLUSIONS
Any and all Demo work.
Any and all Parking fees.
Any and all Painting, patching, access hatches, fire or sound caulking and fire stopping.
Any and all Grounding and Bonding systems. Any and all Ground boxes and Combo boxes. 120VAC power, fire-rated backboards, trenching, backfill, outdoor or underground raceway, fire caulking, penetrations through rated-structure, X-ray or sonar of slabs or coring. Any work in underground vaults, manholes & handholes. This proposal excludes grinding and welding of any covers and any water or debris must be removed by others.
Installation of all system and riser terminal cabinets, which shall be installed by Electrical Contractor.
This proposal includes Standard Labor rates and excludes Prevailing Wage rates, CMAS, or other special wage rates.
PLA or PSA labor agreements will not be signed. All work to be done during normal working hours 5:00am – 3:30pm Monday- Friday excluding legal holidays.
Applicable taxes and freight.
No work shall commence until Customer signs this proposal indicating acceptance of terms.
SCOPE OF WORK
Any and all BIM Modeling (backgrounds must be provided in AutoCAD or DXF format for shop drawings) Any and all fire watch
HCI Systems Inc. Page 2 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 65 of 88 The following is a list of system components to be furnished based on the bid documents and the items listed above:
VIDEO MANAGEMENT SYSTEM
QTY DESCRIPTION
15 4X5 MP MULTI-DIRECTIONAL 4-LENS PANORAMIC CAMERA W/ AI - P3747-PLVE 1 12TB SERVER - RACK MOUNT - IDF 1
1 32TB SERVER - RACK MOUNT - IDF 2
15 POLE MOUNT 65-165MM
15 PENDANT KIT
8 SIREN + STROBE
.
This proposal includes network cabling from each camera back to closest IDF Room. Cameras over 300' from the closest IDF will be run using Ethernet Extenders or Fiber, or special long distance cable. All cameras will be powered by Power over Ethernet (PoE).
Underground fiber is Excluded.
Camera mounts are included in this proposal.
All network switches and/or PoE switches are Excluded and to be provided by others.
VIDEO MANAGEMENT SYSTEM SPECIFIC
Any and all 2-hr fire rated wire, shafts, raceways, walls, enclosures, doors or any other 2-hr fire rated protection.
Any and all Seismic calculations. Seismic mounting details will be shown on shop drawings as required. Structural engineers review stamp is excluded.
The video management system shall be furnished and installed with OPEN WIRE to a partial raceway to be provided by others. All conduit, junction boxes, outlet boxes and outlet rings are excluded and shall be furnished and installed by others. Further, the conduit (provided by others) will be preppared with pull strings. If HCI determines no pull strings are usable or conduit is not usable for whatever reason, the customer understands this will qualify as an additional charge to fix the issue(s).
The conduit is assumed to be dedicated for HCI's low voltage wiring, and no electrical wiring will share the pathways.
In addition, this proposal assumes each light pole where the cameras will be mounted will have their own service boxes near by for HCI to access while pulling cable.
Any and all existing alarms, supervisory, and troubles on existing panel(s). (It is assumed that any existing panels that will be added to, shall be clear of all off normal events. If panel is not clear at time of additions, no responsibility shall be assumed or taken to fix existing conditions unless and until Customer issues a change order with the extra costs necessary to clear the panel(s).)
This proposal includes video storage assuming 60 days, 15FPS, Normal Activity, H.265 Compression.
This proposal excludes data jack and cable homeruns to the closest IDF for the CCTV cameras (this work by the SCS contractor).
Computer workstations and/or monitors are Excluded - HCI will only install the NVR's on the customer provided racks and connect the NVR's to the customer provided PoE switches.
HCI Systems Inc. Page 3 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 66 of 88 The following is a list of system components to be furnished based on the bid documents and the items listed above:
SYSTEM
VIDEO MANAGEMENT SYSTEM
TOTAL ALL SYSTEMS:
ADD/ ALTERNATES
FAR BACK CORNER CAMERA + WIRELESS SIKLU:
The Contractor will not be bound to any labor agreements unless the Contractor independently executes such agreements.
The Contractor shall have the right to terminate this Agreement for any reason, with or without cause, and at any time upon providing a 30-days written notice to Customer. In such event, the Contractor shall provide a credit to Customer for work not performed and such credit shall be the sole and exclusive remedy to Customer.
The Contractor will not accept any deduction or back charge without a valid reasonable written notice to the Contractor. The Contractor must provide written acceptance to the back charge or deduction. $ 104,759
If any arbitration or action at law or equity shall be brought on account of this Agreement or to enforce or interpret any of its provisions, the prevailing party shall be entitled to recover from the other party its actual attorneys' fees, which shall be made a part of any award or judgment rendered.
General Conditions and Clarifications
If Customer requires special wording for Waiver Of Subrogation Certificate, Customer shall request in writing such Certificate from the Contractor and Customer agrees to add and pay $300 to the proposed cost herein.
This proposal is based on the published project schedule at bid time. Any changes or delays to the project schedule not within the Contractors control will be subject to additional charges.
A bond is not provided for this project. If a bond is required by the Customer, it shall be requested by Customer in writing prior to the issuance of a contract. The additional cost of said bond shall be added to the price quoted herein. The Contractor’s current Bond Rate is 1.05%.
By issuing a contract to the Contractor to perform the work proposed herein, Customer hereby agrees that this proposal and all items contained within is made part of and incorporated in said contract issued for the performance of this work.
This proposal includes electronic copies in PDF of submittals and drawings only, unless otherwise specified in specifications. If Customer requires hardcopy of drawings it shall be subject to additional cost.
The liability for any work requested by Customer to be performed, prior to the Contractor obtaining plan check approval, shall be the sole responsibility of Customer/company requesting said work. Such requests must be made in writing.
Any changes to the project beyond the bid documents for any reason whatsoever outside of the Contractor’s control, whether caused by Owner revisions or construction modifications, are subject to Change Order.
This proposal is based on the Contractor's standard insurance coverage. Any requests for additional coverage beyond the Contractor's standard limits shall be subject to additional charges unless specifically included above. Copies of Contractor’s standard insurance coverage are available upon request.
Invoicing will be submitted on a monthly basis based on percent of work completed. Payments are due within 30 days after submission of an invoice. Overdue payments shall bear interest at the rate of 1.5% per month from the date on which payment is due until paid. A 4% processing fee will be added to any payments issued by credit card. $ 13,625
$ 104,759
The person executing this Agreement on behalf of Customer represents and warrants that they are authorized to do so by Customer to bind Customer to all terms herein. As a further inducement to the Contractor to enter into this Agreement, the person executing this Agreement agrees to guarantee the performance of Customer herein and to be personally liable for any payments not made by Customer.
The Parties acknowledge that this Agreement is the result of good faith negotiations between the Parties through their respective counsel. Any statute or rule of construction that any ambiguity is to be resolved against the Party that caused such an ambiguity shall not be employed in the interpretation or enforcement of this Agreement.
HCI Systems Inc. Page 4 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 67 of 88 Company: City of Montclair
Signature:
Printed Name:
Title:
Date:
Respectfully Submitted By:
ELECTRONIC SIGNATURE: In accordance with California Civil Code § 1633.1 et seq., an Electronic Signature (as defined below) affixed to this Agreement shall be as valid as an original signature and shall be effective to bind signatory to this Agreement. The term “Electronic Signature” shall mean (i) a manually produced original signature that is affixed to this Agreement via electronic means, or (ii) a signature that is generated and affixed to this Agreement via an electronic program (e.g., DocuSign or Adobe Acrobat signature function).
The Contractor is not responsible for the security of the site. The Contractor is further not responsible for any costs or claims whatsoever arising out of theft or damage to installed work due to vandalism.
This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral.
Garrett Pell
If applicable, the Contractor requires a reasonable amount of time to pretest the entire system including interface with other trades. Failure of other trades to complete their work in a timely manner which causes the Contractor to incur additional expenses to meet the construction schedule will be subject to additional charges.
If applicable, all work (installation, testing and inspections) shall be scheduled during regular business hours only. Any work or inspections scheduled outside regular business hours will be subject to additional charges.
If applicable, in order to proceed with design, the Contractor must have a hard copy of all relevant current contract drawings and specifications.
CAD files for contract drawings are not acceptable.
If applicable, the Contractor will be responsible for scheduling system related inspections. System inspections scheduled by others, resulting in additional cost to the Contractor, shall be subject to additional charges.
If applicable, the Contractor shall make every reasonable attempt to obtain a timely plan check. However, the Contractor is in no way responsible for any delays whatsoever due to plan check officials or procedures.
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. In addition, the Parties agree that facsimile and/or electronic signatures shall be acceptable to evidence the Parties’ assent to this Agreement and are deemed equivalent to original “wet ink” signatures for all purposes under this Agreement.
HCI Systems Inc. Page 5 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 68 of 88 MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 69 of 88 MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 70 of 88 MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 71 of 88 MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 72 of 88 HCI Systems Inc.
CA State Contractors License #905493, DIR# 1000000046
Ontario ● San Diego ● Irvine ● Pasadena ● Fresno ● Pleasanton ● Sacramento (877) 331-2084 | www.hcisystems.net
Reeder Ranch
4405 Holt Blvd
Montclair, CA 91763
PROPOSED SYSTEMS
VIDEO MANAGEMENT SYSTEM
DATE SUBMITTED:
April 1, 2025
PREPARED FOR: PREPARED BY:
City of Montclair HCI Systems Inc.
Edmund Garcia Garrett Pell
5111 Benito Street 1731 Reynolds Ave
Montclair CA 91763 Irvine, CA 92614
909.905.0206 949-355-5919
[email protected] [email protected]
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 73 of 88 HCI Systems Inc. proposes to install the system(s) as described below.
This proposal is based on: JOB WALK ONLY
Dated
Drawings Section Through: N/A - JOB WALK ON 3/26/24 N/A Spec Section Through: N/A N/A
This proposal includes Standard Labor rates and excludes Prevailing Wage rates, CMAS, or other special wage rates.
PLA or PSA labor agreements will not be signed. All work to be done during normal working hours 5:00am – 3:30pm Monday- Friday excluding legal holidays.
Applicable taxes and freight.
No work shall commence until Customer signs this proposal indicating acceptance of terms.
SCOPE OF WORK
Any and all BIM Modeling (backgrounds must be provided in AutoCAD or DXF format for shop drawings) Any and all fire watch
GENERAL INCLUSIONS
Any and all Demo work.
Any and all Parking fees.
Any and all Painting, patching, access hatches, fire or sound caulking and fire stopping.
Any and all Grounding and Bonding systems. Any and all Ground boxes and Combo boxes. 120VAC power, fire-rated backboards, trenching, backfill, outdoor or underground raceway, fire caulking, penetrations through rated-structure, X-ray or sonar of slabs or coring. Any work in underground vaults, manholes & handholes. This proposal excludes grinding and welding of any covers and any water or debris must be removed by others.
Installation of all system and riser terminal cabinets, which shall be installed by Electrical Contractor.
GENERAL EXCLUSIONS
Engineered drawings are Excluded.
AutoCAD backgrounds must be provided by Customer.
The Prices quoted herein are subject to increase due to any material and/or labor escalations. A 30 day written notice of an increase shall be provided to the Customer prior to the implementation of any increase. Notwithstanding anything to the contrary, Customer understands and agrees that we are not responsible or liable for any supply chain, shipping, material, or any parts and/or equipment manufacturing delays. We will keep customer reasonably informed of such delays should they occur.
Data submittals are Excluded.
System control panel cabinets, annunciator cabinets and power supply cabinets shall be provided but not installed.
Installation by the Electrical Contractor.
Any and all asbestos containment and/or abatement.
Any and all Specialty back box mounting.
Lifts and Podium type ladders. Access to any raceway, conduit, junction box or device that cannot be safely reached from a 12 foot ladder shall be furnished by others. This includes throughout installation, testing and the contract warranty period.
This proposal is valid for (30) days from the date of this proposal.
HCI Systems Inc. Page 2 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 74 of 88 The following is a list of system components to be furnished based on the bid documents and the items listed above:
VIDEO MANAGEMENT SYSTEM
QTY DESCRIPTION
9 4X5 MP MULTI-DIRECTIONAL 4-LENS PANORAMIC CAMERA W/ AI - P3747-PLVE 2 4K BULLET CAMERA W/ ANALYTICS - WEATHER RESISTANT - P1468LE 1 12TB SERVER - RACK MOUNT
11 POLE MOUNT 65-165MM
11 PENDANT KIT
6 SIREN + STROBE
.
This proposal includes video storage assuming 60 days, 15FPS, Normal Activity, H.265 Compression.
This proposal excludes data jack and cable homeruns to the closest IDF for the CCTV cameras (this work by the SCS contractor).
Computer workstations and/or monitors are Excluded - HCI will only install the NVR's on the customer provided racks and connect the NVR's to the customer provided PoE switches.
Any and all existing alarms, supervisory, and troubles on existing panel(s). (It is assumed that any existing panels that will be added to, shall be clear of all off normal events. If panel is not clear at time of additions, no responsibility shall be assumed or taken to fix existing conditions unless and until Customer issues a change order with the extra costs necessary to clear the panel(s).)
The video management system shall be furnished and installed with OPEN WIRE to a partial raceway to be provided by others. All conduit, junction boxes, outlet boxes and outlet rings are excluded and shall be furnished and installed by others. Further, the conduit (provided by others) will be preppared with pull strings. If HCI determines no pull strings are usable or conduit is not usable for whatever reason, the customer understands this will qualify as an additional charge to fix the issue(s).
The conduit is assumed to be dedicated for HCI's low voltage wiring, and no electrical wiring will share the pathways.
In addition, this proposal assumes each light pole where the cameras will be mounted will have their own service boxes near by for HCI to access while pulling cable.
Any and all 2-hr fire rated wire, shafts, raceways, walls, enclosures, doors or any other 2-hr fire rated protection.
Any and all Seismic calculations. Seismic mounting details will be shown on shop drawings as required. Structural engineers review stamp is excluded.
Underground fiber is Excluded.
Camera mounts are included in this proposal.
All network switches and/or PoE switches are Excluded and to be provided by others.
VIDEO MANAGEMENT SYSTEM SPECIFIC
This proposal includes network cabling from each camera back to closest IDF Room. Cameras over 300' from the closest IDF will be run using Ethernet Extenders or Fiber, or special long distance cable. All cameras will be powered by Power over Ethernet (PoE).
HCI Systems Inc. Page 3 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 75 of 88 The following is a list of system components to be furnished based on the bid documents and the items listed above:
SPEC SECTION SYSTEM
0 VIDEO MANAGEMENT SYSTEM
TOTAL ALL SYSTEMS:
The person executing this Agreement on behalf of Customer represents and warrants that they are authorized to do so by Customer to bind Customer to all terms herein. As a further inducement to the Contractor to enter into this Agreement, the person executing this Agreement agrees to guarantee the performance of Customer herein and to be personally liable for any payments not made by Customer.
The Parties acknowledge that this Agreement is the result of good faith negotiations between the Parties through their respective counsel. Any statute or rule of construction that any ambiguity is to be resolved against the Party that caused such an ambiguity shall not be employed in the interpretation or enforcement of this Agreement.
$ 66,822
This proposal includes electronic copies in PDF of submittals and drawings only, unless otherwise specified in specifications. If Customer requires hardcopy of drawings it shall be subject to additional cost.
The liability for any work requested by Customer to be performed, prior to the Contractor obtaining plan check approval, shall be the sole responsibility of Customer/company requesting said work. Such requests must be made in writing.
Any changes to the project beyond the bid documents for any reason whatsoever outside of the Contractor’s control, whether caused by Owner revisions or construction modifications, are subject to Change Order.
This proposal is based on the Contractor's standard insurance coverage. Any requests for additional coverage beyond the Contractor's standard limits shall be subject to additional charges unless specifically included above. Copies of Contractor’s standard insurance coverage are available upon request.
Invoicing will be submitted on a monthly basis based on percent of work completed. Payments are due within 30 days after submission of an invoice. Overdue payments shall bear interest at the rate of 1.5% per month from the date on which payment is due until paid. A 4% processing fee will be added to any payments issued by credit card.
The Contractor shall have the right to terminate this Agreement for any reason, with or without cause, and at any time upon providing a 30-days written notice to Customer. In such event, the Contractor shall provide a credit to Customer for work not performed and such credit shall be the sole and exclusive remedy to Customer.
The Contractor will not accept any deduction or back charge without a valid reasonable written notice to the Contractor. The Contractor must provide written acceptance to the back charge or deduction. $ 66,822
If any arbitration or action at law or equity shall be brought on account of this Agreement or to enforce or interpret any of its provisions, the prevailing party shall be entitled to recover from the other party its actual attorneys' fees, which shall be made a part of any award or judgment rendered.
General Conditions and Clarifications
If Customer requires special wording for Waiver Of Subrogation Certificate, Customer shall request in writing such Certificate from the Contractor and Customer agrees to add and pay $300 to the proposed cost herein.
This proposal is based on the published project schedule at bid time. Any changes or delays to the project schedule not within the Contractors control will be subject to additional charges.
A bond is not provided for this project. If a bond is required by the Customer, it shall be requested by Customer in writing prior to the issuance of a contract. The additional cost of said bond shall be added to the price quoted herein. The Contractor’s current Bond Rate is 1.05%.
By issuing a contract to the Contractor to perform the work proposed herein, Customer hereby agrees that this proposal and all items contained within is made part of and incorporated in said contract issued for the performance of this work.
The Contractor will not be bound to any labor agreements unless the Contractor independently executes such agreements.
HCI Systems Inc. Page 4 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 76 of 88 Company: City of Montclair
Signature:
Printed Name:
Title:
Date:
Respectfully Submitted By:
If applicable, the Contractor shall make every reasonable attempt to obtain a timely plan check. However, the Contractor is in no way responsible for any delays whatsoever due to plan check officials or procedures.
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. In addition, the Parties agree that facsimile and/or electronic signatures shall be acceptable to evidence the Parties’ assent to this Agreement and are deemed equivalent to original “wet ink” signatures for all purposes under this Agreement.
Garrett Pell
If applicable, the Contractor requires a reasonable amount of time to pretest the entire system including interface with other trades. Failure of other trades to complete their work in a timely manner which causes the Contractor to incur additional expenses to meet the construction schedule will be subject to additional charges.
If applicable, all work (installation, testing and inspections) shall be scheduled during regular business hours only. Any work or inspections scheduled outside regular business hours will be subject to additional charges.
If applicable, in order to proceed with design, the Contractor must have a hard copy of all relevant current contract drawings and specifications.
CAD files for contract drawings are not acceptable.
If applicable, the Contractor will be responsible for scheduling system related inspections. System inspections scheduled by others, resulting in additional cost to the Contractor, shall be subject to additional charges.
ELECTRONIC SIGNATURE: In accordance with California Civil Code § 1633.1 et seq., an Electronic Signature (as defined below) affixed to this Agreement shall be as valid as an original signature and shall be effective to bind signatory to this Agreement. The term “Electronic Signature” shall mean (i) a manually produced original signature that is affixed to this Agreement via electronic means, or (ii) a signature that is generated and affixed to this Agreement via an electronic program (e.g., DocuSign or Adobe Acrobat signature function).
The Contractor is not responsible for the security of the site. The Contractor is further not responsible for any costs or claims whatsoever arising out of theft or damage to installed work due to vandalism.
This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral.
HCI Systems Inc. Page 5 of 5
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 77 of 88 MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 78 of 88
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 7, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STA700A
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3476 APPROVING THE TREE CITY USA APPLICATION FOR 2025 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO SIGN THE APPLICATION
REASON FOR CONSIDERATION: The City is required to meet certain standards to obtain the Tree City USA designation and must submit an application to maintain the status each year. The City Council’s adoption of the proposed Resolution, as well as the issuance of a Proclamation declaring April 26, 2025 as Arbor Day in the City of Montclair will satisfy the requirements of the application.
The City Council is requested to consider adoption of Resolution No. 25–3476 approving the Tree City USA Application for 2025 and authorizing the Public Works Director to sign the application.
BACKGROUND: As one of the world's largest operating conservation foundations, the Arbor Day Foundation, through its members, partners, and programs, educates and engages stakeholders and communities across the globe to involve themselves in its mission of planting, nurturing and celebrating trees.
Beginning in 1998, the City of Montclair was designated a Tree City USA community.
This is an important designation because preference is often given to Tree City USA communities when allocations of grant money are available to fund the purchase of trees or a forestry program. The Arbor Day Foundation’s standards for becoming a Tree City USA community are attached. The City meets the requirements to be recognized as a Tree City USA community based on these standards as follows:
Standard 1 – Tree Board or Department and/or Chair/City Manager representation The Public Works Department oversees the City’s Forestry Program and the Public Works Director can sign the application with the City Council’s adoption of Resolution No. 25–3476.
Standard 2 – Community Tree Ordinance
The City Council approved the City of Montclair Tree Policy on January 5, 2004. The policy provides for the protection and preservation of trees planted within the City’s rights–of–way and at City facilities.
Standard 3 – Forestry Program with an annual budget of at least $2 per capita The City spends an estimated total of $160,000 annually for the maintenance of trees including planting and tree removal. Last year, 150 trees were planted in partnership with Sustainable Claremont and TreePeople.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 79 of 88 Standard 4 – Arbor Day Observance and Proclamation
The City will observe Saturday, April 26, 2025 as Arbor Day. A proclamation will be presented at the April 21, 2024 City Council meeting.
FISCAL IMPACT: There would be no direct fiscal impact on the General Fund related to the City Council’s adoption of Resolution No. 25–3476.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3476 approving the Tree City USA application for 2025 and authorizing the Director of Public Works to sign the application.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 80 of 88 Resolution No. 24–3476 Page 1 of 1
RESOLUTION NO. 25–3476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR APPROVING THE TREE CITY USA
APPLICATION FOR 2025 AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO SIGN THE APPLICATION
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska and Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and
WHEREAS, the City of Montclair was previously recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree–planting practices.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine as follows:
SECTION 1. The City of Montclair urges all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands.
SECTION 2. Saturday, April 26, 2025 shall be declared Arbor Day in the City of Montclair.
SECTION 3. The City Council hereby authorizes the Public Works Director to execute the 2025 Tree City USA Application.
APPROVED AND ADOPTED this XX day of XX, 20XX.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3476 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, 20XX, and that it was adopted by the following vote, to–wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 81 of 88 Personnel Committee Minutes – March 17, 2025 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
MARCH 17, 2025, AT 6:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Martinez, Council Member Ruh, City Manager Starr, and Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of March 3, 2025.
Moved by Council Member Ruh, seconded by Mayor Pro Tem
Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on March 3, 2025.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:01 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:25 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Martinez stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 6:25 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 82 of 88
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 17, 2025 Page 1 of 6
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, MARCH 17, 2025, AT 7:00 P.M. IN
THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.
II. INVOCATION
Pastor Donald Rucker, Christian Development Center, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Ruh led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Community Development Diaz; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Acting Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
Absent: Mayor Pro Tem/Vice Chair Martinez
V. PRESENTATIONS
A. Proclamation Declaring April 2025 as “DMV/Donate Life California Month” in the City of Montclair
Mayor Dutrey presented a proclamation declaring April 2025 as DMV/Donate Life California Month to OneLegacy Ambassador Maribel Galvan, who shared that her son, a registered organ donor, passed away from a traumatic brain injury in 2019 and his organs saved or improved the lives of 27 people.
VI. PUBLIC COMMENT
Jay Mineck, resident, raised concerns about the lack of maintenance and testing of fire hydrants on his street in recent years and demanded regular inspections and testing to prepare for potential disasters, citing the significant loss of homes in Los Angeles due to non–functional hydrants during the recent wildfires.
Bill Kaufman thanked the City for acknowledging the importance of organ donation and shared that his son, who passed away at 31 years old, was also an organ donor. He reminded the City Council of his desire to establish a cannabis business, noting he is still holding a property on Central Avenue for that purpose.
VII. PUBLIC HEARINGS
A. Second Reading — Consider Ordinance No. 25–1011 Authorizing the Levy of a Special Tax for CFD No. 2025–1 (The Village at Montclair)
Mayor Dutrey opened the public hearing and invited comments from the public. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 83 of 88
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 17, 2025 Page 2 of 6 ACTION – PUBLIC HEARING – Ordinance No. 25–1011
ACTING: City Council
MOTION: Conduct the second reading and adopt Ordinance No. 25–1011 authorizing the levy of a special tax for CFD No. 2025–1 (The Village at Montclair).
MADE BY:
SECOND BY:
Council Member Lopez
Council Member Mendez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Dutrey
None
None
Martinez
RESULT: Motion carried 4–0–1 (Martinez absent).
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the remainder of the Consent Calendar, as presented.
MADE BY:
SECOND BY:
Council Member/Director Lopez
Council Member/Director Ruh
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Dutrey
None
None
Martinez
RESULT: Motion carried 4–0–1(Martinez absent).
A. Approval of Minutes
1. Special Meeting — March 3, 2025
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
2. Regular Joint Meeting — March 3, 2025
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 (Martinez absent).
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 84 of 88
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 17, 2025 Page 3 of 6 B. Administrative Reports
1. Consider Receiving and Filing City Treasurer’s Report – February 2025
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
2. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
3. Consider Receiving and Filing SA Treasurer’s Report – February 2025
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
4. Consider Approval of SA Warrant Register – February 2025 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
5. Consider Receiving and Filing MHC Treasurer’s Report – February 2025
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
6. Consider Approval of MHC Warrant Register – February 2025
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 85 of 88
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 17, 2025 Page 4 of 6
7. Consider Receiving and Filing of MHA Treasurer’s Report – February 2025
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
8. Consider Approval of MHA Warrant Register – February 2025 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
9. Consider Approval of Fiscal Year 2024–25 Schedule of Recommendations from the Community Activities
Commission for Community Benefits Funding
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
C. Agreements — None
D. Resolutions
1. Consider Adoption of Resolution No. 25–3475 Designating the Fire Chief as an Authorized Agent of the City of Montclair for California Office of Emergency Services (Cal OES) Public Assistance Grants
Consider Authorizing Submittal of the Approved Cal OES
Form 130 to the State
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Martinez absent).
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COUNCIL WORKSHOP
A. Review of the Ralph M. Brown Act and Public Meeting Conduct The City Council continued this presentation to an adjourned meeting to be held on Monday, April 7, 2025, at 5:45 p.m. in the City Council Chambers
XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation One Potential Case
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 86 of 88
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 17, 2025 Page 5 of 6
2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation Donald Young, et al. v. City of Montclair
Kresback v. City of Montclair
3. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property
Negotiations
Property: APN 1009–191–02–0000
Negotiating Parties: City of Montclair, Mark Martin Del Campo City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–191–03–0000
Negotiating Parties: City of Montclair, Victor Orosco
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–191–04–0000
Negotiating Parties: City of Montclair, Rosemary Herrera City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–191–05–0000
Negotiating Parties: City of Montclair, Armenta Family Trust City Negotiator: Edward C. Starr, City Manager
Under Negotiation Recommendations Regarding Purchase Price C. City Manager/Executive Director — None
D. Mayor/Chair
1. Update on Proposed Wastewater Equivalent Dwelling Unit (EDU) Rate Increase by Inland Empire Utilities Agency (IEUA) Mayor Dutrey expressed concerns with IEUA’s proposed two consecutive nine–percent EDU rate increases for wastewater treatment over the next two years, following previous increases of seven and six percent. He advised the EDU fee is a pass– through fee in the City’s sewer billing.
He explained that cities created IEUA over 50 years ago to consolidate and lower sewer treatment costs. With the expiration of the original 50–year contract, negotiations for a successor contract are ongoing. Currently, cities are only represented on a policy committee that can make recommendations to the IEUA Board. He noted as a member of the Policy Committee he
requested a rate study from IEUA staff, which has not yet been provided. The IEUA Board is set to consider the proposed rate increases at its meeting on April 15, 2025. He plans to urge the IEUA Board to delay the decision for further discussion and has scheduled a meeting, along with City staff, with IEUA Board President and IEUA staff to discuss the City’s concerns.
2. Mayor/Chair Dutrey acknowledged holidays observed and groups recognized in March; requested tonight’s meeting be adjourned in memory of San Bernardino County (SBC) Sheriff’s Deputy Hector Cuevas Jr, who passed away during a pursuit in Victorville; and acknowledged that today would be the 100th birthday of his father.
E. Council Members/Directors
1. Council Member/Director Mendez wished everyone a happy St. Patrick’s Day.
2. Council Member/Director Lopez noted his attendance at the Buena Vista Arts–Integrated School performance of Alice in Wonderland Jr. and reflected on the legacy of St. Patrick.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 87 of 88
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 17, 2025 Page 6 of 6
3. Council Member/Director Ruh noted his attendance at a performance of Seussical the Musical at Serrano Middle School; Montclair Little League’s Opening Day, and a 25th Anniversary event for the Christian Development Center. He reported his participation in Reading Across America Day by donating and reading books to children at Lehigh Elementary School, and discussed the social and societal contributions of Bessie Coleman, the first African–American woman to earn a pilot’s license, and Hedy Lamarr, an Austrian–American Hollywood actress and inventor, in honor of Women’s History Month.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee — March 3, 2025
XII. CLOSED SESSION
At 7:40 p.m., the City Council went into closed session to discuss potential litigation, pending litigation, and real property negotiation.
XIII. CLOSED SESSION ANNOUNCEMENT
At 8:36 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed potential litigation, pending litigation, and real property negotiations; information was received and direction given to staff; and no further announcements would be made at this time.
XIV. ADJOURNMENT
At 8:36 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
At 8:36 p.m., the City Council was adjourned to Monday, April 7, 2025, at 5:45 p.m. in the City Council Chambers for a Council Workshop presentation to review the Brown Act and public meeting conduct.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
The meeting was adjourned in memory of SBC Sheriff’s Deputy Hector Cuevas, Jr.
MONTCLAIR CITY COUNCIL MEETING – 04/07/2025 Page 88 of 88